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Terms & Conditions of sale

General terms

These terms and conditions apply to all transactions dealt with by FunFair Play. All contracts are subject to force majeure.

By placing an order or purchasing with Funfair Play you agree to these terms and conditions unless otherwise agreed by Funfair Play management.

Funfair Play reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes.

All sales are done on a strict business to business contact arrangement and as such, are not subject to the consumer credit act, trading standards or the sale of goods act and are subject

Brexit and the implications for our UK, European & Irish customers

Please be aware that the way the UK operates in terms of Brexit has changed between Europe and Ireland. As of 01.10.2021 Funfair Play must take your EORI number in order to facilitate your order. This is in order to adhere to the new HMRC terms and conditions. Our sales contract requires us by law, without warning to now ensure all goods move around the UK & the EU with valid EORI number. It is your duty as an importer to understand the rules and regulations. Funfair Play can accept no liability in relation to EORI and import whatsoever and in placing an order with Funfair Play, you absolve us from any financial repercussions or delays relating to EORI.

Looking to Export from England? Click here to learn more about EORI and the Import/ Export changes since Brexit!

You MUST have an EORI number to order from our company to Ireland and Europe.

Our promise to you:

Funfair Play is one of the largest manufacturers of Carnival Games/ Funfair Games and other such products. Our management and staff have over 20 years of experience in the industry and we aim to provide you with excellent products, an excellent service and at an excellent price.

Products:

All our products are designed by our experienced and recognised team. Each product should have been checked by our Quality Control Team before being allowed to leave our factory.

To make sure that problems are not incurred Funfair Play will always try confirming the specifics of your order. Responsibility will rest with you to make sure that there hasn't been any omissions or discrepancies upon the order final invoice. Any errors or omissions will not be rectified if they are not picked up at the invoice stage and are impossible to correct after manufacture.

The final decision on orders, pricing, confirmation and delivery details and methods rests with the Funfair Play management only. The final price will be confirmed on contact. If a mistake is made on pricing by Funfair Play staff, we will always try to honour it unless the price stated is unreasonable or will not cover production costs.

If a balance payment has not been made within 30 days of the full order being completed, your deposit will be forfeited to enable us to sell the items made for you on to other clients after making reasonable attempts to contact.

In addition to the above, Funfair Play reserve the right to manufacture our products in either one of our factories or a 3rd party factory located anywhere in the world. This decision is at our own discretion and without the express permission of the client. All materials however are the same specification regardless of the country of manufacture.

We also retain the right to transfer or sell the order to a 3rd party or a separate company for completion or delivery without prior consent.

Credit or debit cards fees & card on files.

Card fees

From 1st April 2016, we only accept business credit cards and as such, there will be a up to a 3% charge to reflect our own charges. We do not accept personal credit cards, However, will accept business credit cards in a personal name. It is your responsibility to ensure you are using a company card. Funfair Play will not check or verify this information.

Your details will also be kept on file and we reserve the right to recharge your card for additional expenses such as extra delivery fees for not being home, damaged to goods after a return and other miscellaneous expense or unnecessary chargebacks.

Chargebacks

In purchasing from Funfair Play, you agree that the sale is business to business only and agree to waive your rights under Section 75 of the Consumer Credit Act 1974, in which, the credit card company is jointly and severally liable for any breach of contract. As such, any chargebacks made against Funfair Play will result in legal action and we will seek to recover costs, damages and interest. We also reserve the right to add administration and legal costs inline with our legal fees schedule contained within these terms and conditions.

Chargebacks made that are initiated without exhausting our warranty, returns & testing procedures will be pursued.

Regulation exemptions.

Please be aware that business to business transaction falls outside of the distance selling and doorstep regulations, The sale of goods act and supply of goods and services act and is exempt from the unfair terms legislation.

Any payments made by card must be delivered to the cardholder’s address to prevent fraud. Any payments made by bacs can be delivered to an address of your choice. Any refunds made, will exclude any original credit or debit card fees.

Cybercrime Alert/ Bank Details

Cybercrime is on the increase and is affecting hundreds of thousands of people on a regular basis. If you receive any notification of a change of bank account details purporting to come from us, please disregard this and contact us directly for further advice using contact details you already have for us NOT details in the communication or sent.

