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IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS WEBSITE, YOU SHOULD LEAVE THIS WEBSITE
This website and all subpages within this Website (collectively, the "Website") are furnished by Funplay®. Your use of this Website is subject to the following Terms and Conditions. Please note that your use of this Website constitutes acceptance of these Terms and Conditions, so please be sure to read and understand this information. Periodically, we may revise the Terms and Conditions, so it is important that you review this page whenever you use this Website. Please note that the provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
THESE TERMS OF SALE ARE AN AGREEMENT (“AGREEMENT”) BETWEEN YOU AND FUNPLAY TO ORDER AND/OR PURCHASE THE ITEMS IN YOUR ORDER. PLEASE READ THIS AGREEMENT CAREFULLY. BY SUBMITTING YOUR ORDER (1) YOU AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, (2) YOU ARE CONSENTING TO ENTER INTO THIS AGREEMENT IN ELECTRONIC FORM AND (3) YOUR CLICK SHALL CONSTITUTE YOUR ELECTRONIC SIGNATURE ACCEPTING THIS AGREEMENT.
If you do not wish to accept this agreement, you should not order any products through our website.
Use of this site implies acceptance of these provisions. SC FUN PLAY INFLATABLES PRO SRL reserves the right to make any changes, in part or in full, as it deems necessary, these provisions or the site without notice. By accessing this page you can read the current version of these provisions. SC FUN PLAY INFLATABLES PRO SRL cannot be held liable for any errors arising on site for any reason, including because of changes, settings, upgrades, etc.
The site is administered by SC FUN PLAY INFLATABLES PRO SRL, CIF RO 16517780, situated in Bucharest, Sector 1, st. Banu Manta no. 27, Bl 34, sc. 1, et. 6, Ap 25, registered at the Trade Register under no. J40/9744/2004, with bank account: RO52BUCU153480372511RO01 opened with ALPHA BANK - Titulescu Agency, which will be referred to as “FUNPLAY” or as "Supplier".
The person or entity who orders and purchases products through this site is referred to as "Client".
The website shall be referred to as the “site”. Images, text, prices, technical data and other information found on the site will be referred to as "information".
FUNPLAY guarantees limited access user for Client’s personal use of this site and does not grant permission to download or modify part or all of the site, full or partial reproduction of the site, copy, sell / resell or exploit the site in any manner, for commercial purposes or contrary to FUNPLAY or FUNPLAY’s partners’ interests, without the written consent of FUNPLAY. Any attempt of unauthorized access to the site is perceived as an attempt at fraud and will be reported to authorities.
FUNPLAY may revise the Website Terms and Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting.
FUNPLAY makes all reasonable attempts to keep the information on this site updated, complete, and accurate. The information is intended for general purposes and nothing contained in this site is intended to be used as medical advice.
ny attempt to access personal data of another user or change the content of www.funplayonline.ro site or to affect the performance of the server running the site will be considered an attempt to defraud FUNPLAY and will be subject to a criminal complaint against those who have tried it. FUNPLAY reserves the right to investigate any suspected breaches of its Website security or Terms and Conditions and involve law enforcement authorities in investigating any such matters and prosecute violators to the full extent of the law.
All orders are subject to these terms and conditions issued by FUNPLAY, and shall override and exclude any conditions stipulated or referred to by the Client. Orders are accepted and delivery estimates are given conditionally, on FUNPLAY ability to secure the necessary material from the Manufacturer and without FUNPLAY responsibility for delays or non-fulfillment arising through risk and uncertainties, strikes, accidents, force majeure, or any other circumstances outside FUNPLAY control.
By submitting an order, the Client represents and warrants that all personal information he has entered for the order is valid. FUNPLAY does not currently accept orders from all online addresses. FUNPLAY only accepts orders shipping within Romania. FUNPLAY will issue an email notifying the Client when an order has been shipped.
FUNPLAY displays on this website age recommendation for each product to the extent of such information is supplied by producers or importers of these products. When using products by children who have not attained age, the Client will ensure that products are used under adult supervision until the age recommended by the manufacturer.
