Regardless of quantity ordered (eg; one shirt, two shirts, twenty shirts), all transactions are charged only $5 for shipping.
Usually, from the day you order, you can expect to be showing off your new hand-crafted purchase in around 5 - 10 business days. We also offer an express shipping option during the checkout process for some orders. Our shipping partners advertise express delivery in 3 - 7 business days.
We rely on a network of external shipping partners around the country to get your order to your doorstep including UPS, FedEx, as well as local postal services.
Anywhere within the fifty United States.
If your order hasn't reached you within 15 business days, the best first step is to contact your local post office in case they are holding the package for you. You'd be surprised how often this is the case!
If you feel that your order is taking much longer than it should, and your local post office was not able to help, contact us and we'll see what we can do. When contacting us, please let us know your order number and the full correct delivery address so we can help you as soon as possible.
The 'billing' address must be your own, however you can choose a different 'delivery' address. Please note, because we email your payment confirmation and receipt it's also a good idea to use your own email address, to keep your secret.
Our priority is getting your order to its destination on time and in good condition. The packaging is very sturdy and designed to protect your order on its way to you, and is branded with FunkyRoots. We don't send any invoices or payment information with orders. Although we are currently unable to personalize your order with a message or gift wrapping, we welcome your suggestions and feedback - http://FunkyRoots.com/contact.html
FunkyRoots is about celebrating creativity. It can help you make a unique purchase.
To make this online destination for creativity available, it is essential all FunkyRoots users respect copyright. If you are a customer or browser, please respect the copyright of all the works you see or buy on FunkyRoots. Supporting copyright is an essential principle of FunkyRoots's community. Respect each other and respect the arts you find here and you'll be helping make FunkyRoots an inspiring and enjoyable community It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.
All visitors ("user", "you", "your") to the FunkyRoots website at www.FunkyRoots.com ("the website") are entering a binding legal agreement on the following terms (the "agreement") when using the website. The agreement is between the user and FunkyRoots Pty Ltd ACN 119 200 592 ("FunkyRoots", "we", "us", "our") and use of this website indicates acceptance of this agreement.
Users can purchase products on the FunkyRoots website using a valid credit card or the PayPal system. You do not have to be a member to purchase a product. The price you pay is fixed at the time of ordering. You may not cancel an order once it has been submitted. It is the customer's responsibility to ensure the product delivery address is correct. FunkyRoots takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us. We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event. We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.
We may cancel an order even if it has been confirmed and the customer's credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer's credit card or PayPal account for the amount in question.
Delivery will be made by postal or courier service and will be paid for by the customer at the price indicated at time of purchase. FunkyRoots will also charge a handling fee, which will vary depending upon the size and price of the product.
You must ensure that your access to this website and the FunkyRoots service is not illegal or prohibited by laws that apply to you. You must take your own precautions to ensure that the process that you employ for accessing this website and the FunkyRoots service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide the FunkyRoots service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the FunkyRoots service, or any transmissions by others in contravention of the registered members' obligations as set out in this agreement. You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.
All intellectual property rights in this website and the FunkyRoots service (including the software and systems underlying the FunkyRoots service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means: (1) use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or (2) commercialize any information, products or services obtained from any part of this website, without our written permission.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).
This website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not represent or guarantee that the FunkyRoots service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the FunkyRoots service or these websites will be uninterrupted.
You acknowledge that the FunkyRoots service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person's software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures. We do not warrant that any members' uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame. We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (1) if the breach relates to goods: (2) the replacement of the goods or the supply of equivalent goods; (3) the repair of such goods; (4) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (5) the payment of the cost of having the goods repaired; and (6) if the breach relates to services: (7) the supplying of the services again; or (8) the payment of the cost of having the services supplied again
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.
Your privacy is very important to us. Users of our website should refer to our privacy policy which is incorporated into this agreement by reference, for information about how we collect and use personal information.
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
This agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force. You may close your account at any time by logging into your account, clicking on the hyperlink titled 'cancel your account', which appears at the following address: http://www.FunkyRoots.com/mybubble/account, and by clicking on the button titled 'Yes, really cancel my account' that appears on the subsequent web page.
You appoint FunkyRoots Pty Ltd ACN 119 200 592 ("FunkyRoots", "we", "us", "our") as your non-exclusive agent to market and sell your art and manufacture and deliver a physical product ("your product") once an order has been made through www.FunkyRoots.com ("the website"). FunkyRoots accepts the appointment as agent, on the terms set out in this Agency Agreement.
