CONDITIONS TERMS AND CONDITIONS OF SALE

 

1 - Purpose

The purpose of these general terms and conditions of sale is to define the contractual relationship between

- Funky Frames SA located at Rue du Rhône 114 - 1204 Geneva - Switzerland, company registered in the Geneva Trade Register under number CH-660.0.412.996-6 and publisher of the website www.funkyframes.com

- and any individual or legal entity wishing to make a purchase via the Funky Frames SA website, hereinafter referred to as the Customer.

The purchase of goods via this site implies unreserved acceptance by the Customer of these general terms and conditions of sale.

Funky Frames SA reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the Customer.

2 - Characteristics of the goods on offer

The products sold are those listed in the catalogue published on the Funky Frames SA website. These products are available for sale while stocks last. The characteristics of the products as well as the photos visible on the site are given only as an indication. The photographs in the catalogue are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly with regard to colours, and cannot be considered contractually binding. If a product is unavailable, we will inform you as soon as possible.

3 - Rates

The prices shown in the catalogue are inclusive of VAT in CHF or EUR, depending on the customer's country of residence, and include VAT applicable on the day of the order; any change in the rate may be reflected in the price of the products. Funky Frames SA reserves the right to modify its prices at any time and without notice, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only price applicable to the Customer. Funky Frames SA reserves the right not to deliver products with incorrect prices, but undertakes to inform its customers of any price difference and will offer alternative products. Funky Frames SA may carry out sales or promotions on its catalogue. These offers are only valid during the period of publication on the site and cannot be requested retroactively.

Vouchers or discounts distributed on the site or via partners or partner sites are only valid under the conditions set out in the offer. These vouchers or discounts can only be used when ordering and must be used in the field provided for this purpose. Under no circumstances may a voucher or discount be applied retroactively.

In this case, delivery charges will be added to the product prices and will be displayed in the "basket" section. Delivery charges are calculated according to the weight and volume of the order and the delivery address.

4 - Orders and conclusion of the sale

Customers wishing to purchase a product on the Funky Frames SA site must go through the various stages of the purchasing process (summary of the products chosen and placed in the basket, identification, choice of address and delivery method, choice of payment method and payment in accordance with the conditions laid down). Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement that you are fully aware of them and waiver of your right to invoke your own terms and conditions of purchase or any other terms and conditions. All the data supplied and the recorded confirmation will be deemed proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. Funky Frames SA will communicate the details of the registered order by e-mail.

The price of purchases made on the www.funkyframes.com website is due at the time of the order, without discount; payment is made by credit card (Visa or Mastercard) through Paypal, Stripe or any other payment method accepted by the website at the time of the transaction.

Funky Frames SA does not have access to confidential information relating to the means of payment. The information entered is encrypted and managed by Paypal, Stripe or Twint in a secure manner without Funky Frames SA or third parties being able to access it.

5 - Deliveries

Deliveries are made to the delivery address indicated by the customer during the ordering process.

Funky Frames SA delivers to all countries served by its carrier, but reserves the right to use other recognised service providers. Please contact us if you have a special delivery request.

The amount of the delivery charge is indicated in the "basket" section and is subject to the Customer's approval before each order is validated; the amount may vary depending on the value of your order, the weight of your parcel and/or the country of delivery.

• 5.1. Delivery charges

As a general rule, Funky Frames SA will cover part of the shipping costs so that the Customer does not have to bear the entire cost.

Deliveries to countries outside the European Union are made on a DDU (Delivery Duty Unpaid) basis. The VAT of the place of production, i.e. France, may be deducted from the purchase price, but the recipient must pay the carrier the import taxes (VAT of the recipient country), as well as all costs and customs duties relating to the order and which will be requested at the time of delivery.

• 5.2. Delivery times

Delivery times apply once payment has been registered with our accounts department, and the parcel has been prepared and handed over to our delivery service provider, for products in stock. As a general rule, for products that are not in stock, an approximate delivery time of 15 working days must be added, corresponding to the average production time for Funky Frames paintings. Shipment takes place when all items in an order are in stock.

Delivery times for products in stock are as follows:

 - 5 to 7 working days for Switzerland and the European Union.

Funky Frames SA undertakes to inform the Customer of any delay in delivery but cannot be held liable for any compensation in this respect.

• 5.3. Terms of delivery

In the event of damage during transport, a justified complaint must be made within three days of delivery. The Customer must contact Funky Frames SA Customer Service by e-mail for any complaint (info@funkyframes.com).