Cyber Crime professionals will always be one step ahead so please think logically and follow the advice given by the police and fraud UK before entering into business with our company. Our company will not be liable if you transfer money meant for us to an incorrect account.

Copyright, Intellectual Property, Trademarks & Patents during production.

Funfair Play are able to manufacture custom products to the client’s specifications, however please note that when customisation is required, we are only able to commission artwork & designs if you agree to obtain permission from the copyright owner, Intellectual Property owner, Trademark owner, Patent owner of the ideas, designs, Images or artworks you intend to use along with permission for its alteration/ Manipulation.

Permission for any of the above will not be checked, verified or obtained on your behalf & we insist that the client always ensures compliance and Funfair Play will not be held responsible for any unauthorised usage and in placing an order with us you agree to accept full responsibility of the consequences of breaching any relevant laws. The client also agrees to provide Funfair Play, along with its employees & directors indemnity should any legal claims arise.

Please conduct your own research or speak to a relevant solicitor prior to placing an order if you are unsure. A good source of information can be found through the following link for general advice https://www.gov.uk/topic/intellectual-property/copyright

Likewise, if we are asked to source and image online for you the quality will not be guaranteed unless a vector image is available. We aim for 1 megapixel or above.

Should the images supplied by the client from Google for example, the minimum quality expected would be 1 megapixel. If 1 megapixel is not available, we will endeavour to seek the correct sizes image where possible with a minimum size of 1 megapixel which is adequate for a viewing distance of around 5 meters. It will not be of the same quality as a vector image as described above. We strongly suggest trying to achieve 8 megapixel or more.

Should the images required not be provided by the client and we are asked to source from Google for example, the maximum quality expected would be 1 megapixel which is adequate for a viewing distance of around 3 meters. It will not be of the same quality as a vector image as described above.

Standard proofs will not be provided unless explicitly requested and listed on the invoice and may be charged for if requested.

Photographs & pictures

Please be aware that in purchasing from and paying our invoice, you give permission for Funfair Play to retain the legal and moral rights to all photographs taken of equipment that was manufactured or sold by us and indemnify us from any legal issues arising as a result. That means that in purchasing one of our items you agree to allow us to use any photographs taken by you as a customer or use any photographs in your possession. This Includes but is not limited to your own customers, events without any further express permission from yourselves after purchase.

We also retain the right to take pictures from any internet source we choose, I.e., any of your website, flyers and social media accounts etc. without asking permission. We then retain the right to publish these on our own marketing materials such as website etc and distribute them to new customers as we see fit.

If you are a purchaser, please feel free to use our photographs from the website if the photographs are shown in our factory indefinitely but please bear in mind that all other photographs will be taken from other customers Facebook/ website accounts etc. of which we do not keep an accurate record. Please only use photographs from our website for advertising purposes until your item arrives. Please ensure that all Funfair Play photographs are removed within 30 days of delivery to ensure a fair policy to the photo taker. If unsure which is which please call us on the number displayed on this website.

Please be aware that we rely heavily on the pictures acquired in the manner outlined above and the products are subsidised accordingly to reflect the lack of a photography shoot. Should you not wish to indemnify us or agree to the above, please inform us at the time of order & please be aware that there will be a £125 waiver charge.

Should you object to any terms and conditions after you have received the product, please let us know in writing and we will endeavour to exchange the photographs as soon as we manufacture the next unit as a gesture of goodwill.

The above rights also stay with the product, not the purchaser and the same terms and conditions are passed o with the inflatable should you move the good onto a 3rd party.

Also, many of the products on this website are stock google images for advertising and marketing purposes only. Not all products have been manufactured or are for sale by Funfair Play.

Please also be aware that some photos have been edited, enhanced and photo shopped for marketing purposes.

Delivery of goods

Delivery of goods will be within a reasonable time period. In paying Funfair Play for delivery, you agree for us to appoint a 3rd party courier for you on your behalf. The contract, therefore, exists between yourself and the couriers with Funfair Play acting as an appointed agent.

All our deliveries are undertaken by a Third-party delivery company. This is not our own in-house service and as such, all deliveries will be subject to their terms and conditions. These should be requested, received, read & understood in full before we dispatch and are available upon request as amendments cannot be made after payment has been made.

