· 1. PURPOSE
· 2. CONTRACTING PROCEDURE
· 3. PRICE AND PAYMENT
· 4. TRANSPORT AND DELIVERY
· 5. DELIVERY EXPENSES
· 6. RETURNS, EXCHANGES AND CANCELLATIONS
· 7. CONDITIONS APPLICABLE TO PROMOCIONAL CODES (DISCOUNTS)
· 8. VALIDITY OF OFFERS (SALES IN PROMOTION)
· 9. LIABILITY
· 10. PROTECTION OF PERSONAL DATA
· 11. APPLICABLE LEGISLATION
· 12. COMPETENT JURISDICTION
· 13. CONTACT WITH SKUNKFUNK
The present sale terms (hereinafter, "Sale Terms") regulate the agreement between the company FUKU YA, LLC, domiciled at 302 Valencia Street, 94103 San Francisco, CA, and the customer ("Customer") formalised through the website www.skunkfunk.com (the "Website") for purchasing the products from Skunkfunk via the Website.
2. CONTRACTING PROCEDURE
2.1. ELIGIBILITY TO PURCHASE
In order to place an order through the Website, the Customer must be 18 years or older and be the final consumer. Minors are expressly excluded.
2.2. HOW TO PLACE AN ORDER
Placing an order through Skunkfunk Website consists of the following steps:
· Choose the products that you like and add them to "Your Bag".
· Proceed to check out.
· Enter the delivery and billing information.
· Choose a method of payment and click on "Send Order".
By activating the "Send Order" button on the order form, the Customer fully and without reservation accepts all the Sale Terms as per the Website at the moment of contracting.
· Make the payment.
If the payment is authorised, the Customer will receive confirmation of receipt of the order. With the exception of the circumstances described in Sections 2.3 and 2.4 below, this confirmation constitutes acceptance by Skunkfunk of the Customer's order and creates a binding agreement between Customer and Skunkfunk.
It is recommended that the Customer prints and/or saves a copy of the Sale Terms when placing the order.
A copy of the confirmation of receipt will be sent to the Customer' e-mail address. It is recommended to print or download the copy for possible future consultation.
Skunkfunk may change the Sale Terms at any time, without prior notice to the Customer. However, Skunkfunk will announce such changes on the Website. Also, once the Customer has received confirmation of receipt from Skunkfunk of his/her order, the Sale Terms applicable to that order will not be changed.
2.3. AVAILABILITY OF PRODUCTS
The completion of an order through the Website is subject to the availability of the garments. Skunkfunk attempts to guarantee stock of all garments on sale. If the product ordered is not available or there is no stock of it, the Customer will be informed by e-mail and refunded the amount paid within 30 days of the payment.
2.4. SKUNKFUNK'S RIGHT TO CANCEL OR NOT ACCEPT AN ORDER.
Skunkfunk reserves the right to reject any order as well as cancel or not accept a confirmed order for, amongst others, the following reasons:
· There was a technical or pricing error on the Website at the time the order was placed.
· The billing information given was incorrect or unverifiable.
· The billing information given was incorrect or unverifiable.
· Security systems indicate that the order is abnormal or may be fraudulent.
· There is a reason to believe that the Customer is under 18 years of age.
· Skunkfunk has been unable, after 3 attempts, to deliver the order at the address provided.
If an order is cancelled for any of the above reasons, Skunkfunk will refund (if applicable) the value of the order. Delivery expenses are never refunded, except in certain circumstances.
2.5. VERIFICATION OF DATA
Prior to processing an order placed by the Customer, Skunkfunk may verify the Customer' data. This may involve verification of the address and solvency of the Customer, and whether fraud is involved. With respect to possible fraud, Skunkfunk may use partially automatic verification of all purchases in order to filter out those considered abnormal or suspicious and those suspected of fraud. Orders suspected of fraud will be investigated, and the Customer may be reported to the appropriate authorities, which may prosecute.
3. PRICE AND PAYMENT
3.1. PRICES AND CURRENCY
All prices are in US Dollars. Prices may change without notice. The total invoice price (Total amount due) is inclusive of Sales Tax applied with individual State and local regulations according to the State of your shipping address. An estimation of the tax charges will be indicated in the Confirmation page of the Shopping Bag. This estimation will also be equal or less than the exact Sales Tax applied. Exact tax charges will be calculated automatically after your order is shipped and the final order total is indicated in the invoice you will receive with the Shipping Confirmation e-mail. Depending on the tax laws in each state, you may be required to pay Use Tax on purchases for which Sales Tax has not been collected. All prices are inclusive of customs and import duties.
