Terms and Conditions of Sales

FunkoPole is a website published by Web&Co, a sole proprietorship located at Montée de Tamuzière 38260 ST HILAIRE DE LA COTE and registered with the RCS of Grenoble. SIRET Number: 504 749 144 00045

Article 1 – General Conditions

These general conditions aim to define the rights and obligations of the parties within the framework of online sales of products offered by FunkoPole to the customer. In this sense, the customer is deemed to accept without reservation the entirety of these conditions.

Article 2 – Prices

Prices are in euros and do not include delivery charges. FunkoPole operates under the VAT franchise regime and does not recover VAT. The prices indicated are therefore net. All orders are payable exclusively in Euros.

FunkoPole reserves the right to modify its prices at any time, but the products will be invoiced based on the rates in effect at the time of ordering.
Reservation of ownership clause: The products remain the property of FunkoPole until the full payment of the price.

Article 3 – Order

Online: www.funkopole.com

Article 4 – Validation

You declare that you have read and accepted these general conditions of sale before placing your order. The validation of your order is therefore acceptance, unless proven otherwise, the data recorded by FunkoPole constitutes proof of all transactions between the store and its customers.

Article 5 – Availability

The order will be confirmed immediately after payment is made. For more details, see Article 6 – Delivery.

Article 6 – Delivery

General: Figures are made to order, so a lead time is necessary for production. FunkoPole strives to ship your orders within a maximum of 4 weeks. As soon as the figurines are ready, they will be shipped using the chosen delivery method. A tracking number will be sent to you by email.

Available delivery methods:

– La POSTE (48-72h): Purchased products are delivered to your home by La Poste in Colissimo. The usual average delivery times are 2 working days in France and 7 days internationally. Products are delivered to the delivery address you provided during the ordering process. A tracking number will be sent to you by email when your order is shipped. FunkoPole cannot be held responsible for consequences due to delays in delivery by La Poste.

Delivery Issues: You must notify the carrier on the transport receipt immediately upon receipt of your order and notify FunkoPole of any reservations about the delivered product (e.g., damaged package, already opened, etc.) within 3 days following the receipt of the product by email or by a simple phone call, to exercise your recourse against the carrier under the conditions of Article 133-3 of the Commercial Code. Then, depending on the cases defined in Article 6.3 below, you can benefit from the exchange and refund conditions provided in this article. You are responsible for the delivery information you provide during your order. Any resend of an order due to a return resulting from an incorrect delivery address or non-claim in your post office will result in a re-invoicing of shipping costs for reshipment. Payment must be made before reshipment.

We undertake to exchange apparently defective products or products that do not match your order. In this case, please report it in detail in writing and send us back the figurine(s). FunkoPole will proceed, at your choice, to exchange or refund the product(s). The request must be made within seven working days following delivery. Any claim made outside of this period cannot be accepted. The products must be returned to us in the condition in which you received them with all the elements delivered (accessories, packaging, instructions, label, etc.). In any case, you benefit from the provisions of the legal warranty, in particular those relating to hidden defects.

Article 7 – Payment

Payment for your purchases is made by credit card via Stripe.

FunkoPole reserves the right to suspend any order management and any delivery in the event of a refusal of payment authorization or in the event of non-payment. FunkoPole reserves the right to refuse to fulfill an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is ongoing.

Article 8 – Refund

Refunds for products in the cases referred to in Articles 6 and 9 will be made within a period not exceeding 15 days after the reception of the products in our premises. The refund will be made by credit to your bank account or by bank check addressed to the customer who placed the order and to the billing address. No cash on delivery will be accepted for any reason.

Article 9 – Right of Withdrawal / Returns

As our articles are specifically made to order, in the context of distance selling, according to Article L121-28 of the French Consumer Code, “The right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized.” As the figurines are clearly personalized and made to order, returns are not accepted.

In the event that you receive a defective item, return costs will be refunded upon justification (invoice for the shipment).

Article 10 – Security

Our site is subject to a security system. We do not store any banking data on our server.

Article 11 – Customer Service

For any information or question, feel free to send us an email at contact@funkopole.com. We guarantee a response within 48 hours. You can also reach us by phone at +336 12 93 91 98.

Article 12 – Liability

The products offered comply with current French legislation and standards applicable in France. FunkoPole cannot be held liable in the event of non-compliance with the laws of the country where the product is delivered (for example, in the case of a product prohibition). It is your responsibility to check with local authorities the possibilities of importing or using the products or services you intend to order. Photos are provided for illustrative purposes. We invite you to refer to the description of each product for precise characteristics; and in case of doubt or if you need additional information, feel free to contact us. In the event of an obvious error between the characteristics of the product and its representation and/or the conditions of sale, FunkoPole cannot be held responsible. Of course, for any questions about the products, you can contact us by email at contact@funkopole.com. In the case of purchases for professional purposes, FunkoPole will not incur any liability for any indirect damages arising from these terms, loss of business, loss of profit, loss of opportunity, damages, or expenses that may arise from the purchase of products. We remind you that it is advisable to save the data contained in the purchased products. FunkoPole cannot be held responsible for any loss of data, files, or damages defined in the previous paragraph. The total or partial inability to use the products, in particular due to hardware incompatibility, cannot give rise to any compensation, refund, or liability on the part of FunkoPole. Our products have performance compatible with professional use, even if FunkoPole is not intended to sell to professionals. Consequently, FunkoPole cannot be held liable for any damage resulting from professional activity.

Article 13 – Warranty

In any case, you benefit from the provisions of the legal warranty, in particular those relating to hidden defects.

Article 14 – Applicable Law and Disputes

These General Conditions are subject to French Law. The language of this contract is French. This applies to both substantive and formal rules. In the event of a dispute or claim, the customer will first contact FunkoPole to obtain an amicable solution. In the event of legal action, only French courts will be competent.

Article 15 – Personal Information

FunkoPole undertakes not to disclose the information you provide to third parties. This information is confidential. It will only be used for the processing of your order and to strengthen and personalize communication and the offer and product reserved for FunkoPole customers, including newsletters to which you have subscribed, and in the context of customizing the site according to your interests. Therefore, in accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify, and oppose the personal data concerning you. To exercise this right, simply make a request online by email, indicating your name, first name, address, and if possible your customer reference: contact@funkopole.com.

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