Terms and Conditions

These terms and conditions govern your use of the Funky Leisure website. Please read these terms in full before you use this website. If you do not accept these terms and conditions, please do not use this website. Your continued use of this website confirms your acceptance of these terms.

Website access

1.1 It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible only if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Visitor provided material

1.4 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.5 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.6 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.5.

Links to and from other websites

1.7 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.8 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.9 By linking to this website in breach of clause 1.8 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.10 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.

1.11 All material contained on this website is provided without any or warranty of any kind. You use the material on this website at your own discretion.

1.12 The information contained within this website is for informational purposes only and does not constitute advice.  You should not rely on any of the content to make any decision or action which may result in injury to yourself or a third party.  We do not accept liability of any description, including negligence, for any damages or losses resulting from the use of information contained within this website.

1.13 The information provided on this website is for the purposes of marketing and does not constitute definitive advice.  We are not responsible or liable for any error, omission, consequence, loss or damage arising from its use.

1.14 Funky Leisure cannot be held responsible for any damages or injury arising from the use of products purchased from us.  Responsibility lies with the customer/end user to make sure equipment is suitable for the activity, carry out risk assessments and ensure conditions are appropriate for use

Exclusion of liability

1.15 We do not accept liability for any loss or damage that you suffer as a result of using this website.

1.16 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Placing an order

2.1 All our products are held at our premises in Ashbourne ready for dispatch.  If stock levels drop to zero our system will automatically display the message ‘Sorry, this item is out of stock’ and will not allow purchase.

Secure Checkout

2.2 We do not store any cardholder information. Our checkout uses 128-bit encryption to connect to our payment gateway to keep your details safe. SagePay provides a 100% secure link between our site and the bank ensuring that all our customers' card details are kept secure throughout the transaction process.

2.3 We operate under MasterCard SecureCode, Verified by Visa and fully comply with Payment Card Industry (PCI) Data Security Standards.

Instant Finance

2.4 We offer instant finance deals through V12, who have a selection of packages tailored specifically with the customer in mind. Just a few minutes giving the required details and you could have an instant decision on your required finance.

V12 Finance cannot be used in conjuntion with price match or discount code offers.

We offer 0% finance up to 12month repayment periods on orders over £350.00 - please read the representative examples below and apply at checkout.

Example: Representative example: Cash price: £1000. Deposit: £100. Rate of interest: 0%. Representative APR:0%. Total amount of credit: £900. Duration of agreement: 12 months. Monthly repayment amount: £75. Total amount payable: £900. Terms and conditions apply.

V12 Retail Finance is owned by Secure Trust Bank PLC. Registered in England and Wales 541132. Registered Office: One Arleston Way, Solihull, B90 4LH. Authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority.

Funky Leisure acts as a credit intermediary and only introduces Secure Trust Bank PLC.

Order Confirmation

2.5 Once you have placed an order with us, you will receive a confirmation email and another when your order has been dispatched. In the unlikely event that there is an issue with any part of your order, we will contact you as soon as possible so please ensure your contact details are correct.

Shipping

3.1 To calculate the correct delivery charge, please ensure you choose the relevant delivery area applicable to your address from the drop-down menu.

3.2 If the delivery address is a business, please include the company name. Incorrect delivery information could cause delays or incur return to sender costs which will have to be paid by the customer.

3.3 Orders received before 1pm Monday to Friday (excluding Bank Holidays) are processed and despatched the same day. Orders placed after 1pm Monday to Friday and orders placed over the weekend or on Public Holidays will be despatched on the next working day.

3.4 Couriers and Royal Mail collect from our warehouse on weekdays only at set times in the afternoon – therefore orders cannot be despatched on Saturdays, Sundays or Bank Holidays.

Free Next Day Delivery

3.5 Free Next Day delivery on orders over £75 applies to UK mainland only and excludes European and Worldwide deliveries.  Order values over £75 going to UK Offshore Isles, Highlands and Northern Ireland addresses are not guaranteed to arrive the next day but are delivered faster than the standard service.

3.6 Lighter orders (under 1.5kg) are sent out via Royal Mail 1st Class or Royal Mail Tracked. Heavier orders (over 1.5/2kg) are sent via 48 hour courier service (signature required).

Next Working Day, Next Working Day before 10am, Saturday and Sunday

Due to Covid-19 safety protocols at Royal Mail and courier distribution hubs there could be some slight delays with deliveries and although their Next Working Day services are still prioritised, they have suspended their guarantees. Consequently, should there be any delay with delivery, unfortunately we will not be able to refund the difference paid for these services.

3.7 All Next Working Day, Next Working Day before 10am, Saturday and Sunday orders are sent out via Royal Mail Special Delivery or courier and will require someone to sign for them. Orders need to be placed before 1pm Monday to Friday. Next Working Day orders placed before 1pm on a Friday will arrive the following Monday or Tuesday if it's a Bank Holiday. Orders placed on Saturdays, Sundays or Bank Holidays will be despatched on the following working day - Mondays to Fridays except Bank Holidays.