All delivery dates quoted by Funfair Play, either verbally or in writing should be taken as our best estimate even if a promise or guarantee is made verbally or in writing. This is because we use a 3rd party courier and as such, it is impossible to guarantee on their behalf. Delivery date or dates do not form part of the contract under any circumstances. This includes both custom and OEM products. Estimate of delivery dates do not form part of the sales contract & we strongly suggest that you never take a booking or undertake any commitments for equipment that’s not in your possession just in case, especially whist the world supply chain is unstable.

Our deliveries cannot guarantee an exact delivery date due to the appointment for a 3rd party outside of our control. All deliveries are made by a 3rd party and as such we use, Ups, City Link and/ or any other more respected brands, along with their approved contractors for reliability purposes only and will not compromise quality over cost under any circumstances. However once again, for all 24 & 48hrs deliveries, we use TNT, Expect Distribution where possible although we reserve the right to change this service without notice.

We accept NO responsibility for consequential loss or damage arising as a result of any deliveries. This includes damaged goods, changing delivery dates etc. Please do not proceed with an order if you do not fully agree with this level of service.

If delivery cannot be made due to receiver absence or if the delivery address is changed after dispatch from the Funfair Play premises, then further delivery charges may be incurred. These further delivery charges will be charged to you (our customer) at the third-party delivery company's fees.

In addition to the above, you are reminded that all delivery dates and times are approximate & the 3rd party services are completely out of our control. Should your delivery time/ dates be crucial, we strongly advise you to appoint your own couriers to avoid disappointment. We will not be held responsible for any loss or damage occurring as a result of a missed deadline.

In addition to the above, you are reminded that all delivery services are completely out of our control. Should your delivery time/ dates be crucial, we strongly advise you to appoint your own couriers to avoid disappointment. We will not be held responsible for any loss or damage occurring as a result of a missed deadline and in paying our invoices you enter into a contract and indemnify us of any legal action, claims or damages arising as a result.

In addition to the above, the contract for delivery is to the address listed on your invoice and not a specific person. The delivery will be made under full commercial terms and will not require handing over to a specific consignee. The goods will be handed over to anyone at that address. If no one is available, you agree for the goods to be left with a neighbour or in an appropriate area without further permission from ourselves and accepting full responsibility for the lack of availability. This also includes accepting responsibility/ liability if no signature being obtained.

In addition to the above, the 3rd party couriers retain the right to change the delivery date and time without further permission. If the goods are of a time sensitive nature, it is the responsibility of the recipient to ensure they have made suitable arrangements or are in regular contact with the couriers to avoid inconvenience/ disappointment.

In addition to the above, any orders commissioned as part of our BB ONLINE range may be subject to import regulations, customs checks, cut and run scenarios, tropical storm delays & severe sea delays all of which are out control. Importation comes with its own inherent risks of delays and delays are highly common. As such, the delivery date quoted is an estimate only and does not form part of the contract. Once again, Funfair Play will not be held liable for delays and all the above information applies.

ALL INTERNATIONAL SHIPPING OUTSIDE OF THE EU IS AIRPORT ONLY NOT DOOR TO DOOR. The client will remain responsible for all freight forwarding, Import duty, VAT liability and other fees in the country of receipt. This is not something we can assist with & we will not be held liable for delays or financial loss arising as a result. Please ensure you have budgeted for this prior to placing an order with our company and we strongly recommend using a 3rd party shipping agent to handle all affairs, including the acquisition EORI number or equivalent.

Please Note: No vat will need to be paid providing we are responsible for the export via our own shippers and not your own. Any client using their own agent will be treat as a UK soil sale until a POD is received from the export company and full vat must be paid before shipping. As soon as the POD is received, The refund will be with you within 7 days. Please bear this in mind when choosing a shipper.

Any agent using their own shippers will be required to produce their own documents in terms of commercial shipping documents, we also have no way of measuring the weight of goods in house. This normally falls within our own Freight forwarder companies remit and any figures given will purely be an estimate. If an item is subject to VAT. VAT will be charged and refunded on receipt of proof of export.

All deliveries are curb side and will require appropriate forklift truck and labour in place to handle the goods.

All returns must be packaged on pallets by yourselves, shrink wrapped & banded. We are unable to assist.

Lost goods

If goods are lost, missing or stolen, the loss will be reported to the appropriate courier service who we appointed on your behalf, who will deal with the complaints accordingly. In most cases, the procedure is to place a trace or a missing item request onto the courier's system for a search to begin. A search usually lasts for up to 28 days before a declaration of lost can be made. The 28 days starts from the date of the initiated trace NOT the date we entered correspondence.

