Terms and Conditions
General Disclaimer
The website thefunkygroup.co.uk("thefunkygroup") is owned and operated by Vivid Chic Limited. When you view thefunkygroup, your visit and any disputes arising from it are subject to this Disclaimer, our Terms and Conditions and our Privacy Policy. We have taken reasonable steps to ensure that thefunkygroup and all information provided on or through it is accurate. However, we assume no responsibility for information contained on thefunkygroup and disclaim all liability in respect of such information. We shall not be held liable for any losses you suffer, including any indirect or consequential loss, including but not limited to loss of business or profits or any other financial loss arising out of or in any way connected with the use of thefunkygroup. We are not responsible for the content of any websitesdirectly or indirectly linked to or linked from any pages on thefunkygroup. If you consider any linked pages to be inappropriate, illegal or offensive please let us know by contacting . All questions regarding the use of thefunkygroup are governed by the law of Scotland and subject to the jurisdiction of the Scottish Courts.
Terms and Conditions
1. General
1.1 thefunkygroup.co.uk is owned and operated by Vivid Chic Limited whose registered office is:-
1.2 These Terms and Conditions govern your use of the thefunkygroup.co.uk website ("thefunkygroup"), and your relationship with Vivid Chic Limited the website operator.
1.3 The purpose of this website is to retail hair and beauty products ("Products").
1.4 thefunkygroup and the Products are intended for and directed solely at those who access thefunkygroup from the United Kingdom. If you are accessing thefunkygroup from a location out with the UK, you are responsible for complying with the laws which apply in that jurisdiction.
1.5 These Terms and Conditions take precedence over and exclude any terms and conditions which you may introduce.
1.6 We reserve the right to update or modify these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Site. The change of Terms and Conditions shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Site.
2. Definitions
2.1 Throughout the Terms and Conditions, when we refer to "we", "us", "our" etc, we are referring to Vivid Chic Limited. When we refer to "you" etc we are referring to you the customer.
2.2 In these Terms and Conditions:-
"Contract" shall mean a contract concluded between Vivid Chic Limited and you in terms of Clause 5.8 of these Terms and Conditions
"Delivery" shall mean delivery of the Order in accordance with Clause 8 of these Terms and Conditions "Products" shall mean the goods and products available from thefunkygroup which are supplied to you; "Order" shall mean your order for Products received by email, telephone, fax or letter to us directly or made on thefunkygroup;
3. Registration (Currently not available)
3.1 When you register with thefunkygroup you must ensure that the details provided by you on registration or at any time are correct and accurate. You must provide the correct address for any credit card or debit card you use to make any payments to thefunkygroup.
3.2 The provision of fictitious or incorrect address details may be reported to law enforcement or other relevant authorities for the purposes of combating internet-based credit card fraud in accordance with our Privacy Policy.
3.3 When you register to use thefunkygroup we ask that you create a password. You must take all reasonable steps to keep this password secure, and must not let anyone else use it. You are responsible for all activities and orders that are submitted using your password. If you have reason to suspect that anyone else has your password, please let us know immediately so that we can cancel it.
3.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by emailing . If you cancel, you must stop using thefunkygroup.
3.5 The suspension or cancellation of your registration and your right to use thefunkygroup shall not affect your or our rights or obligations.
4. Products and Prices
4.1 Our prices are stated in Pounds Sterling only, and are inclusive of Value Added Tax ("VAT").
4.2 We have has taken all reasonable steps to ensure that the Products are described as fairly and accurately as possible. We also endeavour to ensure that price and availability information is published as accurately as possible and is kept up to date. In the unlikely event that thefunkygroup contains any inaccurate, incomplete or out of date information we shall endeavour to rectify this as soon as practicable.
4.3 We reserve the right to make changes to thefunkygroup and to details of Products without notice and with no liability on our part. All Products are subject to availability.
4.4 Please note that the images we use in this site are representations only, and should not be taken to be an accurate depiction of any particular product.
5. Placing your Order
5.1 When you click the "Checkout button", you will be taken through our order process steps 1-3. On the final screen we will show your Order ID, name, shiping address, delivery address, e-mail address, details of your Order and the total price payable by you. If you are satisfied that your personal and order details are correct, click on Confirm Order. This will take you to the payment section of the Site. All payments are administered on our behalf by Sagepay (www.sagepay.com).
5.2 When you click on "Confirm Order", your order will be sent to us. A message will appear on screen acknowledging this - Step 3 of 3. Payment will be taken as soon as your credit or debit card details have been authorised. We will also send you an e-mail instantly after your Order has been made acknowledging that you order has been received. This acknowledgment does not amount to an acceptance of your Order. You should read this confirmation e-mail carefully.
