Terms and Conditions

The website at loungeflys.eu and any mobile application you may download to your phone or tablet are owned and run by Funko, LLC, a company registered in the State of Washington, United States under company number 602 469 782, with its registered office at 2802 Wetmore Avenue, Everett, WA 98201, USA. That entity is responsible for the operation and upkeep of the site and app.

When you buy products through the site or app, the contract you form depends on where you live. If you are a consumer living in the USA, Canada, or Mexico, you form a legally binding contract with Funko US, which handles every part of your sale and purchase, including payment, delivery, and refunds. If you are a consumer living in the UK or the EU, you form a legally binding contract with Funko UK Limited, a company registered in England and Wales under company number 10506769, with VAT number 260 5148 24 and its registered office at 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY. Funko UK, not Funko US, handles every part of your sale and purchase. Where these terms use Funko, we, our, or us, the meaning depends on context and may refer to either entity or both.

These terms cover your access to and use of the site and app, all related online services, and the sale and purchase of products made through them. If you do not agree, please do not use our products or services. We may also present separate or extra terms for certain products or services, and those extra terms become part of your agreement when you use the relevant offering; if there is a conflict, the extra terms take priority for that conflict. The site and app use cookies under our cookies policy, and we handle your personal information only as described in our privacy notice.

We cannot promise that the services or any content on them will always be available or uninterrupted. We may need to suspend, withdraw, discontinue, or change all or part of the content without notice, for example for legal or compliance reasons or to carry out updates. If you have a registered account and we know of a significant upcoming disruption, we will give you reasonable notice. We are not liable if the services are unavailable at any time or for any period, though this does not affect your legal rights, especially regarding any order already placed and accepted. This particular section does not apply to consumers living in Germany.

We may update these terms from time to time, for example when the law changes. The last updated date at the top of the page shows when the terms last changed, so please check them regularly to understand the terms that apply when you access the services or order products. If we make future changes and you hold a registered account, we will give you reasonable notice before a change takes effect. A change will not affect the terms of sale that applied at the time of a specific order, and those continue to govern that order; the updated terms apply to your next or future orders. For consumers in Germany, the whole of this changes section does not apply. For consumers in Italy, we may not suspend, withdraw, discontinue, or change any part of the services except in limited circumstances such as events beyond our reasonable control, legal obligations, security requirements, critical maintenance and system updates, or commercial or operational reasons, and we will give reasonable advance notice of at least thirty days unless that is not reasonably practicable.

For consumers in the USA, Canada, or Mexico, you and Funko agree to resolve most disputes solely on an individual basis and not as a class arbitration, class action, other representative proceeding, or jury trial. If you do not wish to arbitrate, you may opt out by following the instructions in the arbitration section. Some jurisdictions do not allow arbitration and class action waivers, in which case you may bring legal proceedings as described in the governing law section.

Users under eighteen, or the age of legal majority where they live, may use our products and services only under the supervision of a parent or legal guardian who agrees to be bound by these terms. That parent or guardian is fully responsible for the user’s acts or omissions. If you are a parent or guardian and believe your child is using our products or services without your consent, please contact us at help@loungeflys.eu.

Our products and services are currently offered only to consumers in the United States, Canada, Mexico, the UK, Germany, Spain, Italy, and France, and you may use them only in those territories, other EU countries, and the United Arab Emirates. They are aimed at consumers rather than businesses, meaning a natural person acting for purposes wholly or mainly outside their trade, business, craft, or profession.

You may provide information to us in connection with your use of our products or services, or we may collect certain information about you. You agree that you are responsible for making sure any information you provide is complete and accurate, that you are the person whose details you provided, and that you will tell us immediately if that information changes.

If you are eighteen or older, you may create an account to use some or all of the services or order products. You will be asked for certain information, such as your email address, and to create a password. You must not share your account credentials or let others use them, must promptly update any account information that changes, must use a strong password unique to our products and services and not used elsewhere, must keep your account secure, and must promptly notify us if you discover or suspect unauthorized access. We may reject, require changes to, or reclaim usernames, including on behalf of businesses or individuals holding legal claims such as trademark rights. We may disable any account or password at any time if you have materially or persistently failed to comply with these terms or applicable law. For consumers in Italy, before disabling an account or password we will tell you which provisions we believe you failed to comply with and give you a chance to object.

We may let you and other users create, post, store, and share content in connection with our services. Apart from the license described below, you keep all rights in your content, excluding any part of our products or services included in it. You grant us and our affiliates and end users a perpetual license, or for consumers in France the whole duration of protection afforded by applicable intellectual property or other exclusive rights, that is irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable through multiple tiers, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display, and exploit your content and any name, username, or likeness provided with it, in all media now known or later developed, as strictly necessary to provide the services to you. For consumers in Italy, this license ends when you cancel your account or your content is deleted by you or by us under these terms, and it does not exclude or limit your legal rights or mandatory Italian law. To the extent permitted by law, you waive any moral rights or other rights regarding attribution of authorship or integrity of your content. This waiver does not apply to consumers in France, Germany, Spain, and Italy, where no waiver of moral rights or other personality or image rights applies.

