Commerce Online Terms & Conditions

These conditions of sale apply to our website. By accessing this website and / or placing an order, you agree to be bound by the terms and conditions set forth below. Before ordering, if you have any questions regarding these terms and conditions please send a info@funkin.co.uk email or call our office at +44 (0) 207 328 4440 with your request.


1.1 The site funkin limited and you

This site is operated by funkin Limited whose address Headquartered 122 Arlington Road, Camden, London NW17HP. Our company registration number is 03765967 (England) and the VAT number is 749 2165 14. Our phone number is +44 (0) 207 328 4440

Registered address

A.G. Barr PLC Crossley Park
Magna Park
Milton Keynes
Buckinghamshire
MK17 8FL

Registration number 03765967

References to "we", "us" and "our" refer to funkin Limited. References to "you" and "your" refer to those placing an order via this website.

1.2 Contract Information

These conditions of sale apply to products supplied by www.funkincocktails.co.uk
These terms and conditions do not affect your statutory rights.

Your placement of an order on our site is an offer by you to purchase the products selected in your order.

We can accept your order at our discretion. This means that if the products are presented on the site, but are sold improperly, poorly described or not available, we will not be forced to sell these products.

Once you have placed an order we will send you confirmation that your order has been received, but it is not a confirmation that your offer to buy the products was accepted. A contract between you and funkin Limited for the sale of our products will exist once the order has been accepted, processed and shipped to you.

We reserve the right to change these general conditions of sale time to time without notice.

1.3 Product Compliance

We take every precaution to ensure that the description and characteristics of our products are correct. However, specifications and product descriptions are only intended to give a general description of products and are not intended to be binding.

1.4 Payment

Payment can be made by one of the options advertised on our website. Once we have received your order we conduct a standard pre-authorise on your credit card to ensure there is sufficient funds to fulfill the order transaction. Your card will be debited once the order was approved. Items will not be sent until this pre-authorisation is completed.

The cards are subject to validation checks and authorisation by your card issuer. If we do not receive the required authorisation, we will not be responsible for any delay or non-delivery if the payment is not received, your order will be cancelled.

We do not store credit card details and we do not share customer details with third parties.

1.5 Delivery

We require a signature upon delivery, so please ensure that someone is present to accept the delivery, or leave instructions during the ordering process to know who else could sign for your delivery (i.e. a trusted neighbour). Your order will be re-delivered two more times, at which point, if your order has not been successfully delivered, it will be returned to funkin.

If delivery cannot be made to your address, you will be notified as soon as possible.


Orders placed before the specified time limit will be processed and delivered according to your request, provide security controls are not necessary and all products are available.

Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, we will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. Please check your order in advance of the scheduled date to avoid disappointment. In this case, we will inform you of any delays as soon as possible.

Upon receipt of your order, you will be prompted to sign for the goods received. If the package does not seem to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery then please sign for the parcel as "UNCHECKED". Not doing so can affect any claim you make thereafter.

Property of an item will not pass to you until we have delivered the item to you (either directly or by leaving it in a safe place or with a neighbour). Once confirmed as delivered the risk of damage or loss of the object is passed to you.


1.6 Cancellations, returns and refunds

1.6.1 Your right to cancel

You have the right to cancel your order with us at any time up to 12pm on the day of purchase. For orders placed after 12pm, you may cancel your order up to 12pm on the next business day. To cancel your order at this time, you must notify us by calling our office at +44 (0) 207 328 4440.

If you want to cancel your order after the products have been delivered to you, you will be responsible to return the goods to us at your own expense, unless the goods are defective. Please follow our return process. You will be credited for the products within 30 days of receipt by us provided that the goods are returned complete, in perfect condition, unused and with original packaging.

1.6.2 return policy

If you are not completely happy with the products you have chosen, you can return them within 10 days of receipt. We will be more than happy to offer you an exchange or, if you prefer, a refund provided that the products are returned complete, in perfect condition, unused and with original packaging. You will be responsible to return the goods to us at your own expense, unless the goods are defective.

1.6.3 return procedure

For all returns unless the item is defective or we shipped the wrong item, you will be required to pay for the return of products to us.

Before returning any product, please call us at +44 (0) 207 328 4440 or email info@funkin.co.uk make us aware of your wish to return the product.