1.1 You appoint FunkyRoots as your agent to market to and obtain orders from customers for the purchase of your products over the website and to fulfil those orders by manufacture and delivery of your products ("appointment") and we accept the appointment and will carry it out with regard to your interests.
1.2 The appointment is valid from the date of this Agency Agreement until termination in accordance with its terms.
1.3 You agree that FunkyRoots is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.
2.1 For the duration of the appointment, you grant FunkyRoots a non-exclusive royalty free license to use your intellectual property in your products for the purpose of enabling us to carry out the appointment.
3.1 The retail price charged to customers who purchase your product is made up of the base price, your creator margin ("your margin"), and GST where relevant. FunkyRoots will also charge the customer a postage and handling fee. The base price is the fee FunkyRoots charges to manufacture the product (inclusive of tax). When making each individual work available for sale you are able to select any percentage markup you wish, greater than or equal to 0, above the base price. The percentage markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale.
3.2 You may change the percentage markup above the base price at any time by changing your selection on the website. We may change the base price at any time without specific notice to you and this will affect the dollar value of your margin, which is calculated as a percentage of the base price (e.g. if we increase our base price, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website.
3.3 FunkyRoots will send you an email to the email address you registered in your account after an order has been placed for your products. 3.4 You agree that FunkyRoots makes no representation that it will be able to procure an order for your products at the retail price or at all, nor that you will obtain any benefit by making the appointment and entering into this Agency Agreement.
4.1 You authorize FunkyRoots to collect, hold and distribute the retail price and postage and handling fees ("sale proceeds") from customers on the terms set out in this clause 4.
4.2 You authorize FunkyRoots to deduct the base price and the postage and handling fee from the sales proceeds for your products before distributing your margin, and tax where relevant, to you.
4.3 We will either post you a check, initiate a direct bank deposit or initiate a PayPal deposit before the 7th day of the month for sales made in the previous month, in accordance with the payment method you selected on the website.
4.4 If your elected payment method is by direct bank transfer or PayPal transfer and you have earned less than 20 United States of America Dollars (hereafter 'US$') during the month, or equivalent in Euros, British Pounds or Australian Dollars, FunkyRoots reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least US$20.
4.5 If your elected payment method is by check and you have earned less than US$100, FunkyRoots reserves the right to roll that amount over to the following month and continue to roll it over until you have earned at least US$100.
4.6 Despite clauses 4.4 and 4.5, you may request payment at any time for the full amount in your account and a US$5 administration fee will apply. FunkyRoots will pay this amount to you within 7 days of your request.
4.7 FunkyRoots will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. It is your responsibility to ensure FunkyRoots has current details of your postal address and bank account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified FunkyRoots of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.
5.1 Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agency Agreement.
5.2 If you have an Australian Business Number (ABN) you may submit your ABN to the website where requested. If you do not have an ABN, or if you elect not to submit your ABN to the website, you will be required to give us more information about the circumstances under which you are offering your products for sale on the website, including whether any of the Australian Taxation Office (ATO) exemptions apply to you. In some circumstances we may be required to withhold 46.5% of your margin and pay this money to the ATO and you authorize us to do this if we decide, at our sole discretion, that this is required by the ATO guidelines.
5.3 You will indicate to us on the website whether you are registered for Goods and Services Tax (GST). If you are required to add GST to your products, that amount will be added to the price charged to the customer. We will collect that amount on your behalf and distribute it to you with your margin using the payment method you have selected on the website. All GST payment and reporting responsibilities by you to the ATO are entirely your responsibility.
6.1 You hereby indemnify and will keep FunkyRoots indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Agency Agreement or arising out of your wilful act, neglect or default in the performance of such obligations.
6.2 This clause 6 will survive the termination of this Agency Agreement.
7.1 In no case will FunkyRoots be liable for any consequential loss or damage suffered by you arising from the appointment from this Agency Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.
8.1 You can give notice of termination of this Agency Agreement by closing your account in the method described in the User Agreement.
8.2 FunkyRoots may give notice of termination of this Agency Agreement to you in writing at any time.
8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Agency Agreement. Termination of this Agency Agreement will take effect once these transactions have been completed.