After the 28 days expired and the goods have been declared lost, we can initiate the claims procedure. As soon as we receive this confirmation, we will refund you and pursue the damages on your behalf, providing you have not contributed towards the loss.

As frustrating as this process may be, we do have to give the couriers chance to locate the goods before they are replaced, and the correct procedures must be followed.

In addition to the above, you are reminded that all delivery services are completely out of our control. Should your delivery time/ dates be crucial, we strongly advise you to appoint your own couriers to avoid disappointment. We will not be held responsible for any loss or damage occurring as a result of a missed deadline and in paying our invoices you enter into contract and indemnify us of any legal action, claims or damages arising as a result.

Goods arriving damaged or damaged in transit

In the event that goods are damaged in transit, the damage must be spotted and reported to the delivery driver immediately on delivery. DO NOT accept/ sign for the goods under any circumstances and reject the parcel. In ALL cases, accepting delivery and physically keeping the goods is has the exact same effect as signing or not signing. For a claims process to be initiated, the goods must have been rejected and not be in your possession. Accepting delivery and will make things very difficult to pursue on your behalf and will slow down the investigation process whilst leading to an almost impossible claim and further 2-way shipping expenses being incurred.

Once a damaged item has been rejected and returned, It will be reported to the appropriate courier service who will deal with the complaints accordingly. In most cases, the procedure is to place an investigation or claim request onto the courier's system for an investigation to begin. An investigation usually lasts for up to 28 days before a declaration can be made. The 28 days starts from the date of the initiated report was submitted, not the delivery date of the goods or the date we entered into correspondence.

After the 28 days has expired, it may take up to another 28 days for a refund to be received. Sadly, until the outcome of the couriers is known and settled, we will not be able to offer a solution, refund/ replacement or advice. As frustrating as this process may be, we do have to give the couriers chance to investigate and this is out of our hands.

In addition to the above, you are reminded that all delivery services are completely out of our control. Should your delivery time/ dates be crucial, we strongly advise you to appoint your own couriers to avoid disappointment. We will not be held responsible for any loss or damage occurring as a result of a missed deadline and in paying our invoices you enter into contract and indemnify us of any legal action, claims or damages arising as a result.

General delivery information

All deliveries are made by reputable delivery companies so please bear this in mind when placing an order. We use the likes of LPC, TNT or UPS through a 3rd party agent for smaller packages and the likes of Expect Distribution, LPC or the Pallet Network for pallet consignments for most mainland UK deliveries as a general rule, however, we may use other companies if TNT, UPS or Expect etc cannot meet our requirements & the agencies mentioned may contract out our deliveries.

Please be aware that all delivery services are based on commercial business terms and as such it is presumed that you have the correct to tools to off load & accept the delivery. Not all delivery vehicles are fitted with a tail lift and or fork truck. If you do not have the correct tools to off load, please make us aware in advance and we can arrange a different delivery method, However, this will attract a significant extra fee. Likewise, refused deliveries will incur a re-delivery charge.

There is no tracking service available as all deliveries are based on a commercial service delivering between the commercial hours of 8am to 6pm. It is your duty to have someone available to accept delivery. No calling cards, telephone calls or reminders will be issued. Should you require an update please contact the couriers direct using your postcode as a reference number or contact us directly and we will be happy to accommodate your request.

Should you require a domestic delivery service, please advise us at the time of booking & we will be more than happy to accommodate your request.

TNT can be contacted as follows:

Web Address: http://www.tnt.com/express/en_gb/site/home/help-center.html
Telephone Number: 0800 100 600

UPS can be contacted as follows:

Web Address: https://www.upstoday.com
Telephone Number: 06457877877

Expect can be contacted as follows:

Web Address: http://expectdistribution.com/
Telephone Number: 01274 378220
Email Address: info@expectdistribution.com

APC can be contacted as follows:

Web Address: https://apc-overnight.com/
Telephone Number:0800373737

LPC can be contacted as follows:

Web Address: www.leedsparcelcompany.co.uk
Telephone Number: 01132455677

All mainland deliveries are on a 24hr service contract. Details of which can be found by contacting the above direct. All delivery companies are a 3rd party and have no connection with our business. As such, we cannot guarantee services out of our control and will not be held liable for any delays or failed deliveries. Should your delivery be time sensitive, we would be happy to accommodate self-collection or your own couriers.

All commercial deliveries from Funfair Play will be delivered to your specified billing address that the card is registered to. It is presumed that anyone at your specified address has authority to inspect them and accept/ sign for them & the condition of them. If this is not the case, then please inform us otherwise when booking a delivery. Any payments made by bacs can be delivered to an address of your choice.

In addition to the above, all delivery dates and times are approximate & the 3rd party services are completely out of our control. Should your delivery time/ dates be crucial, we strongly advise you to appoint your own couriers to avoid disappointment. We will not be held responsible for any loss or damage occurring as a result of a missed deadline.

Delivery procedure:

As all our deliveries are made for us by nationwide specialist carriers, it is very important that the following procedures are adhered to. Please take note as it’s not like other services you may be used to:

Examine the goods carefully before accepting delivery. Signing ‘unchecked’, or ‘not Checked’ or similar is not acceptable and will be rejected should you later rely on this signature.
If the product is damaged, then please refuse delivery and do not sign for it. We are insured and pay extra for a free return service at our expense. If you do not refuse a damaged delivery, there will be no claim can be made on your behalf later and no reimbursement of delivery costs. You will also have to pay a return fee. DO NOT keep damaged goods under any circumstances.
Please keep the customer copy of the carrier’s documentation in case a dispute needs to be raised.
You must inform us as soon as possible, at least within 24 hours of delivery or attempted delivery, of any problems so we can prepare for the return.
Title and risk in the goods shall pass to you upon delivery and receipt by the carriers of a signed delivery note.

Following all the above will ensure the correct procedures are followed and that liability is accepted on deliveries. This allows us to claim on the party at fault without hindrance to yourself or organisation. Without any of the above, the liability will be wholly on the receiver.

Please remember that you have 30 minutes to inspect deliveries made by pallet and 15 minutes for deliveries made as a package (per item). Please ensure you are prepared for delivery as to avoid disappointment. DO NOT accept or sign for goods that are damaged and return them immediately.

When accepting /signing for a delivery, you are accepting/ signing to say that you have inflated or checked the goods to a level you are happy with and are 100% satisfied with the goods. Should goods not be checked on delivery, we cannot be held responsible for any return fees associated with the products. The delivery service we pay for includes check and return free of charge, please take advantage of this and do not accept/ sign for goods unchecked.

Please ensure you have the correct inflation device available to check any inflatables goods ready prior to arrival, in case they arrive separately to your order.

Please also be aware that some photos have been edited, enhanced and photo shopped for marketing purposes.

Should you opt not to use your own courier, all goods movements are entered into contract with a 3rd party on your behalf. Our company will not be help responsibility for any loss or damage due to the above procedures not been adhered to. As above, delivery dates do not form part of the contract.

Who am I entering contract with?

The Funfair Play, Owned by Samantha Smith who has been in the industry and making these games personally for around 20 years.

BACS Details: Miss Samantha Smith
Sort Code 11-10-08 : Account Number 18161268
Factory address: Oak Mills, Texas Street (Off Topcliffe Lane), Morley, Leeds, Ls27 0hg
UK Tel: +44 (0) 7738607466
Email: info@funfairplay.co.uk

Privacy & GDPR

Please see our dedicated GDPR policy for further details by clicking here: http://fun-fair-play.web1.bookingonline.co.uk/pages/gdpr#BodyContent

Social Media

Any discussions over warranty or defects released into the public domain such as social media will invalidate your warranty. The warranty is in place for the client to take advantage of our obligations to rectify any issues you may have. Problems do occur and we are human BUT we will work tirelessly to resolve any issues where feasible but public notification prior or after resolution will not be accepted.

Artwork

No returns are accepted on nonstandard or custom products. All returns on other items must be done within 14 working days. restocking fees apply. Any agreed exchanges pass the rights of resale back to Funfair Play regardless of branding or personal details or specification unless a 60% reimbursement is paid.

All our inflatable products can be provided with artwork if required. Funfair Play are able to manufacture custom artwork to the client’s specifications, however please note that when customisation is required, we are only able to commission artwork if you agree to obtain permission from the copyright owner, Intellectual Property owner, Trademark owner, Patent owner of the ideas, designs, Images or artworks you intend to use along with permission for its alteration/ Manipulation.

