Terms & Conditions
1-Purchase terms and conditions.
These present General Contract Conditions, hereinafter, GCC, regulate the purchase conditions of the distinct products offered on the website, www.funkyinsole.com, and located in Nicosia, Cyprus.
Users who make purchases at www.funkyinsole.com fully accept these present GCC terms and will be legally bound by them, as they have been drafted at the time of consent. As a prerequisite of the purchase of any product via www.funkyinsole.com, you must read and accept the GCC terms.
The GCC will remain available at all times from this website, so all users can consult or print them out at any time they see fit. Only those over the age of 18 years old and with sufficient legal capacity to enter into binding contracts may purchase products at www.funkyinsole.com.
By placing a purchase via this website, you guarantee that you are over the age 18 years old, and that you have the legal capacity to enter into binding agreements.
2- Purchase procedure.
The purchase process is simple, whether it is the first time you buy at www.funkyinsole.com, or if you have previously purchased, since no previous registration is required.
1) SELECT: select the desired product, which will be followed by a detailed description of said product, as well as its price.
By clicking “Add to Cart”, the item will be incorporated into the shopping cart.
2) BUY: Once all desired items are in your shopping cart, the next step will be to process the order. To do so:
Click the "Cart” icon on the upper, right hand side of the page
Click on the “Check out” button
Fill out or verify contact information, the details of your order, the address to which you want to receive your order, as well as the address to which the invoice must be sent
Click on the "Complete Order" button
For now, payment options are limited to just Cash on Delivery. This means that users who checkout will be expected to pay by cash at the time of delivery or pick up from ACS courier.
At this time no other payment options are offered when purchasing from our website.
3) PAYMENT: Cash on
Delivery.
After finalizing your purchase, you will receive an e-mail acknowledging the receipt of your order (the "Order Confirmation"), and specifying all the details of your order, for example: the method of payment chosen. If you observe an error in the address indicated, or any other details, you must immediately give notification via e-mail at support@funkyinsole.com or send us a private messgae on our Instagram page (@funkyinsole) enabling the procedure to correct the error.
3-Payment methods
Cash on Delivery
Customers have the option to pay by cash pay directly to the courier upon arrival of their order.
4-Product availability.
All product orders are subject to availability, and in this regard, if difficulties arise in terms of their supply, or if no items are in stock, we hereby reserve the right to provide You with information regarding substitute products that are of similar or superior quality and price that you may order. Should you not wish to order any of these substitute products, we will refund any amount that You may have paid.
5-Refusal to process an order.
We hereby reserve the right to withdraw any product from this website at any time and/or delete or modify any material or content on it. Although we will always do our best to process all orders, there may be exceptional circumstances that oblige us to reject the processing of an order after having sent the Order Confirmation Said exceptional circumstances are as follows:
Orders that are considered fraudulent due to well-founded evidence and proof provided by our security department. At FUNKY INSOLE, we take the fair and just participation of our clients in raffles and purchases of exclusive releases very seriously, thus we reserve the right to cancel those orders we consider fraudulent.
Attacks that occur on our website, or abuses in the form of the hiring or utilization of automated tools, which aggravate our website and create confusion due to the fact they are not a real consumer or prevent the proper functioning of our sales and operations.
Any operation in which practices are observed that are contrary to our sales policy that artificially attempt and/or facilitate attacks on our website affecting the ability to manage orders and allow for the conclusion of sales.
We reserve the right to reject any transaction, regardless of its processing status, in which any of the above exceptional circumstances is noted, and in general, in all those operations whose practices are observed contrary to our sales policy and/or conditions of the website. In all these cases, we will not be liable to you or any third party for the withdrawal of any product from this website, regardless of whether this product has been sold or not, the deletion or modification of any material or content on the website, or our refusal to process an order after having already sent the Order Confirmation. If any of these fraudulent purchases, puts the Online platform at risk or causes technical problems, FUNKY INSOLE will take legal action against those who provoke this type of attack, either as the main intention, or as a consequence of the purchase of products in an automated way, either from the same or multiple IP’s.
6-Transfer of risks and ownership.
Product risks will be your responsibility upon delivery.
You will acquire ownership of the products once we receive full payment of all amounts due in connection to them, including shipping costs, or upon delivery (according to the definition in Clause 7), if this were to take place afterwards.
7-Delivery costs and times.
We ship to all locations specified in the section “Orders & Shipping”:
https://www.funkyinsole.com/pages/orders-shipping.
Delivery times
Unless extraordinary circumstances happen, we will attempt to fulfill your order with the product(s) listed in the Shipping Confirmation prior to the delivery date set out on the Shipping Confirmation or, if no delivery date is specified, within 15 days from the Shipping Confirmation date.
Delays may occur due to the following reasons:
Unforeseen circumstances; or
Delivery area;
If, for any reason, we are unable to meet the delivery date, we will notify you of this and we will give you the option of going ahead with the purchase and setting a new delivery date, or cancelling the order with a full refund of the amount paid. In any case, bear in mind that we do not deliver on Saturdays or Sundays.
