FUNKO TERMS AND CONDITIONS
Last updated: 12th October 2020
Welcome to funkoeurope.com. This is the main website for Funko UK Ltd, a limited liability company incorporated in England and Wales with company number 10506769, with registered address at 21 Holborn Viaduct, London, EC1A 2DY ("Funko"). Funko owns and maintains funkoeurope.com along with our related websites, and other services provided by us (the “Service”) through which users may purchase certain products. These Terms and Conditions govern your use of the Service, including your purchase of products via the Service.
THIS IS A BINDING CONTRACT BETWEEN YOU AND FUNKO. BY CLICKING “ACCEPT”, OR OTHERWISE ACCESSING AND USING THE SERVICE, YOU ACCEPT AND AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, TO BE BOUND BY THESE TERMS AND (TOGETHER, THESE “TERMS”). YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICE OR ANY OF THE FEATURES OR PRODUCTS AVAILABLE THROUGH THE SERVICE UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM CAREFULLY. YOU MAY NOT PROCEED TO THE SERVICE UNTIL YOU HAVE READ THESE TERMS AND SIGNIFIED YOUR ACCEPTANCE OF THEM. YOUR USE OF THE SERVICE CONSTITUTES ACCEPTANCE OF THESE TERMS.
Funko may periodically modify these Terms on a going-forward basis at any time upon 14 days’ notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon the earlier of your receipt of notice or your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If you do not agree to any change to the Terms, you must cease use of the Service. Your continued access and use of the Service signifies your acceptance of the Terms as modified.
Funko may terminate your use of the Sites and its contract with you if you do not comply with these Terms.
1. Funko Products
The Service provides you with the ability to access various Funko products, content and services, including Funko collectibles, software, games and customised products (the “Products”). From the Service, learn about upcoming Funko events and promotions, and manage your Funko collections. All of the Products accessible through the Service are for your personal, non-commercial use only and your access to and use of them are subject to these Terms.
The Products are subject to change and, in some cases, may be subject to additional terms, policies, rules, or guidelines that we may post on or link to from the Service and that you accept (“Supplemental Terms”). For example, additional terms apply to, contests conducted via the Service.
Funko will notify you of these Supplemental Terms in connection with the applicable Product or otherwise. All Supplemental Terms are incorporated by this reference into, and made a part of, these Terms.
Some of the features of the Service require you to create a user profile or user account and some require you to pay a fee. Funko will notify you when this is required. In addition, when you access the Sites through a mobile network, your mobile network provider's messaging, data and other fees may apply.
2. Proprietary Rights and License
All of the products, content and services available through the Sites are protected by intellectual property or other laws, and are property of Funko or its third-party licensors. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), and any other material or information published on or used in connection with the Service (collectively, the “Service Content”). Similarly all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, Funko or the Products available through the websites ("Marks") are owned by Funko or it licensors. Except as expressly authorized by Funko, you do not obtain any rights in any of the products, content, or services available on the Service or other Service Content or the Marks by your use of the Service or otherwise. All rights in the products, content or services and other Service Content and Marks are reserved to their respective owners. This paragraph will survive termination of the Terms.
Subject to your complete and ongoing compliance with these Terms, Funko grants you a personal, non-commercial use, a non-transferable, non-sublicensable, revocable, and non-exclusive limited license to access and use the Service for your own personal, non-commercial use. This license includes the right to (a)access and use the Service, and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. Funko may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Service or the Service Content.
In addition to the above license, some products, content and services may have their own license terms, which are in addition to these Terms.
3. License Restrictions and User Guidelines
As above, the license granted to you by Funko is limited. It is also subject to certain restrictions. Unless Funko give you express written authority, you may not (a) resell any of the products, content or services or any other Service Content (or any portion thereof) on the Service; (b) reproduce, distribute, publicly perform, or publicly display any of the above; (c) modify or make any derivative uses of the Service or the Service Content (or any portion thereof); or (d) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
By using the Service you agree not to:
use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Service Content or other content or information used by the websites;
create more than one User Account;
violate the restrictions in any robot exclusion headers on the Service or circumvent any other measures used to prevent or limit access to the Service or interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
take any action that imposes, or may impose, in Funko's sole discretion, an unreasonable or disproportionately large load on our infrastructure;
engage in deep-linking to any portion of the Service for any purpose;
“frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;
use the Service or the Service Content other than for their intended purpose;
post content to the Service in violation of the Terms;
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
sell or otherwise transfer the access granted under these Terms or any Service Content or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described above or assist or permit any person in engaging in any of the acts described above.
Any use of the Service or Service Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of Funko’s intellectual property and other proprietary rights and a violation of applicable law.
4. Eligibility; Creating an Account
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Funko offers a variety of Products the Service. Some of these are available without charge and others require you to pay a fee. Funko will notify you in advance if a fee is required.
