Section IV: Conditions for users of individuals

Ordering
1.1 The order is placed by the User by using the functionality of the Service.
1.2 When placing an order using the Service the User concludes the contracts of sale and delivery of Goods with the Seller or with the Seller and the Deliverer, entering into direct contractual relations with the Seller or with the Seller and the Deliverer, from whom they buy/order the Goods/Deliveries. All rights and obligations under the contracts concluded with the User arise directly from the Seller and/or the Deliverer. Funtic with the help of the Service provides the User with the following information and advisory services consisting of the possibility to:
to make a selection of Goods;
conclude a contract for the sale and purchase of Goods and a contract for the delivery of Goods with the Seller or the Seller and the Deliverer;
to pay for the Order;
receive notifications on the status of execution of the Order;
change or cancel the Order.
1.3 By placing the Order, the User agrees that the Seller/Deliverer has the right to assign the Goods Delivery to a third party while remaining responsible for its execution.
1.4 When placing the Order, the User shall read the following information posted on the Service:
about the main consumer properties of the Goods/conditions of service provision;
about the full company name (name) of the Seller and the Seller's address (location);
the place of production of Goods;
on price and conditions of a Product purchase, on payment procedure;
on the price and conditions of delivery of Goods, on payment procedure;
about the service life, shelf life, and warranty period established for the Commodities (if applicable).
1.5 The information on the availability of the Goods available on the Service is specified when the User places the Order and may change at the time of placing the Order due to the technical features of the Service.
1.6 When Ordering, the User must specify all the data necessary for the execution of the Order, including (but not limited to)
their up-to-date contact information to the extent provided by the Service;
actual contact details of Recipient of the Goods to the extent provided for by the Service;
the Goods delivery address and/or contact number of the Recipient. If the User is not the recipient of the Goods and the delivery address is unknown at the time of order, the User shall specify the contact phone number of the Recipient, by which the Seller/Deliverer can specify the delivery address;
date and time of the Goods Delivery. If the User is not the recipient of the Goods and the time of Delivery is unknown at the time of placing the Order, the User shall specify the contact phone number of the Recipient, by which the Seller/Deliverer can specify the time of Delivery.
1.7 The User's entering false and/or incorrect data specified in clause 1.6 of this Section of the Terms shall be the basis for the cancellation of the Order by the Seller.
1.8. Funtic has the right to block the User's ability to carry out Orders in case of repeated cancellations of Orders carried out by the User and/or repeated rejections of Goods, as well as in case of violation of these Terms and Conditions. The period of blocking shall be set by Funtic itself.
1.9 The confirmation of the Order is the payment made by the User. The Order is accepted by the Seller/Deliverer for execution only after the User has fulfilled the payment obligation.
1.10 The contract with the Seller/Deliverer is considered to be concluded:
in case the User chooses the method of payment of the Order by bank card - from the moment when the User clicks the "Complete Order" or "Order" button.
If the method of payment for the Order by PayPal has been selected by the User - from the moment when the User clicks the "Complete Order" or "Order" button
If the method of payment for the Order by cash is chosen by the User - from the moment when the User clicks the "Complete Order" or "Order" button
1.11. The Contract with the Supplier shall be considered to be concluded at the moment of choosing the Supplier. The Deliverer performing the Delivery of Goods shall be determined after the User has placed the Order from among the Deliverers provided for in Clause 1 of Section I of the Conditions. 1 of Section I of the Conditions. The User can get information about the Deliverer performing the Order by using the functionality of the Service or by contacting the Service Support Service.
1.12. By paying for the Order the User confirms
That the information specified in clause 1.4 of this Section of the Terms and Conditions has been fully provided and is understood by the User;
consent to all material conditions of sale and delivery of Goods.
1.13. After paying for the Order and sending information about the Order to the Seller/Deliverer, the User cannot make changes to the Order through the Service. If the User wishes to change the Order, the User may contact the Funtic Service through the contact information indicated on the Service or through Chat. related to the composition of the Order - are allowed before the Order is transferred to the "Accepted for Work" status and not less than 48h before the Delivery Date, unless otherwise specified;
related to the date/timing of Delivery of the Order, the Delivery address, the name of the Recipient, adding/amending the accompanying/gift cards are allowed before the Order is transferred to the "Collected" status.