For the purpose of these Terms and Conditions, "delivery” will be understood to have occurred or the product(s) will have been "delivered" upon signing the receipt for it at the agreed delivery address.
Courier company
The delivery of orders may be realized via different courier companies, dependent on the destination address of the product and indicated by the customer at the time of confirmation of the order.
If, at the time of collection/delivery you are not present at the address indicated, wherever possible, the courier Company may leave you a notice, so you can contact them, and arrange a new date and time for delivery.
Receipt of the order
If during the delivery and before having opened the package or manipulated the product, the client sees obvious signs of damages caused by the courier or manufacturing defects of the product itself, he should first mention it on the waybill and notify FUNKY INSOLE the soonest possible after the reception by e-mail: support@funkyinsole.com. We recommend that the client proceeds within 7 working days since the reception, to be able to easily follow up on the return of the product/s in question, on their substitution for new ones in good conditions or on their full refund, according to what he might specify in his request
(See section "Returns & Refunds").
8- Warranty.
All products offered at www.funkyinsole.com come with a guarantee indicated by the manufacturer, and according to what is established in the current legislation. Certain pieces or products, may have a longer warranty period depending on the manufacturer, in which case it will be indicated in product characteristics. Likewise, products which were released earlier might have a shorter, or expired warranty.
The guarantee does not cover those defects or damages caused by the misuse, incorrect handling, or general wear and tear of the object.
9- Customer Service Department.
At your disposal, FUNKY INSOLE has a Customer Service Department, where you will be personally attended to with any questions you may have. You can contact them via:
Telephone: +357 99 957700 (Cyprus)
E-mail at support@funkyinsole.com
10- Online conflict resolution.
In compliance with the provisions established in Article 14.1 of Regulation (EU) 524/2013 of the
European Parliament and the Council of May 21, 2013, in the event that the buyer has the status of consumer, we inform you of the existence of an extrajudicial online dispute resolution platform made available by the European Commission, available at : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage and through with consumers will be able to submit their claims.
Alternative dispute resolution
In the unlikely event that a dispute arises between the parties to this contract, it is hereby agreed that first recourse will be the resolution of said dispute via mediation.
11- Returns and exchanges; right to withdraw.
Returns
In cases where the product is defective, or damaged, or You consider that, upon its delivery, the product does not match what was stipulated in the Contract, you must contact us immediately through our contact form or through your customer account, by providing the product details as well as a description of the damage found and any evidence in support of that, or by calling our Customer Service team, who will then tell you how to proceed.
The amounts paid for products that have been returned due to any damage or defect—when there is found to be any—will be refunded in full, including the shipping costs incurred in delivering the item, as well as the costs incurred in returning the defective product.
The refund will be made using the same payment method used to pay for the purchase.
Funky Insole reserves the right to decide the return method and its arrangement and is liable to cover shipping costs deriving from the return of the product back to it.
In the event of a return and/or refund, Funky Insole limits liability to the full amount of the product purchase, including all reasonable return shipping costs that can be evidenced by way of a receipt where the return method is decided and arranged by the consumer. The full amount of the product purchase does not include any other products purchased as part of one order which were not declared and agreed for a return/refund by the method agreed in these Terms and Conditions.
The return and/or refund policy is available to the consumer subject to any evidence by Funky Insole upon return of the product, that said product has been worn, damaged, caused to be defective from the time of delivery up to the time of return.
When requesting a return and/or refund, the client should consider that we proceed to a careful examination of the product to make sure that it has not been worn, misused, that the sole does not present stains, that the colour has not been washed out, that it does not present any residues of fluffs (whether they come from socks or from animals) and that it has not suffered damages from external causes. The same applies if the original box has been damaged (if it presents handwriting, tapes, stickers, adhesives or if the label has been manipulated). If the product comes with any accessories, labels and promotional material, they should figure inside the box when returning it.
In the event of a wrongful return, there will not be an issuance of a refund and the customer will be liable for any shipping costs incurred during the return process as well as any shipping costs for the delivery of the item back to the consumer.
Time of refund
The refund will be made once we have received the product and verify that its current condition is not by fault of the consumer, and in no later than 14 working days from the date on which the product was received on our premises.
The above is subject to any procedure that is to be undertaken by Funky Insole with the relevant shipping company to determine the issue of return.
The refund will always be made using the same payment method used to pay for the purchase.
Funky insole does not accept returns, exchanges and/or refunds for any reason other than those specifically stated in the “Returns & Refunds” section.
The only way for Funky Insole to ensure that the product is never worn, tried-on and that it meets the “deadstock” condition is to have the product sealed in our offices or warehouse at all times prior to any sale, excluding the time needed prior to Funky Insole acquiring a product in our offices from the manufacturer, retailer or any other party who previously owned the product.
Withdraw from a purchase.
The consumer and user has no right to withdraw from the Contract or cancel a purchase.
12- Personal data protection.
