Terms of Service
Terms of Service
Welcome to FunkyPick! The terms “we,” “our,” and “us” refer to FunkyPick. FunkyPick operates this store and website, including all related information, content, features, tools, products, and services, to provide you, as a customer, with a personalized shopping experience (collectively the “Services”). FunkyPick is a Shopify-powered store, which allows us to provide the Services.
The Terms and Conditions below, along with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy [LINK]. If you do not agree, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, and you consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores, or purchasing products or services, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide it.
You are solely responsible for maintaining the security of your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We strive to provide accurate representations of our products and services in our online store. However, product colors and appearances may vary depending on your device type, settings, and configuration.
We do not guarantee that the quality or appearance of any products or services will meet your expectations or match their descriptions.
Product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic area, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. FunkyPick reserves the right to accept or reject your order for any reason at its discretion. An order is not accepted until confirmed by FunkyPick and payment has been received and processed.
Please review your order carefully before submission, as FunkyPick may not be able to accommodate cancellation requests once accepted. If we decline, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided.
Purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time of purchase and will be reflected in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, duties, or import fees.
Online store prices may differ from those in physical stores or other third-party platforms. Promotions may be subject to separate terms, which will prevail in the event of conflict with these Terms.
You agree to provide accurate, current, and complete purchase, payment, and account information. You also agree to promptly update your account details (including email, credit card numbers, and expiration dates) so we can complete your transactions and contact you as needed.
You represent and warrant that (i) your credit card information is true and complete, (ii) you are authorized to use it, (iii) charges will be honored by your issuer, and (iv) you will pay all charges, including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events beyond our control. Once products are transferred to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
All Services, including but not limited to trademarks, trade names, text, images, graphics, product reviews, videos, audio, and overall design, are the property of FunkyPick, its affiliates, or licensors, and are protected by applicable intellectual property laws.
You are authorized to use the Services for personal, non-commercial purposes only. No reproduction, distribution, modification, or derivative works are allowed without prior written consent. Unauthorized use may violate intellectual property laws.
FunkyPick names, logos, designs, and slogans are trademarks of FunkyPick. Shopify names, logos, and trademarks belong to Shopify. Other marks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available,” without warranties or endorsements. We are not liable for any issues related to your use of these tools.
Use of such tools is entirely at your own discretion and subject to third-party terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites or content. We are not responsible for examining or evaluating such third-party materials.
Your use of third-party content or services is at your own risk, and any disputes must be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[Note to Merchant: Do not remove or edit this section.]
FunkyPick is powered by Shopify, which enables us to provide the Services. However, sales and purchases are directly between you and FunkyPick. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales, products, or damages. You expressly release Shopify from any claims or liabilities arising from your transactions with FunkyPick.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy , and some information may also be subject to Shopify’s Privacy Policy.
Since the Services are hosted by Shopify, your personal information may be collected, processed, and transferred internationally to provide and improve the Services.
SECTION 11 – FEEDBACK
By submitting feedback, reviews, or suggestions, you grant FunkyPick a worldwide, royalty-free, perpetual license to use, reproduce, and distribute your submissions for any purpose, including commercial use.
You represent that you own or have the rights to your feedback and that it complies with these Terms.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping, or availability. We reserve the right to correct these and update or cancel orders at any time, without notice.
SECTION 13 – PROHIBITED USES
You may only use the Services for lawful purposes. Prohibited uses include but are not limited to unlawful activities, intellectual property violations, harassment, fraudulent behavior, malware distribution, spamming, phishing, scraping, or interfering with security features.
We may suspend or terminate your account if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate your access to the Services at any time without notice. Obligations and rights that by nature survive termination (such as intellectual property, indemnification, and limitations of liability) will remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for purpose, durability, or non-infringement.
We do not guarantee uninterrupted or error-free service. Some jurisdictions do not allow warranty disclaimers, so these limitations may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, FunkyPick, Shopify, and their affiliates shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, including loss of profits, revenue, data, or replacement costs, arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless FunkyPick, Shopify, and affiliates against any claims, damages, or liabilities arising from your use of the Services or violation of these Terms.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed invalid, the remaining provisions remain enforceable.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision does not constitute a waiver. These Terms, together with posted policies, constitute the entire agreement between you and FunkyPick.
SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without prior written consent. We may assign our rights without restriction.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws and courts of the jurisdiction where FunkyPick is headquartered.
SECTION 22 – HEADINGS
Headings are included for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update or modify these Terms at any time. Material changes will be communicated as required by law. Continued use of the Services constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms should be sent to:
FunkyPick
📧 ramziahmed7818@gmail.com
📍 95 Braemar Dr, Moncton, NB, E1A 3S9, Canada
📞 +1 514-679-4321