Terms & Conditions
Terms and Conditions
Parties to this agreement
2. Use of the Site
4. Your responsibilities
5. Order confirmation and payment terms
7. Product prices
9. Withdrawal right
Limitation of liability
11. Changes to the Site and this Agreement
13. Jurisdiction and settlement of disputes
14. Language of this Agreement
- Parties to this agreement
This agreement (referred to hereinafter as the Agreement) contains the terms and conditions for the use of this website (the "Site"), including without limitation for ordering products. By using the Site, you confirm that you accept and will comply with these terms and conditions.
If you place an order through this Site, the seller of such products is Funkis Ltd ("Funkis"), and Funkis will handle the fulfillment of such purchase. The contact details of Funkis are:
Moomin Shop, Unit 20
The Stables Market, Chalk Farm Road
London NW1 8AH
The Site is owned and operated by All Things Commerce Helsinki Ltd ("All Things Commerce"). The contact details of All Things Commerce are:
All Things Commerce Helsinki Oy
Salmisaarenranta 7M, 00180 Helsinki
Vat Number: FI25621882
- Use of the Site
2.1. The Site is intended for use by private individuals, institutions and companies.
2.2. You must be eighteen or older to order products using the Site.
2.3. This Site, including without limitation images, drawings, sound, graphics and text, is protected by worldwide copyright and other proprietary laws and treaty provisions. All Things Commerce grants you a limited license to access and make personal use of this Site, and not to download, except where specifically invited, nor to duplicate, sell or modify, any portion of this Site without express written authorization from All Things Commerce.
3.1. You can register by filling out the register form and choosing a user name and password. To register, you must provide your real name, address, phone number/ mobile phone number and e-mail address. In addition to the above-mentioned information, institutional and corporate customers must include their trading name and VAT number and, if a registered company, their company number. You can order products also without registering.
3.2. If you order on behalf of a company you warrant that you have sufficient authority to order the items in question and bind that company to this Agreement.
3.3. Registration is free of any charges.
- Your responsibilities
4.1. You accept responsibility for all activities that occur under your account or password. You are solely responsible for maintaining the security of your password.
4.2. You warrant that the information you provide during the registration process (and any notification of change of such information) is true and correct.
4.3. You warrant that you are over 18 years old.
- Order confirmation and payment terms
5.1. If you place an order for a product using this Site, Funkis’ acceptance of your order will take place when you have received an email from Funkis confirming your order, availability and estimated delivery time, at which point a binding sales agreement will come into existence between you and Funkis.
5.2. Unless otherwise agreed, you must pay for the products before Funkis dispatches them.
5.3. Funkis reserves the right to cancel any order or deliver an incomplete order based on product stock errors that may occur and which are beyond its reasonable control and you will be refunded for any orders cancelled in its entirety, or in case the order is partly cancelled, for that part, for such reason.
5.4. Funkis reserves the right to reject any order in its sole discretion.
- Product orders
6.1. After entering into the sales agreement with Funkis, and subject to these terms and conditions, Funkis will arrange for the delivery of the ordered product(s) to the address provided by you.
6.2. The sales agreement constitutes a one-time contract between Funkis and you.
6.3. Funkis is under a legal duty to supply products that are in conformity with your sales agreement with it.
- Product prices
7.1. The product price is the price displayed for the item on the Site at the time of ordering.
7.2. Delivery charges are added to the product price, in accordance with the delivery option chosen by you. The price is shown per order, unless otherwise stated. The delivery fee for each order will appear on the Site before the order is placed.
7.3. All the product prices and delivery charges are displayed in pounds (GBP).
7.4. For all orders within the EU product prices and delivery charges include VAT.
7.5. When ordering from outside the EU, you agree to pay any local taxes, customs duties, clearance charges and other comparable costs.
7.6. All purchases exceeding 100 euros, excluding custom made on-demand products, are eligible for a complimentary product: “MOOMIN logo tote bag”. Funkis does not guarantee availability of the “MOOMIN logo tote bag” at the moment of purchase and can at sole discretion exclude “MOOMIN logo tote bag” as a complimentary product. Only 1 bag per order is included.
8.1. Delivery times may vary from product to product. Delivery time is determined by availability of the product and order destination but shall be within 30 days after the day on which Funkis accepts the order (unless you and Funkis agree otherwise). The available delivery options are visible in the Site. Funkis delivers the products to you based on a contract of carriage entered into with a third party.
8.2. Funkis and All Things Commerce shall not be liable for delays in performing or failure to perform this Agreement or any obligations hereunder, which are directly attributable to causes beyond its reasonable control, including, but not limited to, acts of God, fires, strikes or labor disputes (other than by Funkis’s or All Things Commerce’s own staff), war, acts or intervention by any governmental authority, failure of a common carrier, supplier, hardware, software, browser, or communications equipment, or network failure, congestion, or malfunction.
8.3. The product will be your responsibility from the time Funkis delivers the product to the address you gave Funkis or you collect it from Funkis. You own the product once Funkis has received payment in full.
8.4. If, after a failed delivery, you do not re-arrange delivery or collect the goods from a delivery depot, shipments with stocked products and/or print-on-demand products, which are returned to the sender will not be automatically shipped out again. Please contact firstname.lastname@example.org for more information.
8.5. If there are defects in the products supplied, you must notify Funkis within a reasonable time after you discovered the defects or should have discovered them. Funkis recommends that you report any defects within 14 days counted from the day of delivery. If you wish to exercise your legal rights to reject products you must either, post them back to Funkis or (if they are not suitable for posting) allow Funkis to collect them from you. Funkis will pay the costs of postage or collection if the return is due to a defect in the product. Please email Funkis at email@example.com for information.