2. The cost of the order. Payment procedure
2.1 The payment methods available at the time of placing the Order are indicated on the Service. The agreed method of payment is the payment method selected by the User from the available payment methods.
2.2 When paying for the Order by bank card, the payment is made to the Funtic bank account, which acts on behalf of the relevant Seller/Deliveror by engaging an authorized payment acceptance operator or electronic money operator and is the recipient of the payment as the agent of the Seller/Deliveror in terms of accepting money for payment for the Order. The User's payment obligation shall be deemed fulfilled from the moment of confirmation of its fulfillment by the credit institution servicing the User.
2.3 A cashier's check shall be sent to the User at the email address or subscriber number specified by the User during registration A cashier's receipt is not provided in printed form.
2.4 The User agrees that the personal data that the User provides to Funtic when paying for the Order and/or for the refund may be disclosed by Funtic to the credit organizations involved in the relevant transactions.

3. Delivery
3.1 The time and cost of Delivery of Goods for each Order shall be determined at the time of Order placement.
3.2 If the User has not specified a delivery address at the time of the Order, the Seller or Funtic shall contact the User/Recipient to clarify the delivery address. After specifying the delivery address, the Seller has the right to change the delivery price indicated at the time of placing the Order. The new cost of the Delivery is agreed by the Seller directly with the User. In case the User does not agree with the cost of the Delivery, the User/Seller has the right to refuse the Order. The Order shall be canceled by the procedure stipulated in Clause 4 of this Section of the Terms.
3.3 If the Goods are delivered within the time specified in the Contract, but the Goods are not delivered to the User/Recipient for reasons beyond the control of the Seller/Deliverer, the Seller/Deliverer shall have the right to
refuse to execute the Order with withholding from the User the cost of delivery of the Goods, as well as other expenses incurred in connection with actions to execute the Order;
to re-deliver, the Goods on a new term agreed with the User, provided that the User re-pays the cost of Goods delivery services.
3.4 The risks of accidental loss or accidental damage of Goods are transferred to the User/Recipient at the moment of the Goods delivery.
3.5 Upon receipt of the Goods, the User/Recipient is obliged to inspect the Goods and check their compliance with the Order.
3.6 If there are any complaints to the Goods, the User/Recipient has the right to refuse the Goods upon receiving them following the procedure stipulated in Clause 4.3 of this Section. 4.3. of this Section of the Terms and Conditions, or accept the Goods, with the subsequent opening of a dispute by the User following the procedure stipulated in Clause 5 of this Section of the Terms and Conditions.
3.7 At the request of the User/Recipient, the purchased jewelry and other items made of precious metals and/or precious stones can be weighed using measuring instruments that are in good working order and meet the requirements of the legislation of the Republic of Austria on ensuring the uniformity of measurements. The date, time, and place of weighing may be independently agreed by the User/Recipient with the Seller.

