1.1- These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.funky curator.com and related pages, (the “Website”). The agreement is concluded between you and The Funky Curator . Detailed contact information and other information about The Funky Curator are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
1.2 – The Customer must be minimum 18 years old to order via the Website. The Funky Curator does not accept any credit purchases by persons below 18 years of age. The Funky Curator reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
1.3 – The Funky Curator shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. The Funky Curator is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, The Funky Curator will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to The Funky Curator continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance of the product. The Funky Curator is not responsible for any information by third parties provided for on the Website.
1.4 – The Website and all its content is owned by The Funky Curator or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of The Funky Curator.
2.2 – A purchase agreement is concluded when The Funky Curator has confirmed the Customer’s order and the Customer has received an order confirmation from The Funky Curator via e-mail. The Customer is entitled to cancel their order up until it has been confirmed by The Funky Curator. If the order is cancelled, The Funky Curator will refund any payments the Customer or their pay- or credit card company has made with regard to the order.
3. CUSTOMER INFORMATION ETC.
3.2 – The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose their username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify The Funky Curator without delay if it may be suspected that any unauthorised person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customer’s log-in details if the Customer has not provided such notification.
3.3 – If The Funky Curator suspects that the Customer abuses their user account or their log-in details or otherwise violates the General Conditions, The Funky Curator is entitled to block the Customer’s access to their user account. Furthermore, The Funky Curator is entitled to assign new log-in details to the Customer.
4. PRICES, FEES AND PAYMENT
4.1 – The prices stated on the Website apply to orders placed on the Website. All prices are presented in swiss francs and include VAT. The prices do not include shipping fees, or Vat and customs charges if the order was placed outside Switzerland.
4.2 – The Customer can pay for their purchase in the manner specified on the Website. Read more about our different payment options on the Website here. The Funky Curator is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by The Funky Curator. Upon invoicing or partial payment, The Funky Curator or its partners may obtain a third party credit report. In such a case, you will be informed accordingly. The Funky Curator reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the Website.
5. SPECIAL OFFERS
The Funky Curator may from time to time provide special offers on the Website which may have more favourable conditions than those set forth in these General Conditions, e.g. with regard to payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by The Funky Curator in connection therewith. The Funky Curator reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and until products are sold out.
6. GIFT CARD
Gift cards sold by The Funky Curator are valid for two (2) years from the date of issue and can be redeemed in The Funky Curator’s web shop. After the expiry date, the card cannot be used as payment or reactivated, nor can any remaining value be reimbursed. Your gift card constitutes legal tender at The Funky Curator and must be stored securely. Gift cards cannot be exchanged for cash. Lost or stolen cards will not be replaced.
7. DELIVERY AND SHIPPING
7.1 – Products are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after The Funky Curator has confirmed the order in writing through the order confirmation. Further information about The Funky Curator’s delivery of products and the conditions for delivery are set forth here.
8. RIGHT OF WITHDRAWAL
8.1 – When purchasing products on the Website, the Customer has a 14-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying The Funky Curator accordingly within 14 days from when the Customer or their representative received the product ordered (withdrawal period). Unfortunately, we cannot offer the right of return or exchange on personalised prints that have been personalised and printed to order.
8.2 – If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to The Funky Curator in the manner set forth here. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.
8.3 – If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when The Funky Curator was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to The Funky Curator in accordance with the methods and directions set forth on the Website which you can find here.
8.4 – When the Customer withdraws their purchase, The Funky Curator will refund the amount the Customer has paid for the product, not including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by The Funky Curator are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. The Funky Curator is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
8.5 – The Funky Curator will pay back the amount without undue delay, however, no later than within 14 days from the date The Funky Curator received the Customer notification of withdrawal. However, The Funky Curator may delay repayment until The Funky Curator has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
9. WARRANTY AND COMPLAINTS
9.1 – Some of The Funky Curator’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.
9.2 – The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact The Funky Curator, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within one months of the time the defect was discovered are always considered to have been made in a timely manner.
9.3 – The Funky Curator will assume the cost for the return freight for any approved complaints.
9.4 – Once a product, for which a complaint has been filed, is returned and the complaint approved, The Funky Curator will refund the Customer in compliance with applicable consumer protection legislation. The Funky Curator strives to do so within 14 days from receipt of the complaint by The Funky Curator, but it may be delayed depending on the nature of the product. The Funky Curator reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
11. FORCE MAJEURE
The Funky Curator is not liable for any delays caused by circumstances beyond The Funky Curator’s control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, The Funky Curator shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and The Funky Curator are entitled to terminate the purchase with immediate effect.
12. CHANGES TO THE GENERAL CONDITIONS
The Funky Curator reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after The Funky Curator has informed the Customer of the changes. However, The Funky Curator recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.