Photographic images and associated material supplied by FUNPLAY are subject to the terms granted to FUNPLAY for reproduction and are used solely to promote products purchased from FUNPLAY. All images are provided in good faith to FUNPLAY who assumes the liability for possible errors or omissions in reproduction.
All orders are subject to written confirmation and are not binding even if verbally confirmed.
The prices quoted are net and include VAT, unless otherwise specified. Prices will be held unchanged for deliveries made during the posted validity period, when the date of dispatch is within. Prices do not include unpacking, dismantling, mounting and installation costs.
Prices include shipping, not include handling which shall be charged on all orders as applicable and will be indicated at the time of the Client’s order. In the event a product is listed at an incorrect price due to typographical or other error, FUNPLAY has the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted or paid. If paid and the Client’s order is canceled, FUNPLAY will issue a refund in the amount of the incorrect price.
FUNPLAY may set its own regulations for promotions, advertising campaigns, special offers and competitions which may organize. These regulations will become known to participants via this site. In case of campaigns, contests and promotions organized and conducted by FUNPLAY directly or by third parties (partner companies, advertising agencies, etc.) FUNPLAY has the right to establish additional criteria for eligibility of participants.
Time of delivery is subject to FUNPLAY confirmation of receipt of order. All prices are quoted ex-works Bucharest unless otherwise stated in writing.
FUNPLAY’s goal is to approve a Client’s order within 48 hours from order receipt and upon payment confirmation. Orders received on weekends and holidays will be processed within 24 hours after the next business day. An email notification that anr order has been received, approved, confirmed as paid and ultimately that an order has been shipped, along with a tracking number, will be sent to the Client shortly after his order has been processed. Shipments are made via commercial courrier. In most cases a Client can expect to receive his goods within 2-3 business days based upon the level of shipping service. Shipping and handling charges are based on the value, size and destination of the order, as well as handling charges for order processing for either heavy or bulky items.
The time of delivery may vary, within the limits posted by FUNPLAY, however minor delays are not of essence and no responsibility is accepted for minor delays in delivery and any provision for penalties for delay in delivery is hereby excluded.
In case of major delays, delay compensation may be asked by FUNPLAY, properly justified, however in all cases not exceeding 10% of the value of the product order, offered as additional discount.
FUNPLAY terms of payment require that the Client must pay the advance in full within 5 days of the pro-forma invoice date, unless otherwise agreed in writing, while the balance is always paid before delivery.
All payments must be made by bank transfer. The Client agrees to notify FUNPLAY within sixty (60) days after any discrepancy appears between the amounts paid and his bank statement. If FUNPLAY does not receive payment, the Client agrees that his order is not valid and will be automatically suspended. Partial payments are not considered payments but advances and will be held until full payment, but not more that thirty (30) days from the first advance. No order processing will start before the full payment. Upon expiration of this period, the advance amounts will be refunded. Client remains responsible for paying any duty, value-added or other taxes imposed on his purchases by the banks or third parties. FUNPLAY will not be responsible for any unauthorized amounts billed to the Client’s account by a third party.
Defective goods at delivery will be returned immediately, at the request of the Client, who needs to accordingly complete his request on replacing the good or being compensated receiving back the advance payment.
Defective goods after delivery follow the rules established by the warrantee issued by the manufacturer or distributor. FUNPLAY will receive the defective good and will proceed in repairing or replacing it provided that:
i) The goods have been correctly and properly used in accordance with the manufacturer’s instructions and maintained and used solely for the purpose intended.
ii) The goods are either returned to FUNPLAY for examination or inspected by FUNPLAY, without any photographs to be considered as any evidence of damage.
Claims for non-delivery must be made to FUNPLAY within 5 days from the date of the invoice. FUNPLAY will investigate further and return with results and proposed solutions.
Damage in transit must be notified to the courier upon receipt of goods and to FUNPLAY within 24 hours of receipt of damaged goods.
