Last updated: November 18, 2022
1. General information on fungifts.site
1.1 These Terms and Conditions apply to all visitors and purchases from fungifts.site and Drayss investment Limited, Cypriot no. HE414397 - hereinafter referred to as “FunGifts” – setting out also the terms and conditions of membership for the membership.
1.2 Your Account reflects the balance of Membership credits. A FunGifts credit can be spent at any time. The amount of credits you receive is equal to the membership top-up value, based on the EUR currency (1 EUR = 1 credit). A FunGifts credit expires after 30 days.
1.3 By accepting our Terms and Conditions, you will be automatically subscribed to SMS and email notifications regarding your orders, personal preferences and activities related to FunGifts. You can unsubscribe these notifications at any moment by accessing your "My account" page on FunGifts website or contacting our customer support.
1.4 FunGifts offers members the opportunity to participate in its membership rewards program. To become a FunGifts member, simply purchase any FunGifts product at member price on this Site or through an applicable Service and you will be automatically enrolled in the FunGifts membership program (including every 14 days, automatic purchase feature). As a FunGifts member, our experts will send you a customized product offer before every top-up. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a value FunGifts member, you will enjoy the exclusive member-only pricing and dedicated promotions. You may cancel your FunGifts anytime by entering your account, writing an email or by calling one of our customer service representatives at stated phone number.
2. Cookies and personal data
2.2 A cookie is a text file, enabling the storing of information or accessing data already stored on the distributor’s computer, tablet, smartphone, terminal equipment and the like, for the purpose of obtaining data on the Customer. Data accumulated by means of cookies are used to analyse the Customer’s behaviour on the website and to give the Customer an optimum experience. Further, cookies are applied within marketing.
2.3 FunGifts accumulates necessary cookies, preferential cookies, operational and optimizing cookies as well as cookies on targeted advertising.
2.3.1 Necessary cookies are required for the operation of certain functions on the website.
2.3.2 Preferential cookies are accumulated to support settings made by the Customer, such as e.g. login settings.
2.3.3 Operational and optimizing cookies are collected for the purpose of adding customer feedback and for web analyses comprising the Customer’s behaviour, search processes on the website and the like, the purpose thereof being to optimize the website.
2.3.4 Cookies on targeted advertising are used to follow the Customer’s browsing habits and online activities. Such information is used to show individually customized contents.
2.4 If linking further on from FunGifts to a third party’s website, the third party’s website may also accumulate cookies. FunGifts recommends the Customer to make inquiries about any third party’s cookies policy.
3. Membership perks and pricing
3.1 Your Account reflects the balance of Membership credits. A FunGifts credit can be spent at any time. The amount of credits you receive is equal to the membership top-up value, based on the EUR currency (1 EUR = 1 credit). A FunGifts credit expires after 30 days.
3.2 Gift Cards function almost identically to membership credits. Gift Cards constitute prepaid promotional certificates that are provided to Members in connection with the Membership Program. They can be used by you to purchase any products or services provided on this Site. Gift Cards are freely transferable and can be broken and applied across multiple purchases on this Site or the FunGifts Services.
3.3 Gift Cards expire 3 days after its acquisition date. However, if the Customer cancels the membership during your initial period, the gift card will be inaccessible on his/her account.
3.4 The Customer is responsible for ensuring that his/her account details are correct and updated at any time.
3.5 The recurring (every 14 days) member top-up price is €15.00 for STARTER, €22.00 for BASIC, €34.00 for PRIME, €43.00 for GOLD, €63.00 for VIP, including VAT, to be drawn on the Customer’s selected payment method every 14 days, all dependent on the Customer’s choice of package. FunGifts sometimes offers special welcome offers, where the introductory period usually is between 3 and 30 days. Your recurring membership price can be downgraded to a lower pricing model as an automatic service after signing up. If this change occurs your receipts will reflect the new membership price.
3.6 If the Customer wishes to terminate his/her membership, he/she may do so with immediate effect. Termination must be notified in writing to the email address statied in clause 10 or by means of the Customer’s account under “My account” / “My membership”. Use the function “Termination of membership”. Credits are non-refundable and a cancelation fee of 6.95 EUR will be charged immediately.
