Our Policies

Terms & Conditions

These Terms and Conditions constitute the entire agreement between you, the customer, and FunkyMonkeyStuff, a division of FunkyMonkeyToys (Pty) Ltd ("FunkyMonkeyStuff", "us", "we", "our"). If you visit or shop at FunkyMonkeyStuff.co.za, or if you create hyperlinks to FunkyMonkeyStuff.co.za, you accept and agree to comply with the most recent version of this agreement in its entirety. When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.

We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.

No hidden fees or buying obligations

There are no fees for registering, or for having an account, with FunkyMonkeyStuff.co.za. There are no buying obligations – you order what you want, when you want to.

No unsolicited emails

You do not have to agree to sign up for our mailing list. You can opt-out of our mailing list, at any stage, on the website or by contacting us directly. You can choose whether or not you want to receive availability notifications for wishlist items.

This is the privacy policy for FunkyMonkeyStuff. We invite you to contact us if you have any questions about this policy. Please email us on loren@funkymonkeystuff.co.za.

We respect your privacy. Callouts like this are a summary of our privacy policy and contain the most important and relevant points for you. Please read the full privacy policy because it applies to you.

Introduction

Welcome to our privacy policy. We are FunkyMonkeyStuff, a division of FunkyMonkeyToys (Pty) Ltd (Registration number 2021/012642/07) and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person (personal information).

The purpose of this policy is to describe the way that we handle your personal information.

Audience

This policy applies to you if you are:

a visitor to our website; or
a customer who has ordered the goods or services that we provide.

This policy applies to you under certain circumstances.

Personal information

Personal information includes:

certain information that we collect automatically when you visit our website;
certain information collected on registration (see below);
certain information collected on submission; and
optional information that you provide to us voluntarily (see below);

but excludes:

information that has been made anonymous so that it does not identify a specific person;
permanently de-identified information that does not relate or cannot be traced back to you specifically;
non-personal statistical information collected and compiled by us; and
information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds, or discussion board (because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy).

Personal information includes information we collect (i) automatically when you visit our website, (ii) on registration, (iii) on submission, and (iv) from you voluntarily. It excludes (i) anonymous, (ii) de-identified, (iii) non-personal statistical, and (iv) public information.

Common examples
Common examples of the types of personal information which we may collect and process include your:

identifying information – such as your name, date of birth, or identification number of any kind;
contact information – such as your phone number or email address;
address information – such as your physical or postal address; or
demographic information – such as your gender or marital status.

Sensitive personal information
Depending on the goods or services that you require, we may also collect sensitive personal information including your:

financial information – such as your bank account details, should we need to refund you to your bank account;

Acceptance required
You must accept all the terms of this policy when you order any of our goods or order, register for, or use any of our services. If you do not agree with anything in this policy, then you may not order any of our goods or order, register for, or use any of our services.

You may not order any of our goods or order, register for, or use any of our services if you do not accept this policy.

Legal capacity
You may not access our website or order our goods or services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.

Deemed acceptance
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

Your obligations
You may only send us your own personal information or the information of another data subject where you have their permission to do so.

Changes

We may change the terms of this policy at any time by updating this web page. We will notify you of any changes by placing a notice in a prominent place on the website or by sending you an email detailing the changes that we have made and indicating the date that they were last updated. If you do not agree with the changes, then you must stop using the website and our goods or services. If you continue to use the website or our goods or services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted those updated terms.

Collection

On registration
Once you register on our website, you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website.
This personal information may include any or all of the following:

your name and surname;
your email address;
your telephone number;
your company name, company registration number, and VAT number;
your postal address or street address; and
your username and password.

We will use this personal information to fulfil your account, provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.
We collect certain information on registration, when you register on our website.

On order
When you order any goods or services from us, you will be asked to provide us with additional information on a voluntary basis (goods information or services information).
We collect certain information when you order any goods from us or make use of our services, necessary to provide the good or services to you.

From browser
We automatically receive and record Internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.
We collect certain information from your web browser, including your Internet usage information when you visit our website.