4. order cancellation. Cancellation of goods. Product return
4.1 The Seller has the right to refuse the Order:
if the Goods are out of stock or if the Goods to be delivered to the User are damaged;
in case the User refused the Order following the Conditions;
if the User/Recipient refuses to receive the Goods;
if the price of the Order is incorrectly indicated/displayed due to a technical failure/other reasons and the Seller failed to contact the User and/or the User does not agree with the new price of the Order, including the Delivery fee;
in other cases stipulated by the Terms, or in other cases when the Seller cannot fulfill the Order.
4.2 The User has the right to cancel the Order:
for any reason before the Order on the Service is transferred to the status "Assembled" and not less than 24h before the time of delivery, unless otherwise specified. The User may cancel only the entire Order. It is not possible to refuse to purchase any part of the Commodities included in the Order. Order cancellation shall be done through Chat or other means of communication with the Funtic Service.
Once the Order has been transferred to the "Collected" status, the Order cannot be canceled. In this case, the User is guided by a clause. 4.3 of this Section of the Terms.
4.3 User's/Recipient's refusal of Goods:
The User/Recipient is allowed to refuse only all Goods when receiving the Goods (refusal of one or more Goods is not possible). In case of Recipient's refusal from Goods, the Seller shall contact the User to specify further actions. If the Seller hasn't managed to contact the User with at least 3 (three) phone calls, the Seller has a right to refuse to fulfill the Order with compensation of expenses, incurred in connection with the fulfillment of the Order. In case of User's refusal from Goods, the User's phone number, indicated during registration and/or in the Order, will receive an SMS, with the answer to which the User has to confirm/refute the refusal. The User shall not be charged for the reply SMS;
if the User/Recipient refuses the Goods upon receipt of the Goods, if the refusal is not related to the improper quality of the Goods, the delivery cost of the Goods shall not be returned to the User. In addition, the Seller/Deliverer has the right to receive compensation for other expenses incurred in connection with the Order fulfillment activities.
4.4 Return of Goods by User:
return of Goods of proper quality is possible if their trade dress and consumer properties are preserved. The User has no right to refuse Goods of proper quality that have individually defined properties;
The User, wishing to return the Goods, shall make the specified request in the manner prescribed by paragraph 5 of this Section of the Terms;
the return of Goods is performed by the User to the Seller according to the details specified on the Service. The cost of Goods delivery is not returned to the User. In addition, the Seller has the right to receive reimbursement of other expenses incurred in connection with the performance of the Order.
4.5 Funds are refunded to the User within 10 (Ten) days after Order cancellation/rejection of Goods by User/Recipient. The funds shall be returned to the same bank card which was used to pay for the Order.
4.6 The return of jewelry made of precious metals and (or) precious stones, as well as certified faceted gemstones of proper quality is possible if its trade dress and consumer properties are preserved, including the preservation of labels, tags, and seals attached to the product.

5. Supporting the consideration of user claims
5.1 The Seller/Deliverer shall be responsible for the execution of the contract concluded between the User and the Seller/Deliverer using the Service, as well as for compliance with other consumer rights, unless otherwise expressly provided by the current legislation of the Republic of Austria.
5.2 The Service shall provide Users with the function of information support for claims handling. This does not imply that Funtic is authorized to settle claims of Users, including those related to inadequate quality of the Goods. Funtic shall act as an arbitrator in providing such a function.
5.3 Within three (3) days from the moment of fulfilling the Order by the Seller, the User has the opportunity to settle any claim with the Seller/Deliverer through the Service. After the expiration of the said period, the User shall settle all claims directly with the Seller/Deliverer without involving Funtic, unless otherwise provided by the applicable laws of the Republic of Austria.
5.4 To file a claim through the Service, the User must:
Go to the Help Center and select the Claims section.
Fill in the necessary information and describe in detail the circumstances giving rise to the registration of the claim
Choose the desired outcome of the claim from the proposed options or specify a different outcome of the claim desired by the User;
Press the "Open a Dispute" button.
5.5 Funtic, acting as an arbitrator, has the right to request from the User information and documents necessary to make a decision on the claim. The User's failure to provide the requested information and/or documents may be the basis for making a decision on the claim in favor of the Seller/Deliverer.
5.6 The term of the initial response to a claim involving Funtic as an arbitrator is up to three (3) days, provided that the parties provide the requested information and/or documents promptly. The term for the final decision is up to ten (10) days after submission of all requested information/documents.
5.7 If any of the parties disagree with the decision of Funtic, the disagreeing party shall be entitled to resort to other means of protecting its rights provided for by the applicable laws of the Republic of Austria.
5.8 Notwithstanding the provisions of this Section, the User shall be entitled to use other means of resolving claims provided for by the applicable laws of the Republic of Austria.