3.7 In case of termination, the Customer’s account will become inactive upon expiry of the period paid for, except in case of termination during the introductory period, in which case the Customer’s account will become immediately inactive. The Customer is not entitled to demand repayment of the membership price, in full or in part.
3.8 FunGifts offers members the opportunity to participate in its membership rewards program. To become a FunGifts member, simply purchase any FunGifts product at member price on this Site or through an applicable Service and you will be automatically enrolled in the FunGifts membership program (including every 14 days, automatic purchase feature). As a FunGifts member, our experts will send you a customized product offer before every top-up. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a value FunGifts member, you will enjoy the exclusive member-only pricing and dedicated promotions. You may cancel your FunGifts anytime by entering your account, writing an email or by calling one of our customer service representatives at stated phone number.
3.9 Memberships with an eventual introductory period must be cancelled before the end of the limited period, In the event that the membership is not cancelled before the limited period then the membership will be converted into full membership at the stipulated regular price and automatic charges will apply.
4. Prices, payment and order confirmation
4.1 The prices for the products are those specified on the website on the date of the order and are inclusive of VAT, taxes, dues, and fees, but exclusive of transport costs.
4.2 The prices specified for each product vary depending on the Customer's status (Normal price for Customers without a membership, price for first purchases as a member, and price for recurrent purchases as a member).
4.3 The European price guarantee offered on fungifts.site is associated with the prices for first purchases as a member. The European markets to be taken into consideration are the 27 member states of the European Union, together with Iceland, Norway, Switzerland, and the United Kingdom. The European price guarantee does not take into consideration external prices resulting from temporary offers or campaigns. In order to be entitled to compensation for the price difference, the Customer needs to document the difference by the time of the purchase or the following days, as well as report the price difference to our Customer Support within 7 days upon the purchase. In order to prove the price difference, our Customer Support should be able to access the external price through a valid online link.
4.4 The prices and descriptions of products are subject to typographic errors on the part of fungifts.site.
4.5 Orders for products described as license keys are limited to the purchase of one (1) activation key per user account.
4.6 FunGifts, in its sole discretion, will establish the available stock for the products based on availability and may vary as it deems appropriate.
4.7 The Customer may pay by VISA, MasterCard or Direct Debit.
4.8 When payment has been effected, the amount is withdrawn from the Customer's payment method and the Customer will within a reasonable time receive written confirmation of the purchase by email, including these Terms and Conditions as an integrated part.
4.9 FunGifts will only issue receipts once the purchase has been completed and will contain the information registered by the customer on the FunGifts account.
5. Cancellation right
5.1 The Customer is entitled to regret his/her purchase under section 18(1) of the European Act on Consumer Contracts. If the Customer wishes to exercise his/her cancellation right, the Customer must give notice thereof to fungifts.site within 14 days upon receipt of the product.
5.2 The Customers can always cancel their current membership, there is no binding period. Termination can take place via the self-service area on fungifts.site or by contacting customer support.
5.3 The Customer is liable for any diminution in the value of the product if the commencement of use thereof exceeds any handling required for determining the nature and features of the product and in the course of testing the product. The cancellation right hereunder remains in force, provided, however, fungifts.site is entitled to set off any such diminution in value against the refund amount.
5.4 The purchase price shall be refunded to the Customer’s payment method no later than 14 days after the date when the Customer has given notice of the withdrawal of the purchase. However, fungifts.site reserves the right to withhold the purchase price refund of the products until the products have been returned and received, or until the Customer has submitted the appropriate documentation for their return.
5.5 Once the order has been dispatched, fungifts.site reserves the right to refuse a request for cancellation. Notwithstanding, If the customer still wishes to cancel the order, the customer shall refuse the shipment at the delivery stage.
6.1 The time of delivery is stated under the individual products on the website. If not otherwise stated, the time of delivery will be approx. 2-7 working days.