The claim must be accompanied by photos of the damage and the damaged part(s).

6 - Guarantees in the event of defects and withdrawal

• 6.1 Commercial guarantees

Funky Frames guarantees that the products comply with their intended use and do not have any hidden defects or faults making them dangerous or unsuitable for their normal use. Funky Frames reminds the Customer that Funky Frames paintings are decorative objects only and are not toys. The illustration and particularly the part outside the frame are very fragile and any improper handling, particularly by a child, could render it unusable.

• 6.2 Legal guarantees

In the event of non-conformity of a product sold, Funky Frames SA's guarantee is limited to returning the product and exchanging or refunding all or part of the product, provided that the Customer complies with the conditions and deadlines indicated in the following paragraph.

Regardless of the product's non-conformity, the Customer, a non-professional individual, benefits from a 14-day retraction period starting from the delivery of his/her order to return the product to Funky Frames SA for exchange or reimbursement.

The painting must be returned in its original packaging and must not have been hung or used. Paintings with personalised annotations (special orders) cannot be returned.

Returns of orders are at the Customer's expense.

The Customer must enclose the product, the number of the order concerned by the return, the description of the product(s) concerned by the return, as well as a request for exchange or refund.

The return address is as follows

Funky Frames SA, 114 Rue du Rhône, 1204 Geneva - Switzerland

Refunds will be made within 15 days of registration of your return.

Orders placed on the Funky Frames website cannot be returned or exchanged in partner shops. 

7 - Guarantees and liability

Funky Frames SA has taken every precaution to ensure the reliability of the information and secure access to its www.funkyframes.com website.

However, Funky Frames SA cannot, under any circumstances, guarantee the total absence of material errors, technical deficiencies or other involuntary problems.

Similarly, no guarantee can be given as to the compatibility of the site with your particular needs and uses.

Funky Frames SA cannot be held responsible for any damage whatsoever arising from the use of its site, and accepts no responsibility for information contained on other sites that may be linked to its own by a hypertext link or any other means.

8 - Intellectual property rights

All data of any kind whatsoever, and in particular text, graphics, logos, icons, images, audio or video clips, trademarks and software appearing on the Site, are necessarily protected by copyright, trademark law and all other intellectual property rights.

Funky Frames SA, in its capacity as publisher of the Site, grants the User a private, non-collective and non-exclusive right to use said content.

Under these conditions, the User undertakes not to reproduce, summarise, modify, alter or redistribute, without the express prior authorisation of the publisher, any text, title, application, software, logo, trademark, information or illustration, other than for strictly private use, which excludes any representation for professional purposes or redistribution in large numbers.

Similarly, the User undertakes not to copy all or part of the Site onto another site or an internal company network. Funky Frames SA cannot be held responsible for the use made by Users of the data accessible on the Site.

Any creation of a hypertext link from a website to the Site must be expressly authorised by Funky Frames SA.

9 - Protection of personal data

All customer data is treated as strictly confidential and Funky Frames SA undertakes to comply with the rules of ethics issued by the ASVPC as well as current legislation, particularly with regard to data protection.

We only use your details to process your order. Once your order has been registered, the email address you provide will only be used to inform you of new sales. You can unsubscribe at any time. Funky Frames SA undertakes not to pass on your personal details to third parties for commercial purposes. 

To make your visit more interactive and to facilitate the use of certain functions, we use cookies. These are text files that are placed on your hard drive. Most of our cookies are deleted from your hard drive at the end of your visit (temporary/session cookies, etc.). The other cookies remaining on your computer will enable our site to recognise you the next time you visit (permanent cookies). Under no circumstances may our partners be authorised to determine, process or use your personal data via cookies.

Your data will be stored by Funky Frames SA. In accordance with the Federal Data Protection Act, you have the right to object to the processing of your personal data and to withdraw your consent at any time by contacting our customer service department ([email protected]).

10 - Terms and conditions of use of the site

The use of the www.funkyframes.com website is authorised for private use only. Any commercial use, in particular for the purpose of reselling products purchased on the site to third parties, is prohibited.

Any breach of this obligation will be penalised. We reserve the right to claim damages.

11 - Applicable law and place of jurisdiction

The relationship between Funky Frames SA and the Customer is governed by Swiss law.

For any dispute relating to relations between Funky Frames SA and the Customer, the place of jurisdiction is the registered office of Funky Frames SA.