Cookies
We may place small text files called ‘cookies’ on your device when you visit our website. These files do not contain personal information, but they do contain a personal identifier allowing us to associate your personal information with a certain device. These files serve a number of useful purposes for you, including:

granting you access to age restricted content;
tailoring our website’s functionality to you personally by letting us remember your preferences;
improving how our website performs;
allowing third parties to provide services to our website; and
helping us deliver targeted advertising where appropriate in compliance with applicable laws.

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. Many websites use cookies and you can find out more about them at www.allaboutcookies.org.
We collect certain information from cookies that we may send to your computer to try and give you a personalised experience.

Third party cookies
Some of our business partners use their own cookies or widgets on our website. We have no access to or control over them. Information collected by any of those cookies or widgets is governed by the privacy policy of the company that created it, and not by us.

Web beacons
Our website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
We collect certain information from web beacons on our website to compile anonymous information about our website.

Optional details
You may also provide additional information to us on a voluntary basis (optional information). This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of our website.
We collect certain optional information, that you provide when you upload or download content from our website or when you enter competitions, take advantage of promotions, respond to surveys or register and subscribe for certain additional services.

Recording calls
We may monitor and record any telephone calls that you make to us.

Purpose of collection
We may use or process any goods information, services information, or optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:

goods purposes – such as collecting orders for, supplying, and supporting our goods;
services purposes – such as collecting orders for and providing our services;
marketing purposes – such as pursuing lawful related marketing activities;
business purposes – such as internal audit, accounting, business planning, and joint ventures, disposals of business, or other proposed and actual transactions; and
legal purposes – such as handling claims, complying with regulations, or pursuing good governance.

We may use your usage information for the purposes described above and to:

remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
monitor website usage metrics such as total number of visitors and pages accessed; and
track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

Consent to collection
We will obtain your consent to collect personal information:

in accordance with applicable law;
when you provide us with any registration information or optional information.

We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.

Use

Our obligations
We may use your personal information to fulfil our obligations to you.

Messages and updates
We may send administrative messages and email updates to you about the website. We may wish to provide you with information about new goods or services in which we think you may be interested. This means that in some cases, we may also send you primarily promotional messages. We will not send you promotional messages unless you have chosen to opt-into them. But, we may send you one message asking you to opt-into promotional messages without you having opted-into promotional messages.
We may use your information to send you administrative messages and email updates to you regarding the website and for marketing purposes where lawful.

Targeted content
While you are logged into the website, we may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.
We may use your information for targeted content in certain, specified instances.

Disclosure

Sharing
We may share your personal information with:

other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);
credit bureaus to report account information, as permitted by law;
banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria); and
other third parties who provide us with relevant services where appropriate.

We may share your personal information with third parties for the purposes of fulfilling our obligations to you among other purposes.

Regulators
We may disclose your personal information as required by law or governmental audit.

Law enforcement
We may disclose personal information if required:

by a subpoena or court order;
to comply with any law;
to protect the safety of any individual or the general public; and
to prevent violation of our customer relationship terms.

We may disclose personal information to third parties if required for legal reasons.

No selling
We will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

Marketing purposes
We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

Employees
We may need to disclose personal information to our employees that require the personal information to do their jobs. These include our responsible management, human resources, accounting, audit, compliance, information technology, or other personnel.

Change of ownership
If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

Security

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorize access to personal information only for those employees who require it to fulfil their job responsibilities. We implement disaster recover procedures where appropriate.

Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

Accurate and up to date

We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, emailing us, or phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.

Please keep your personal information accurate and up to date by accessing your account online, emailing us, by phoning us.

Retention

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:

retention of the record is required or authorised by law; or
you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.

We may retain your personal information in physical or electronic records at our discretion.

We will only retain your personal information for as long as is necessary.

Transfer to another country

We may transmit or transfer personal information outside of the country in which it was collected to a foreign country and process it in that country. Personal information may be stored on servers located outside the country in which it was collected in a foreign country whose laws protecting personal information may not be as stringent as the laws in the country in which it was collected. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.

We may not transfer your personal information outside the country in which it was collected to a foreign country without your permission. OR We may transfer your personal information outside the country in which it was collected to a foreign country.

Updating or removing

You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website or contacting us by phone or email.

You may choose to update or remove the personal information you have submitted to us.

Limitation

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.