To return products to us, please pack the items back in the package and return it to:

Attn: Customer Service funkin, 122 Arlington Road, Camden, London NW17HP.
When returning items please confirm if you want a refund or replacement. We strongly recommend that you get a proof of shipment, we can not accept responsibility for parcels lost in transit.

1.6.4 defective product

In the unlikely event you receive a defective product, you must call our office at +44 (0) 207 328 4440 or let us know via info@funkin.co.uk in writing within 10 days of delivery. Goods must be returned in line with our returns instructions. Once we have received the property, we will check the fault. If the fault is verified we will either:

- Replace with the same article;
- Provide a refund using the same payment method used for purchase in line with our refund policy.

If the goods you have returned are not found faulty goods they will be returned at your expense.

1.6.5 items damaged on delivery you

Our products are packed with care and consideration. In the unlikely event that a funkin product arrives damaged, we recommend you refuse delivery and contact our office at +44 (0) 207 328 4440 to explain the default. We will then arrange a replacement delivery as soon as possible.

If you accept delivery and wish to contact us about the damaged funkin products, you will need to provide the following information by email at info@funkin.co.uk within 48 hours of delivery:
to. Photographic evidence of the broken product, making the quantity and the product itself clear
b. Your order number
c. Details product names and quantities broken
d. Whether you want a replacement or refund

Once the fault is verified we will either:

- Replace with the same article;
- Provide a refund using the same payment method used for purchase in line with our refund policy.

1.6.6 False item delivered

If, by mistake, we provide you with the wrong item, you must notify us within 10 days. Goods must be returned in line with our returns detailed instructions under "return procedure" below. Once we have received the goods back, we confirm that it is actually an inaccurate article and either:

Replace with the correct item;
Online repayment with our refund policy.

1.6.7 Additional elements delivered

If, by mistake, we provide you with additional elements that you must inform us immediately. Goods must be returned in accordance with the return procedure, if you do not follow this procedure and are found in possession of property that you have not paid, you may be charged for the goods.

1.6.8 Refund Policy

If you are eligible for a refund, we will refund the card used to pay for your initial order. Please note that it is your responsibility to inform us of any changes to your card i.e. Changes to billing address. We aim to share all eligible refunds within 7 business days of receipt of returned goods, although repayment may take up to 30 days in the busiest times.

1.7 coupons, discounts and promotional coupons

Coupons, discounts and promotional codes discounts offered by www.funkincocktails.co.uk are only valid for use in connection with a purchase via www.funkincocktails.co.uk unless otherwise stated. These promotional discounts are not valid for use on other websites. One coupon can be used per order. Coupons can not be returned for cash or its equivalent.

Discounts awarded for registration are limited to one per customer (the email address and postal address must be unique). Any redemption found to in breach of these requirements will result in the discount being removed from any secondary orders.

1.8 Disclaimer and Limitations of Liability

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations or negligence) or otherwise arising out of or in connection with these Conditions for:
1. economic losses (including, without loss of revenues, profits, contracts, business or anticipated savings limitation); or
2. any loss of goodwill or reputation; or
3. any loss that has not been brought to the attention of us at the time the contract was made or loss that would be an unpredictable consequence of a breach of contract by us; in any case, whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by any of us arising from or in connection with the provisions of any matter under these conditions.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our employees, agents or employees.

To the fullest extent permitted by law and subject to the provisions above, we will not be liable to you by reason of a representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or neglect (either from funkin Limited or one of its members, officers, directors, employees or otherwise) for any loss or consequential or incidental damages (including but not limited loss of profit or loss of savings), costs, expenses or other claims for compensation whatsoever arising out of or in connection with use of this site, the provision of goods or their use or resale by you.

The limitations of liability in these conditions also apply for the benefit of us and any other associated company.

While we use reasonable efforts to ensure that the information on this website is accurate and current, it gives no guarantee as to their accuracy or completeness and we will not be responsible for errors or omissions or results from the use of this information.

Although we take all reasonable measures to ensure a fast and reliable service, we do not guarantee that your use of this Site will be uninterrupted or error free and will not be liable for any disruption, loss or corruption of all data in transit .

We will not be responsible nor liable for your use of other sites that you can access via links within this site. We do not control such websites and disclaims any responsibility for their contents. These links are provided solely as a service to users of this website and their inclusion in this website does not constitute an endorsement or affiliation with us.

