1. Our Terms of Sale

1.1 What these terms cover

These are our terms of sale conditions on which we supply products to you through our website funplay4u.com.

1.2 Why you should read them

Please read these terms carefully before placing your order on our website. These terms outline important information about your purchase – your rights, our responsibilities, and how to resolve any issues that may arise.

If you have any questions or think there may be a mistake, please contact us below before submitting your order.

1.3 Summary of Key Terms

Ordering: When you place an order, you’re buying a product from us. We’ll send you an order email, and that’s when our contract begins.
Cancellations and Returns: You have 14 days from the day you receive your product to cancel your order for any reason. You can also return products if they’re faulty. Check your order confirmation for details on how to do this.
Delivery: We’ll give you an estimated delivery date when you order. We usually deliver within 3-14 business days, but expedited options might be available. Check your order confirmation for the latest updates on your delivery.
Product Information: We try our best, but product images might not be 100% accurate, and sometimes packaging can change.
Prices: Prices include VAT. We’ll let you know if there’s a pricing error before accepting your order.
Warranties: If your product is defective when it arrives, you might be entitled to a repair, replacement, or refund.
Limitations of Our Responsibility: Things outside our control (like strikes, natural disasters) might affect your order. We aren’t liable for every kind of loss or damage that might occur, even if you tell us about the possibility beforehand.
Governing Law: These terms are governed by the laws of England and Wales and any disputes will likely be resolved through mediation or arbitration, as decided by our contract.

Important: This is just a summary! Always read the full Terms of Sale before placing an order.

2. About Us And Our Contact Information

2.1 Who we are We are

FunPlay4U is part of J&M PUBLISHING LTD a company registered in the United Kingdom with company registration number 15705912. Our registered office is at Holly Drive, Carlisle, Cumbria.

2.2 How to contact us

You can contact our customer service team by email at info@funplay4u.com or fill out our contact form.

2.3 How we may contact you

If we need to contact you, we will use the phone number, email address, or mailing address you provided when placing your order.

2.4 “Writing” includes emails

References to “writing” or “written” in these terms include emails.

3. Placing an Order

3.1 How we accept your order

Your order represents an offer to purchase products from us. We will accept it by sending you an order confirmation email, at which point a binding contract will be formed between us.

3.2 If we cannot accept your order

If we cannot accept your order for any reason (e.g., product unavailability, pricing error, etc.), we will inform you and will not charge you for the order.

3.3 Your order number

We will assign an order number and provide it in the order confirmation. Please reference this number when contacting us about your order.

3.4 Geographical limitations

Our website currently only accepts orders for delivery within United Kingdom, Ireland, and the Isle of Man.

4. Product Information

4.1 Product images are illustrative

Product images on our website are for illustration purposes only. Although we strive for accuracy, actual products may vary slightly in color or appearance from the images shown.

4.2 ‘Universal’ product compatibility

If a product is advertised as ‘universal’, we advise it is compatible with a wide range of makes and models but cannot guarantee compatibility with all products. Please contact us if you have compatibility concerns before purchasing.

4.3 Product packaging may vary

The packaging of products you receive may differ from what is shown on our website.

5. Cancellations and Returns

5.1 Your rights to cancel or change orders

You have the right to cancel your order for any reason within 14 days of receiving your products. Details on how to exercise this cancellation right will be provided with your order.

If you wish to change you order after you have submitted it, on certain products you can. Please contact us via email: info@funplay4u.com

6. Delivery Our Products

6.1 Delivery costs.

Applicable delivery costs will be clearly displayed on our website before you confirm your order.

6.2 Estimated Delivery Timeframes

During the checkout process, we will provide you with an estimated delivery timeframe for your order. Our standard free delivery option typically takes 3-14 business days, but we strive to deliver as soon as possible. Expedited delivery may be available for certain areas and will be offered at checkout.

6.3 Delivery Updates

We will send you an email to confirm when your order is scheduled for delivery. Please refer to this email for the most up-to-date delivery information.