Enquiries

If you have any questions or concerns arising from this privacy policy or the way in which we handle personal information, please contact us.

Last updated: 06/02/2021

Security Policy

We take security very seriously. Our servers have been rigorously checked to ensure that they are not vulnerable to unauthorised access and activity on the servers is continually monitored.

Credit card security

We use well-known and reputable third party card payment service providers to access secure card payment services.

When accessing our website from a web browser, the authenticated session may only be ended when you explicitly choose sign out or automatically after about 15 minutes of inactivity, so you don't have to remember to sign out. It is essential to preserve the security of all devices used for accessing our website using a web browser, especially where the web browser or a password management tool has been used to store your FunkyMonkeyStuff password.

You agree that once the correct username and password for your account have been used to authenticate a session, you will be liable for purchases paid for in the resulting authenticated session, except where the purchase is cancelled by you in accordance with these Terms and Conditions. You will be liable for payment of purchases irrespective of whether the use of your username and password is unauthorised or fraudulent, and you expressly indemnify FunkyMonkeyStuff against any loss you may incur, financial or otherwise, that may result from fraudulent or unauthorised use of your account.

While an authenticated session in your web browser may only end automatically after about 15 minutes of inactivity, the web browser may remain signed into your account unless you explicitly choose to sign out. In a signed-in but unauthenticated session, your cart and wish lists may be viewed and altered without having to re-authenticate using your password, but access to other account information or placing of orders or purchasing of gift vouchers will require re-authentication. You are liable for any activity on your account while you remain signed in.

You agree to notify FunkyMonkeyStuff immediately upon becoming aware of or reasonably suspecting any unauthorised access to your account and to take steps to mitigate any resultant loss or harm.

We value your privacy and all information about you and your account is handled in accordance with our Privacy Policy.

Last updated: 06/02/2021

Returns Policy

General Returns
Most items purchased on FunkyMonkeyStuff can be returned to us for a full refund. Please contact us at loren@funkymonkeystuff.co.za if you are unsure if an item is returnable.

We will not be able to accept the return of an item under our general returns policy in the following situations:

If we receive a returned item later than three weeks after the date of dispatch
if the item is not in mint condition
if it is a non-returnable item
if the seal is broken.

All items need to be returned unopened/sealed.

Statutory Returns
Section 44 of the Electronic Communications and Transactions Act may apply to your order. Section 44 is only applicable if you are a natural person – in other words, a human being. You must also be the end user of the goods or service. If you qualify as a consumer under the ECT Act, you may be entitled to cancel some electronic transactions within seven days, without reason or penalty.

You must return any goods in new condition with all packaging and materials. We will refund the purchase price of the goods (minus the direct costs of returning the goods) within 30 days of the date of cancellation. This may not be applicable to Pre-Loved Toys.

The original delivery charge will not be refunded and the cost for returning the parcel is at your expense. Please include your order or invoice number in the box of the return so that your refund can be processed.

The following goods cannot be returned in terms of the ECT Act:

Unsealed video games, software or other audio or video recordings,
Books, magazines or other periodicals,
Items we have specially sourced for you, and
Underwear, swimwear bottoms, or jewellery for piercings.

Section 56 of the Consumer Protection Act may also apply to your order. Section 56 will only apply if:

you are a natural person – in other words, a human being, or
a juristic person (like a company, trust or closed corporation) with an annual turnover of less than R2 million.

If you qualify as a consumer in terms of the CPA then all of our goods sold to you are sold with an implied warranty of quality against any defects for six months of normal household or business use, from the time we supplied the goods.

Defective goods are those that had a defect or were unsafe when we supplied them. A defect usually means that the goods were manufactured using materials, components or workmanship below an acceptable standard. You must prove that goods are defective.

We will replace, repair, or refund the price of any defective goods that you return to us during the six-month statutory warranty. For Pre-Loved Toys are sold voetstoots and no refund will be given on them.

We will refund the reasonable postal and insurance costs of returning defective goods. We may inspect the goods to confirm that they are defective before we do so.

Our customer services department may tell you that they do not believe you have a claim, for example because the warranty period of the goods has expired. In this case we may refuse to replace goods, or refuse to pay a refund

Deliver the defective physical goods under warranty to us or post them by normal prepaid registered post, insured against loss, damage and theft. The postal address for all returns are the same as for our customer services department, details of which are below.