However, many of the features available through the Sites require you to set up an account ("User Account") to access them. If you already have a Funko User Account, you may be able to use that rather than create new account. When you set up a User Account, you will be asked to provide certain information about yourself, including your first name, last name, email address, and other information. You will also be asked to select a unique password for your User Account, and you agree that you are solely responsible for maintaining the confidentiality of the password. You accept responsibility for all activities that occur under your User Account. You may use your User Account to update, revise or delete your Registration Data (as defined below); purchase products; and otherwise manage your orders and use of and interaction with the Service. By registering for a User Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person's username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your User Account password and identification; (d) to maintain and promptly update the Registration Data, and any other information you provide to Funko, to keep it accurate and current; (e) to accept all risks of unauthorized access to the Registration Data and any other information you provide to Funko; and (e) to notify Funko immediately of any unauthorized use of your User Account or any other breach of security by emailing us at [email protected]
By setting up an Account, you represent and warrant that:
all the information you submit for your User Account is true and accurate;
you are at least 18 years of age;
you have reviewed these Terms; and
you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. Funko may suspend or terminate your User Account at any time and without advance notice where you are in breach of these Terms or any Supplemental Terms. If Funko suspends or terminates your User Account or this agreement, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any content or data associated with your User Account, or for anything else. You may terminate your User Account and these Terms at any time by contacting customer service at [email protected]
5. General Purchase Terms
Some of the features of the Service require you to set up a User Account in order to purchase related Funko Products. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable unless other stated in our refund policy available here. Funko, at its sole discretion, may make promotional offers with different features and different pricing to any of Funko’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
All purchases from the Service are subject to these Terms, including Funko's policies for cancellations, replacements, shipping, pricing, and payments all of which are located at: https://www.funko.com/terms-and-conditions. In addition, some purchases are subject to individual purchase terms and instructions, which are listed on the applicable product page(s). Before making any purchase, you should be sure to read the Terms and related policies.
You authorize Funko to charge all sums for the orders that you make as described in these Terms or published by Funko, including all applicable taxes, to the payment method specified in your User Account. If you pay any fees with a credit card, Funko may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Funko attempts to ensure that the content, product descriptions, prices, and other information on the Service are as accurate as possible. However, Funko does not warrant or guarantee that any information on the Service is accurate, complete, or error-free, and Funko undertakes no commitment or obligation to update any content, product descriptions, or other information on the Service. Funko may at any time change the contents, product descriptions, or other information on the Service, and/or any aspect of the Service, without prior notice. Funko also reserves the right to limit quantities of any Funko Product purchased by any individual customer, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Funko’s sole discretion.
As to Products that may be featured on the Service, Funko makes every effort to display as accurately as possible such Products. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment. Funko cannot guarantee that your equipment will accurately display the details of our Products.
By purchasing Products, you agree to comply with all of the Terms. You also represent that you are 18 years of age or older. If a purchase is made by a minor, Funko is under no obligation to offer a refund but may do so at its discretion.
You can purchase Products from the Service. When you purchase these items, Funko ships them to you according to Funko's payment, shipping and return policies. When you purchase such Products, you own the physical item. But you do not obtain any rights in any of the intellectual property embodied in these items. Funko retains all copyright, trademark, trade dress and other rights in them and your use of them is subject to Funko's retained rights.
7. Communications with Funko
Funko likes to hear from you. However, in your communications with Funko, please keep in mind that, unless we specifically request them, Funko does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Service, by e-mail or in any other way, and Funko does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to Funko via the Service, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Service (collectively, "Your Submissions") will be treated as non-confidential and nonproprietary, and Funko will not assume any responsibility, obligation, or liability for them or for Funko's receipt or non-receipt of them. Funko may delete or destroy Your Submissions at any time. Funko's receipt of Your Submissions is not an admission by Funko of their novelty, priority, or originality, and it does not impair Funko's right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Funko, you grant Funko a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Funko under these Terms, do not and will not infringe any right of any third party. The foregoing is subject to Funko’s obligations under applicable data protection laws.
Funko reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Service or its information technology or other systems or networks, (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Service, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of these Terms to the full extent of the law, (e) delete or modify any content on the Service, including any materials or items you may have acquired through your use of the Service, and (f) discontinue any of the Service or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
9. Banners, Advertisements and Promotions
Funko reserves the right to post banners, advertisements, promotions, and similar content throughout the Service. Funko may also allow advertisers and corporate partners to post content on the Service. This content may be targeted to users based on information they provide through use of the Service or other information. Funko does not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Service (including via the linked third-party Service) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). Funko disclaims all liability in connection with them. The foregoing is subject to Funko’s obligations under applicable data protection laws.
10. Limitation of Liability
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. Our liability for such loss or damage shall not exceed the purchase price of the Product
In no case shall we limit our liability where it is unlawful to do so or if it concerns our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products, including the right to receive Products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Products.
11. Force Majeure
Without limiting any provision in the previous section, Funko shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of Funko’s obligations in relation to Funko Products if the delay or failure was due to any cause beyond Funko’s reasonable control. We will contact you as soon as possible to let you know of the delay or failure, and will take stops to minimize the effect of the delay. Provided we do this, then we will not be liable for delays causes by the event, but if there is a risk of a substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received. Causes beyond Funko’s reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; epidemic, pandemic, or viral outbreak; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Funko or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure.
12. Term, Termination and Modification of the Service
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.b.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. You may terminate your account and these Terms at any time by contacting customer service at [email protected]
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Funko any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination, this Section 12, and Sections 10, Error! Reference source not found.10, 13, and other provisions expressly stated as surviving, will survive.
Modification of the Service. Funko reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Funko will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
These Terms, together with Supplemental Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Funko regarding your use of the Service and purchase of the Products.
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
Throughout these Terms the use of the word “including” means “including but not limited to”.
If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of England and Wales. Jurisdiction for any claims arising under these Terms shall lie with the competent courts of England and Wales.
Online Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint or issue, you may want to contact the alternative dispute resolution provider we use. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
Contact Information. The Service is offered by Funko UK Ltd, of Holborn Viaduct, London, EC1A 2DY. You may contact us by sending correspondence to that address or by emailing us at [email protected]
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.