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Terms and Conditions

FP Automotive Ltd, T/A Funky Power

CONSUMER TERMS OF SALE

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE



1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by FP Automotive Ltd., trading as Funky Power, whose registered office is at 8 Whitelee Crescent, Newton Mearns, Glasgow G77 6UH, registered in Scotland No. SC255471 (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the goods will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the goods are unavailable, mis-priced or cleared funds are not received. The automated email sent from our website to you upon submitting an order on funkypower.com does not constitute a formal acceptance of your offer by FP Automotive Ltd.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.


2. Description and price of the goods
2.1 The description and price of the goods you order will be as shown on the Supplierīs website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock we will notify you by email and give you the option of placing the part on backorder, and give an estimation of delivery timescale. If after acceptance of your order the Supplier discovers within [14 days] of our acceptance of your order that the goods are unavailable we shall give you the option of placing the part on backorder or terminating the contract and thus refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Supplierīs website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.


3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Supplierīs website at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.


4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order, it is your responsibility to ensure the address details are correct and comprehensive.
4.2 Orders placed before 3.00 pm on a working day will be processed that day and will be delivered on a next day delivery service, provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
4.3 If delivery cannot be made to your address for reasons under the Supplierīs control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days of receipt of the returned goods, for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier in resalable condition. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please state this clearly next to your signature, or refuse delivery altogether if damage is obvious. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as "UNCHECKED". Failure to do so may affect any warranty claims that you make thereafter.


5 Risk/Title
5.1 The goods are at your risk from the time of delivery.
5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.


6. Title for Business to Business Customers
6.1 If you are a business customer, until ownership of the goods has passed to you, you must:
6.1.1 store the goods (at no cost to the Supplier) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the Supplierīs property;
6.1.2 not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on the Supplierīs behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request you shall produce the policy of insurance to the Supplier; and 6.1.3 hold the proceeds of the insurance referred to in condition 6.1.2 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account. 6.2 If you are a business customer your right to possession of the goods shall terminate immediately if:
6.2.1 you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the grant­ing of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency; or
6.2.2 you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
6.2.3 you encumber or in any way charge any of the goods.
6.3 Business customers are exempt from returning items within 7 days under the distance selling act.
6.4 Trade customers are liable for all carriage costs.


7. Your right of cancellation
7.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post or Email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 Except in the case of faulty or misdescribed goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or misdescribed goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, either collect the goods from you or ask you to return the goods yourself and possibly refund you the reasonable postage costs.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days of satisfactory receipt of the returned goods, for any sum that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or misdescribed goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 You do not have the right to cancel the contract if the order is for computer software or vehicular computer chips which have been unsealed by you, or for "special order", "clearance" or "special offer" items, or for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.


8. Warranty
8.1 All goods supplied by the Supplier are supplied without any "FP warranty" (unless otherwise stated). Certain goods, however come with full manufacturer warranties, documentation for which will be included with your purchase. This warranty does not affect your statutory rights as a consumer.
8.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Manufacturer/Supplier, failure to follow the Supplierīs instructions, or any alteration or repair carried out without the Manufacturer/Supplierīs approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via Email within 14 days.
8.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing via Email, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.


9. Limitation of Liability
9.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
9.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
9.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
9.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
9.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplierīs negligence or fraudulent misrepresentation.
9.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.


10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.

11. Images
Product images are for illustrative purposes only and may differ from the actual product.

These terms of sale and the supply of the goods will be subject to Scottish law and the Scottish courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in England shall have the right to insist upon these terms being construed in accordance with the laws of England and to submit to the jurisdiction of English courts.


Terms and Conditions for the Supply of Bodykits and/or Bodykit components
Body kit installation should only be performed by a qualified professional with experience of installing custom fibreglass body kits. Some body kits may require modification for proper fitment. Sanding, filling, and other pre-painting preparation may also be necessary. Be sure to pre-fit all body kits prior to painting.