Once we have received the package, we will notify you that we have received the physical goods. Please allow 10 working days from the date on which you sent the envelope or package for it to reach us. If we have not notified you within 10 working days, please contact the postal service that you sent the package through and try and establish whether it has been delivered to the correct address.

If you claim that our goods are defective, our technicians will examine the goods for defects. In the case of physical goods, our technicians will examine the actual goods. They will report to us whether the goods were defective, were misused or are of good quality. If our technician reports that the goods were misused, were of good quality, were not provided to you for a specific purpose or were suitable for that purpose, then we will not replace or refund the goods.

If you choose for us to replace or repair the goods, we will contact you as soon as reasonably possible to organise the necessary steps to repair or replace the goods.

If you choose for us to make a refund, we will contact you and arrange payment of the refunded amount into a bank account of your choice within 30 days of cancellation.

If we do not accept that we supplied defective or unsuitable goods, and our customer services department has not been able to help, any customer may still take the matter up with the consumer goods and services ombudsman or other dispute resolution body, or take legal action. The dispute resolution procedures under the CPA do not necessarily apply to all transactions with us. This policy does not exclude any other rights customers may have.

We aim for complete customer satisfaction. We respect our customers’ rights and always try to comply with best practice and all relevant laws. If you are not satisfied with any of our goods, or have any questions, please contact our customer services department and have your invoice ready. We will try our best to solve your problem.

Incorrect items
We will either replace the item or refund you for any item that you receive that does not match the description advertised on the website. We will usually need you to return the item to us at no additional cost to yourself. This may not be applicable to Pre-Loved Toys.

Please contact us at loren@funkymonkeystuff.co.za within 24 hours where the item is not what you ordered.

We will refund the price of any defective goods that you return to us during the six-month statutory warranty.

Warranty support - computers and electronics

All COMPUTERS and ELECTRONICS products sold by FunkyMonkeyStuff (excluding Gaming Consoles) carry their full manufacturer's warranty as stipulated by the official South African distributor, unless otherwise specified. Such warranty is usually, but not limited to, 12 months and if not stipulated on the funkymonkeystuff.co.za website can be requested by contacting loren@funkymonkeystuff.co.za. Items under warranty are sent to the relevant supplier or official service centre for repair or replacement. Such Manufacturer Guarantee is restricted to the costs of repair or replacement of faulty goods or refund of the purchase price at the sole discretion of FunkyMonkeyStuff and its suppliers after investigation and/or testing of goods. Defective software may only be exchanged for the identical item.

All Hardware Manufacturer Guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, seals on equipment have been broken by anyone other than the manufacturer’s representative or if the goods have been operated outside the manufacturer’s specifications.

Under no circumstances will FunkyMonkeyStuff be liable for any damage arising from any misuse or abuse of the goods. FunkyMonkeyStuff cannot be held responsible for any data loss whatsoever from storage media returned for exchange or repair.

Please ensure that all games and software are compatible with your current hardware, operating system or console as FunkyMonkeyStuff cannot be responsible for system incompatibilities. System requirements are usually available on the publisher’s official website. If you are still unsure of whether the item is compatible with your system, please contact loren@funkymonkeystuff.co.za for further confirmation.

Prices

At the moment, FunkyMonkeyToys (Pty) Ltd is not registered for VAT. The prices displayed are inclusive of 15% VAT. Delivery costs are charged separately on check out and do not form part of the product price displayed.

Though we endeavour to ensure that the prices displayed on the website are accurate, we offer many products for sale at any time and it is impossible for us to monitor the prices of all individual products manually. While we go to lengths to ensure that the prices we display are accurate, we may be reliant on our suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price, and will correct erroneous prices as soon as we become aware of them.

As part of our service, we may source products from all over the world and the prices we display for products on our website will fluctuate with exchange rates, and as our suppliers change their stock holdings and pricing. Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where our suppliers deplete their reserves of specially priced stock, we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.

Payments

If you pay by credit card, we may authorise (reserve) the amount of the order at the time of the order being placed and we will then debit the card as soon as we actually start processing the order. Any subsequent cancellations will be refunded to the card.