You may not use or provide content that does not belong to you, including content found elsewhere online and third-party logos, imagery, phrases, or trademarks, even if you have changed them. You may not create, post, store, or share content for which you lack all rights needed to grant the license above, and you are responsible for ensuring your content and our permitted use of it do not violate anyone’s rights or cause injury or infringe any patent, trademark, trade secret, copyright, or other proprietary right. You also may not provide content that gives the impression it comes from or is endorsed by us when it is not, violates these terms, is untrue or dishonest, is unlawful, libelous, defamatory, obscene, racist, discriminatory, hateful, harmful, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent, would constitute, encourage, or provide instructions for a criminal offense, violate anyone’s rights, create liability, or violate applicable law, impersonates anyone or misrepresents your affiliation, contains unsolicited promotions, political campaigning, advertising, or solicitations, contains private, confidential, or personal third-party information without consent, or is objectionable, restricts or inhibits others from using or enjoying our products or services, or exposes us, our partners, or others to harm or liability.

Enforcement of these content rules is solely at our discretion, and failing to enforce them in some cases does not waive our right to enforce them elsewhere. These rules create no third-party right or private right of action and no expectation that the services will not use or involve prohibited content. We do not review all content and disclaim any duty to monitor or review it. Although we have no obligation to screen, edit, or monitor content, we may refuse to use any content or refuse to let you submit an order using it at any time and for any reason with or without notice, including if it violates applicable law or these terms; terminate or suspend your access to all or part of the services, cancel outstanding orders, and terminate or suspend your account temporarily or permanently at any time and for any reason with or without notice, including for such violations; take any action needed to ensure compliance with applicable law and these terms or to protect our rights or third-party rights, including third-party intellectual property and privacy rights, such as providing information to copyright owners for takedown requests in the U.S.; and, as permitted or required by law, cooperate with law enforcement or court orders requesting or directing disclosure of the identity or other information of anyone posting content. For consumers in Italy, before taking any of these actions we will tell you which provisions we believe or suspect you failed to comply with and give you a chance to object. The remedies section does not apply to consumers in Germany.

You will not use our products or services if you are not eligible under the eligibility section, and you will not use them other than for their intended purpose. You also will not, in connection with our products or services, violate any law, contract, intellectual property right, or other third-party right; engage in harassing, threatening, bullying, intimidating, predatory, or stalking conduct; use or attempt to use another user’s account or information without authorization from that user and us; impersonate anyone or post on their behalf or misrepresent your affiliation; sell or resell our services; copy, reproduce, distribute, publicly perform, or publicly display all or portions of our services except as expressly permitted by us or our licensors; modify our products or services, remove proprietary notices or markings, or make derivative works based on them; use our services in a way that could interfere with, disrupt, negatively affect, or inhibit others from fully enjoying them or that could damage, disable, overburden, or impair their functioning; reverse engineer any aspect of our services, except where that restriction is contrary to law, or do anything that might discover source code or bypass measures preventing or limiting access to any part of the services; use data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our services except in line with our robots file and only to compile for search results, though we grant public search engine operators permission to use spiders to copy materials for the sole purpose of creating publicly available searchable indices, not caches or archives, and we may revoke that permission at any time without notice; develop or use any applications interacting with our services without our prior written consent; send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; link to any online portion of the services in a way that damages or exploits, in our sole discretion, our or any partner’s reputation or suggests any association, approval, or endorsement by us or our partners, including licensing partners; or use our products or services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these terms. Enforcement of these conduct rules is solely at our discretion, and failing to enforce them in some cases does not waive our right to enforce them elsewhere.

Images and descriptions of products are for illustrative purposes only. Certain weights, measures, and similar descriptions are approximate and for convenience only. Although we try to display colors accurately, we cannot guarantee that a device’s display accurately reflects a product’s color, and your product and its packaging may vary slightly from the images. It is always possible that some products are incorrectly priced despite our best efforts. We normally check prices before accepting an order, so where a product’s correct price at the time of your order is less than our stated price, we will charge the lower amount; if the correct price is higher than the price stated to you, we will contact you for instructions before accepting your order. If we accept and process an order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract and refund any sums you have paid. This pricing section does not apply to consumers in Italy or Germany. Listings and product availability are subject to change at any time without notice.

By placing an order and purchasing a product through the services, you agree to the terms of sale. If you live in the USA, Canada, or Mexico, you form a contract of sale with Funko US, which manages and is responsible and liable for all aspects of the sale and purchase, including payments, delivery, and refunds, and any claims about an order must be brought to and are addressed by Funko US. If you live in the UK or the EU, you form a contract of sale with Funko UK, which manages and is responsible and liable for all aspects of the sale and purchase, including payments, delivery, and refunds, and any claims about an order must be brought to and are addressed by Funko UK.

You may only purchase products for personal, family, or household use by you or your intended recipient. We may limit quantities purchased per order, per account, per payment card, per person, or per household. We may, without prior notice, refuse service to any customer or reject any order at any time if you breach these terms or applicable law and refund any money you have paid for that order. This refusal right does not apply to consumers in Germany. For consumers in Italy, if we refuse service or reject an order, we will tell you which provisions we believe or suspect you breached and give you a chance to object.

To place an order, you must be at least eighteen and provide a valid shipping address within the territories. All prices on the site and in the app are subject to change at any time without notice, which will not affect the pricing of orders you have already placed. For consumers in the USA, Canada, and Mexico, prices exclude all taxes and shipping and handling charges, which are added to your purchase and itemized on the checkout page, giving you a chance to review taxes and delivery costs before confirming; we do not collect taxes on merchandise shipped to jurisdictions where we lack substantial nexus, and you are liable to the appropriate taxing authority for any sales taxes relating to your purchase. For consumers in the UK and EU, prices include all applicable charges, including all taxes and shipping and handling.