- Withdrawal right
9.1. Where you are placing an order for or on behalf of a company or institution, you shall have no right to cancel an order because you have changed your mind. The remainder of this section only applies where the order is placed by a consumer, not a company or an institution.
9.2. You have the right to change your mind and cancel your order within 30 days after receipt of the goods by sending an email to firstname.lastname@example.org or in another clear manner.
9.3. If the order is cancelled because you have changed your mind then you must either post the goods back to Funkis or (if they are not suitable for posting) allow Funkis to collect them. You will be responsible for the costs of postage or collection if the return is due to a change of your mind.
9.4. If you have received the products, the products must be kept substantially unchanged and undiminished until you have decided to keep the products. If, however, you withdraw from the contract after the products have been taken into use, you are responsible for any diminished value of the products resulting from the handling of the products other than what is necessary to establish the nature, characteristics and functioning of the products (or in other words, other than handling that would be permitted in a shop). Funkis may thus charge you for any decrease in value, or refuse a refund if the goods have become unsellable due to use.
9.5. When sending back the products, you will be responsible for any damage in transit.
9.6. You do not have a right to change your mind in respect of purchases of (a) custom made / made to order / on-demand products such as the Official Moomin Shop’s sweatshirt, t-shirts and posters or (b) foodstuff and sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. Please contact email@example.com with enquiries.
9.7. Only returning the goods or not collecting them from the post without a separate notice of withdrawal is not sufficient to cancel the order because you have changed your mind. It is your responsibility to clearly tell Funkis that you have changed your mind and wish to cancel the order.
9.8. If you cancel the order prior to delivery or for any reason decline to receive the goods and they are to be returned to Funkis any reasonable returning fees and charges incurred by Funkis may be deducted from the amount refunded for the product(s).
- Limitation of liability
Website use (excluding orders)
- In relation to use of the Site (other than the placing of orders):
- Whether you are a consumer or a business user:
- Neither All Things Commerce nor Funkis excludes or limits in any way its liability to you where it would be unlawful to do so;
- different limitations and exclusions of liability will apply to liability arising as a result of any orders placed by you using the Site (see below).
- If you are a business user:
- Each of All Things Commerce and Funkis excludes all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.
- Neither All Things Commerce nor Funkis will be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site; or
- use of or reliance on any content displayed on the Site.
- In particular, neither All Things Commerce nor Funkis will be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user:
- please note that All Things Commerce only provides its Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and All Things Commerce has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Orders placed through the Site
In relation to orders placed through the Site:
10.2 If you are a consumer (and not a business user), then:
- (subject to section 10.2(b)) if either Funkis or All Things Commerce fails to comply with these terms and conditions, it is responsible for loss or damage you suffer that is a foreseeable result of its breaking the sales agreement, or failing to use reasonable care and skill, but not for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the sales agreement was made, both Funkis or All Things Commerce (as applicable) and you knew it might happen (for example, if you discussed it with Funkis or All Things Commerce (as applicable) during the sales process);
- Neither Funkis nor All Things Commerce excludes or limits in any way its liability to you where it would be unlawful to do so. This includes liability
(i) for death or personal injury caused by Funkis’ and/or All Things Commerce’s negligence or the negligence of their employees, agents or subcontractors (as applicable);
(ii) for fraud or fraudulent misrepresentation;
(iii) for breach of your legal rights in relation to the products (including the right to receive products which: are as described and match information Funkis provided to you and any sample or model seen or examined by you; are of satisfactory quality; are fit for any particular purpose made known to Funkis; are supplied with reasonable skill and care and, where installed by Funkis, correctly installed; and for defective products under the Consumer Protection Act 1987; and
- Neither Funkis nor All Things Commerce is liable for business losses. If you are a consumer, the products are only supplied to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose any liability of Funkis or All Things Commerce to you will be limited as set out in section 10.3.
10.3 If you are placing the order for business purposes:
- nothing in these terms shall limit or exclude All Things Commerce’s or Funkis’ liability for:
- death or personal injury caused by Funkis and/or All Things Commerce; negligence, or the negligence of Funkis’ and/or All Things Commerce’s employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- defective products under the Consumer Protection Act 1987; or
- any matter in respect of which it would be unlawful for Funkis and/or All Things Commerce to exclude or restrict liability.
- except to the extent expressly stated in section 10.3(a), all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded; and
- subject to section 10.2(a):
- Funkis and/or All Things Commerce shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any agreement between Funkis and/or All Things Commerce and you; and
- the total aggregate liability of Funkis and All Things Commerce to you for all other losses arising under or in connection with any agreement between Funkis and/or All Things Commerce and you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total charges paid by you to Funkis and/or All Things Commerce in the 12-month period immediately prior to the breach occurring.
- Changes to the Site and this Agreement
11.1. All Things Commerce reserves the right to make changes to the Site or online policies.
11.2. All Things Commerce and Funkis may make changes also to this Agreement at any time, due to changes in legislation or decisions on the part of the authorities, changes in taxes, customs charges or other public fees which affect the prices of the products, or reasons beyond their control, but if they do so they will notify you and you may then contact them to end your agreement with them before the changes take effect and receive a refund for any products paid for but not received.
- Jurisdiction and settlement of disputes
To the extent permitted by law and without prejudice to any mandatory provisions of consumer protection law of the country in which you have your place of residence, if applicable, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. This does not affect any legal right you may have as a consumer to bring a claim in your local jurisdiction.