Last Updated: October 1, 2020
These Conditions of Sale govern the sale of products or services by FunnelCloud LLC to you. For conditions relating to the sale by third parties to you on funnelcloud.shop see the terms provided by the third-party. We offer a wide range of products and services, and sometimes additional terms may apply. When you use a FunnelCloud Service (for example digital downloads or applications for mobile), you may also be subject to the terms, guidelines and conditions applicable to that FunnelCloud Service (“Service Terms”). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with FunnelCloud. By placing an order with FunnelCloud, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to FunnelCloud to buy the product(s) in your order. When you place an order to purchase a product from FunnelCloud, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered.
We only accept your offer, and conclude the contract of sale for a product ordered by you, when we have received confirmation of payment in full from our payment service provider (PayPal). Your contract is with FunnelCloud LLC. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before checkout and payment. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices and delivery or download details electronically. Electronic invoices will be made available in the Your Account area of the web site. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our online help pages.
2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (FunnelCloud LLC, 705 Rutter Avenue, Kingston, PA 18704) of your decision to cancel your order. You may submit your request by contacting us at firstname.lastname@example.org. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions provided on confirmation of your cancellation no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
- the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
- the supply of goods made to your specifications or clearly personalized;
- the supply of goods which may deteriorate or expire rapidly;
- a service if FunnelCloud has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
- the supply of digital content (including apps, digital software, ebooks, documents, etc.) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
OUR VOLUNTARY RETURNS GUARANTEE
Without prejudice to your statutory rights, FunnelCloud provides you with the following voluntary returns guarantee:
All products from the FunnelCloud sites can be returned within 30 days of receipt of the products to FunnelCloud if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed data media (for example CDs, audio cassettes, VHS videos, DVDs, PC and video games and software) this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. The products are to be returned via our Return Support Center. This voluntary returns guarantee does not apply to digital products or software which are not supplied on a tangible medium (e.g. on a CD or DVD).
If you return products according to this voluntary returns guarantee, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise, the transport risk and return costs are borne by you. This returns guarantee does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
OUR VOLUNTARY DIGITAL DOWNLOADS GUARANTEE
Without prejudice to your statutory rights, FunnelCloud LLC provides you with the following voluntary returns guarantee if a downloaded digital product is other than as described or fails to function as described:
- At our sole discretion, If your downloaded copy is corrupted or unusable we will provide you with a replacement copy
- At our sole discretion, we may elect to correct any defect and make the corrected version available to you at no additional cost
- In the event that neither of these is possible or practical we will refund your purchase price in full, at which time you will cease to use the downloaded digital product and delete/destroy any and all copies in your possession
3. PRICING AND AVAILABILITY
All prices are shown exclusive of legally applicable Sales Tax, VAT other taxes and any shipping costs. Your final total purchase price inclusive of taxes and shipping will be displayed at checkout before you make payment.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will be refunded for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
4. PRODUCT INFORMATION
Unless expressly indicated otherwise, FunnelCloud is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
FunnelCloud accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
When ordering products from FunnelCloud for delivery outside of the United States you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from FunnelCloud, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information please consult the Customs authorities for your location.
6. EXPORT CONTROLS
You may not use any FunnelCloud Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using FunnelCloud Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Funnel Cloud Software), technology, and services.
When you order a product from FunnelCloud you assert that your ordering or use of the product will not contravene any US or other export restrictions, re-export restrictions or other applicable law.
7. OUR LIABILITY
FunnelCloud and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time.
8. Governing Law, Attorney’s Fees and Waiver of Jury Trial
i. The laws of the Commonwealth of Pennsylvania (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to the Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
ii. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the United States District Court for the Eastern District of Pennsylvania or in the Court of Common Pleas of Lehigh County, Pennsylvania and each party to this Agreement consents to the exclusive jurisdiction of the aforesaid courts and waives any objection to such jurisdiction based on forum non conveniens or otherwise.
iii. Each party waives, to the fullest extent permitted by law,
(i) any objection which it may now or later have to the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any court of the Commonwealth of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania.
(ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
iv. Each party agrees that the exclusive choice of forum set forth in this Section does not prohibit the enforcement of any judgment obtained in that forum or any other appropriate forum.
v. If any legal action, arbitration or other proceeding is brought under this Agreement, in addition to any other relief to which the successful or prevailing party or parties (“the Prevailing Party”) is entitled, the Prevailing Party is entitled to recover, and the non-Prevailing Party shall pay, all (i) reasonable attorneys’ fees of the Prevailing Party; (b) court costs; and (c) expenses incurred in that action or proceeding and all appellate proceedings. For purposes of this Section, the terms “attorneys’ fees” includes, without limitation, paralegal fees, expert witness fees, disbursements, and all other charges billed by the attorney to the Prevailing Party. The Prevailing Party shall be determined by the court or panel hearing the matter.
vi. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action, dispute or other legal proceeding arising out of or relating to the parties’ negotiations or this Agreement and the transactions it contemplates, including without limitation counterclaims. This waiver applies to any action, dispute or legal proceeding, whether sounding in contract, tort (including negligence) or otherwise.
9. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use funnelcloud.shop with the involvement of a parent or guardian.
12. OUR CONTACT DETAILS
Our contact details are:
Mail: FunnelCloud LLC
705 Rutter Avenue
Kingston, PA 18704