6.4 Missed Deliveries

If you are not present during the delivery attempt and have a safe location for the driver to leave your order, please let us know by contacting our customer service team. Otherwise, we will need to reschedule the delivery, which may cause delays, especially during peak periods.

6.5 Failed Deliveries

If you do not reschedule or collect your order after a failed delivery attempt, we will contact you for further instructions.

Storage fees and additional delivery charges may apply. If we cannot reach you or rearrange delivery after reasonable efforts, we reserve the right to cancel the contract, or there may be a delay especially during busy periods.

6.6 Installation Services

On certain products, we offer professional installation services like sheds and playhouses. This service covers assembly only; ground preparation and anchor installation are your responsibility. Our installation team will contact you to schedule a convenient date and time.

Please note that our installation service is subject to availability in your area and may be cancelled or rescheduled without prior notice. Installation fees are non-refundable if our team cannot complete the assembly due to unsuitable site conditions or other issues beyond our control.

6.7 Transfer of Responsibility

The product will become your responsibility upon delivery to the address you provided.

6.8 Ownership Transfer

You will acquire ownership of the product once we have received full payment.

6.9 Required Information

Please provide accurate contact, shipping, and payment information during the checkout process. Failure to provide the required information may result in order cancellation, delays, or additional charges to compensate for any extra work needed on our part.

If you have any questions or concerns regarding delivery, please contact our customer service team.

7. Payment And Prices

7.1 Product Pricing:

The price of each product, inclusive of VAT, will be clearly displayed on our website at the time you place your order. While we make every effort to ensure pricing accuracy, please refer to clause 3 below regarding pricing errors.

7.2 VAT Changes

If the rate of VAT changes between the date of your order and the date we supply the product, we reserve the right to adjust the VAT amount you pay accordingly, unless you have already paid for the product in full before the VAT rate change takes effect.

7.3 Pricing Errors

Despite our best efforts, pricing errors may occasionally occur. If a product’s correct price on the order date is lower than our stated price, we will charge the lower amount. If the correct price is higher, we will contact you for instructions before accepting your order. If we accept and process an order with an obvious, unmistakable pricing error that could reasonably be recognized by you, we may cancel the contract, refund any payments made, and require the return of any products provided.

7.4 Payment Methods and Timing

We accept payment via MasterCard, Visa, PayPal, Apple Pay, and Google Pay. Full payment must be made before we dispatch your order. We will not charge your payment method until your products are ready for shipment.

7.5 Late Payment Interest

If you fail to make payment by the due date for any reason, we reserve the right to charge interest on the overdue amount at 4% per annum above the Bank of England base rate. Interest will accrue daily from the due date until payment is received, including before or after any judgment.

7.6 Incorrect Invoices

If you believe an invoice is incorrect, please contact us promptly. You will not be charged interest until the dispute is resolved. Once resolved, we will charge interest on any correctly invoiced amounts from the original due date.

7.7 Returning Rejected Products

If you exercise your legal right to reject a product, you must return it to us at your initial cost. To arrange a return or collection, please contact our customer service team. We will reimburse reasonable postage or collection costs if the product is found to be faulty or misdescribed.

8. How We Use Your Information

8.1 How we may use your personal information.

We will only use your personal information as set out in our privacy policy.

9. Other Important Information

9.1 Assignment and Enforceability

Assignment by FunPlay4U: We reserve the right to transfer or assign our rights and obligations under these Terms of Sale to another organization. In the event of such a transfer or assignment, we will notify you in writing, and we will ensure that your rights under the contract are not affected. If you are dissatisfied with the transfer or assignment, you may contact us within 14 days of receiving our notification to cancel your contract, and we will refund any payments made in advance for products not yet provided.
Assignment by You: Your rights and obligations under these Terms of Sale are personal to you and cannot be transferred or assigned to another person or entity without our prior written consent. We may withhold such consent at our reasonable discretion.
No Third-Party Rights: This contract is between you and FunPlay4U. No third party shall have any right to enforce or rely on any provision of these Terms of Sale, except for any person to whom you may validly transfer or assign our product guarantee or warranty in accordance with its terms.
Severability: If any provision or part of these Terms of Sale is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, that provision or part shall be severed from the rest of the terms, and the remaining provisions shall continue in full force and effect.
Delay in Enforcement: Our failure to insist on strict performance of any of these Terms of Sale or to exercise any right or remedy available under these terms shall not constitute a waiver of such performance, right, or remedy. We may enforce these terms at any time.
Governing Law and Jurisdiction: These Terms of Sale shall be governed by and construed in accordance with the laws of the UK. Any legal proceedings arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts in the United Kingdom.