3.2. METHOD OF PAYMENT
To pay for the order the Customer may use the following credit or debit cards: Visa, Visa Electron, MasterCard or PayPal. The charge will be made upon confirmation of the order.
3.3. CHANGES IN PRICE
The prices shown on the Website are subject to change. Skunkfunk reserves the right to change prices without prior notice. However, once the confirmation of receipt of an order is received from Skunkfunk, the price payable in respect of that order will not be changed.
Skunkfunk informs that despite careful updates of the Website the prices shown may be erroneous. Any prices shown in error will be amended as soon as possible and shall not be binding on Skunkfunk.
4. TRANSPORT AND DELIVERY
4.1. DELIVERY: WHERE AND WHEN
The deliveries are made from Monday through Friday. No deliveries are made on weekends or local holidays. Deliveries are made during business hours. Thus, to facilitate delivery, the Customers are asked to use their work address or any other address where there might be someone to receive the package.
4.2. LEAD TIME
Orders are usually delivered within 2 to 3 business days. The delivery schedule is usually met, and although Skunkfunk cannot guarantee punctuality, all orders are delivered within 30 days from the date of confirmation of receipt of the order, at the latest. Once an order is shipped, the Customer receives an e-mail notification about the expected delivery date.
4.3. VERIFICATION ON RECEIPT
The Customer must verify the state of the packaging upon delivery. If the package is damaged, the Customer must not accept the delivery. The amount of the purchase and the delivery expenses will be refunded to the Customer once the warehouse has processed the return of the products.
Skunkfunk informs that the delivery must be verified within a reasonable time after receipt.
In case no notice of rejection of the products is received within 30 days of delivery, Skunkfunk will consider the Customer to have accepted the delivery. This does not affect the Customer' right to return or exchange any order as set out in Section 6 below.
5. DELIVERY EXPENSES
The transport fee is calculated by the USPS taxes included. Free standard delivery on any order more than $200.
6. RETURNS, EXCHANGES, AND CANCELLATIONS
6.1. RETURN OF NON-CONFORMING PRODUCTS
The Customer has the right to return defective products or non-conforming products. The Customer has 14 business days from the moment of detecting product non-conformity to inform Skunkfunk about the defect or lack of conformity and to return the product to Skunkfunk.
If the Customer returns a product because it is defective or non-conforming and the return is approved, Skunkfunk will refund the value of the product and the delivery expenses, as well as the direct costs involved in the return, within thirty (30) days of Skunkfunk' receipt of the returned product.
The above is notwithstanding the Customer' rights as a consumer under mandatory consumer protection law.
6.2. RETURN OF PRODUCTS FOR ANY REASON (RIGHT OF WITHDRAWAL)
If the Customer is not satisfied for any reason with the products purchased, he/she will have 14 business days from the delivery date to return the product with no need for an explanation of any kind. The Customer may return the purchased product, provided that:
· The product has not been washed or used in any way (other than reasonable wear and tear from examining and/or trying on the product).
· The product is complete (two elements forming a pair must be returned together).
The product must be returned and the Customer must assume the expenses of this return. The products are to be returned with their original packaging and labelling, together with the applicable Returns Note. Upon satisfactory inspection of the returned goods, Skunkfunk will refund the price of the product within thirty (30) days of receiving the order cancellation and product return notification from the Customer. The delivery expenses are never refunded (except in case of incorrect or defective items); the customer will also have to pay for the return expenses.
6.3. PRODUCT EXCHANGE
At the moment, products cannot be exchanged. To obtain a product in another colour or size, the Customer must return the original item and place a new order through the Skunkfunk Website.
6.4. RETURN OF GIFTS
To return a product received as a gift, the Customer is asked to contact the purchaser and ask him/her to follow the return procedure. The refund will be made in the original payment method.
6.5. INFORMATION ON REFUNDS
The refund will be made in the same manner as the original payment.
Skunkfunk will not make the refund until receiving the returned product and verifying the condition of the product in the warehouse; once the condition of the returned product has been verified, the Customer will be refunded the relevant amount within thirty (30) days of receipt of the returned product at Skunkfunk.