If you wish to place an order, you will be asked to supply certain information, such as your payment card number and expiration date, billing address, and shipping information, to us or our payment processors. You guarantee that you have the right to use any payment card you submit. We may receive updated information from your issuing bank or payment service provider about any stored payment method, and you authorize us to charge your payment method, including updated information, for any charges you are responsible for under these terms. Verification of information may be required before acknowledging or completing a transaction. You will pay all charges incurred by you or on your behalf through the services at the prices in effect when the order is placed, including all taxes and shipping and handling charges. If legal action is necessary, we reserve the right to collect balances due, and you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ or other legal fees and other legal expenses, to the extent permitted by law. This reimbursement provision does not apply to consumers in Spain or Italy.

To submit an order you must follow the procedure on the site or app, and you will have the opportunity to review and confirm your order, including delivery address, delivery date or timeframe, payment method, and other details. You are responsible for ensuring your order is complete and accurate. We will not file a copy of any contract formed between you and us. The order process is available in your local language: English for consumers in the USA, Canada, Mexico, or the UK; Spanish or English for consumers in Spain; French or English for consumers in France; German or English for consumers in Germany; and Italian or English for consumers in Italy.

Your order is an offer to us that we are not obligated to accept. If we accept, we will display or send a notice confirming the sale, and our acceptance is complete when we display or send that formal acceptance notice. Payment must be received on order acceptance. These terms become legally binding when we send the confirmation, and each confirmed order is a new and separate contract between you and us.

To the extent permitted by law, we may delay, refuse, or cancel any order before delivery, for example if there are errors on the site or in connection with your order or inaccuracies in product, pricing, or availability information. We may offer you the chance to proceed under changed terms or cancel your order, and we will contact you if any portion is cancelled or if more information is needed to accept your order. This cancellation right does not apply to consumers in Italy or Germany.

Products will be shipped to the address you designate as long as it is complete and complies with our shipping restrictions, and you will pay all shipping and handling charges specified during ordering. For consumers in the USA, Canada, and Mexico, all transactions are made under a shipment contract, so risk of loss and title pass to you when we deliver the products to the carrier, and unless otherwise agreed you are responsible for filing claims with carriers for damaged or lost shipments; shipping dates are approximate and not guaranteed, and we are not liable for delays. For consumers in the UK, France, Italy, and Spain but not Germany, we will give you a delivery estimate during ordering and confirm it in the confirmation email; if no one is available to take delivery, we will leave a note explaining how to rearrange delivery or collect from a local depot, and if you do not collect or rearrange after a failed delivery, we will contact you for instructions and may charge storage and further delivery costs, except for consumers in France where storage costs do not apply, and if we cannot reach you or rearrange delivery or collection despite reasonable efforts we may end the contract and refund sums paid for the products and their delivery. If our supply is delayed by an event outside our control, we will contact you as soon as possible and take steps to minimize the delay. You have legal rights if we deliver late: if we miss the delivery deadline you may treat the contract as at an end straight away if we refused to deliver, if delivery within the deadline was essential taking into account all relevant circumstances, or if you told us before we accepted your order that delivery within the deadline was essential; if you do not wish to end the contract straight away or do not have that right, you can give us a new reasonable deadline and end the contract if we miss it; alternatively, if you end the contract for late delivery, you can cancel your order for any of the products or reject delivered products, and if you wish you can reject or cancel some of those products rather than all unless splitting them up would significantly reduce their value, after which we will refund sums paid for the cancelled products and their delivery, and if the products have been delivered you must post them back to us or allow us to collect them, with us paying the costs of postage or collection.

For consumers in the USA, Canada, Mexico, and the UK, a product is your responsibility from the time we deliver it to the address you gave us. For consumers in the EU, a product is your responsibility from the time you or a third party you indicate, other than the carrier, acquires physical possession. You own a product once we receive payment in full.

Product availability is subject to change at any time without notice, provided no such changes affect orders already placed. Subject to applicable law, and this does not apply to consumers in Italy, we may without prior notice limit available quantities or discontinue any product, impose conditions on honoring coupons, discounts, or similar promotions, bar you from making transactions, alter payment options for products, and refuse to provide any product. This limitation right does not apply to consumers in Italy. For consumers in Germany, these availability provisions do not apply; instead, your statutory warranty rights for defects in title or material, including repair or replacement, rescission, price reduction, and other statutory rights, remain unaffected, and your rights to claim damages are limited as described in the liability section.

This section on cancellation, returns, and refunds applies to UK consumers only. As a consumer in the UK, you have a legal right to change your mind and cancel the contract within fourteen days of delivery without giving a reason, under the Consumer Contracts (Information, Cancellation and Charges) Regulations 2013. This right does not apply to products we create to your specification or that are clearly personalized, including Pop! Yourself products; products not returned in their original resaleable condition with all original sealed packaging; apparel that has been worn or washed or lacks all original tags and labels; products marked at sale as a shop exclusive or final sale item not eligible for return or refund; premium packaging add-ons such as pop protectors, gift boxes, or gift bags; or products not purchased through our services, such as free bonus items or products bought at our stores or from third-party websites or stores. The cancellation period expires fourteen days from the day you or a third party other than the carrier and indicated by you acquires physical possession of the products, or for multiple products in one order or products delivered in separate parts, lots, or pieces, from the day you acquire the last product, part, lot, or piece making up your order.