6.2 All products are sent by an acknowledged carrier for delivery at the address indicated in the order.
6.3 Delivery of the product is considered effected when the product has come into possession of the Customer.
6.4 In case of a package is undelivered, the Customer is responsible for contacting fungifts.site Customer Support within 30 days from the purchase date.
6.5 In case of a missing product, the Customer is responsible for contacting fungifts.site Customer Support within 24 to 72 hours after receiving it as indicated in clauses 8.2 and 8.3.
6.6 Drayss investment Limited has the right to subcontract third-party suppliers to provide the transportation services required hereunder to other carriers, provided any such carrier shall be reasonably acceptable to the shipper and qualified to perform the required transportation services. All subcontractors appointed by the carrier shall be subject to the terms and conditions set forth herein. In no event shall the carrier subcontract any of its transportation logistics services, including its services as a transportation services broker.
6.7 The direct expenses incurred in connection in case the Customer fails to collect the product in due time are payable by the customer. The Customer carries the risk in case of accidental loss of or damage to the product during return thereof.
6.8 In case of any returns of products please review please refer to the return policy.
7.1 Drayss investment Limited requires existing framework agreements with one or more companies with which Drayss investment Limited cooperates to deliver services (hereinafter: Contractual Companies).
7.2 Drayss investment Limited maintains existing framework agreements with one or more transport companies with which Drayss investment Limited cooperates (hereinafter: Contractual Companies).
7.3 Drayss investment Limited commissions the transport company selected according to clause 6.5 of these Terms and Conditions.
7.4. Drayss investment Limited is a direct seller and does not provide additional services to third parties in case of resale.
8.1 The Customer is obliged to provide the Company and the carriers with all information required to complete the customs formalities and to provide the necessary documents through our email [email protected]
8.2 The Customer must inspect the Goods on received and submit a claim within (24 to 72 hours) from the delivery in order to investigate the case. The customer must inform of any alleged defects, shortage in quantity or damage, including but not limited to products with visible functionality, casing or packaging damage, wrong product, or missing product.
8.3 In order for the complaint to be deemed valid the customer has to provide a photograph indicating the missing piece(s) on the image of the product; a Photograph of the opened box, where the protective seal can be seen; a Photograph of the label attached from the courier; a Photograph of the visible damage or mistaken product; Image of the list of products with stamps; image of the EAN code; A video is also accepted in these cases, as long as all the previous required information is clearly captured and easy to view. If the customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them.
8.4 Where a defect would not have been apparent on a reasonable examination under clause 8.2, the customer shall notify the Company as soon as reasonably possible when the defect becomes apparent; and the customer shall provide all information and assistance required by the Company to investigate any suspected defect and, if required, permits the Company to inspect the Goods concerned at any premises where the same are located.
8.5 The Customer is not permitted to return the product COD or by means of a parcels office. When a return of a product is been made by a customer with a Non-Member account additional transport costs may apply. If the return of the product is been made by a customer enrolled in the members club, the transport cost will be covered by fungifts.site. In any case, the products must specify the sender’s name, and address and be marked “complaint”. Products shall be marked “return” if the return of the product is due to the exercise of the cancellation right.
8.6 Further details of the Company’s returns policy will be communicated to the customer on a regular basis.
9.1 FunGifts Customers are entitled to a refund within 14 days from the day of purchase. If the purchase is a membership service with a recurring charge, then the users have the right to cancel the service and all future charges by following the instructions given in the message sent after the purchase. To the extent permitted by law, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Services or credits or goods that have been received and enjoyed, we reserve our right to reject Customer’s Refund request.
9.2 Refunds can be claimed by using our email address [email protected] Refund depends on case to case. Please note, the Refunded amounts in some cases may differ from the paid amount due to currency exchanges and third-party fees, and we shall not be responsible for the differences caused by such rates or fees.
9.3 If a refund claim has been assessed by us as due for Customers that have used fungifts.site credits as a Payment Method, the refund will be processed as credits to the same account.