We do not store your credit card details. Our acquiring bank may allow us to transact on cards that we've used in the previous 6 month period by using partial card details and referring to the previous successful transaction on that card. If applicable, you may be able choose to pay on your previously used card during the checkout process.

We may require further authentication on credit card payments, which we will request from you after you have submitted your payment.

If you pay directly into our bank account and need to be refunded, we will refund the amount to your FunkyMonkeyStuff customer account.

All refunds will be credited to your customer account.

There is no interest payable on the balance in your customer account.

Delivery

For deliveries we use various couriers. We reserve the right to use any service providers as needed.

You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout process.

For further information regarding our delivery rates and terms & conditions.

Please contact us if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it.

You accept that in order for us to prove delivery of an order, or part there of, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery.

In the case of post office or depot collections, we need to prove that somebody, not necessarily you, collected the delivery from the depot or post office. Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.

Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to either have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.

Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such notification being sent.

Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within seven days of you having received the package.

Delivery made to areas outside of the delivery areas of our service provider will be charged at higher rates and must be paid by the customer in addition to the price of the product purchased.

Age restrictions and age suitability

The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by you on the Website, that these restrictions are observed, that you are over 18 where applicable, and that any product bought is age appropriate. Accordingly, you indemnify FunkyMonkeyStuff from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the FunkyMonkeyStuff Website registration process.

Delayed / cancelled orders

Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. Items can run out of stock or be discontinued without warning, and we may not be able to fulfil orders for that item. We will do our best to keep you informed of any unexpected delays, stock shortages or discontinued items.

If we are not able to dispatch or deliver an item to you within the schedule provided, you may refuse a delivery, cancel your order or return the parcel to us, and we shall refund you in full.

Agreement of sale / cancellations

An order is placed with us only after you have clicked on the pay button. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods or you have collected them from us. We do not need to communicate our acceptance to you.

Placing an item in your cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed.

We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that order.

Please note that our website will show an item as being available even if only one unit is available to purchase. If you order multiple units of the same item, we may not be able to supply additional units at the same price, within the same time frame, or in some cases, at all. Please contact us to check availability of multiple units prior to placing an order.

Should you wish to cancel all or part of an order, please send your cancellation request to loren@funkymonkeytoys.co.za. Please note, however, that we may not be able to cancel items from an order if they have already been dispatched by our suppliers.

Competitions

Competitions will be subject to terms and conditions and these are provided during the time the competition runs.

Promotional Vouchers

Promotional Vouchers cannot be transferred or redeemed for cash. If you are claiming a voucher which has been distributed for Marketing purposes, then only 1 voucher can be claimed against an order i.e. only 1 voucher per order, per customer will be allowed. FunkyMonkeyStuff reserves the right to terminate or expire promotional vouchers at any time at their own discretion.

VAT and 3rd Party Services

While we will endeavour to ensure pricing is updated when the VAT rate changes, the pricing for FunkyMonkeyStuff items depicted on certain 3rd party services may temporarily be inaccurate until such time that such services update their systems to the new prices.

Using and Accessing Funky MonkeyStuff

This site is for personal use only. You may not make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to FunkyMonkeyStuff web pages as long as such links do not portray FunkyMonkeyStuff or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.

Disclaimer and limitation of liability

This site is provided "as is", and you use this site at your own risk. Neither FunkyMonkeyStuff, its directors, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.

We make no representations or warranties of any kind, whether express or implied.

We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.

The views and opinions expressed in all the books on our site are those of the authors and do not necessarily reflect the views and values of our brand.

Force Majeure

No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.

If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.

If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.

Changes and acceptance of terms

We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.

Waiver

Any favour we may allow you will not affect or substitute any of our rights against you.

Severability

If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.

Governing law

This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.

Domicilium

Our domicilium citandi et executandi (physical address) for all purposes under this agreement is loren@funkymonkeystuff.co.za.

Our contact number is +27 60 405 5476.

Contacting FunkyMonkeyStuff

Please contact us at loren@funkymonkeystuff.co.za or +27 60 405 5476. We will always try to be as helpful as we can and solve any problems promptly.

Last updated: 06/02/2021

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