To exercise the right to cancel, you must inform us of your decision by a clear statement, such as a letter by post or email, and the easiest way is to contact our customer services team at help@loungeflys.eu. You may also use a model cancellation form but are not required to do so. To meet the deadline, it is enough to send your communication before the cancellation period expires. We will acknowledge receipt of your cancellation notice by email. If you cancel, we will reimburse all payments received from you, including delivery costs, except supplementary costs if you chose a delivery type other than the least expensive standard delivery we offer and any deductions permitted under this section. We will reimburse without undue delay and no later than fourteen days after we receive back any products supplied, or fourteen days after you provide evidence you returned the products, or if no products were supplied, fourteen days after we are informed of your decision to cancel. We may withhold reimbursement until we receive the products back or you supply evidence of sending them, whichever is earliest. We may deduct for loss in value of any products supplied if the loss results from unnecessary handling by you, and you are only liable for diminished value resulting from unfair or unreasonable wear and tear beyond what is necessary to establish the nature, characteristics, and functioning of the products.

If you wish to exercise your refund rights, you must submit a return claim through our online form, the link for which will be made available by email or through your account in connection with your order. You may be asked to provide your name, address, email address, and telephone number, and a copy of your receipt or comparable proof of purchase, and verification of information may be required before acknowledging a return claim. After receiving a return claim submitted with all required information, we will notify you of our decision whether to proceed with or deny it. If we proceed, we will provide a return merchandise authorization number and email a shipping label. To obtain a refund, you must initiate the return to us within thirty days from the date the product was originally delivered by or on behalf of us to you or your designated recipient, and using the shipping label we provide, ship the product to us or our designee within ten days of initiating the return. We will pay return costs if the products are faulty or misdescribed; in all other circumstances you must pay return costs. You are responsible for taking reasonable care of the products until returned, and we recommend using the recommended shipping procedure and keeping proof of postage, as we cannot provide a full refund if products are not returned or arrive damaged. We will make any validly due refund using the same means of payment as the initial transaction, and you will incur no fees as a result.

You have legal rights regarding products that are not as described, faulty, or otherwise not fit for purpose. If you believe products you ordered do not conform with these terms of sale, please contact our customer services team to request a replacement or refund. If, due to unforeseen circumstances, we cannot fulfil your order or any products in a particular order, we will refund the value of the products we could not fulfil and, if the full order is cancelled, any delivery charges.

This section on withdrawal, returns, and refunds applies to EU consumers only. You have the right to withdraw from the contract within fourteen days without giving any reason, with the withdrawal period running fourteen days from the day you or a third party named by you, other than the carrier, takes possession of the goods, or for multiple goods ordered in a single order but delivered partially, from the day you take possession of the last good. To exercise the right of withdrawal, you must inform us by a clear declaration, such as a letter by post to Funko UK, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY, or an email to help@loungeflys.eu, of your decision to withdraw. You can use the model withdrawal form, which is not mandatory. To comply with the withdrawal period, it is enough to send the notification before the period ends. If you withdraw, we must repay all payments received from you, including delivery costs, except additional costs from choosing a delivery type other than the cheapest standard delivery we offer, without delay and no later than fourteen days from the day we received your withdrawal notification. We will use the same means of payment as the original transaction unless expressly agreed otherwise, and you will not be charged for the repayment. We may refuse repayment until we receive the goods back or you provide proof of returning them, whichever is earlier. You must return or hand over the goods to Funko UK, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY, without delay and no later than fourteen days from the day you notify us of withdrawal, and the deadline is met if you send the goods before the fourteen days end. You bear the direct costs of returning the goods, and you only pay for any loss in value if it results from handling not necessary for checking the condition, properties, and functioning of the goods.

This section on returns policy applies to consumers in the USA, Canada, and Mexico. All products purchased in Canada and Mexico are final sale, except for products delivered in Mexico with damages or defects. If you want a refund for products purchased outside Canada and Mexico or for damaged or defective products purchased in Mexico, refunds are subject to our applicable returns policy. If you decide to return a product purchased from or otherwise obtained through our services, except as otherwise described, you must submit a return claim through our online form, the link for which will be made available by email or through your account in connection with your order. You may not submit a claim through the online form if you intend to ship your return from APO or FPO addresses, AS, or the Virgin Islands; in those cases, you may only initiate a return claim by contacting our customer service team at help@loungeflys.eu. You may be asked to provide your name, address, email address, and telephone number, and a copy of your receipt or comparable proof of purchase, and verification may be required before acknowledging a return claim. After receiving a return claim with all required information, we will notify you whether to proceed with or deny it. If we proceed, we will provide a return merchandise authorization number and email a shipping label. To obtain a refund, you must initiate the return to us within thirty days from the date the product was originally delivered by or on behalf of us to you or your designated recipient, and using the shipping label we provide, ship the product to us or our designee within ten days of initiating the return, and the returned product must not be subject to any exclusion.

We will not accept returns of products purchased in Canada or Mexico, unless in Mexico such returns are for damages or defects. We will not accept returns of products purchased from other retailers, which are subject to that retailer’s return policies, and we disclaim any liability for such returns. We also will not accept a return if the product is not in its original condition with all original sealed packaging; is apparel that has been worn or washed; is apparel lacking all original tags; is a Pop! Yourself personalized product; was marked at sale as a shop exclusive or final sale item; is a premium packaging add-on such as a pop protector, gift box, or gift bag; was purchased in bulk, meaning six or more of the same product; is returned via a return initiated more than thirty days after delivery by or on behalf of us to you or your designated recipient, or shipped to us more than ten days after the return was initiated; was not purchased through our services, such as free bonus items or products bought at our stores or from third-party websites or stores; is returned by anyone other than the original purchaser or a subsequent owner who can provide proof of the initial purchase; or is returned from outside the territories. Minor variations in products and blemishes to packaging are not considered damage, and we may deny returns of products with such variations or blemishes at our sole discretion. We also will not accept return claims submitted through our online form that are shipped from APO or FPO addresses, AS, or the Virgin Islands; to ship a return from those locations, you may only initiate a claim by contacting our customer service team at help@loungeflys.eu.