The title to goods sold hereafter by FUNPLAY shall not pass to the Client until all sums, including but not limited to purchase price and transport costs owed to FUNPLAY shall have been paid in full. In case of default in payment FUNPLAY shall be granted access rights in order to repossess the goods. Goods supplied by FUNPLAY shall be at the Client’s risk immediately on delivery.
FUNPLAY has commercial contracts and agreements with international and local manufacturers for resale or import products with trademarks on this site. About additional product information quality, brand authenticity and any other questions regarding a particular manufacturing brand or product, the Client may contact FUNPLAY.
FUNPLAY products’ Manufacturers reserve the right to modify or change the design of any of the products illustrated in the catalogue in the interests of progress and quality.
All products are marked with their trade name owned by the Manufacturer. All trademarks must be acknowledged. Client’s misuse of any of the Trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited. Unless otherwise indicated, the trademarks indicated in the website are coming from catalogs of licensed products used with the consent and/or license of the following:
© Kit for Kids ® Airquee
© Whitehouse Leisure LLP
© Posh Paws International
© Formula K International Limited
All drawings and tracings prepared by FUNPLAY products’ Manufacturers are their property and copyright. Such drawings and tracings must not be published or disclosed without FUNPLAY's written permission and must be regarded as confidential.
The Client also assumes that everything he sees or reads on this site (including, but not limited to, wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content) is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the site without the written permission of FUNPLAY. FUNPLAY neither warrants nor represents that the Client use of materials displayed on this site will not infringe upon rights of third parties not owned by FUNPLAY. Images, photographs, or illustrations displayed on the site are either the property of, or used with permission by FUNPLAY. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or provided elsewhere on the site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with FUNPLAY or purchasing FUNPLAY products. The Client may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for his own non-commercial use, or to place an order with FUNPLAY or to purchase FUNPLAY products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by FUNPLAY. The Client further agrees not to change or delete any proprietary notices from materials downloaded from the site.
All orders are accepted on the understanding that any infringement of patents or copyrights are the responsibility of the Client who shall thereupon indemnify FUNPLAY from and against all claims and demands and costs incurred in respect of any such infringement.
Where goods are ordered in the absence of specific data, it is the Client’s responsibility to accept the product’s fitness for purpose for the application for which is intended, even with given data limited availability. Provision of the goods under these circumstances specifically excludes FUNPLAY from any liability for advice on suitability for a particular good’s application. Advice is neither given nor implied to be given under any circumstances. FUNPLAY acceptance of any such order shall thereupon bind the Client to indemnify FUNPLAY from and against all claims, demands, losses and costs incurred in respect of any action taken against FUNPLAY in respect of the goods.
FUNPLAY maintains this site for the personal use of those interested in products and services offered by FUNPLAY. No Client may reproduce, distribute, modify, display, prepare derivative works based on, repost or otherwise use the content of this Website, except downloading one copy of the material in temporary storage on one computer for personal viewing or use only, provided he does not delete or change any copyright, trademark, or other proprietary notices, without FUNPLAY written permission. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right.
If an owner of intellectual property believes his intellectual property right has been improperly posted or distributed via this site, he should notify FUNPLAY immediately at: FUN PLAY INFLATABLES PRO SRL, Bd. Banu Manta nr. 27, bl.34, sc.1, et.6, ap.25, Sector 1, Bucuresti. Attn: Legal Representative
FUNPLAY cannot accept cancellation of orders. FUNPLAY reserves the right to make a minimum cancellation charge of €100 and up to 50% of the price of goods on cancelled orders and to charge other costs, where applicable.
Orders may be amended if so agreed in writing and upon terms which provide indemnity against any loss incurred by FUNPLAY as a result of amendment or cancellation.
As part of FUNPLAY ongoing commitment to its customers, all orders placed through this site have a 1-week return policy from receipt of the good. Any goods supplied in accordance with a Client’s order but which are subsequently returned will only be credited provided that FUNPLAY’s written agreement to the return of goods has been obtained and the goods are returned undamaged in their original packaging.