6. Price Correction
6.1 We will try to ensure that all prices on thefunkygroup are accurate. If any pricing errors come to our attention, by whatever means, we will take reasonable steps to inform you and we will give you the option to reconfirm the Order at the corrected price or cancel it. If we cannot contact you, the Order will be treated as cancelled. If the Order is cancelled, for whatever reason, a full refund will be made.
7. Payment
7.1 Payment can be made by any method specified in the Payment section of thefunkygroup. We take all reasonable precautions to keep your order and payment details secure, but, in the absence of negligence on our part, we cannot be held responsible for any losses incurred by you as a result of unauthorised access to the information which you have provided to us. In the event that loss is incurred as a result of our negligence, our liability shall be limited in terms of Clause 11.3.
7.2 You confirm that the credit or debit card with which you make payment is held validly in your name. We cannot be held liable for any delays or non-delivery which may occur if credit or debit card provider does not authorise payment. You should also ensure that any information supplied by you is correct before proceeding to payment. We do not accept responsibility or offer refunds if you provide incorrect information.
8. Delivery
8.1 Delivery charges are specified in the Delivery Info section of thefunkygroup.
8.2 The cost of packing and delivery is shown prior to confirming your Order.
8.3 The risk in the Product shall pass to you on delivery or attempted delivery of the Product.
8.4 We aim to deliver all UK standard Delivery orders within 1-5 days. Please do not contact us regarding the delivery status of your order during the first 7 days, except where your order has been sent via Guaranteed Next Day Delivery when you should wait 1 day prior to contacting us.
In the unlikely event that your item gets delayed or goes missing in the post, refunds or replacements will only be issued once the package is officially classed as 'lost' by Royal Mail. For Saver and Standard Delivery this applies if the item remains undelivered 15 working days after posting. For Next Day Delivery this applies if the item remains undelivered 7 working days after posting.
8.5 Reasonable allowance should be made for orders made over the weekend and at public holidays. Please allow up to 30 days for delivery in exceptional circumstances.
8.6 We may send your order in multiple packages. We will endeavour to advise you of this by email prior to dispatch.
8.7 Where FedEx, Royal Mail Recorded Delivery, Special Delivery or Next Day Delivery is used, the delivery must be signed for.
(a)If FedEx attempt delivery on a day that you are not available they will automatically try again the next working day (excluding Saturdays). If you wish to receive your delivery on a different day please call them on the telephone number on the bottom of the card left by their driver
(b)FedEx always attempt to deliver your parcel(s) twice.
If they are unsuccessful on the first attempt then they will automatically try again on the next working day (excluding Saturdays). If you wish to receive your delivery on a different day please call them on the number on the bottom of the card left by their driver
If they have attempted to deliver your parcel(s) on two separate occasions then it will be necessary for you to collect your parcel(s) from their Depot. If you would like a re-delivery there is a charge.
(c) If you fail to collect the package within the stated time period and the package is returned to us we will consider the order cancelled or re-dispatch by request.
(d) Under these circumstances, prior to making a refund, we will make a charge to cover the post and packing costs of sending the goods to you. An additional postage and packing charge will also be made if you wish the goods to be re-sent.
8.8 If you request to re-direct your order there is a charge of £8.95
8.9 thefunkygroup does not accept responsibility if the delivery company fails to notify you of an attempted delivery.
8.10 Next Day Delivery is a service of FedEx and Royal Mail only, no guarantee is provided by thefunkygroup in relation to orders sent using this method and no compensation will be payable by thefunkygroup under any circumstances.
8.11 We are unable to arrange for orders to be left in alternative locations (i.e. in a shed or with a neighbour).
8.12 The following postcodes will be charged £8.90 postage for deliveries of Hair Straighteners. All BT postcodes, IV1-28,IV30/31/32/36/40-49/51-56/63, KW1-3/5-17, PH5-10 split I/S and I/H postcode/PH15-26,30-44,49-50, AB31-38,41 split I/S and I/H postcode,AB43-45,51-56, HS2-9, PA20-38,41-49,60-78, ZE1-3, KA27-28, FK19-21
8.12 Deliveries to workplace If you want your delivery to reach you at work, you need to be confident that someone will be there to take receipt of the goods as the courier will deliver to the place not the person
9. Returns
9.1 You have the right to cancel your order at any time up to 30 days after the day following the delivery of the goods by contacting our Customer Services department by telephone, email or post. If you have simply changed your mind about any item ordered and you wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision within 10 days of receipt. The item must not be used and must be 'as new' when returned to us. Once you've informed us that you wish to return goods under the DSR, you have 28 calendar days to do so, at your own expense. Once the item is received at thefunkygroup.co.uk, we'll issue a full refund (possibly minus our original postage costs - 9.5) for the product to your original payment method.