We do not take title to returned products, and risk of loss does not pass to us until the product is received by us. Unless otherwise agreed, you are responsible for filing claims with carriers for damaged or lost return shipments. Once a product has been returned in accordance with this returns policy and the return has been received and processed, we will refund the original payment method used to purchase the product for the full original purchase price including any associated sales tax, minus shipping and handling costs we incurred in connection with your return claim and any applicable restocking fees. For items given or received as a gift, we can only issue a refund to the payment method used by the original purchaser. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded. This section is in addition to any statutory rights you may have, and nothing in this returns policy is intended to limit your statutory rights, and we may accept returns that fail to meet our return criteria in accordance with your statutory rights or otherwise at our sole discretion.

We do not currently permit exchanges of any products, other than as required under applicable provisions regulating the legal guarantee.

Any sweepstakes, contests, raffles, surveys, games, or similar promotions made available through the services may be governed by rules and supplemental terms that are additional to and separate from these terms. If you participate in promotions, please review the additional applicable rules and supplemental terms as well as our privacy policy. If promotion rules conflict with these terms, the promotion rules govern.

The services, including text, graphics, images, photographs, videos, illustrations, and other content, and products, and all intellectual property rights in them, are owned by us or our licensors and protected under United States and foreign laws. Except as explicitly stated in these terms, all rights in the services and products, including all intellectual property rights, are reserved by us or our licensors. Subject to your compliance with these terms, you are granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to access and use our products and services for personal, non-commercial, or household use and, solely for applications included in the services, to install and use such application on a mobile or personal device you own or control. Any use other than as specifically authorized, without our prior written permission, is strictly prohibited and will terminate the license and violate our intellectual property rights. Applications included in the services are licensed, not sold, and if you fail to comply with any terms or conditions, you must immediately cease using the applicable application and remove it from your mobile or personal device.

Funko, Pop!, Loungefly, and our logos, product or service names, slogans, and the look and feel of our products and services are trademarks of Funko and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with our products or services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

You may voluntarily post, submit, or otherwise communicate to us questions, comments, suggestions, ideas, original or creative materials, or other information about Funko or our products or services. You understand that we may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, or publish the feedback, to improve products or services, or develop new products or services, at our sole discretion. Funko will exclusively own all improvements to products or services, or new Funko products or services based on any feedback. You understand that Funko may treat feedback as nonconfidential. For consumers in Italy, we may only use your feedback for the purpose of managing, developing, improving, and providing products or services without acknowledgment or compensation to you, and without any obligation to maintain confidentiality.

This section on repeat infringer policy and copyright complaints applies only to consumers in the USA and does not apply to consumers in the EU or UK. In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe any content provided to Funko by a user or otherwise used in connection with our services infringes any copyright you own or control, you may notify Funko’s designated agent as follows: Legal Department, Funko, LLC, 2802 Wetmore Ave., Everett, WA 98201, USA, telephone (425) 783-3616, email legal@funko.com. Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all requirements, your notice may not be effective. If you knowingly materially misrepresent that any activity or material used in connection with our services is infringing, you may be liable to Funko for certain costs and damages.

Our services rely on or interoperate with third-party products and services, including data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators. These third-party materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our services. You acknowledge that the use and availability of the services depends on third-party product vendors and service providers, and that these third-party materials may not operate reliably 100 percent of the time, which may impact how our products or services operate.

We may provide information about or links to third-party products, services, activities, or events, or allow third parties to make their content and information available on or through the services. We provide third-party content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any third-party content are solely between you and the third party. When you click on links to various merchants on the site and make a purchase, this can result in us earning a commission.

Funko is under no obligation to but may, at its discretion, accept and process coupons or discount codes made available by third parties from time to time with respect to products. Notwithstanding the foregoing, these third-party coupons and discount codes, where their provision and promotion are not under Funko’s control, are not guaranteed to be accepted and may be rejected by Funko at any time and for any reason, with no obligation to provide such reason. Funko accepts no liability whatsoever if any such coupon or discount code does not activate or work at checkout.

You are responsible for deciding whether to access third-party materials or third-party content. We have no obligation to monitor them, and we may block or disable access to any third-party materials or third-party content in whole or part through our services at any time. Your access to and use of such third-party content or materials may be subject to additional terms, conditions, and policies applicable to such third-party content, including terms of service or privacy policies of the providers of such third-party materials. You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the services. We assume no responsibility for third-party materials or third-party content. Any links to third-party materials or third-party content should not be interpreted as endorsement by us of those linked aspects. For the avoidance of doubt, we will not be liable for any loss or damage that may arise from your use of third-party materials or third-party content. For consumers in Italy, any exclusion or limitation of our liability under this section does not apply where we have acted in accordance with these terms and our professional diligence. For consumers in Germany, this entire section does not apply.

This indemnification section applies only to consumers in the USA, Canada, and Mexico and does not apply to consumers in the UK or EU. To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Funko and our affiliates, and each of our respective officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, demands, damages, expenses, or costs arising out of or related to your access to or use of the products or services; your feedback or user content; your violation of these terms; your violation, misappropriation, or infringement of any rights of another, including intellectual property or privacy rights; or your conduct in connection with the services. You will promptly notify the Funko parties of any third-party indemnification claims, cooperate with them in defending such claims, and pay all fees, costs, and expenses associated with defending such claims, including attorneys’ or other legal fees. The Funko parties will have control of the defense or settlement, at Funko’s sole option, of any third-party indemnification claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Funko or the other Funko parties.