3.8 Some oversize items like awning rails cannot be processed by our courier as quickly as standard parcels – they are too large for conveyer belts and require manual handling. Consequently, although a Next Day Delivery service will be prioritised, it is not guaranteed to arrive Next Day. Unfortunately, there is a surcharge for Offshore Isles, Highlands and Northern Ireland.

3.9 Next Day services are not available to Northern Ireland, Offshore Islands, Scottish Isles and Highlands including some HS, IV, KA, KW, PA, PH, PO and ZE postcodes, although if chosen these orders will generally be delivered faster.

UK Offshore Isles, Highlands and Northern Ireland

3.10 Orders weighing below 2kg are sent via Royal Mail 1st Class Post, with the same delivery charges as the rest of the UK. However, higher value orders (where increased insurance is necessary) and heavier orders weighing over 2kg have to be sent via courier service and as with all of our other delivery charges this is charged at cost price.  We automatically apply a £6.99 discount to the £11.99 courier cost for orders over £75.

Europe

3.11

European orders below 2kg are shipped via Royal Mail Airmail Small Packets - please allow 3 to 5 working days for delivery.

3.12 Some lengthier items like telescopic flagpoles may incur an oversize item surcharge which will vary depending on destination country.

3.13 European orders over 2kg are shipped via courier - please allow 4 to 5 working days for delivery.

Worldwide

3.14 Orders below 2kg are shipped via Royal Mail Airmail Small Packets - please allow 5 to 7 working days for delivery.

3.15 For heavier orders weighing over 2kg once you have placed your order we will find the most competitive courier price based on destination, weight and size of package and email the cost to you for confirmation – you are under no obligation to buy but we will not dispatch until the shipping charge has been paid.

3.16 Some lengthier items like telescopic flagpoles may incur an oversize item surcharge which will vary depending on destination country – we will email a request for an additional payment and your order will be dispatched upon confirmation and payment.

3.17 Worldwide orders over 2kg are shipped via courier - please allow 3 to 5 working days for delivery.

BFPO Address

3.18 For lighter orders below 2kg going to a BFPO address please choose Standard UK from the drop-down menu when ordering. Unfortunately, we cannot send packages over 2kg to BFPO addresses.

Import Duty

3.19 If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when they reach the specified delivery destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

3.20 Please also note that you must comply with all applicable laws and regulation for the country for which the Products are destined. We will not be liable for any breach by you of any such laws

Redelivery Charges

3.21 All next day services and orders over 1.25kg in weight or £50 total cost will need to be signed for, if the postman/courier are unable to obtain a signature or fit a parcel through your letterbox a card will be left for you to contact your local post office/sorting office/courier depot to collect or organise redelivery (chargeable). Couriers will not deliver to PO Box addresses.

3.22 If you do not contact your post office/sorting office/courier depot within the time specified your parcel will be returned to us, which will mean two charges – the cost of the original delivery plus the same charge to return the parcel to Funky Leisure.  Please note: these charges (plus a 10% handling fee applied at our discretion) will be passed on to you (the customer) even if you were originally eligible for free delivery. If you still require your items, unfortunately, we will also have to charge for another delivery before we can send them out.

Delays

4.1 Delays caused by break-down, adverse weather conditions, flood, fire, sporting events, riot, act of terrorism, trade dispute, accident, epidemic, pandemic or any other major incident is out of our control.  We cannot refund any delivery charges for delays under these circumstances.

4.2 We shall not be liable for any loss or damage which may be suffered by the buyer as a direct or indirect result of the supply of the goods by the Seller being prevented hindered delayed or rendered uneconomic by reason of any circumstances.

Cancellations returns and refunds

5.1 Under the Distance Selling Regulations you have the right to cancel your order for any item purchased on our website and claim a full refund of the price paid for the goods. 

5.2 Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

5.3 To cancel your order you must notify us in writing via email/post within 14 days following the day of delivery. 

5.4 While you are in possession of the goods you are under the duty to retain them and take reasonable care of them. We will confirm your cancellation and send you a returns number and instructions via email - the goods must then be returned in an unused and re-saleable condition i.e. with plastic bags, hang tags etc. intact within thirty [30] days of order date.

5.5 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

5.6 Once you have notified us that you wish to cancel the order, any sum debited to us will be refunded to you as soon as possible and in any event within 14 days of your cancellation.

5.7 You will not have any right to cancel an order for the supply of custom goods that are made to the customer's specification
5.7 You are responsible for the cost of safe carriage back to us - unfortunately, premium delivery charges cannot be refunded.

Damaged Goods

6.1 When you receive your goods please check them for damage and notify us in writing via email/post within five [5] working days following the day of delivery.  We will send you an email with returns number and details of how to return.

Items Not Received/Lost in Post

7.1 Heavier orders over 1.5kg are sent via courier and are trackable so please check the email address you left at time of purchase as you will have been sent an email with tracking details when your order was dispatched.