Some body kits are intended for off-road/show/race use only and may require altering or removing factory bumper reinforcements. The buyer fully understands the risks associated with such modifications and will not hold Funky Power responsible for any damages resulting from the use of these products.

Funky Power DOES NOT guarantee delivery times and cannot be held liable for any expense incurred for storage of a vehicle at a body shop, or for any delay in the delivery. Please do not put your car into a body shop until you receive your body kit and have checked it thoroughly. Bodykit parts can take longer than 28 days for delivery, please consult an FP member of staff for further information with regards to a specific kit.

By ordering a bodykit or bodykit component from Funky Power, you are agreeing to the above terms and conditions.


Gift Voucher Terms and Conditions


1. Purchase
1.1 The Web Site offers gift vouchers for sale ("Gift Voucher").
1.2 No contract for the sale of any Gift Voucher will subsist between you and Planet Performance (UK) Ltd, unless and until Funky Power accepts your order by way of an email detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Funky Power sends the Confirmation to you (whether or not you receive that Confirmation). The Confirmation amounts to an acceptance by Funky Power of your offer to buy gift voucher(s) from Funky Power or a third party supplier that is engaged on your behalf by Funky Power.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 Payment shall be taken on our behalf by Planet Performance (UK) Ltd. by credit or debit card (Mastercard, Visa, Delta, American Express or Switch/Maestro).
1.5 You undertake that all details you provide to Funky Power for the purpose of ordering Gift Voucher are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.
1.6 In order to protect your details during ordering, the Web Site uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom right/left hand corner of the web browser (grey border area of the screen).

2. Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to these terms and conditions of use.
2.2 We shall be responsible for issuing, posting first class (or special delivery if requested) and performing any other terms set out in the Confirmation. The Gift Voucher should be issued and posted within three (3) days of sending out the Confirmation, although you must bear in mind that during busy holiday periods it might take longer. We accept no liability for any delay which may occur in the delivery times.

3. Complaints Procedure and Returns
3.1 Please remember that the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Web Site. Subject to paragraph 3.2 below, our policy on cancellations or refunds will be in accordance with the terms and conditions of each individual Gift Voucher.
3.2 All Gift Vouchers are non-refundable and non-transferable unless otherwise agreed by us.
3.3 All specific arrangements regarding delivery dates and times must be made directly with us, and we recommend that you reconfirm any arrangements made with us a few days before the scheduled delivery date to avoid disappointment. We will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights.

4. Liability
4.1 This section applies only to the extent permitted by law. For the avoidance of doubt, Planet Performance (UK) Ltd. do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Planet Performance (UK) Ltd. negligence or willful default, or that of Planet Performance (UK) Ltd. employees, agents or subcontractor or (b) fraudulent misrepresentation.
4.2 In the event that Planet Performance (UK) Ltd. breach their contract with you, Planet Performance (UK) Ltd. shall be responsible only for refunding the cost of the Gift Voucher. Planet Performance (UK) Ltd. shall not be liable to pay any other compensation or losses suffered by you as a consequence of Planet Performance (UK) Ltd. breach of contract.
4.3 Planet Performance (UK) Ltd. agree to provide the services for which the Gift Voucher was purchased in accordance with the description on the Web Site, at all times with reasonable skill and care. Planet Performance (UK) Ltd. make no other warranty or representation.

5. Copyright
The Web Site, www.funkypower.co.uk, is protected by copyright, and other intellectual property rights and laws. You may view the Web Site and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.

6. Privacy
Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our parent company, Planet Performance (UK) Ltd.

7. Disclaimer
By accessing and using the Web Site, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Web Site is correct, accurate and up to date, we make no warranties, representations or undertakings that the material on the Web Site will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).

8. Governing Law and Jurisdiction
The Web Site and these Consumer Terms and Conditions are governed by the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts in all matters relating to such use of the Web Site and in relation to these Consumer Terms and Conditions. If any provision of these Consumer Terms and Conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these Consumer Terms and Conditions will remain in full force and effect in so far as possible. If you access the Web Site from outside the UK you are responsible for compliance with any local laws relating to access.

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