7. CONDITIONS APPLICABLE TO PROMOTIONAL CODES (DISCOUNTS)
7.1. When promotional codes are used according to their terms and conditions, they are applied for a single discount on a purchase of a single product or a discount on an order for the time indicated by the promotional code.
7.2. Promotional codes are personal and may not be transferred. They may only be used for purchases on the Website. The Customer may not sell, exchange, or assign the promotional code. The promotional code may not be uploaded or disclosed through websites or other media making public offers, gifts, sales, or exchanges. Promotional codes may not be used for commercial purposes.
7.3. Only one promotional code can be used per product and per order. Promotional codes may not be combined with any other special offer or promotion.
7.4. Promotional codes may not be exchanged for money.
7.5. Skunkfunk is under no obligation to reissue or refund promotional codes. However, if Skunkfunk decides at its own discretion to reissue or refund promotional codes, the Customer' promotional code would be needed to do so. Thus the Customer is asked to always keep a copy of the promotional code, without which it cannot be reissued or refunded if lost.
7.6. Skunkfunk reserves the right to void a promotional code immediately if it suspects that it is being used in violation of any of the above conditions or in any other improper manner or if it has reasonable grounds for voiding it.
8. VALIDITY OF OFFERS (“SALES IN PROMOTION”)
The promotional offers shown on the Website to increase the sales of certain products are valid only while they appear on the Website, unless otherwise specified thereon.
9.1. These Sale Terms set out the full extent of Skunkfunk´s obligations and liabilities in respect of the supply of the products. There are no warranties, conditions or other terms that are binding on Skunkfunk except as expressly stated in the Sale Terms.
9.2. Subject to clause 9.4, the maximum aggregate liability of either party to the other on all claims of any kind under or related to these Sale Terms, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE AMOUNT PAID TO SKUNKFUNK FOR THE PRODUCT IN QUESTION.
9.3. Subject to clause 9.4, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, CONDITION, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES.
9.4. Nothing in these Sale Terms shall limit or exclude Skunkfunk' liability for (i) death or personal injury caused by Skunkfunk's negligence, (ii) fraud, (iii) any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.
10. PROTECTION OF PERSONAL DATA
The Customers are informed that their personal data will be included in files under the ownership of Skunkfunk for commercial purposes, customer relation management advertising and commercial prospecting, including the sending (through post, e-mail, or other electronic means) of commercial messages concerning products, services, offers, promotions, and news concerning the Skunkfunk group. For objectives directly related to the processing of personal data, the Customer' personal data may be transmitted to other companies in the Skunkfunk group, which may be located outside the United States of America, including countries that do not have a comparable level of data protection. Skunkfunk, and any third party to whom Skunkfunk transmits personal data, will put in place and maintain technical and organisational security measures which are appropriate and sufficient to prevent any processing of personal data in breach of: (a) these Sale Terms or applicable data protection laws; and (b) any accidental loss, destruction, or damage of personal data. The Customer may exercise the rights of access, rectification or objection to the use of his/her personal data by a written request sent to Skunkfunk, 302 Valencia Street, 94103, San Francisco, CA or by our contact us form. The Customer guarantees the truthfulness and accuracy of the personal data provided to Skunkfunk. Purchases made through the Skunkfunk Website and under these Sale Terms are subject to USA law.
11. APPLICABLE LEGISLATION
Purchases made through the Skunkfunk Website and under these Sale Terms are subject to United States of America law.
12. COMPETENT JURISDICTION
Any dispute or discrepancy arising from the application or interpretation of these Sale Terms, as well as the contracts incorporating them, shall be resolved in the courts of the City of San Francisco, CA, which will have exclusive competence over any other jurisdiction. However, should the Customer have the status of consumer under USA law for the Defence of Consumers and Users, then the competent courts shall be those in the place of residence of the consumer within the United States of America.
13. CONTACT WITH SKUNKFUNK
For any question or incident with respect to an order, the Customer may contact Skunkfunk:
· Through the Contact section of the Website
Identity of the owner and manager of the www.skunkfunk.com website: FUKU YA, LLC (en adelante SKUNKFUNK) 302 Valencia Stree, 94103 San Francisco, California USA.
TERMS AND CONDITIONS OF USE
Access to, and use of, the www.skunkfunk.com website (hereafter referred to as the Website) gives visitors to the Website the status of User, and implies total unreserved acceptance of these Conditions of Use by the User. If you do not accept them, please do not use the Website.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and its contents, including design motifs, texts, graphic images, logos, icons, buttons, software, trade names, brands, creative works, illustrations, photographs or industrial drawings and any other features capable of being used for industrial and commercial purposes (i) are the property of and held by Skunkfunk or third-party owners who have duly authorized their inclusion in the Website, and (ii) are protected by USA, Spanish and international legislation on intellectual and industrial property.
