Terms and Conditions

Funday.co.za

Your access to this website is conditional upon your acceptance and compliance with the terms, conditions and disclaimers contained in these terms of use.

Your use of, and/or access to, this site constitutes your agreement to the terms of use.

Funday.co.za reserves the right to amend the terms of use by posting the revised terms at any time without notice to you. We recommend that you read the terms of use carefully and refer back to them periodically.

The primary purpose of funday.co.za is to supply customers with party and related products. We don’t have a physical shop where you can buy from. We don’t do event planning, party setup or décor.

Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy. In general Funday.co.za will not sell or rent your personally identifiable information to anyone.

Intellectual Property Rights

All information, text, material and graphics on this site are copyright Funday.co.za unless otherwise indicated.

The content on this site is updated periodically. Users are not entitled to modify, copy, reproduce, republish or distribute this content in any way unless permission from Funday.co.za has first been obtained.

Users must not use this site in any manner or for any purpose which is unlawful or in any manner which violates any right of Funday.co.za or which is otherwise prohibited by the terms of use.

Purchasing through Funday.co.za

Prices
The price of each product is displayed below the product. Prices are subject to change at any time without notice. Courier / postage will apply in addition to the price indicated on the website. Where discounts are applicable through special offers, discounts are available only at the time of purchasing. We will take all reasonable efforts to maintain correct prices on the website. However, should errors occur or items are offered at incorrect prices, Funday.co.za will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

Payment
Payment may be made via EFT or Bank Deposit. Orders must be paid within 7 working days after order placement otherwise the order will be cancelled. The exact amount must be paid. Please use your order number as reference. If any other references are used this could lead to a delay in processing your order. All orders must be paid in full before they are processed.

Delivery Cost and Method
For orders under R1000, delivery cost is R135 for delivery to your door within South African borders only. Some remote areas may have an additional surcharge. If you choose the delivery option, the delivery fee will be added to your order. We offer free delivery on orders over R1000. Delivery to remote areas for which there are the additional delivery surcharge, do not qualify for free delivery. The cost of the delivery is subject to change without notice.
NO order will be couriered without proof of payment. Orders cannot be delivered to a PO Box.
The risk of loss pass to you upon our delivery to the courier. Delays on deliveries which has to be supplied by third party providers will not change the above payment terms.
Should any item shipped by Funday.co.za be returned, having not reached its intended destination due to an incomplete or erroneous address or other postage problem, Funday.co.za reserves the right to contact the Customer to confirm their shipping details, and charge the Customer an appropriate amount for postage and handling in order to recoup both the time and physical cost of sending an item multiple times. Upon receipt of this additional postage and handling fee, the item will be re-shipped to the Customer’s nominated address.

Agreement of Sale
Placing an item in the shopping basket does not constitute and agreement of sale between Funday.co.za and the user. We will not be held liable if such items are not available when the order is completed later. An agreement of sale between Funday.co.za and a user only comes into effect if and when a deposit reflects on our bank statement. Funday.co.za shall only be liable to refund monies already paid by the user.

Refunds
Funday.co.za endeavours to accurately display all our products online. If you have received a product which is different to the product displayed online we will collect the item from you and will make a reasonable effort to exchange the product. If the replacement is not possible, we will refund the purchase price of the product. If the product has been displayed accurately and you no longer want the product once you have received it, you may return it at your own cost within 7 days, and we will gladly exchange it for you. Products will only be exchanged if they are unused and in their original packaging. Funday.co.za takes care to pack all orders carefully and to minimize damages as much as possible. If on the rare occasion that a product is damaged in transit, please contact us to arrange a replacement of the product, provided the package has not been opened and we can see it was damaged in transit. If a refund is due to you, it will be processed and a credit will be automatically applied to your credit card or original method of payment within 7 days. Please note that depending on your credit card company or bank, it may take an additional 2-10 business days for the amount to reflect in your account.

Disclaimer and Limitation of Liability

The South African Trade Act and similar State and Territory Legislation confers certain rights and remedies on consumers in relation to the provision of services by this site which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with the disclaimers and other conditions set out below the Statutory Rights shall prevail provided that the offending disclaimer or condition shall be read down to the minimum extent required to avoid offending the Statutory Rights or if necessary shall be severed on the basis that the remainder of the disclaimer and the conditions shall continue to apply to the maximum extent possible. This Disclaimer shall exclude all other conditions and warranties implied by custom, law or statute.

Subject to the Statutory Rights:

1. All content is provided “as is” and without warranties of any kind, either express or implied,
2. Funday.co.za expressly disclaims all warranties of any kind including, without limitation, implied warranties of merchantability and fitness for a particular purpose,
3. Funday.co.za does not warrant that the functions contained in any content or any communications facility or user or member access to this site will be uninterrupted or error-free, that any defects will be corrected or that this site or the server which stores and transmits content to you are free of viruses or any other harmful components,
4. Funday.co.za does not warrant or make any representation regarding user or member access to, or the results of user or member access to, this site (including any linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and
5. Users and members (and not Funday.co.za) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content.

Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of Funday.co.za) will Funday.co.za or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, this site or any content.
Users and members expressly acknowledge and agree that Funday.co.za does not exert control over other users and members of the site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, Funday.co.za’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Funday.co.za to

1. The supply of the services again, or
2. The payment of the cost of having services supplied again.

Termination

The Terms of Use are effective until terminated or amended by Funday.co.za. Funday.co.za may terminate this agreement and user and member access to this site at any time without notice. In the event of termination, all restrictions imposed on users and members, licenses granted by users and members and all Funday.co.za disclaimers and limitations of liability set out in the terms of use will survive. In the case of members, Funday.co.za’s liability will be limited to a refund of any unused portion of any subscription fee paid.

Miscellaneous

This agreement will be governed by and construed in accordance with the laws of Sasolburg, South Africa. Users and members irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Sasolburg. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.