7.2 If there is no one available to accept smaller parcels that will not fit through your letterbox or higher value items over £50 that need a signature, a card will be left for you to contact your local post office/sorting office.  Postmen are obliged to leave this card so please check with other people within your household who may have put it somewhere safe.

7.3 on the rare occasion that an order or card has still not been received within the expected timeframe Royal Mail state that we must wait 15 working days for UK delivery, 20 working days for EU delivery and 25 working days for the rest of the world before we can make a claim for the lost parcel.

7.4 Unfortunately, we cannot send a replacement or offer a refund until this time period has elapsed as many times the original item will turn up.

7.5 If your order has still not been received after this period, please send an email to sales@funkyleisure.co.uk and we will put in a claim.  You will then receive a non-receipt confirmation form from Royal Mail which you will need to fill in - we can then either send out a replacement item or refund you. Please note: all non-receipt claims will need to be received within 8 weeks of dispatch confirmation.

7.6 If you urgently need your item before this waiting period is over, we can only recommend that you purchase a replacement and wait for the refund to come through for the original item. Items can get caught up in the system and do occasionally turn up within waiting periods in which case you can refuse to accept it and it will be returned to us.

Product Faults

8.1 If you think there may be a fault with any product purchased on our website, please ensure that you have followed the manufacturer’s instructions correctly before contacting us.

8.2 If there is not an obvious fault with the product we may arrange for it to be returned to us or the manufacturer for inspection.  If a returned product is tested and found to be in working order, we may have to charge for redelivery and in some cases collection costs. 

8.3 If a product is found to be in working order but is no longer in a resalable condition and you then decide to cancel we may only be able to refund a ‘used value’ for the item.

8.4 Faulty products must be reported to us, ideally with accompanying photos of the fault, within 30 days.

8.5 Large high value items such as drive-away awnings need to be sent back to the manufacturer for inspection.  This process is the same for all UK outdoor retailers and is by far the fastest way to identify any faults - awning manufacturers have purpose-built inspection facilities to enable the quickest turnaround time.

We will arrange collection on a convenient day from a home or work address. Usually, if the returns form is filled early enough, this can usually be arranged for next day pick-up.  If the fault is minor and the awning can be used still for an upcoming weekend away, we can defer collection to a later convenient date.

Breakages during use

9.1 Due to potential end user errors in tent pitching - tent poles are not covered under manufacturer’s warranty. Most modern tent designs are tested in independent test centers to ensure they are completely fit for purpose.

9.2 Due to the variables involving flying flags and windsocks from telescopic flagpoles i.e. wind speed, gusts, wet conditions, size of flagpole, size of flags/windsocks being flown, combinations of flags/windsocks being flown etc… it is up to the end user to judge whether flying conditions and their combination of flags/windsocks/flag pole are okay - we cannot refund or replace these products.

9.3 As above, large high value items such as drive-away awnings need to be sent back to the manufacturer for inspection. ​​​​​​

Product Descriptions

10.1 Very occasionally a product may be updated or vary slightly aesthetically from our website photos or description - manufacturers sometimes make small changes/improvements to products and don’t always notifying retailers immediately.

Law and jurisdiction

11.1 These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

Environmental Policy

Packaging

As part of our environmental policy we reuse 95% of all boxes and packaging that comes into our warehouse and recycle the rest.

Any new boxes that we purchase are made from 75% recycled cardboard and are 100% degradable and recyclable.

Our postal tubes are manufactured from 100% recycled cardboard and are recyclable, the plastic end caps are made from LDPE (Low Density Poly-Ethylene) and can be recycled with regular plastic packaging.

Energy Supply

Our office and warehouse are powered by 100% renewable energy, sourced from Seaton Road solar farm in Uppingham, Leicestershire.

Waste Electrical and Electronic Equipment Regulations

The amount of WEEE UK consumers throw away is increasing by around 5% each year, making it the fastest growing waste stream in the country.

Much of the UK’s 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 human health

Many electrical items that we throw away can be repaired or recycled. Recycling items helps to save our natural finite resources and reduces the environmental and health risks associated with sending electrical goods to landfill.

The Waste Electrical and Electronic Equipment (WEEE) Directive is now UK law. The legislation aims to reduce the amount of waste created by electronic equipment. The regulations also mean that manufacturers of electrical equipment now need to pay for the collection, treatment and recovery of waste electrical equipment and that the suppliers of equipment, like high street shops and internet retailers are now able to allow customers to return their waste equipment free of charge.

Funky Leisure can offer 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 torch from us we would accept their old torch 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.

Customers can either bring their old item into our shop (with the receipt for their new item) or send their order details via email and return their like for like item by post (unfortunately, posted costs cannot be refunded).

Alternatively, to find out your nearest participating site that recycles household electrical equipment and for advice on all aspects of recycling at home, please visit www.recycle-more.co.uk – just enter your postcode in the 'recycling facilities' locator.

Under the WEEE Regulations, all new electrical goods should now be marked with the crossed-out wheeled bin symbol shown below: