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Terms of Sale

General Remarks

This website, WWW.FUNKULTURE.COM, (the “Website”) is published and maintained by F.U.N.K (the “Company”). These Terms of Sale govern the sale of products (“Product or Products”) and provisions of services (“Services”).

Order Processing & Delivery

All purchases are shipped via USPS, UPS or FedEx. We do not ship to Freight Forwarders, hotel locations, or any establishments at our discretion that may pose a risk to the security of the package.

All orders placed on a weekday before 2:00 p.m. (EST) will generally begin processing that day. Orders placed after 2:00 p.m. (EST) will generally begin processing the next business day. Orders placed on weekends or holidays will generally begin processing on the next business day. The processing of orders generally entails the initial processing of the payment. It is expected that additional time is needed to prepare the order for shipment. Orders are generally prepared for shipment within 3-5 days of the cleared payment, however, unexpected delays might occur.

All orders are subject to review and the Company reserves the right to request additional identification information and to ship the order to the billing address. The billing information provided must be able to be verified and must match what your bank has on file. Please ensure the card holder is available to confirm the order details. When you place an order on the Website, we will only charge your payment method once we have verified your payment details, received credit authorization and confirmed stock availability.  Order processing time begins as soon as the order is submitted, but may take up to 24-48 business hours should we need to reach out for additional verification.

Shipment Tracking

Your shipment may be tracked in your account dashboard or via the order tracking form. We cannot reroute your package to a new address.

The Company assumes no responsibility after a package has been delivered. You agree that the risk of loss or damage to products you order from this Website passes to you on delivery of the products, provided that we have received payment in full for the products.

Once you have received your order, if you are not completely satisfied or if there is a discrepancy with your order, please retain all documentation and packaging and immediately through our online form or by sending an email to orders@funkulture.com.

Purchasing

Based on availability, orders can be placed online directly through the Website. By placing an order on this Website, the user/customer hereby affirms that they have full authority to use the payment method utilized for the transaction. Additionally, the user/customer acknowledges that all personal information provided during the ordering process is accurate and up-to-date to the best of their knowledge.

Product Availability

Although we make every effort to keep sufficient stock of items listed on our Website, occasionally we do sell out of certain models. If we are out of stock on an item that you’ve ordered, we will notify you via e-mail. Any changes will be reflected in your order total as well as your shipping confirmation. We reserve the right to limit the quantity of products we supply; supply only part of an order or to divide up orders.

Pre-Order/Backorder Products

Please note that pre-order/backorder product arrival dates are estimates and are not guaranteed due to varying production and shipment time frames. We will inform you if for any reason your order fulfillment is delayed or cannot be completed. Orders are processed and delivered Monday through Friday, excluding holidays.

Account Creation

It is not required for you to create an account in order to place an order, though we highly recommend it. Creating an account on the Website allows you to conveniently track all of your orders from your dashboard, store and update payment methods, and manage your billing and shipping addresses. Having an account and being logged into your user account at the time of placing your order will greatly speed up the checkout process.

Please refer to the Terms of Use for any issue related to your account.

Accepted Payment Methods

The Company accepts the following forms of payment for online purchases:

  • Visa
  • Mastercard
  • American Express
  • Discover
  • PayPal

Errors & Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information through our Website. Unfortunately, it is not possible to ensure the absence of human or technological errors. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and to change or update information at any time without prior notice.

Prices displayed on the Website are quoted in U.S. dollars. While we try to ensure that all prices on our Website are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you within 48 hours, we will treat the order as cancelled.

Cancellations

Cancellations are accepted under the following conditions:

  • The order was placed within the last 72 hours; and
  • The order has the status “processing” and has not yet progressed to any other status such as “shipped”, “partially shipped”, or “completed”.

To cancel your order, please email us promptly at orders@funkulture.com. All cancellations are subject to further approval at the sole discretion of the Company. Upon acceptance of an order cancellation, a refund for your order will be initiated. The refund process is expected to take anywhere from 2 hr to 5 business days but could extend beyond this time. The Company has no control over the speed at which the funds are returned to you as once the refund is initiated in our system, the rest of the financial transaction will take place between third parties, including our payment processor (Square) and your bank. Please note that you will only be refunded for the total unit price for the item(s) you ordered as well as shipped (if applicable). Applicable taxes and fees which are collected by third parties upon initial payment of the order, which are not remitted to the Company, will not be refunded. Your order cancellation will be reflected in your Order History page in your My Account area.

Exchanges

Exchanges are accepted under the following conditions:

  • The order was placed within the last 72 hours; and
  • The order has the status “processing” or “partially shipped” and has not yet progressed to any other status such as “shipped” or “completed”; and
  • The items you would like to exchange have not yet been shipped as indicated by either the entire order status is “processing” or there is no tracking number next to the line item for the product to be exchanged and the order status is “partially shipped”; and
  • The replacement item(s) are of equal value and category/class as the original item(s); and
  • The replacement item(s) are in stock.

To exchange a product, please email us promptly at orders@funkulture.com stating the item(s) you would like to replace and the item(s) you would like to replace them with. All exchanges are subject to further approval at the sole discretion of the Company. Upon acceptance of the exchange, your order details will reflect the new item replacements in place of the original items which you will be able to see by checking the order details in your Order History page in your My Account area.

Modifications to Existing Orders

Order Modification is defined as the adjustment of the makeup of an order resulting in a greater or lesser total cost than the original order. This generally entails adding products to the order (upgrading) or removing items from the order (downgrading or partial cancellation).

Upgrading
Upgrading an order is accepted under the following conditions:

  • The order was placed within the last 72 hours; and
  • The order has the status “processing” or “partially shipped” and has not yet progressed to any other status such as “shipped” or “completed”; and
  • The item(s) the customer would like to add to the order are in stock; and
To upgrade your order, please email us promptly at orders@funkulture.com. All upgrades are subject to further approval at the sole discretion of the Company. Upon acceptance of the order upgrade, you will be prompted to pay the unsettled balance for the additional item(s) added to your order. Please note that the order will not be shipped until the additional payment is received. Once the payment is recieved, your order details will reflect the newly added items as well as the original items which you will be able to see by checking the order details in your Order History page in your My Account area.

Downgrading
You may remove individual items from an order (downgrading the order) under the following conditions:

  • The order was placed within the last 72 hours; and
  • The order has the status “processing” or “partially shipped” and has not yet progressed to any other status such as “shipped” or “completed”; and
  • The specific item(s) you would like to remove have not already been shipped, as indicated by either a tracking number next to the line item for the product and an order status of “partially shipped” or an entire order status of “shipped”.
To downgrade your order, please email us promptly at orders@funkulture.com. All downgrades are subject to further approval at the sole discretion of the Company. Upon acceptance of an order downgrade, a partial refund for your order will be initiated. The refund process is expected to take anywhere from 2 hr to 5 business days but could extend beyond this time. The Company has no control over the speed at which the funds are returned to you as once the refund is initiated in our system, the rest of the financial transaction will take place between third parties, including our payment processor (Square) and your bank. Please note that you will only be refunded for the individual unit price for the specific item(s) removed from your order. Any additional expenses, such as the costs of the other, non-removed items in your order, or other applicable taxes, fees, or shipping costs, will not be refunded. Your order details will be updated with the final selection of items which you will be able to see by checking the order details in your Order History page in your My Account area.

Returns & Refunds

Return Eligibility
All sales made through our online website or in person at authorized retailers are considered final on shipped except in the instance of a defective product.

Defective Products
If you receive a defective product, please contact us within 14 days of delivery at returns@funkulture.com. We will require documentation or photographic evidence of the defect. Upon verification, we will provide instructions for returning the defective item.

A defective product is defined as an item with major flaws that significantly impede its intended function or render it unusable. These flaws extend beyond reasonable manufacturing imperfections and include issues such as structural damage, substantial discoloration or misprints, broken or missing components, or any other substantial defect that prevents the item from fulfilling its intended purpose.

Non-Returnable Items
The following types of products are ineligible for returns:

  • Gift cards
  • Downloadable products
  • Personal care items such as fragrances and makeup

Requesting Your Return
For users with an account and who have placed an order using this Website, please log into your user account and access your Order History. Click the button to “view” the order in which you would like to process a return. On the following page there is a button to request a return. Follow the prompts on the screen including providing a reason for the return.

For users who purchased from this Website without an account or while not logged into their existing account, please use the Guest Return Request Form.

When using the online return request system, you may select which product(s) in your order you would like to return. You can choose to return only part of the order or the entire order.

Processing Defective Product Returns
For defective product returns, the process may vary depending on the nature of the defect and the product itself. In some cases, we may request that you physically return the defective item to us. However, for certain products, especially those deemed irreparable or unsuitable for return shipping, we may request alternative forms of verification, such as proof of destruction.

Returning Defective Products
Upon contacting us with details of the defect, our customer service team will provide specific instructions on how to proceed with the return. This may include:

  1. Physical Return: If requested, please securely package the defective item and follow the provided instructions for returning it to us. We recommend using a trackable shipping service to ensure the safe arrival of the package.
  2. Alternative Verification: In some cases, we may request alternative forms of verification, such as photographs or videos demonstrating the defect or proof of destruction. Please follow the provided instructions for submitting this documentation.

Refund Amount & Timeline

  • Once we receive and verify the defect of the returned item or the provided documentation, we will initiate a refund to your original method of payment. Please allow 10-14 business days for the refund to be processed.
  • Please note that a flat restocking and processing fee of $10 is withheld from all refunds. As such, orders with a value of $10 or less are not eligible for a refund.
  • Product costs will be determined based on the listing price of the item at the time of requesting the return given that the current market price is either the same or lower than what it was originally ordered for. For example, if you originally purchased an item at $300 but the product is currently on sale for $250 at the time of your return request, the product will be valued at $250 and that will become the basis for any refund that is owed to you. Conversely, this valuation does not apply if the market price of the products has increased. For example, if the cost of the product has increased since you purchased it to $350 due to various factors such as the product becoming a limited release or other reasons, then $300, which was the original amount paid for the product, will be the basis for any refund owed to you.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 10 business days.

Late or missing refunds
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at returns@funkulture.com.

Delivery Issues

  • For products that are returned to us as underliverable, a flat restocking and processing fee of $17 will be witheld from all refunds. The products in the order may then be repurchased at full price.
  • Products marked as delivered by the carrier where the customer claims non-receipt require the customer to submit a domestic claim or missing mail report to USPS and provide us with the claims number. The customer should include our email addres, orders@funkulture.com, as an additional recipient of aims claims emails or documentation.

Disputes

We strongly encourage customers to first contact us directly regarding any issues or concerns with their purchase. Customers are required to allow us 30 days to address and remedy the situation before initiating a chargeback with their bank or credit card company. Should a dispute escalate to include involvement of third parties, regardless of the outcome of the dispute, the Company reserves the right to revoke the user’s access to our services, products, and Website. This may include banning the user’s account, IP address, shipping address, or name from placing future orders with us.

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