The entire liability of us under or in connection with any contract for products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.

We will not be liable to you or be deemed in breach of these terms and conditions or any other contract with you because of a delay in performing, or any failure to perform its obligations with respect to products ordered by you if the delay or failure was due to any cause beyond its control.

We may assign or transfer its rights or sub contract any of its obligations under these terms and conditions to any third party. You can not assign or transfer any of your rights or subcontract any of your obligations under these terms and conditions, except with the prior written permission of funkin Limited.

No person who is not a party to these terms and conditions has the right to enforce any term in the Contracts (Rights of Third Parties) Act 1999. Nothing in these Conditions is intended or shall affect any of your statutory rights which can not be legally excluded.

1.8 Linking Policy

You can access this site if you wish without our permission, you must create a link to the home page and not deep link into the site. You can also use any information contained in this website as long as you have our permission and also acknowledge our ownership.

However, if you put a link to our site, you agree that you will indemnify us in full if action is taken against us by a third party or even by you, under the link you have created. If you create a link to this website, any use is subject to these Terms and Conditions.

1.9 Copyright and trademark

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times our property. You are permitted to use this material only as expressly authorized by us.

You acknowledge and agree that the material and content on the site is provided for your personal, noncommercial use only and you can download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Title on the site (both legal and equitable) is and shall at all times remain with limited funkin and keeps you free website for all costs, expenses and privileges and protect it from legal proceedings.
Title for the content and / or materials (both legal and equitable) is and shall at all times remain with limited funkin and keeps you content and / or materials free of all fees, charges and privileges and protect any judicial process.

funkin limited grants to you a non-exclusive non-transferable license to use the web site and unless expressly authorized in writing by funkin Limited, you are not allowed to sub-license rights which may from time to time be granted by writing funkin limited to a third party. You agree that you will not yourself or through a third party:
Copy the site and / or content and / or materials except to the extent necessary for the use of the site. If you make copies of the site, you must reproduce all proprietary notices on such copies;
The reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Web site, except as permitted by law;
Sell, lease, license, transfer or sublicense the site, content and / or materials;
Write or develop software or other derivative programs based, in whole or in part on the site, content and / or materials owned funkin Limited.

1.10 Protecting Your Security

To ensure that your credit, debit or charge are not used without your consent, we will validate name, address and other personal information that you provided during the ordering process appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of this information. You can be assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will not be affected.

During security checks, we may request information or documents to help support the data you have provided.

All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1998 data.

1.11 Privacy Policy

The Law on Data Protection is designed to protect individuals about whom he entered and stored on other computer systems. Accordingly, it sets strict standards of accuracy, relevance and care of such data including how it can be disclosed.

All data on individuals who have entered or included in a message for limited funkin be subject to the Data Protection Act and you are responsible for the accuracy and relevance and should have the power to communicate and limited funkin use it for purposes of any transaction or included for you through the web site. If you have any doubt about any data please feel free to send Funkin limited with details of the first problem. Funkin Limited are registered under the Data Protection Act. If you have questions about the data that is held, you must contact info@funkin.co.uk

Funkin limited use personal information for the purposes for which it was given to Funkin Limited and as part of the company or authorized by law. Funkin Limited gather the information you provide. By giving Funkin limited this information, you consent to the use of it in order to process your order to process your order and inform you about its progress.

The information you provide and other information about visitors or limited Funkin filers will not be sold, leased, exchanged, transferred or otherwise disclosed to any third party funkin Limited. However, Funkin Limited reserves the right to disclose data to a compliance officer of the law or as part of legal proceedings if we believe that such disclosure is required by law;

Funkin Limited may use the information you provide to inform you about the Funkin limited services that may be of interest to you and to keep you informed about upcoming events. For your safety, Funkin Limited reserves the right at any time to communicate with people if evidence of tampering or incorrect account Account activity is discovered.

Limited Funkin ensure it has the appropriate technical and organizational measures in place against unauthorized or unlawful processing of personal data and against accidental loss or destruction of or damage to personal data held or processed by it and that it has taken measures reasonable to ensure the reliability of one of its employees who have access to personal data processed in the framework of the site.

1.12 Allowance

If part of the Terms shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions of the Terms.

1.13 Survival

Each provision of these Conditions of Sale shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances.

1.14 Law and Jurisdiction

These conditions of sale and supply of goods shall be governed by English law and the English courts shall have jurisdiction over any dispute arising from the contract.

FUNKIN LOYALTY SCHEME TERMS AND CONDITIONS

The Funkin Loyalty Scheme (“the Scheme”) is promoted and operated by Funkin Limited (“we”). These are the terms and conditions which apply to your membership of the Scheme and the allocation and use of loyalty points we may provide to you as a reward for purchasing products from us.

Scheme membership

  1. The Scheme is available to all persons who submit a trade loyalty account application which is accepted by us (“Trade Loyalty Account”).

  2. The decision to accept, reject or otherwise respond to a Trade Loyalty Account application shall be made entirely at our discretion, and accordingly, we reserve the right to refuse any such applications. The Scheme is only available to:

    • UK residents aged 18 or above;

    • Independent free trade (“IFT”) customers we deem eligible to participate in the Scheme. We do not allow trade customers (including individuals who work for, or who are employed by trade customers) that have a national account with us to participate in the Scheme - We provide any loyalty incentives to these trade customers through their national account agreement instead; and

    • One individual per IFT customer.

  3. We may require proof of your eligibility to join or continue to participate in the Scheme. The documentation we may require you to provide to support your application includes:

    • Proof of age;
    • Proof that you own or work for an IFT retail outlet (i) that sells alcoholic drinks such as a bar, pub, nightclub or restaurant; and (ii) that has a valid VAT number.   

Loyalty points

  1. We will, from time to time and subject to availability, provide you with loyalty points for purchasing selected products from us. When we decide to offer loyalty points, we will include a voucher within our product packaging that confirms how many loyalty points we have allocated to the product purchase. The voucher will include a code which allows you to redeem the loyalty points through the Trade/Loyalty section of our website at www.funkincocktails.co.uk (“the Loyalty Page”). The voucher has an expiry date – after this date you will not be able to redeem the loyalty points and no replacement points or compensation will be given. We may also, from time to time, decide to credit your Trade Loyalty Account with loyalty points at our sole discretion.

  2. We will, from time to time and subject to availability, provide you with the option to redeem your loyalty points on the Loyalty Page. We will confirm which of our Funkin branded products and any non-Funkin branded products (“Third Party Products”) you can redeem your loyalty points against. We may, at our discretion, from time to time allow you to pay for purchases on the Loyalty Page partly by cash and partly by your loyalty points. You will be required to pay postage fees when you make purchases through the Loyalty Page.  

  3. We reserve the right, at any time, without notice to:

  • vary the loyalty points available, and the number of loyalty points required to redeem any particular products through the Loyalty Page;

  • cease to offer loyalty points and to allow you to redeem them; and

  • substitute or remove product ranges/services/offers available for redemption using loyalty points.

  1. Loyalty points cannot be exchanged for cash. However, we may from time to time provide you with the option to use loyalty points as an alternative to making cash payments on the Loyalty Page. We will notify you if this option becomes available. The cash equivalent rate for each loyalty point will be entirely at our discretion and may be varied at any time.

  2. Loyalty points and vouchers cannot be transferred from one person or Trade Loyalty Account to another.

  3. You will not be able to redeem any loyalty points whilst you are in breach of the terms of your Trade Loyalty Account or any other agreement you have with us. Where we believe that there has been a breach of the terms of your Trade Loyalty Account or any other agreement you have with us, we may withdraw your loyalty points and/or remove you from the Scheme without notice or compensation.

  4. We cannot be responsible for your loss of any loyalty vouchers you have received with your product purchases.  

  5. Products provided to you under the Scheme may only be used in connection with the IFT outlet in respect of which your Trade Loyalty Account was opened (the “IFT Outlet”). You may not use the products for your own personal benefit or for the commercial benefit of any other business.  

Returns

  1. We will accept returns and offer exchanges for defective Funkin branded goods provided to you through the Scheme, provided that:

  • You have inspected the products on delivery;

  • You have provided us with written notice of your claim for damage or non-conformance within three days of the delivery date;

  • You provide us with the right to inspect the products and remove samples for examination.  

