Terms of service

OVERVIEW

Welcome to the FunePlace store. The terms “we”, “us”, and “our” refer to FunePlace. FunePlace operates this store and website, including all related information, content, features, tools, products, and services, to provide you with a customized shopping experience (the “Services”). The FunePlace store is powered by Shopify technology, which enables us to provide the Services to you.

The following terms, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they may contain important information about your rights and may address topics such as disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, do not use or access our Services.

SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or region of residence and that you consent to any minor dependents using the Services on devices that you own, manage, or acquire.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, we may ask you to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not assign, sell, transfer, or license your account to any other person.

SECTION 2 — OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, please note that product colors and appearance may vary from what you see on your device screen, depending on the device type and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or match what is displayed in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, in any geographic region, or in any country, as applicable.

SECTION 3 — ORDERS

When you place an order, you make an offer to purchase. FunePlace reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until FunePlace confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as FunePlace may not be able to accommodate cancellation requests after an order has been accepted. If we reject, change, or cancel your order, we will notify you using the email address, billing address, and/or phone number provided at the time you placed your order.

Purchases are eligible for return or exchange only in accordance with our Returns Policy [LINK].

You represent and warrant that you are purchasing products for personal use only and not for commercial resale or export.

SECTION 4 — PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores, online, or in other stores operated by third parties. From time to time, we may offer promotions on the Services that may affect pricing and may be subject to terms separate from these Terms. In the event of any conflict between promotional terms and these Terms, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges incurred will be honored by your credit card provider; and (iv) you will pay all charges at the posted prices, including shipping and handling charges and any applicable taxes.

SECTION 5 — SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All delivery timeframes are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once products are delivered to the carrier, title and risk of loss pass to you.

SECTION 6 — INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, and their design, selection, and arrangement, are owned by FunePlace, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services only for personal and non-commercial purposes. You may not copy, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without prior written consent.

Unless expressly stated otherwise, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of FunePlace, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by FunePlace.

The FunePlace name, logo, product and service names, designs, slogans, and store name are trademarks of FunePlace or its affiliates or licensors. You must not use such marks without prior written permission. Shopify and related names and logos are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide you access to third-party tools as part of the Services, which we do not monitor or control. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, conditions, or endorsements. We are not liable for your use of optional third-party tools.

Your use of optional tools offered through the website is entirely at your own risk and discretion. Please ensure you read and accept the terms provided by the relevant third-party provider.

We may also offer new features through the Services in the future (including new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites. If you choose to leave our Services to access third-party materials or websites, you do so at your own risk.

We are not responsible for any harm or damages related to accessing third-party websites or purchasing or using any products, services, materials, or content on third-party websites. Please review third-party policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

The FunePlace store is powered by Shopify technology. This enables us to provide you with the Services. However, all sales and purchases made in our Store are made directly with FunePlace.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of the sale between you and FunePlace, including any injury, damage, or loss resulting from the purchase of products or services. You expressly release Shopify and its affiliates from any claims, damages, and liabilities related to purchases and transactions made in the FunePlace store.

SECTION 10 — PRIVACY POLICY

Any personal data we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, available here [LINK]. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data related to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services will be transferred to and shared with Shopify, and may also be shared with third parties located in countries other than your country of residence in order to provide services to you. Please review the Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal data.

SECTION 11 — FEEDBACK

If you submit, post, email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free license (with the right to sublicense) to use, copy, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

You further represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) any compensation or incentives received in connection with the Feedback have been disclosed; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep Feedback confidential; (2) pay compensation for Feedback; or (3) respond to Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You acknowledge that your Feedback will not violate any rights of any third party, including copyrights, trademarks, privacy rights, or other personal or proprietary rights. You further acknowledge that your Feedback will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for any Feedback posted by you or any third party.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 — PROHIBITED USE

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:

  • for any unlawful or malicious purpose;
  • in violation of any international, federal, local, or state laws, rules, regulations, or ordinances;
  • to infringe our intellectual property rights or the intellectual property rights of others;
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
  • to submit false or misleading information;
  • to send, receive, upload, download, use, or re-use any material that does not comply with these Terms;
  • to transmit unsolicited advertising or promotional material, including “chain letters,” “spam,” or similar solicitation;
  • to impersonate or attempt to impersonate any person or entity;
  • to engage in any other conduct that restricts or inhibits anyone’s use of the Services or may harm FunePlace, Shopify, or users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; (e) interfere with or circumvent the security features of the Services or any related websites or the Internet.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if you violate any provision of these Terms.

SECTION 14 — TERMINATION

We may terminate this agreement or block your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 15 — DISCLAIMER

Information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk.

UNLESS EXPRESSLY STATED OTHERWISE BY FUNEPLACE, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUNEPLACE, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FunePlace, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damages, liabilities, or claims, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your breach of these Terms or incorporated documents; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

SECTION 18 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies posted by us on this site or regarding the Services constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 — ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 — GOVERNING LAW

These Terms of Service and any agreements through which we provide Services to you shall be governed by and construed in accordance with federal and state or local laws applicable in the country where FunePlace is based. You agree, together with FunePlace, to submit to the jurisdiction of such courts.

SECTION 22 — HEADINGS

Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 — CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes as required by applicable law. Such changes will take effect on the date specified in the notice. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to: funeplace@gmail.com

Our contact details:

FunePlace
info@funeplace.com

Pv-View Michał Szczotka
NIP: 5532586115
REGON: 526368537
Registered address: Kwiatowa 6, 34-371 Ujsoły