The product is always returned in original packaging and in perfect condition, without signs of wear, along with all documents which was accompanied when sent to Client.
If at time of inspection the merchandise condition does not comply with the FUNPLAY return policy, the Client will be notified of the return rejection. If goods returned are damaged or not in their original packaging they will be retained for 14 days and the Client will be given the option to collect back the goods. FUNPLAY may charge a restocking fee of €100 of the price of goods returned to cover the cost of administration. After this time the goods will be destroyed. The handling charge will still apply.
If one has received a FUNPLAY product as a gift, approved returns will be credited to the original purchaser only.
Before returning an item, the Client must contact FUNPLAY to obtain return written authorization. FUNPLAY hours of operation are Monday through Friday 9:00 am to 5:00 pm (excluding public holidays). Prior to contacting uFUNPLAY, the Client should ensure he has FUNPLAY sales order number available. Original packaging should not be opened and/or removed. For Client’s own protection, FUNPLAY recommends that he sends his return via a service that will provide him with traceability and insurance for his shipment should the package be lost in transit. FUNPLAY does not assume liability for loss or damage of return shipments.
FUNPLAY is committed to trade innovative, high quality products for children. FUNPLAY Suppliers and FUNPLAY itself warrants these products to be free from defects in material and workmanship existing at the time of manufacture for a period of 24 months from the date of initial purchase (invoice is required as proof of purchase). If any defect is discovered during the limited warranty period, FUNPLAY will, at its sole option, repair or replace the product at no cost to the Client. This limited warranty does not cover claims resulting from misuse, failure to follow the instructions on maintenance and use, abuse, alteration, involvement in an accident, and normal wear and tear.
The warrantee for the Products traded through this site is offered by manufacturers / importers / distributors and is valid under the conditions specified in the present Warrantee Terms or the Warantee Certificate which may accompany separately or through the invoice the product that is ordered and delivered. The Client cannot claim warranty following improper or incorrect use of the product. Within 12 hours after delivery of the product, upon noticing the problem, the Client may request return of the product only in original packaging with all parts and components and with the original documents contained. In this case, he may have the product replaced with an identical one or, if this is not possible, he gets back the amount paid for that product. In such cases, all responsibilities lie with importer / distributor.
FUNPLAY warrants to the original purchaser that the product covered by this warranty is free from defects in workmanship and materials. Should any part fail in the period of 24 months from the date of the original invoice as a result of a defect, FUNPLAY will (at its option) either repair or replace the part without charge, provided that the product has been operated in accordance with the operating instructions or refund in full the amount paid to the Client.
If the repair is non-warranty, the Client will be advised before any work is undertaken. This warranty is the sole warranty by FUNPLAY and is in lieu of all other warranties expressed or implied and releases FUNPLAY from all other obligations and liabilities. This warranty does not apply to normal wear and tear to the product, and in particular does not cover normal wear parts such as cables, wheels, switches, relays, brushes, rubber parts, hoses and bearings. This warranty also does not cover, and FUNPLAY will not be liable for, excessive wear caused by abnormal use. FUNPLAY will under no circumstances be liable for alterations to the product or for damage caused to third persons, or for misuse or abuse of the product, or damage caused during transportation. Repairs of the product made or attempted by persons other than those specifically authorized by FUNPLAY shall render this warranty void and FUNPLAY will not be liable for such repairs, the cost of such repairs, or the consequences of such repairs. FUNPLAY will not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused whether arising under contract, tort (including negligence) or otherwise including (without limitation) loss of production, loss of profits or contracts or of operating time or goodwill or anticipated savings.
The warranty does not cover:
- normal wear and tear, scratching, abrasions or cosmetic damage
- damage caused by misuse or improper handling and carrying
- damage caused by dropping or knocking the product
- repairs and modifications done by anyone other than FUNPLAY
- leaking / exhausted batteries / affected electromechanical parts
- improper storage damages (extreme temperature, humidity, etc.)