Under no circumstances does Skunkfunk grant any kind of licence, or engagesin any form of cession, transfer or total or partial assignment of the above rights, or confer any right or expectation of a right, especially in relation to the alteration, transformation, exploitation, reproduction, distribution or public communication of the above-mentioned contents without the prior, express and written authorization of Skunkfunk or of the owners concerned.
Users may exercise their right to access, rectify, delete and object in writing to: FUKU YA, LLC 302 Valencia Street. 94103 San Francisco, CA USA.
Users must operate at all times in compliance with the law, with the norms of polite behaviour and the requirements of good faith, employing all due diligence and abstaining from using the Website in any way that may impede, damage or adversely affect the normal operation of the Website, or the goods or rights of Skunkfunk, of its suppliers, of other User, or any third party.
Specifically, and without limitation of any kind to the provisions of the previous section, Users shall, when using the Website, comply with the following:
· a) Provide truthful information for the data requested in the registration form or the order form, and keep said data updated.
· b) Will not enter, store or propagate on or from the Website any information or material that is defamatory, insulting, obscene, threatening or xenophobic, or likely to incite violence or discrimination for reasons of race, sex, ideology or religion, or that offends morality, public order, fundamental rights or public liberties, or against the honour, privacy or reputation of third parties in any way, or that contravenes any current regulations.
· c) Not enter, store or propagate through the Website any program, data, virus or code, or any other electronic or physical equipment that is likely to cause damage to the Website, to any of its services, or to any of the equipment, systems or networks of Skunkfunk, of any other User, of Skunkfunks suppliers, or any third party.
· d) Not engage in advertising activities or any form of commercial exploitation of the Website, and not use the contents and information contained on the Website to transmit advertising, or to send messages with any other commercial purpose in mind, or to collect or store the personal data of third parties.
· e) Not, in any way, use false identities, or supplant the identity of others when using the Website or any of its services, including the use of passwords or access codes belonging to third parties.
· f) Not destroy, alter, use for the Users own purposes, render unusable or damage the data, information, programs or electronic documents belonging to Skunkfunk, to our suppliers or to third parties.
· g) Not enter, store or propagate through the Website any content that infringes upon third parties intellectual or industrial property rights or commercial secrets, or any content for which they cannot demonstrate their right to third party use, in compliance with the Law,
PROTECTION OF PERSONAL DATA
On applying for your registering in Skunkfunk.com you authorise FUKU YA, LLC to add the personal data provided to a file owned by FUKU YA, LLC and to use and process them with a view to the promotion of its products.
For objectives directly related to the abovementioned purposes, the Users data may be transmitted to other companies in the Skunkfunk group, which may be located outside the European Economic Area (EEA), including those countries that do not have a comparable level of data protection.
Users may exercise their right to access, rectify, delete and object in writing to Skunkfunk,
302 Valencia Street, 94103 San Francisco, CA USA
Or e-mail to the manager of personal data protection
· 1. Store information about your preferences and to personalize our Website in accordance with your specific interests.
· 2.Remind you of the products that you have previously selected and placed in your Shopping Bag.
· 3.Speed up your searches.
· 4.Recognize the computer when the User returns to our Website.
· 5.Collect data concerning the traffic and interaction of Users on our Website so as to identify tendencies and for statistical purposes.
Users may refuse to accept cookies by activating the configuration on their browser which enables them to reject cookies. Nevertheless, if you deactivate the cookies, you will not have access to many of the functions of our Website and some of its services may cease to function correctly.
LINKS TO THIRD PARTY WEBSITES
The introduction of hyperlinks to our Website from other websites for commercial purposes without the prior agreement of Skunkfunk is expressly prohibited. Under no circumstances will the presence of hyperlinks on websites other than our own Website imply the existence of a commercial or corporate relationship with the owner of the website on which the hyperlink has been established, or the acceptance on the part of Skunkfunk of its contents or services.
Skunkfunk accepts no responsibility for the use or contents of any third party websites that may establish links with the Website.
For any questions or query concerning the use of the Website, contact Skunkfunk:
· through the Contact section of the Website