9.2 Warranties

FunPlay4U warrants that all products will be free from defects in materials and workmanship on delivery. This warranty applies to the original purchaser only and is not transferable.

If a product is found to be defective within the warranty period, you may, at your choice, request a repair, replacement, or refund. To make a warranty claim, please contact our customer service team by email at info@funplay4u.com. Proof of purchase will be required.

This warranty does not cover:

Normal wear and tear
Damage caused by misuse, neglect, or accident
Damage caused by modifications or repairs not performed by FunPlay4U or an authorized service provider
Damage caused by acts of God, such as fire, flood, or earthquake

This warranty is in addition to, and does not affect, your statutory rights as a consumer.

Our complete product warranty clauses can be found here at our product warranty page. If you are unsure, please contact us.

9. 3 Force Majeure

FunPlay4U shall not be liable for any failure or delay in performance under these Terms of Sale arising out of any cause beyond its reasonable control, including but not limited to acts of God, war, labor disputes, strikes, lockouts, internet or telecommunications failure, energy blackouts, utility or transportation failures, fire, explosion, weather disasters, global pandemics, government orders or acts, or any other force majeure event.

In such circumstances, the affected party shall be excused for such non-performance for as long as the force majeure event continues, provided that the party takes reasonable steps to mitigate and remedy the cause of non-performance as soon as reasonably possible.

If a force majeure event continues for a period of sixty (60) consecutive days or more, either party may terminate the contract by providing written notice to the other party. In the event of such termination, FunPlay4U shall refund any payments received for products that have not been delivered or services that have not been rendered.

9.4 Limitation of Liability

To the maximum extent permitted by applicable law, FunPlay4U, including its affiliates, officers, directors, employees, and agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to these Terms of Sale or your use or inability to use our products or services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of the theory of liability (whether in contract, tort, strict liability, or otherwise) and even if FunPlay4U has been advised of the possibility of such damages.

Our total cumulative liability arising out of or related to these Terms of Sale or the products and services provided hereunder, regardless of the form of action, shall be limited to the amount paid by you for the specific product(s) or service(s) from which the claim arises within the twelve (12) months preceding the incident giving rise to the claim.

The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy stated herein.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages or liabilities. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.

This Limitation of Liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

9.5 Governing Law/Dispute Resolution

These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales.

Any dispute, controversy, or claim arising out of or relating to these Terms of Sale, including the formation, interpretation, breach, or termination thereof, shall be submitted first to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.

If the dispute cannot be resolved through mediation within 60 days from the date when mediation is initiated, then upon notice by either party, the dispute shall be referred to and finally resolved by arbitration administered by the London Court of International Arbitration (LCIA) in accordance with its Rules, which are deemed incorporated by reference into this section.

The number of arbitrators shall be one. The seat or legal place of arbitration shall be London, England. The language of the arbitration shall be English.

Notwithstanding the foregoing, each party shall have the right to seek temporary or preliminary injunctive relief from the courts of England and Wales as may be necessary to protect its rights or property.

In the event of any litigation or arbitration between the parties arising out of or related to these Terms of Sale, the prevailing party shall be entitled to recover its costs, expenses, and reasonable attorneys’ fees incurred therein or in the enforcement or collection of any judgment or award rendered.

10. Need More Information

If you are still looking for more information then you can can contact us by email: info@funplay4u.com or visit our contact page.

Note: By placing an order on funplay4u.com, you agree to be bound by these Terms of Sale. Review the terms before submitting your order.

Update

Last updated on: 8th May 2024