In accordance with the established Organic Law 15/1999 of the Personal Data Protection Law, we inform you that the information you voluntarily provide us when making any purchase will become part of directory owned by Funky Insole in order to manage your purchase, shipping, post-sales service, and customer service. In addition, we will periodically send you information about offers on our products.
You can exercise the rights of Access, rectification, cancellation, and opposition at any time, by email to support@funkyinsole.com specifying in the subject "GDPR Reference".
We would appreciate you maintain your personal information updated, so that Funky Insole can fulfil its obligation to keep them accurate and updated.
The user agrees to provide accurate and relative data to their person, assuming any type of responsibility in regards to the inaccuracy of the data and/or manipulation of data relating to third parties, as Funky Insole presumes that the data has been provided by the true owner, and that they are accurate and true.
13- Written communications.
Legislation in force requires that some of the information or communications that we send you be in writing. By using this website, you hereby agree to most of the communications with us being done electronically. We will contact you by e-mail or we will provide you with information by posting notifications on this website. For contractual purposes, you hereby consent to using this electronic form of communication and acknowledge that all contracts, notifications, information, and other communications that we send you electronically comply with the legal requirements of being done in writing. This does not affect your statutory rights.
Notifications
We can send You communications by e-mail and/ or Facebook Messenger .
Notifications will be understood to have been received and properly made 24 hours after having sent an e-mail or text. To prove that notification was sent, it will be enough to prove, for an e-mail, that it was sent to the e-mail address provided by the recipient, and for a text that it was sent and delivered to the customer.
14-Assignment of rights and obligations.
The Contract between you and us is binding for both you and us, as well as for our respective successors, transferees, and beneficiaries.
You may not transfer, assign, charge, or otherwise dispose of a Contract or any of the rights or obligations arising under it in your favour or for You, without our prior written consent.
We may transfer, assign, charge, subcontract, or otherwise transfer a Contract or any of the rights or obligations arising under it on our behalf or for us, at any time during the term of the Contract.
For the avoidance of any doubt, these transfers, assignments, charges, or other transfers will not affect your statutory rights as a consumer recognized by law, nor will they cancel, reduce, or limit in any way the express and implied warranties that we may have granted.
15-Events beyond our control.
We will not be liable for any failure or delay in the performance of any of the obligations assumed under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure").
Force Majeure includes any act, event, lack of performance, omission, or accident that is beyond our reasonable control and particularly includes (without limitation) the following:
Strikes, lockouts or other industrial action, Civil commotion, riot, invasion, terrorist attack or terrorism threat, street disturbances, protests and social-political grievances, war (whether declared or not), or war threat or preparations, fire, explosion, storm, flood, earthquake, collapse, epidemic, or any other natural disaster, inability to use trains, ships, airplanes, motor transport or other means of transport, whether public or private, inability to use public or private telecommunication systems, acts, decrees, legislation, regulations, or restrictions of other governments, strike, failures or accidents of maritime or river transport, postal, or any other means of transport.
Our obligation to perform by virtue of any Contract will be understood as suspended during the period in which Force Majeure continues, and we will get a deadline extension during which to perform our obligation while such period lasts. We will use all reasonable means to put an end to the Force Majeure situation or to find a solution through which we will be able to perform our obligations by virtue of the Contract in spite of Force Majeure.
16-Waiver.
If, during the validity of a Contract, we were to cease strict performance of any of the obligations assumed by virtue of it or of any of these Terms and Conditions, or if we were to cease exercising any of the rights
or resources to which we were entitled to exercise or lodge by virtue of such Contract or these Terms and Conditions, this fact will not be construed as a waiver of these rights or resources, nor will it exempt you from performing such obligations.
The waivers that we make to demand performance will not be construed as a waiver by us to demand subsequent performance.
No waiver by us to any of these Terms and Conditions will take effect, unless expressly stipulated
as such and duly notifying you in writing in accordance with the provisions in the preceding section on “Written communications”.
17-Severability.
If any of these Terms and Conditions or any of the provisions of a Contract were to be declared invalid, illegal, or unenforceable to some extent by the competent authority, the remaining terms and conditions and provisions will nevertheless continue to be valid and enforceable to the extent permitted by law.
18- Integrity of the Contract.
These Terms and Conditions and any document expressly referred to in them constitute the entire agreement between You and us in connection to the subject of the Contract and supersede all prior understandings, agreements, or promises agreed on between You and us, whether verbal or written.
Both parties hereby acknowledge having accepted to enter into this Contract without having relied on any representation or promise made by the other party or which may be inferred from any representation or writing in any negotiations between the two prior to this Contract, except what is expressly stated in these Terms and Conditions.
Neither of the parties will have any recourse against any false representation made by the other party, whether verbal or written, prior to the Contract date (unless such false representation was made fraudulently) and the only recourse available to the other party will be the breach of contract in accordance with the provisions of these Terms and Conditions.
19-Jurisdiction.
These present GCC terms are governed by Cypriot law.
To resolve any controversy or conflict arising from the purchase of products at www.funkyinsole.com, both parties agree to submit to the courts or tribunals of Nicosia, waiving any jurisdiction to which both parties may be entitled.