8.4 Upon termination of this Agency Agreement by either party, FunkyRoots will pay you any accrued member margin proceeds from your account, less a US$5 administration fee.
FunkyRoots respects your privacy. We will never rent or sell your personal information to any third party. To provide you with the FunkyRoots service we collect personal information, such as your name and email address. From time to time we will email you useful information about using the FunkyRoots service. If you have any comments or queries about our privacy policy or the way we collect and use your personal information please just ask.
Respecting and recognising the rights of others is important to FunkyRoots. You wouldn't want someone to sell your art as their own, and we ask that you don't do it to others. Aside from the legal issues, respect and recognition of other artists help define and support the FunkyRoots community.
Copyright protects the expression of an idea in a material form. Most relevant to FunkyRoots users is that copyright protects such things as stories, poems and other literary works. It also protects artistic works, including photos, paintings and logos. Trade marks are slightly different. They protect the use of a mark in designating the trade source of particular goods and services. There are several international treaties that relate to intellectual property, but that's not to say that laws are uniform across the world. With that in mind, generally speaking, if someone has created or owns the rights to a picture, painting, logo, story, poem or any other work (regardless of whether it's an individual or a large global company), you should obtain consent before you use that work in your own work. This will help ensure that you don't infringe the rights of that third party in creating, uploading and selling your art on FunkyRoots and you continue to foster a supportive and creative environment at FunkyRoots. You take full responsibility for the works you upload and display on FunkyRoots, and this is reflected in the FunkyRoots Terms of Service which you agree to comply with in order to use the FunkyRoots service.
The issue of "fair use" is often raised with us in the context of FunkyRoots. Fair use describes various ways in which copyrights may be exercised without the permission of the owner. It typically applies in limited circumstances, including parody, and isn't the same as "freedom of speech". Unfortunately, as with copyright in general, the scope of "fair use" is different in different countries, and therefore any general rules quickly become complicated. It's also important to note that "fair use" generally does not apply to trademarks and other rights, which have their own rules and exceptions. While some uses might appear "fair", we ask that you understand that FunkyRoots must act in accordance with the DMCA process when a report has been received.
DMCA is the Digital Millennium Copyright Act.
FunkyRoots respects the intellectual property rights of others and we ask our users to do the same. FunkyRoots may suspend or terminate users who in our opinion infringe the copyright or other rights of others purposely (see deliberate misuse). If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify FunkyRoots's designated agent for complaints (contact email below), and provide the following important information: 1. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter; 2. a description of the matter claimed to have been infringed; 3. a description of where the claimed infringing content is located on the FunkyRoots site. URLs should be in the following form: http://www.FunkyRoots.com/people/[user]/[product type]/[work number and name]; 4. 5. your address, telephone number, and email address; 6. a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law; 7. a statement by you, made under penalty of perjury, that: a. the above information is accurate; and b. you are authorised to act on behalf of the owner of the rights involved. FunkyRoots's Designated Agent for complaints can be reached at: dmca (at) FunkyRoots.com
If the FunkyRoots DMCA team have received a DMCA report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works. The DMCA report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright or a registered trademark. We have a legal obligation to act on reports filed in accordance with our DMCA policy. If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification, which we will forward directly to the complainant.
We do apologize that we are legally not able to provide individual copyright advice, or give personal opinions on copyright matters. We recommend that you research the relevant copyright laws and their application to your work on the Internet (links below), or consult an I.P. specialist if you are unsure why your specific work may have been included in a DMCA report.
General: http://en.wikipedia.org/wiki/Copyright Australia: http://www.copyright.org.au/information United Kingdom: http://www.ipo.gov.uk/copy.htm United States: http://www.copyright.gov/
If you believe that removal of the content is the result of a mistake (for example, that you have authorisation) or misidentification, you can send us a counter notice. Such counter notice must provide the following information - 1. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter; 2. a description of the content which we have removed, including the URL on which the content was located on the FunkyRoots site; 3. your address, telephone number, and email address; 4. a statement by you that you consent to the jurisdiction of the Federal District Court, Santa Clara County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person; 5. a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; You can send a counter notice to dmca (at) FunkyRoots.com A sample counter notice can be viewed at http://www.chillingeffects.org/dmca/counter512.pdf Before providing such notice, you should be aware that we are obliged to inform the complainant that you have provided that notice (and provide a copy of your counter-notice to them) and that their next step would be to take court action against you in the United States.