This disclaimers section applies only to consumers in the USA, Canada, and Mexico. Your use of our products and services and any content or materials provided in or with them, including third-party content and third-party materials, is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted by law, our products, services, and any content or materials provided in or with them are provided as is and as available without warranties of any kind, either express or implied. Except to the extent prohibited by law, Funko disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, to the fullest extent permitted by law, Funko does not represent or warrant that our products or services or any content provided in or with them are accurate, complete, reliable, current, or error-free, or that access to our products or services or any content provided in or with them will be uninterrupted. While Funko attempts to make your use safe, we cannot and, to the fullest extent permitted by law, do not represent or warrant that our products or services or any content provided in or with them or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the products and services and any content provided in or with them. All disclaimers of any kind are made for the benefit of Funko, the Funko parties, and Funko’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

If you breach any of these terms, we reserve our rights, subject to applicable law, to immediately do any or all of the following: issue a warning to you; temporarily or permanently remove any user generated content uploaded by you to the services; temporarily or permanently withdraw your right to use the services; suspend or terminate your Funko account; issue legal proceedings against you for reimbursement of all costs resulting from the breach, including reasonable administrative and legal costs; take further legal action against you; and disclose such information to law enforcement authorities as necessary or required. If we end a contract in the situations given in this section and you have completed a transaction with us, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the contract to the extent permitted by law. For consumers in Italy, before taking any of these actions we will tell you which provisions we believe you have breached and give you a chance to reply or object. For consumers in Germany, this section does not apply; instead, in relation to transactions, the delivery section applies, and in relation to services, your and our statutory termination rights to terminate for cause remain unaffected.

This limitation of liability section applies for consumers in the USA, Canada, and Mexico. To the fullest extent permitted by law, Funko and the other Funko parties will not be liable to you under any theory of liability, whether based in contract, tort, negligence, strict liability, warranty, or otherwise, for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if they have been advised of the possibility of such damages. The total liability of Funko and the other Funko parties for any claim arising out of or relating to these terms or our products or services, regardless of the form of the action, is limited to the greater of one hundred dollars or the amount paid by you to use our products and services. To the fullest extent permitted by law, you release Funko and the other Funko parties from responsibility, liability, claims, demands, and damages of every kind and nature, known and unknown, including claims of negligence, arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer residing in California, you waive your rights under California Civil Code Section 1542. The limitations in this section will not limit or exclude liability for gross negligence, fraud, or intentional misconduct of Funko or the other Funko parties or for any other matters in which liability cannot be excluded or limited under applicable law, and some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

This limitation of liability section applies for consumers in the UK and France. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you accessed our services. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and any matter in respect of which it would be unlawful for us to exclude or restrict our liability. Nothing in these terms affects your statutory rights, and advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office or equivalent in France. We only supply our products and services for domestic, non-commercial, and private use, and you agree not to use them for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

This limitation of liability section applies for consumers in Germany. We shall be liable only up to the amount of damages as typically foreseeable at the time of entering into these terms in respect of damages caused by a slightly negligent breach of a cardinal contractual obligation, meaning a contractual duty whose fulfilment is essential for the proper execution of the contract, whose breach endangers the purpose of the contract, and on whose fulfilment you regularly rely. We shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular liability under the German Product Liability Act, liability for assuming a specific guarantee, liability for damages caused by willful misconduct or gross negligence, or any kind of willfully or negligently caused personal injuries.

This limitation of liability section applies for consumers in Italy. If we fail to comply with these terms or our professional diligence obligations, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable and for events beyond our reasonable control. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time a contract was concluded between you and us. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, and any matter in respect of which it would be unlawful for us to exclude or restrict our liability. Nothing in these terms affects your statutory rights under the Italian Consumer Code. We only supply our products and services for domestic, non-commercial, and private use, and you agree not to use them for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

This limitation of liability section applies for consumers in Spain. Nothing in these terms will operate so as to exclude or limit any liability that cannot be excluded or limited under Spanish consumer law, including the mandatory provisions of the General Law for the Protection of Consumers and Users.

This binding arbitration section applies to consumers in the USA, Canada, and Mexico only. Please read it carefully because it requires you and Funko to arbitrate certain disputes and claims and limits the manner in which you and Funko can seek relief from each other. Arbitration precludes you and Funko from suing in court or having a jury trial. You and Funko agree that arbitration will be solely on an individual basis and not as a class arbitration, class action, or any other kind of representative proceeding. Funko and you are each waiving the right to trial by a jury. Some jurisdictions do not allow arbitration and class action waivers, in which case you may bring legal proceedings as set out in the governing law section. The parties acknowledge that the terms of this section are intended to reduce the financial burdens associated with resolving their disputes and are not intended to delay adjudication of any party’s claims. Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis. No class or representative actions or arbitrations are allowed under these terms.

The dispute resolution and binding arbitration terms apply to all claims between you and Funko. A claim is any dispute, claim, or controversy, excluding listed exceptions, between you and Funko, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these terms, products, or the services, or claims arising out of or relating to the interpretation, application, validity, enforceability, or scope of the arbitration requirement or any portion of it.