Permission for any of the above will not be checked, verified or obtained on your behalf & we insist that the client always ensures compliance . Funfair Play will not be held responsible for any unauthorised use and in placing an order with us you agree to accept full responsibility of the consequences of breaching any relevant laws. The client also agrees to provide Funfair Play, along with its employees & directors indemnity should any legal claims arise.

Please be aware that all products with Velcro artwork are completely different from product to product no matter how similar it may look unless it has the identical reference numbers it will be different. Even at that stage, there will be minor discrepancies as everything is handmade. Any agreed exchanges pass the rights of resale back to Funfair Play regardless of branding or personal details or specification.

Artwork provided by the client.

All artwork provided to us by or on behalf of the client will be retained by our artwork department and maybe used on later projects without express permission. If this presents and issue and you do not wish for this artwork to be reproduced, please provide us with a Non-Disclosure Agreement or refusal of design and we will be happy to remove the artwork from our system.

Artwork provided by the client.

All artwork provided to us by or on behalf of the client will be retained by our artwork department and maybe used on later projects without express permission. If this presents an issue and you do not wish for this artwork to be reproduced, please provide us with a Non Disclosure Agreement or refusal of design and we will be happy to remove the artwork from our system.

Should the images supplied by the client from Google for example, The minimum quality expected would be 2 megapixels. If 2 megapixels is not available we will endeavour to seek the correct sizes image where possible with a minimum size of 2 megapixels which is adequate for a viewing distance of around 3 meters. It will not be of the same quality as a vector image as described above.

Should the images required not be provided by the client and we are asked to source from Google for example, the maximum quality expected would be 2 megapixels which is adequate for a viewing distance of around 3 meters. It will not be of the same quality as a vector image as described above.

Payments & Transactions

All payment methods accepted by Funfair Play are subject to different terms & conditions and transaction fee's as follows;

Cash transactions are subject to a 0% fee
BACS transactions are subject to a 0% fee
Chaps transactions are subject to a 0% fee
Paypal Transactions are subject to a 3% fee
Credit card transactions are subject to a 3% fee (Mastercard maybe higher)
Purchase orders are accepted but still subject to Pro-Forma

From 1st April 2018, we only accept corporate credit cards and as such, there will be a up to a 3% charge to reflect our own charges. We do not accept personal credit cards, However, will accept business credit cards in a personal name.

Please be aware that from time to time our Bank provider or debit card service provider may delay payments for anything from 2hrs to 14days for our own protection on grounds of security. Unfortunately, goods cannot be released until payment has been verified by ourselves at the bank. We cannot accept screenshots as proof of payment. Payment must be bank verified approval.

Funfair Play will not be held liable for any delays or financial implications arising as a result. disappointment We currently bank with Halifax & due to the large value of our transactions, coupled with a large number of international transactions, they regularly hold transactions or place a block on our account until it has been verified further. These blocks can last upto 7 days which can be frustrating as a customer. Please bear this in mind when choosing a payment method or please make payment in full as to avoid

Due to the high number of fraudulent debit card claims, we now use a Credit/ Debit card verification method. If a debit card declaration is made and later found to be false, the card will be debited by the 1% (or appropriate fee) without prior notice. Should you not agree to these terms and conditions, please find an alternative payment method.

Please note, All transaction records and invoices are only kept for 30 days after the end of OUR financial year. Financial requests after this date can be sent to our accountant but will be charged at a rate of £35 per request & £35 per invoice. Any invoicing errors, VAT queries, shipping queries, export sales taxes or any other financial queries cannot be investigated or rectified after this date either without attracting accountancy fees of £50 or greater. In both cases, these fees must be paid by the client NOT Funfair Play.

All cash payments, regardless of invoice status are entered onto our accounts system and filed accordingly for tax purposes.

Card Payment terms: We use Square as our payment system, which securely stores your card details on file. This feature allows our business to collect any final or outstanding balances prior to dispatch, along with any updated delivery charges or accessories without further permission. Square card-on-file also allows us to charge for any loss, damage, extra requests. It also allows us to recover any additional credit card fees incurred as a result of misrepresentation at the time of order.