- product for which its documents have been altered in any way or made illegible
- product of which the serial/identification numbers have been altered, removed or made illegible
- product being used for commercial purposes
- defects caused by abuse or misuse of the product or by unfavorable environmental conditions, damage by pets, lightning, abnormal voltage, water or fire, natural disaster or transport accident
-defects attributable to wear of parts which can be considered as consumable parts by their nature
FUNPLAY may deliver notice to the Client by means of e-mail, a general notice on the site, or by other reliable method to the address he has provided to FUNPLAY.
The Client may choose to be removed from FUNPLAY list of recipients of e-mails by contacting FUNPLAY at firstname.lastname@example.org.
In order to keep improving its product range, FUNPLAY anticipates the Clients’ suggestions, comments, complaints, proposals and anything to be considered important and useful for FUNPLAY to provide better services. FUNPLAY will use all its efforts to provide the Client with a prompt feedback on his requests and convenient solutions to his concerns.
When the Client visits this site, places an order, or sends emails to FUNPLAY, he is communicating with FUNPLAY electronically. The Client consents to receive communications from FUNPLAY electronically. FUNPLAY will communicate with the Client by email or by posting notices on this site. The Client agrees that all agreements, notices, disclosures and other communications that FUNPLAY provides to him electronically satisfy any legal requirement that such communications be in writing. The Client’s consent to enter into this Agreement electronically covers the current transaction only. Future transactions will require additional consent.
FUNPLAY has not reviewed all of the sites linked to this site and is not responsible for the contents of or any changes to any off-site pages or any other sites linked to this site. The inclusion of any link to such sites does not imply endorsement by FUNPLAY of any material on such other sites or off-site pages. Client’s linking to any off-site pages or other sites is at his own risk.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a FUNPLAY or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. The Client may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. The Client may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Client hereby agrees to indemnify, defend, and hold harmless FUNPLAY, its officers, employees, agents, business partners, licensors, licensees, suppliers and any third-party information providers from and against all losses, damages, liability, claims, demands, causes of action and judgments, including but not limited to attorneys’ fees and court costs, arising in connection with the Client’s use of this site or any activity related to his account (including negligent or wrongful conduct) by him or any other person accessing the site using his Internet account.
FUNPLAY does not and cannot review all communications and material posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. The Client acknowledges that by providing him with the ability to view and distribute user-generated content on the site, FUNPLAY is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, FUNPLAY reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to FUNPLAY in its sole discretion.
All contracts between FUNPLAY and its Clients are deemed to be made in Romania and are governed by the laws of Romania.
FUNPLAY tries and wants to resolve any disputes amicably. If the Client does not wish to settle the conflict amicably, competence is at the competent courts of Bucharest, Romania. Force Majeure claimed and proven by one party under the law, exonerate the parties from their obligation, except for the payment obligation for services already rendered.
FUNPLAY controls and operates this site through its headquarters in Bucharest, Romania and makes no representation that its materials are appropriate or available for use in other locations. If a Client uses this site from other locations, he is responsible for compliance with applicable local laws. This site may describe products that are not available worldwide. If any provision of these terms or conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action the Client may have with respect to this site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the Romanian law, without regard to its conflicts of law provisions.
The material on this site could include technical inaccuracies or other errors. The Client’s use and browsing of this site is at his own risk. Neither FUNPLAY nor any other party involved in creating, producing or delivering this site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the Client’s access to, or use of, the site. FUNPLAY does not warrant that the functional aspects of this site will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or other harmful components. If the Client’s use of this site or the material contained on the site results in the need for servicing or replacing property, material, equipment, or data, FUNPLAY is not responsible for those costs. Without limiting the foregoing, everything on the site is provided to you "AS IS" and "AS AVAILABLE" without warrantee of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
IN NO EVENT FUNPLAY WILL WE BE LIABLE TO THE CLIENT FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR THE CLIENT USE OR THE PERFORMANCE OF ANY PRODUCT, REGARDLESS OF WHETHER FUNPLAY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FUNPLAY LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EXCEED THE AMOUNT PAID BY THE CLIENT FOR THE PRODUCT.