If you have a claim against Funko or Funko has a claim against you, you and Funko will first attempt to resolve the claim informally to try to resolve it faster and reduce costs for both parties. You and Funko will make a good-faith effort to negotiate the resolution of any claim for sixty days, or such longer period as mutually agreed in writing, with email sufficing, by the parties, from the day either party receives a written notice of a dispute from the other party. You will send any claimant notice to Funko by certified mail addressed to Funko, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201 or by email to help@loungeflys.eu. Funko will send any claimant notice to you by certified mail or email using the contact information you provided. The claimant notice sent by either party must include the sender’s name, address, email address, telephone number, and any relevant account or purchase information, describe the nature and basis of the claim, and set forth the specific relief sought. The informal resolution period is designed to allow the party who has received a claimant notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Funko cannot proceed to arbitration before the end of the informal resolution period. If you or Funko file a claim in court or proceed to arbitration without complying with these requirements, including waiting until the conclusion of the informal resolution period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach. The statute of limitations and any filing fee deadlines for a claim shall be tolled for the duration of the informal resolution period for that claim so that the parties can engage in this informal dispute-resolution process.

Except for individual disputes that qualify for small claims court, provided that the small claims court does not permit class or similar representative actions or relief, and any disputes exclusively related to the intellectual property or intellectual property rights of you or Funko, including any disputes in which you or Funko seek injunctive or other equitable relief for the alleged unlawful use of your or Funko’s intellectual property or other infringement of your or Funko’s intellectual property rights, all claims, including claims that are not related to intellectual property or intellectual property rights but are jointly filed with intellectual property claims, that are not resolved in accordance with the informal resolution provisions will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of it. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

Except as provided in the mass arbitration provisions, any arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate claims. Any such claims so released from arbitration must be resolved in accordance with the governing law section.

Subject to the terms of this section, claims may only be settled by binding individual arbitration conducted by the American Arbitration Association according to the Federal Arbitration Act. For claims arbitrated by the AAA, if you are a consumer, meaning that you only use our products and services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the rules applicable to claims between you and Funko as modified by these terms. For claims arbitrated by the AAA, if you are not a consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the rules applicable to claims between you and Funko as modified by these terms.

These terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, to the extent permitted by law. As limited by the Federal Arbitration Act, these terms, and the rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Funko to satisfy one of our individual claims that the arbitrator determines are supported by credible relevant evidence.

You or Funko may initiate arbitration of any claim not resolved during the informal resolution period by filing a demand for arbitration with the AAA in accordance with the rules. Instructions for filing a demand with the AAA are available on the AAA site or by calling the AAA at 800-778-7879. You will send a copy of any demand for arbitration to Funko by certified mail addressed to Funko, LLC, Attn: Legal, 2802 Wetmore Avenue Everett, WA 98201 or by email to help@loungeflys.eu. Funko will send any demand for arbitration to you by certified mail or email using the contact information you have provided. The arbitration will be conducted by a single arbitrator in the English language. You and Funko both agree that the arbitrator will be bound by these terms.

For claims in which the claimant seeks less than ten thousand dollars, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For claims in which the claimant seeks ten thousand dollars or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in King County, Washington, unless you are a consumer and the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable rules.

The arbitrator, not a judge or jury, will resolve all claims in arbitration. Unless you and Funko agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions. An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

Each party will be responsible for arbitration fees in accordance with the applicable rules and these terms. Unless otherwise prohibited by law, you and Funko have ninety days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees. To the extent permitted by applicable law, a claimant must pay all costs incurred by the defending party, including any attorneys’ fees, related to a claim if an arbitrator determines that the claim was not warranted by existing law or by a nonfrivolous argument or that the claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.

To the extent permitted by law, any claim by you or Funko against the other must be filed within two years after such claim arises; otherwise, the claim is permanently barred, which means that you or Funko will no longer have the right to assert that claim.

If you or Funko submits a claim to arbitration, you and Funko agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and Funko agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.

If twenty-five or more claimant notices are received by a party that raise similar claims and have the same or coordinated counsel, these will be considered mass arbitrations and will be treated according to the AAA’s Mass Arbitration Supplementary Rules, if and to the extent mass arbitrations are filed in arbitration as set forth in these terms. You or Funko may advise the other of your belief that claims are mass arbitrations, and disputes over whether a claim meets the definition of mass arbitrations will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable. The procedures in this section are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those rules, to supersede them. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it. Mass arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for claims asserted in mass arbitrations from the time a compliant claimant notice has been received by a party until these terms permit such mass arbitration to be filed in arbitration or court.

The bellwether process set forth in this section will not proceed until counsel representing the mass arbitrations has advised the other party in writing, with email sufficing, that all or substantially all the claimant notices for the mass arbitrations have been submitted. After that point, counsel for the parties will select twenty-five mass arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select fifteen claimants who have provided compliant claimant notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some mass arbitrations will be delayed by this bellwether process. Any remaining mass arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this section. A single arbitrator will preside over each mass arbitration chosen for a bellwether proceeding, and only one mass arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

Once the arbitrations that are part of the bellwether process have concluded, or sooner if the claimants and the other party agree, counsel for the parties must engage in a single mediation of all remaining mass arbitrations, with the mediator’s fee paid for by Funko. Counsel for the claimants and the other party must agree on a mediator within thirty days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within thirty days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.

If the mediation process concludes with one hundred or more unresolved mass arbitrations remaining, any party to a remaining mass arbitration may elect to no longer have the arbitration requirement in this section apply to all remaining mass arbitrations for which a compliant claimant notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing, with email sufficing, to counsel for the opposing party within thirty days of mediation concluding. Mass arbitrations released from the arbitration requirement must be resolved in accordance with the governing law section. If the mediation process concludes with fewer than one hundred mass arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select fifty mass arbitrations, or the total remaining amount if less than fifty, to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant claimant notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all mass arbitrations have been arbitrated.

If mass arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in mass arbitrations for which a compliant claimant notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.