9.2 Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact for more information.
9.3 If the products have already been posted to you, you must return the products to us at the time of cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given.
Please With Details of your return prior to sending; as some items have to be returned to the Manufacturer.
Returns email:
You should return products to:
Funky Group Returns
9.4 You must enclose a copy of the original invoice and reason for return. When returning goods we recommend that you obtain a proof of posting from the Post Office.
9.5 Please note that depending on the reason for return, we reserve the right to charge for the original postage.
9.6 If you do not return the goods within 7 days from the day your cancellation is made, we will make an administrative charge of £30 in respect of the cost of recovering the goods.
9.7 If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have rescinded your request to cancel and accepted the goods. You will be charged for your order at the price originally agreed as per our Terms and Conditions. Any administrative charges incurred shall be added to the total price of the order.
9.8 Please use the original packaging to return a Product. Where this is not suitable, please use packaging of an equivalent quality. Failure to do so may result in damage to the product which you will be liable for.
9.9 You must notify us of any shortage, damage or defect in the Product within a reasonable time frame or you will have been deemed to accept the Product. If the Product is found to be faulty or defective, then we will offer you either a replacement or a full refund where appropriate.
9.10 If you return any products that don't comply with the above instructions we will return the product to you and make an administrative charge of £5.95 in respect of re-delivery cost.
9.11 If you receive a faulty/damaged order then photographic evidence maybe required of the fault/damage of the item if we do not require the item to be returned
10. Warranties and Liabilities
10.1 We shall use reasonable endeavours to ensure the Products are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Products are reasonably intended. However, the Products are provided on an "as is" basis and it is your sole responsibility to ensure that Products ordered are suitable for their intended purpose.
10.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
10.3 Subject to conditions 10.1 and 10.2:-
(a)Our total liability to you or to any third party whether in contract, delict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party's) use of the Products (including, without limitation, loss of business, costs or expenses) will be limited to the price of your Order; and
(b)We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the Products.
11. Contact Details
11.1 We aim to deal with any complaints in a fair and confidential manner. Any complaints or communications should be directed to:-
Customer Service Department
thefunkygroup.co.uk
Tel:
12. Chargeback Fraud
12.1 A Chargeback is a process whereby a credit card issuer reverses a transaction on the request of the card holder.
12.2 Where a chargeback is raised by or on behalf of you in a situation where an order has been delivered, has not be properly cancelled in accordance with our returns policy,is still to be delivered, or is otherwise covered by a clause or term in these terms and conditions then we shall be entitled to recover the full order cost from you by civil means. We further shall be entitled to charge you an administration fee of £30 payable immediately upon demand. Additionally, we may notify the police or other legal authorities about the chargeback filing.
12.3 For the avoidance of doubt, the administration fee shall be payable even where an order is "lost in the post" at the time the chargeback process is inititated, as we make provision for how this matter is to be handled in these terms and conditions. If you are unsure of whether or not to file a chargeback we strongly advise you to discuss the matter with our Customer Service department first.
13. Intellectual Property Rights
13.1 The content of thefunkygroup is protected by national and international laws and treaties. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on thefunkygroup without written permission from us.
13.2 No license is granted to you in these Terms and Conditions to use any trademark or service marks of Vivid Chic Limited or its licensors.
14. Legal
14.1 If any provision of these Terms and Conditions are held to be invalid or unenforceable, the other provisions and the remainder of the provision in question shall remain as valid.
14.2 The contract shall be governed by and construed in accordance with the law of Scotland and the parties hereby agree to submit to the exclusive jurisdiction of the Scottish courts.
15. WEEE
15.1 The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to make producers pay for the collection, treatment and recovery of waste electrical equipment. The regulations also mean that suppliers of equipment like high street shops and internet retailers must allow consumers to return their waste equipment free of charge. The amount of WEEE we throw away is increasing by around 5% each year, making it the fastest growing waste stream in the UK. Much of the UKs WEEE ends up in landfill, where the lead and other toxins it contains can cause soil and water contamination. This can have a harmful effect on natural habitat, wildlife and also human health. Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and also reduces the environmental and health risks associated with sending electrical goods to landfill.
15.2 Distributors of new Electric and Electronic Equipment (EEE) have a part to play in reducing the amount of WEEE going into landfill sites. Vivid Chic Ltd is obliged under these regulations to offer our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product from us. For example, if a customer bought a new curling tong from us we would accept their old curling tong and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item.
15.3 Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol, goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste so that they can be recycled.