You will be notified in advance before any charges are taken, and you can request to have your payment details removed 7 days after your order is fulfilled if required.

Any refunds made, will exclude any original credit or debit card fees.

Legal fees

In the rare occasion that we enter into a legal dispute for any reason, our fees for involvement are as listed below. All fees are chargeable to the relevant person. These fees cover anything from formal correspondence to attending legal meetings or court and are based on real time costs to the business & the normal charge out rate to clients. Travel and other expenses will also be chargeable at the appropriate rates.

In the event of court action, All fees and expenses will be filed for recovery by the opposition in ALL cases. The list of scheduled fees are listed below:

Office Staff Time is charged out at a rate of £26.50 per person, per hour.
Factory Staff Time is charged out at a rate of £35.00 per person, per hour.
Design Staff Time is charged out at a rate of £35.00 per person, per hour.
Company Directors Time is charged out at a rate of £56.50 per person, per hour.
3rd party bookkeepers time is charged out at a rate of £29.50 per person, per hour.
3rd party accountants time is charged out at a rate of £45.00 per person, per hour.
Legal Advice Time is charged out at a rate of £56.50 per person, per hour.
Solicitors Time is charged out at a rate of £245 per person, per hour.
Barristers Time is charged out at a rate ranging from £650 to £1,150 per person, per hour.

Internet & Website Disclaimer

Funfair Play does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. Funfair Play cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.

Funfair Play disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchant ability and fitness for a particular purpose. Funfair Play disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Funfair Play services. You assume total responsibility for your use of the site and any linked sites.

Your sole remedy against Funfair Play for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

In addition to the above, Funfair Play reserve the right to manufacture our inflatables in either our own factories or 3rd party factories anywhere in the world at our own discretion and without the express permission of the client.

Sizes

We try to ensure that product details displayed on our site are correct and up to date. However, any error or omission in any information on the site, or in any electronic communication, sales information, quote, price lists, invoice or any other document issued by us will be subject to correction without any liability on our part. Images of products on site are intended only as a guide and actual product may differ in some respects.

All weights and dimensions when given are extremely approximate. All dimensions are approximate and are measured from a CAD drawing of the product NOT a real time measurement.

The size tolerance for measurements is anything up to 10% in each direction.

Use of Images and Text

The use of images and text from the Funfair Play website is not permitted under any circumstances unless it bears our logo in the background. This is due to the rising number of competitors stealing our products. Please feel free to contact us if we can supply you with any pictures, text or further information that would be of assistance.

All pictures, text, designs and trademarks are subject to the copyright rules and legislation of the United Kingdom and invoice for the sum of £165+vat per infringement will be received, plus a further sum of £165+vat per week for every week the infringement continues.

Feedback:

Funfair Play welcomes feedback. We believe we offer an excellent service to all customers. Funfair Play also understands that occasionally problems can be encountered. If there is any area that you are unhappy about or would like us to improve then we would like to hear from you so that next time everything works perfectly. We would also like to hear from you if everything is up to your satisfaction and the progress of your product and your company.

All details given to Funfair Play are kept secure and are never given out to any third party companies without prior permission.

Problems & Complaints;

In the event that you are unhappy with our services, please contact Samantha Smith in the office as soon as you can after delivery has been made, either by telephone or by email during the event or at the time of the problem. Problems are much more difficult to resolve after an event has passed especially when we haven't been given the opportunity to put things right on the day.

Reporting an incident after an event can make a complaint very difficult to deal with although we will do our best to put things right.

Please remember that on purchasing equipment from us, you are entering into a non-disclosure agreement and as such, any form of slander or discussion on the internet whilst a complaint is being dealt with in places such as google, Facebook or any other internet or social media sites is not allowed. infringements may result in legal action or an invoice for deformation to the value of £500 per infringement.

In addition to the above, should you resort to social media, we will cease all communications.

Complaints raised must be done so in writing. whilst we are happy to discuss this via telephone amicably, all official correspondence will be issued in writing to keep an accurate and true record for both parties.

All complaints are treated as an official complaint from day one and all complaints are directed to Ms Samantha Smith who will deal with your complaint swiftly and efficiently.

Miss Smith can be contacted on our company email address and we aim to respond within 30 days.

