PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. 
We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site. 

1 DEFINITIONS 

1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller; 
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions; 
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller; 
1.5 “Seller” means Beeunique Ltd trading as FunkyEars of 252 Old Glamis Road, Dundee, DD3 0EU that owns and operates www.funkyears.co.uk 
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. 
1.7 “Website” means any site operated by, in affiliation with or in association with FunkyEars.
1.8 “Working Days” means Monday to Friday excluding public holidays.

2 CONDITIONS   
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer. 
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3 ORDERING   
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. There is no contract between the Seller and the Buyer until the Seller accepts the customer order by an email confirming that it has dispatched the item. Until that time, the Seller is within its rights to not accept any customer order.
3.2 The Buyer confirms acceptance of these Terms and Conditions by proceeding through checkout and confirming the order. 
3.3 All goods will remain the property of the Seller until paid for in full.

4 PRICE AND PAYMENT   
4.1 The price of the Goods shall be that stipulated on the Website. 
4.1.1 Unless stated on the Website to the contrary, the Price excludes delivery charges.
4.1.2 VAT where applicable will be included in the selling price. 
4.1.3 A VAT total for the order will be shown at checkout.
4.2 The total purchase price, including delivery charges, if any, will be displayed prior to confirming the order. 
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods. 
4.4 Payment of the Price plus delivery charges must be made in full before dispatch of the Goods. 
4.5 All prices shown on the FunkyEars website are in Pounds Sterling (GB £)
4.6 No other discounts or coupons can be used when an order is made using a ‘Bulk Buy’ price on the website.

5 RIGHTS OF SELLER 
5.1 The Seller reserves the right to cancel the order or Contract if:- 
5.1.1 The Seller has insufficient stock to deliver the Goods; 
5.1.2 The Seller does not deliver to the Buyer’s area; or 
5.1.3 One or more of the Goods was listed at an incorrect price due to any error. 
5.1.4 The Seller may choose not to accept an order for any reason. 
5.2  If the Seller does cancel the Contract, the Seller will notify the Buyer by e-mail and will re-credit to the Buyer’s account any sum deducted by the Seller from the Buyer’s account as soon as possible but in any event within thirty days of cancellation. The Seller will not be obliged to offer any additional compensation to the Buyer. 
5.3  Where the Goods or any part of the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a refund within thirty days. 
5.4  The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. 
5.5  The Seller reserves the right to withdraw any goods from the Website at any time. 
5.6  The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6 AGE OF CONSENT 
6.1 Where Goods may only be purchased by persons of a certain age the Buyer is agreeing they are over this age limit when placing an order and that they are of the appropriate legal age to purchase the Goods. 
6.2 If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice. 

7 WARRANTY 
7.1 The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.

8 DELIVERY 
8.1 Goods supplied within the UK will normally be delivered within fifteen working days of acceptance of order. For Next Day Delivery orders the delivery will be made within 1 working day of the order being posted (posting dates and deadlines will be shown on delivery page/faq). 
8.2 Goods supplied outside the UK will normally be delivered within twenty five working days of acceptance of order. Due to slow customs and/or local postal services deliveries to Italy, Israel & Brazil may take upto 50 working days.
8.2.1 Any import duty, vat and/or customs clearance fees that are applied to the parcel in your Country are beyond our control and will need to be paid by the buyer. 
8.2.2 Royal Mail limit International Parcels to a max of 2kg, orders over this weight will be split into 2 or more parcels. Some countries may charge import fees per parcel so please check this before ordering.
8.3 Where the Buyer and Seller have agreed a specific delivery, and where this delivery date cannot be met through no fault of the Buyer then, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a refund. 
8.3.1 The delivery period may be extended in cases of extreme weather conditions, postal/courier strike or other industrial action which may delay delivery, this will also apply to Next Day Delivery orders. Any possible delays will be mentioned in the announcements section of the website. 
8.4 The Seller shall use reasonable endeavor to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 
8.5 Delivery of the Goods shall be made by a third party to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 
8.5.1 If delivery is promised for a specific date and no-one is available to accept the delivery or if an incorrect or incomplete address has been provided then there would be no basis for claim for delayed or late delivery.
8.6 Dependant on overall order size and weight the delivery method may be via Royal Mail or courier.
8.7 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods. 
8.8 Any claim for non-delivery must be made within 30 days from date of dispatch for UK orders and 40 days from date of dispatch for non-UK orders.
8.8.1 Claims for late/delayed Next Day delivery orders must be reported to the Seller within 1 week of the posting date. 

