Terms of Sale

Scope Of These Terms Of Sale

These Terms of Sale apply to all purchases on www.funincloud.com for delivery to anywhere we support.

These Terms of Sale, the Terms of Use and email confirming that your order has been accepted and shipped (“Order Confirmation”) form the contract (“Contract”) for the purchase of any products (the “goods”) on www.funincloud.com (the website). The Contract is entered into between you and FUN IN CLOUD TRADING CO., LIMITED. In the event of any conflict between the Terms of Sale and the Terms of Use, these Terms of Sale shall prevail.

Order And Contract Creation

In order to buy anything on our website, you will need to add the product to the basket and let us guide you through the checkout process. We will ask you to provide the details required to fulfil your order. Soon after that we will dispatch your items and send you an email, confirming that your order has been shipped. Remember that all products displayed on our website are subject to availability and subject to our acceptance of your order.

The Contract will apply to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other document. By placing an order with us you acknowledge that any business conducted thereunder will be subject to these Terms of Sale. A Contract will only subsist after we have debited your payment card and sent an Order Confirmation (whether or not you have received it) and will relate only to Goods specified in the Order Confirmation.

All Goods offered for sale are subject to availability and subject to our acceptance of the order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email.

The technical steps required to create the Contract between us are as follows:

  1. You place the order for your Goods on the websites by adding the Goods to your basket and pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the relevant w
  2. You fill in all the details required to complete a purchase and make a payment. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
  3. We will send to you an order acknowledgement email detailing the Goods you have ordered. This is not an Order Confirmation. You should check that the details in this order acknowledgment are correct, and keep a copy of it.
  4. You will receive an Order Confirmation for your order via email once your order has been shipped. The completion of the Contract will take place on the dispatch to you of the Goods ordered unless we have notified you that we do not accept your order, or you have canceled it.
  5. The Contract will relate only to the Goods stated in the Order Confirmation. We will not be obliged to supply any Goods in your order until you receive an Order Confirmation.

You should check that the details in the Order Confirmation are correct, and keep a copy of it.

We reserve the right to refuse to accept and process any and all customer orders on any and all products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at its sole discretion. Non-acceptance of an order may be a result of one of the following:

the Goods you ordered being unavailable;

our inability to obtain authorization and confirmed receipt for your payment;

the identification of a pricing or product description error; or

you not meeting the eligibility to order criteria set out in the Terms of Use.

Description Of Products

We make every effort to provide accurate and helpful information to our customers, nevertheless you should take care when relying on information provided by us, and check against the manufacturer’s instructions.

All Goods displayed for sale on the relevant website are subject to their product description which sets out additional specific conditions related to those Goods, including without limitation, terms and conditions concerning estimated delivery dates and times, warranties and returns eligibility. The Goods may come with certain guarantees that cannot be excluded under the CCA. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You may also be entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

We will take all reasonable care to ensure that all details, descriptions and prices of goods appearing on website are correct at the time when the relevant information is entered onto the system. Although we aim to keep the website as up-to-date as possible, the information, including product descriptions, appearing on the website at a particular time may not always reflect the position exactly at the moment you place your order. We will notify you of any material changes to this information which shall be deemed to have been accepted by you unless we receive a notification in writing within 14 days upon notification. It is your responsibility to provide us with a valid e-mail address for such communications.

While we make every effort to provide accurate and helpful information, commentary and other materials posted on the Website are a guide only and not intended to amount to advice on which reliance should be placed. To the fullest extent permitted by applicable law, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Price

Our product prices include VAT (or other sales tax) but exclude delivery costs. The total order price will be displayed before you confirm your commitment to an order and make a payment.

“Order Price” means the price at which we have agreed to accept your order and is deemed inclusive of delivery charges and any VAT or other sales tax. “Product Price” quoted on the relevant website is the sale price of the product that includes VAT or other sales tax which is chargeable on the sale of the goods but exclude delivery costs and any costs related to importing products to a country.

We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to change the price of the goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.

All prices on our website will be displayed in USD.

Payment

Payment can be made by any major credit or debit card or using PayPal. While we take all reasonable care and use SSL encryption technology, any Internet data transmission bears risks. 

By placing an order you agree to payment being charged to your debit/credit card account or electronic payment account as provided on the order form before the shipment of the Goods. Payment can be made by any major credit or debit card or through an electronic payment account as explained on the order form. When you pay for your order by card, we carry out certain checks which include obtaining authorization from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. Any personal information we may collect from you as part of the ordering and payment process will be dealt with in accordance with our Data Collection and Privacy Policy. By accepting these Terms of Sale you confirm that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own.

Payment will be taken out of your account before delivery of the Goods.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence or breach of statutory duty on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from a Website.

All payments will be taken in the currency the price is displayed at on the site.

Communications

Our email communications will be considered to be notice in writing.

You accept that e-mail and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

Risk And Property

As soon as we receive your payment and your order is delivered, you become responsible for damage to or loss of the goods.

Risk of damage to or loss of the goods will pass to you on receipt of delivery at the agreed address. Notwithstanding delivery and the passing of risk in the goods, property in the Goods will not pass from us until we have received in cleared funds full payment of the Order Price and all other sums which are due, owing or payable by you to us in respect of the Contract or any other Contract between us and you.

Other Important Terms

There are a few more things you should know about the Contract.

We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under the Contract. You may only transfer your rights or your obligations under the Contract to another person if we agree to this in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Your Concerns

Contact us any time if you have any concerns. If you have any comments or concerns related to your purchase of any Goods from us, please contact funincloudofficial@gmail.com as applicable, or write to us at: WORKSHOP 60, 3/F, BLOCK A, EAST SUN INDUSTRIAL CENTRE NO. 16 SHING YIP STREET, KOWLOON, HONGKONG.

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