Cancellations:

Cancellations will be subject to differing levels of charges depending on order type as follows;

All cancelled orders relating to in stock will be subject to a 20% re-stock fee.
All cancelled orders relating to delivery charges paid for will be subject to a 50% admin cancellation fee.
All 3rd party items bought in or produced elsewhere would be subject to an 80% cancellation fee.
All payments originally paid by Credit card will still incur an additional 3% transaction fee as the 3% fee is non-refundable.
Orders may be cancelled by ourselves, for example, If a balance payment has not been made within 30 days of the full order being completed will be subject to loss of deposit. Failure to make the balance payment within the 30 days would mean you forfeiture any payments made, and we reserve the right to pursue the client for the outstanding balance and dispose of the goods as we see fit. This may include selling the goods and we reserve the right to still pursue the client for the original balance, even after disposal.
All custom artwork orders are non-refundable.
Any stock items cancelled before they leave the building will be subject to a 10% restock fee or £50 fee per item, whichever is higher, to cover the packaging, admin, warehouse work, testing, test paperwork and other admin costs associated with your order.

Return of goods:

All stock returned must be done so at the buyer's expense and must be in an unused and undamaged condition. All items will be inspected at some point after arrival and both inflatable & funds will be held in quarantine until such an inspection has taken place. should there be any issues, funds will be held until such time as the issues can be resolved. Inspections may take up to 30 days.

All items returned through no fault of our own, I.e., the buyer changed their mind, didn't read a listing properly or failed to check an invoice properly will be subject to a minimum restock fee of 50% on standard made to order products only or 20% on in-stock standard line products, minus any initial delivery fees.

This returns policy only covers standard product lines and does not cover any goods custom manufactured to order or clearance goods, listed in the clearance section of the website. All custom made and clearance products are non-refundable.

Items returned as faulty will be repaired under our return to base warranty. No exchange will be offered.

Returns must also be completed within 14days or returns will be rejected. Any agreed exchanges pass the rights of resale back to Funfair Play regardless of branding or personal details or specification unless a 60% reimbursement is paid.

No returns are accepted on custom made, bespoke items or items made to order under any circumstances.

All returns must be packaged on pallets by yourselves, shrink wrapped & banded. We are unable to assist.

General Refund

All general refunds such as over payments, mistaken payments and other straightforward refunds will take place within 28 days and must be refunded by bacs only. Refunds onto cards are only possible before 5pm on the same day as the initial transaction.

Deposits

Deposits received are non-refundable on items manufactured for your needs. All Orders will be cancelled if a balance payment has not been made within 30 days of the full order being completed. Failure to make the balance payment within the agreed time would mean you forfeiting your deposit to enable us to sell the items made for you on to other clients. It is also not our responsibility to chase clients, although reasonable attempts will be made to contact you.

Extended orders/ Additions to existing orders - Deposits may be transferred to other products added to orders for ease of transaction during our business together providing a steady 25% deposit is held across all orders. Should this deposit level drop below 25% then we reserve the right to request an additional deposit balance to cover the additions to secure the continued manufacture of goods.

Should part of the order be collected/ ready or shipped at the client or manufactured request, there must still be a clear 25% balance help on the remaining order in order to keep goods held. Should this deposit level on a drop below 25% then we reserve the right to request an additional deposit balance to cover the additions in order to release stock.

Under no circumstances will completed stock be released unless that item, including shipping, is 100% paid and a balance of 25% remains in place to cover the remainder of the order.

Should these terms lead to cancellation, Standard cancellation terms will apply.

Lead time

All standard products take from 2 to 3 weeks to be designed, cut, manufactured, hand painted, inspected and all documentation to be compiled. Please note that stock levels do vary from season to season and it is recommended to check our "In Stock Products" link on the left hand side of the page.

Delivery Area

Our standard delivery fee for palletised delivery throughout the UK is £45 to £69 but maybe subject to fluctuations based on the ever-changing economic climate. Please note that you can fit up to 30 Games (depending on size of course) in one consignment so multiple purchases may be beneficial. Scottish Highland and some of the London Low Emission Zones may be more expensive but can be confirmed on receipt of a postcode.

For further information, Please feel free to contact us using the details mentioned below.

Send us an email: info@funfairplay.co.uk
Visit us at our UK address: Oak mills, Texas Street, (Off Topcliffe Lane) Morley, Leeds, LS27 0HG
UK Tel: 07738607466
International TEl: +44 7738607466