  1. If we consider that your returns claim is valid, we will either:

  • Replace the defective products; or

  • Credit you with a refund of the loyalty points you had redeemed against the product.  

  1. We do not provide any warranties or guarantees about the quality or specification of any Third Party Products we provide to you through the Scheme. We do not accept returns or exchanges for any defective Third Party Products.

General

  1. Your membership of the Scheme starts when your Trade Loyalty Account is opened. It ends when your Trade Loyalty Account is closed or when we determine that the Scheme is no longer in operation.

  2. As soon as your employment for, or ownership of the IFT Outlet ends, your Trade Loyalty Account will be closed and any unredeemed loyalty vouchers and loyalty points will be for forfeited automatically.   

  3. We reserve the right to withdraw or cancel the Scheme at any time.

  4. We reserve the right to close your Trade Loyalty Account at our sole discretion at any time.

  5. We reserve the right to change the terms and conditions of the Scheme at any time. We will notify you of any changes by e-mail.

  6. All products featured in our marketing e-mails, on the Loyalty Page and any promotional materials we provide to you are subject to availability.

  7. We reserve the right to take any appropriate action where the Trade Loyalty Account holder has breached the Terms and Conditions of the Scheme.

  1. In the case of dispute, our decision shall be final.

  1. We will process your personal details in line with our privacy policy at https://www.funkincocktails.co.uk/privacy-policy. We will send you e-mails in relation to our administration of your participation in the Scheme. Separately, subject to your consent, we will send you marketing e-mails in relation to our products. You can opt-out of receiving marketing e-mails in relation to our products at any time by e-mailing marketing@funkin.co.uk.

  1. These terms and conditions are governed by the laws of England and Wales.

TERMS OF GOODS OF funkin Ltd.

1. DEFINITIONS

In this document, the following words have the following meanings:

1.1 "Purchaser" means the organization or person who purchases goods for sale;

1.2 "Goods" means the items intended for delivery to the buyer by the seller;

1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property around the world enforceable;

1.4 "Price" means the price list of goods held by the seller as amended from time to time;

1.5 "Seller" means Funkin Ltd, 122 Arlington Road, London, NW1 7HP

2. GENERAL

2.1 These General Conditions apply to all contracts for the sale of goods by the seller to the buyer to the exclusion of all other terms and conditions specified, offered or relied on by the buyer or by negotiation or at any stage in relations between the parties, including standard or printed terms presented by the purchaser, unless the purchaser expressly states in writing, separately of these terms, he wants the procedures to be applied and this has been recognized by the Seller in writing.

2.2 Any variation of these terms and conditions (including the terms and conditions agreed between the special parts) will be inapplicable unless agreed in writing by the Seller.

3. PRICE AND PAYMENT

3.1 The prize must be on the current list price of the seller, or such other price as the parties may agree in writing. Price is excluding VAT or other applicable costs. Transportation must be paid by the seller, unless otherwise agreed separately.

3.2 Payment of the price and VAT and all other applicable fees shall be paid within 30 days of the date of receipt of the invoice provided by the seller.

3.3 The seller is entitled to charge interest on overdue invoices from the date the payment is due from day to day until the date of payment at a rate of 8% per annum above the rate of the Bank Basic England.

3.4 If payment of the price or part of it is not made by the due date, the seller is entitled to:

3.4.1 require payment in advance of delivery in relation to any goods not delivered before;

3.4.2 refuse to make delivery of the undelivered goods if ordered under the contract or not and without any liability to the buyer in case of non-delivery or late delivery;

3.4.3 terminate the contract.

3.5 The Seller will charge the customer the day of dispatch and any price change works on dispatch, not the date of the orders were placed.

4. DESCRIPTION

Any description given or applied to the goods is given for identification purposes only and the use of such a description does not constitute a sale by description. To avoid any doubt, the Buyer hereby confirms that it does not in any way rely on any description in the contract.

5. SAMPLE

If a sample of the goods is shown and inspected by the Purchaser, the parties agree that such a sample is thus indicated and inspected the sole purpose of allowing the purchaser to judge for themselves the quality of essential , not so as to constitute a sample sale.

6. DELIVERY

6.1 Unless otherwise agreed in writing, delivery of the goods to take place at the address indicated by the Purchaser on the date indicated by the Seller.