9 CANCELLATION AND RETURNS 
9.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller in writing within 14 days should they wish to cancel the Contract or return any of the items. After 14 working days the Buyer shall be deemed to have accepted the Goods. 
9.1.1 The Buyer must contact the Seller for a returns number/authorisation before returning any goods. 
9.1.2 The buyer must contact the Seller within 7 days of delivery if any items are missing or damaged. 
9.2 Where a claim of defect or damage is made the Buyer shall be entitled to a full refund or replacement if, in the opinion of the Seller, the Goods are in fact defective. The damaged goods should be returned to the Seller within 14 working days who upon their receipt will process a refund or replacement and refund the return postage costs.  
9.3 If the Buyer cancels the Contract pursuant to clause 9.1 the Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey. The Buyer will within thirty days of the receipt of the Goods by the Seller receive a full refund of the monies paid for the returned items along with any original standard postage costs associated with these items. 
9.3.1 Where postage costs are to be refunded only standard postage costs and not optional postage extras such as Next Day, Recorded, International Insured or International Signed For will be refunded. 
9.3.2 If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer. 
9.3.3Returned items will remain the responsibility of the Buyer until they are received by the Seller. 
9.4 Where it does not contravene the Consumer Contracts Regulations 2014 (previously Distance Selling Regulations 2000) an item can only be returned if it is in an unused state with all original tags and labels still attached. 
9.5 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage. 
9.6 Where products are returned due to change of mind or incorrect item ordered the Seller will only issue a refund upon the return of the unused/undamaged items. The Buyer must notify the Seller within 14 days of receipt to request a returns number and items must be received back at the Seller’s address within 14 days of the returns number/authorisation being provided. For Health & Safety reasons earrings cannot be accepted for return unless faulty (this does not affect your statutory rights). 
9.7 Once authorised all items must be returned to the Seller within a reasonable time with the original order number, returns authorisation number (if applicable) and the Buyers full address enclosed within the package. Unauthorised or non-complaint returns will not be accepted. 
9.8 Items returned by the Post Office due to incorrect information such as buyer entered an incomplete address will be re-sent at the Buyers expense or refunded less the original postage cost.
9.9 Postage and Payment costs will not be refunded for non UK returns and cancellations and/or a restocking fee of upto 20% may apply. 
9.10 Any free, special offer or promotional items included with the original order must be returned at the same time e.g. buy one get one free will require both items to be returned to qualify for a refund. 
9.11 These cancellation rights will not apply to bulk or wholesale orders which the Seller class as Business transactions (bulk orders are defined as a purchase of ten or more of the same item).

10 REFUNDS
10.1 Refunds are generally processed using the same payment method the buyer used however the Seller may refund using an alternative method if required.
10.2 Any refund due which was caused by buyer error e.g. entering an incorrect code or optional delivery service will be refunded less any charges the Seller have or will incur due to this refund.
10.3 Where a buyer has requested an optional delivery method such as Recorded, Next Day or International Signed For the Seller will refund only standard postage costs in case of cancellation or authorised return.
10.4 When a buyer has not replied, cannot be contacted or a refund cannot be processed (e.g. expired card) the refund may be placed as a credit on the buyers account with Beeunique, any credit on an account not used within 3 months will be deemed as unclaimed and may be written off.
10.5 Refunds will be processed within 30 days of approval.

10 LIMITATION OF LIABILITY 
10.1  Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever. 
10.2  The Buyer must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from the Seller’s website. The importation or exportation of the Goods to the Buyer may be prohibited by certain national laws and the Seller makes no representation and accepts no liability in respect of the export or import of the Goods. 
10.3 The Seller shall have no liability to the buyer exceeding the price of the goods for any failure to deliver goods ordered or any delay in doing so.
10.3 The Seller shall have no liability exceeding the price of the goods for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
10.4 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11 WAIVER 
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12 FORCE MAJEURE 
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of time for it to fulfil its obligations.

13 SEVERANCE 
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

14 CHANGES TO TERMS AND CONDITIONS 
The Seller shall be entitled to alter these Terms and Conditions at any time. Any future contract between the Buyer and the Seller will be subject to any amendment to these Terms and Conditions prevailing at the time that future contract is entered into. This right to alter these Terms and Conditions shall not affect the Terms and Conditions accepted by the Buyer upon making any particular purchase.

15 DATA PROTECTION ACT 
15.1  Save as set out in these Terms and Conditions, the Seller will not disclose the Buyer’s information to third parties unless required to by law, for debt recovery or to prevent fraud. Cookies are used on the Seller’s website only to keep track of the contents of your shopping cart once you have selected an item. Data collected by this site will only be used for :- 
15.1.1  taking and fulfilling the Contract; 
15.1.2  administering and enhancing the Website and the Seller’s service; 
15.1.3  disclosing information to third parties for goods delivery and payment purposes. 
15.1.4  sales and marketing purposes. 
15.1.5 By law for HMRC/Tax and accountancy reasons
15.2 A copy of the data we hold on file for you can be requested by applying in writing to the Seller.

16 LAPSED ACCOUNTS 
If a Member does not access his or her account for a period of 180 days or more, The Seller may, in its sole discretion, terminate such Member’s account. While the Seller desires to prevent active accounts from being terminated prematurely, the Seller has no obligation to maintain accounts that appear to have been abandoned. Each Member agrees that failure to access his or her account for 180 days or more conclusively indicates that such Member’s account has been abandoned and that the account may therefore be terminated.

17 SUBMISSIONS 
All suggestions, ideas, notes, reviews, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

18 LINKS TO OTHER WEBSITES/COMPANIES
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

19 COPYRIGHT
The content, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Sellers website. Any photos submitted to FunkyEars must be made by the copyright holder or with the permission of the copyright holder of the photo(s).

20 THIRD PARTY RIGHTS 
Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

21 ENTIRE AGREEMENT 
These Terms and Conditions, together with the Seller’s current Website prices, delivery details, contact details and privacy policy, set out the whole of the Contract.

22 GOVERNING LAW AND JURISDICTION 
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.

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By creating an account or placing an order on Beeunique you are confirming you have read and accept these conditions. 

ALL information on this website and related pages should be considered as a guide only. If in any doubt please contact a professional / consultant before using any product or following any advice given on this website and related pages.

FunkyEars can be contacted by post: FunkyEars, 252 Old Glamis Road, Dundee, DD3 0EU 
FunkyEars is a trading name of Beeunique – Ltd Company Number SC339736

These Terms & Conditions comply with the Consumer Contracts Regulations 2014 (previously Distance Selling Regulations 2000) (UK Legislation)
Standard Consumer Contracts Regulations 2014 (previously Distance Selling Regulations 2000) rights will not apply to Bulk/Wholesale orders which are classed as Business transactions or those outwith the UK. 
Updated: 12th February 2024

If you see anything on our website or related pages which you feel is misleading or inaccurate information please contact us immediately we will then investigate and amend the information if required.