You have the right to opt out of binding arbitration within thirty days of the date you first accepted these terms by emailing help@loungeflys.eu. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the governing law section.

You may reject any change we make to this arbitration section, except address changes, by sending us notice of your rejection within thirty days of the change via email at help@loungeflys.eu. Changes to this section may only be rejected as a whole, and you may not reject only certain changes. If you reject changes, the most recent version of this section that you have not rejected will continue to apply.

If any portion of this section is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, the unenforceable or unlawful provision will be severed from these terms, severance will have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section, and to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable. Except as otherwise provided in this section, if a claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you and Funko may participate in a class-wide, collective, or representative settlement of claims.

This governing law section applies for consumers in the USA, Canada, and Mexico. Any claims will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent pre-empted by U.S. federal law, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. If any claim is not subject to arbitration, then the state and federal courts located in King County, Washington, will have exclusive jurisdiction. You and Funko waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

This governing law section applies for consumers in the UK and EU. These terms are governed by the laws of the country in which you habitually reside, and your access to and use of the services, your purchasing of products, and any dispute or claim arising out of or in connection therewith, including non-contractual disputes or claims, will be governed by that law. You may bring any dispute to the competent court of the country in which you habitually reside, which courts are, with the exclusion of any other court, competent to settle any such dispute. We shall bring any dispute to the competent court of your country of habitual residence. If you are a consumer resident in the UK or the EU and we direct our products or services to, or pursue our commercial or professional activities in relation to the products or services in, the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms affects your rights as a consumer to rely on such mandatory provisions of local law.

We reserve the right to modify our products or services or to suspend or terminate providing all or part of them at any time provided this does not limit your consumer rights or any existing confirmed order; to change, modify, or waive any fees required to use the products or services provided this does not limit your consumer rights or any existing confirmed order; and to offer opportunities to some or all end users of the products or services provided these offers are not exercised in a discriminatory manner. We may provide you with notice in advance of the suspension or discontinuation of all or part of our services, such as by sending an email or providing a notice through our services. All modifications and additions to the services will be governed by these terms or supplemental terms, unless otherwise expressly stated by Funko in writing. You also have the right to stop using our services at any time, and you may terminate these terms by ceasing use of our products and services. Subject to the liability section, we are not responsible for any loss or harm related to your inability to access or use our products or services.

Except as stated in the arbitration severability provisions, which apply to consumers in the USA, Canada, and Mexico only, if any portion of these terms is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, the unenforceable or unlawful provision will be severed from these terms, severance will have no impact whatsoever on the remainder of these terms, and the unenforceable or unlawful provision may be revised to the extent required to render the terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the terms and the intent of the terms to the fullest possible extent. For consumers in Germany, this severability section as a whole does not apply.

This export control section applies to consumers in the USA, Canada, and Mexico only and does not apply to consumers in the UK or EU. You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a terrorist supporting country, and that you are not on any of the U.S. government lists of restricted end users.

Our failure to exercise or enforce any right or provision of these terms will not operate as a waiver of such right or provision. These terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these terms are for convenience only and have no legal or contractual effect. Use of the word including will be interpreted to mean including without limitation. Except as otherwise provided herein, these terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

If you have a question or complaint regarding the products or services, please send an email to help@loungeflys.eu. Please do not include payment card information or other sensitive information in your email correspondence with us. You may also contact us by writing to us in the US at Funko, LLC, Attn: Funko Fan Rewards, 2802 Wetmore Avenue Everett, WA 98201, or writing to us in the UK at Funko UK, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY. We are neither freely willing nor obliged to participate in EU online dispute resolution or consumer dispute resolution proceedings. For consumers in the USA, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

This section applies to mobile devices. Our app requires a smartphone or other mobile device running the iOS operating system, and to download the app and access the latest features you will need internet access. You will be assumed to have obtained permission from the owners of any devices that are controlled, but not owned, by you to download a copy of the app onto those devices, and you and they may be charged by your and their service providers for internet access on the devices. You accept responsibility in accordance with these terms for the use of the app or the services on or in relation to any device, whether or not it is owned by you.

The following terms apply if you install, access, or use the services on any device that contains the iOS mobile operating system developed by Apple Inc. You acknowledge that these terms are concluded solely between us, and not with Apple, and that Funko, not Apple, is solely responsible for the iOS app and its content. You further acknowledge that the usage rules for the iOS app are subject to any additional restrictions set forth in the usage rules for the Apple media services terms and conditions as of the date you download the iOS app, and in the event of any conflict, the usage rules in those terms will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the usage rules. The license granted to you is limited to a nontransferable license to use the iOS app on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the usage rules set forth in the Apple media services terms and conditions. You and Funko acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS app. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the iOS app. In the event of any failure of the iOS app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the iOS app by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS app. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Funko. You and Funko acknowledge that as between Apple and Funko, Funko, not Apple, is responsible for addressing any claims relating to the iOS app or your possession or use of the iOS app, including product liability claims, any claim that the iOS app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. The parties acknowledge that, in the event of any third-party claim that the iOS app or your possession and use of the iOS app infringe that third party’s intellectual property rights, Funko, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under these terms or applicable law. Any questions, complaints, or claims with respect to the iOS app should be directed to Funko, LLC, 2802 Wetmore Avenue Everett, WA 98201, help@loungeflys.eu. You will comply with any applicable third-party terms when using the services. Apple and its subsidiaries are third-party beneficiaries of this section, and upon your acceptance of these terms, Apple will have the right, and will be deemed to have accepted the right, to enforce this section against you as a third-party beneficiary thereof.