9.4 If a refund claim has been assessed by us as due for Customers that have used a mixed Payment, including fungifts.site credits and debit/credit card or direct debit, the refund will be processed corresponding to the equivalent of the portion paid from each payment method selected.
9.5 If a refund claim has been assessed by us as due for Customers that have selected Direct Debit as a Payment Method, the refund will be processed to the selected bank account, Ten (10) business days after the payment has been confirmed by the issuing bank.
9.6 If a refund claim has been assessed by us as due for Customers that have used credit/debit cards as a Payment Method, it will be processed and credited back to the original payment method selected.
9.7 Refunds request coming from orders rejected by the customers at the delivery stage as stated in clause 5.5, will be issued once the order has reached the logistics warehouse of origin and has passed the quality inspection.
9.8 When the shipment has not been successfully delivered to the customer for any logistical reasons caused by fungifts.site, the customer shall submit a claim to fungifts.site and after evaluating the request shall process the refund to the original payment method if the claim has been assessed by us as due.
10. Security and personal data
10.1 Protection of the Customer’s privacy is important to FunGifts. Consequently, our payment solution is based on the SSL standard, meaning that the information submitted by the Customer in connection with his/her payment is protected by means of encryption. The SSL standard is a widespread form of encryption in e-trade and is therefore considered a very secure solution.
10.2 The completion of a purchase from FunGifts requires the submission of personal information in order for FunGifts to deliver the product to the Customer. You can find more about FunGifts’s personal data policy on the following link https://fungifts.site/privacy-policy
10.3 FunGifts limits the creation of Customer's accounts by one per person and two per address or IP. FunGifts reserves the right to monitor any attempt to establish multiple accounts. In case of duplicated accounts, FunGifts reserves the right to act on it without notice nor limitations. Continued violation will result in the termination of all the Customer accounts involved.
11. Right to claim compensation for defective products
11.1 The Customer has two years right to claim compensation for defective and non-conforming products after the products have been delivered in accordance with Directive 85/374/EEC.
11.2 If the Customer wishes to invoke a defect, it must notify fungifts.site in writing within a reasonable time after the Customer has become aware of the defect.
11.3 Notwithstanding the remedies for defective products in accordance with Directive 85/374/EEC. FunGifts reserves the right to remedy defects, including the right to repair and replace products.
11.4 Any notice of defect must be notified by contacting [email protected]
12. Exclusion of liability
12.1 FunGifts is excluded from liability in case of changes in duties and prices, shortage in the availability of products, errors in proof, technical defects and force majeure, e.g. industrial conflicts with sub suppliers, defective deliveries and products, or sub suppliers who fail to deliver or cause delay in delivery. Likewise, FunGifts is not liable for any failure in the receipt of emails in connection with purchases or requests for or termination of membership. It is the Customer’s responsibility to ensure that an email does not end in the junk email box or similar places.
13. Fraudulent/Abusive Activity:
13.1 If we suspect that fraudulent or abusive activity has taken place within your Account, to protect you, you understand that we may temporarily freeze your FunGifts Account to prevent any further or continuing unauthorized activity.
13.2 If you have placed an order and we suspect that fraudulent or abusive activity has taken place within your Account, your order may be canceled immediately.
13.3 If you suspect fraudulent or abusive activity at your FunGifts account, you agree to notify our Customer Service immediately in order that we can investigate the issue and attempt to resolve it.
13.4 FunGifts agrees that transactions found to be associated with suspicious activity will be refunded back to the original payment method, subject always to the terms of this Agreement.
13.5 FunGifts may render its Members ineligible to receive services at FunGifts's sole discretion subject always to the terms of this Agreement.
14. Contact details
Drayss investment Limited
Synnion, 7. Agios Athanasios
Cypriot Reg. no. HE414397
Email: [email protected]
Terms and conditions of this agreement may be amended by the Fungifts.site without prior notice to the user. Fungifts.site reserves the right to any grammatical or spelling errors in the agreement.
Applicable law and jurisdiction
These Terms and Conditions are governed by the laws of Cyprus and will be interpreted in accordance with the Cypriot courts. The Cypriot courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
Drayss investment Limited