Terms of service

1. TERMS & CONDITIONS

1.1 About I Luv Pops

I Luv Pops Collectibles is a South African online retailer specialising in Funko Pops and other collectible products, including exclusives, limited editions, Chase variants and pre-order collectibles.

By using our website or placing an order with us, you agree to these Terms & Conditions together with our Refund, Return & Cancellation Policy, Delivery Policy, Payment Policy and Privacy Policy.

1.2 Products and Product Descriptions

We take reasonable care to ensure that product names, numbers, descriptions, variants, prices, photographs and availability shown on our website are accurate.

Collectibles are mass-produced items, however, and there may be minor variations between individual products and manufacturer or promotional images.

Manufacturers, distributors or suppliers may also change packaging, stickers, product details or release specifications without prior notice.

Where a particular sticker, edition, variant or feature is material to a listing, we will endeavour to describe it accurately.

Unless a product is expressly described as a Chase, limited edition, exclusive or other particular variant, the customer should not assume that such a variant will be supplied.

1.3 Collectible Box Condition

We recognise that packaging condition is important to collectors and forms part of the appeal and value of a collectible.

We therefore take reasonable care when sourcing, handling, storing and packing our products.

However, Funko Pop and other collectible packaging is mass-produced and is not manufactured or transported as archival-grade packaging. Minor imperfections can occur during manufacture and distribution.

These can include very small:

  • surface marks;
  • window marks;
  • printing variations;
  • edge or corner wear;
  • sticker placement variations; or
  • other insignificant packaging imperfections.

We will not knowingly sell a materially damaged item as being in normal new condition without disclosing material damage that is reasonably apparent to us.

Examples of potentially material box damage include substantial crushing, tearing, water damage, large creases, broken windows or significant structural damage.

Each case will be assessed reasonably, taking into account the nature of the collectible, what was represented at the time of sale and applicable consumer law.

Nothing in this clause limits a customer's statutory rights relating to defective, damaged, misrepresented or incorrectly supplied goods.

1.4 Product Photographs

Product images may be:

  • official manufacturer images;
  • supplier images;
  • representative stock images; or
  • photographs of the actual product.

Where a listing specifically indicates that the photographs show the actual item offered for sale, those photographs form part of the product description.

Colours and appearance may differ slightly because of photography, lighting and screen settings.

1.5 Placing an Order

Placing an order through our website constitutes an offer by the customer to purchase the products selected.

An automated order acknowledgement confirms that the order has been received but does not necessarily mean that the order has been accepted for fulfilment.

An order will ordinarily be accepted once payment has successfully been received or authorised and we accept the order for fulfilment.

We may reasonably decline or cancel an order where, for example:

  • stock is unavailable;
  • a product was accidentally oversold;
  • an obvious pricing or listing error occurred;
  • payment cannot be verified;
  • we reasonably suspect fraudulent or unauthorised payment;
  • a product has been materially incorrectly described; or
  • circumstances outside our reasonable control prevent fulfilment.

Where we cancel a paid order because we cannot supply it, amounts paid for the affected item will be refunded in accordance with applicable law.

1.6 In-Stock Products

Products marked In Stock are products that we reasonably believe are available for fulfilment.

We aim to prepare and dispatch paid in-stock orders promptly, subject to weekends, public holidays, courier schedules and other reasonable operational considerations.

1.7 Pre-Orders

A Pre-Order is an order for a product that is not yet available for immediate delivery.

Many of our pre-order products are sourced from overseas manufacturers, distributors or suppliers.

By purchasing a Pre-Order product, you acknowledge that:

  • advertised release or arrival dates are estimates;
  • manufacturers and distributors may change release dates;
  • international shipping and customs processes may cause delays;
  • supplier allocations may change;
  • product specifications, packaging or stickers may occasionally be changed by the manufacturer or supplier; and
  • different products ordered together may arrive at different times.

An estimated release or arrival date is therefore not a guaranteed delivery date unless we have expressly agreed otherwise.

Where a product is permanently cancelled by the manufacturer or supplier, or we determine that we cannot supply it, we will notify the customer and refund the amount paid for that product.

The customer's statutory rights remain unaffected.

1.8 Orders Containing Both In-Stock and Pre-Order Products

Where an order contains products that become available at different times, we may hold the available items until all products in the order are ready for delivery.

Customers may contact us to request that available items be sent separately.

Additional delivery charges may apply where the customer requests multiple shipments.

1.9 Combining Multiple Orders

Where agreed with the customer, we may hold items from multiple orders so that they can be combined into a later shipment.

Items that have already been paid for remain allocated to the applicable customer while being held for combined delivery.

Additional delivery charges may apply depending on the final size and weight of the shipment.

1.10 Chase Variants

A Chase is a rarer or alternative version of a standard collectible.

Purchasing a standard/common product does not entitle the customer to receive the Chase version merely because a Chase exists.

A Chase will be supplied where:

  • the item purchased is expressly listed as a Chase;
  • the customer purchases a bundle expressly including a Chase; or
  • a promotion expressly provides a stated possibility or entitlement to receive a Chase.

Where a standard/Common and Chase version are sold separately, they are treated as separate products.

1.11 Limited Editions and Exclusives

Where a product is described as limited to a stated quantity or as an exclusive, the description is based on information supplied by the manufacturer or distributor.

Retailer-exclusive, convention, international, special edition or similar stickers may differ between regions or supply channels.

Where the exact sticker version is material, we will endeavour to identify it in the product listing.

1.12 Prices

All website prices are stated in South African Rand (ZAR) unless expressly indicated otherwise.

Any applicable delivery charges are shown separately during checkout.

Prices may change from time to time. A subsequent price increase or reduction does not retrospectively alter the price of an order already concluded.

1.13 Promotions

Promotional discounts apply during the advertised promotional period and are subject to any specific terms communicated with the promotion.

Unless expressly stated otherwise:

  • promotions cannot be applied retrospectively to completed purchases;
  • discount codes cannot necessarily be combined; and
  • promotions are subject to qualifying stock availability.

1.14 Price Protection

Where we expressly advertise a Price Protection arrangement for a particular Pre-Order or product, the terms displayed with that offer apply.

Price Protection is not automatically applicable to all products unless expressly stated.

1.15 Payment

Payment is governed by our Payment Policy.

Ownership of products remains with I Luv Pops until full payment has been received, to the extent permitted by law.

1.16 Delivery

Delivery is governed by our Delivery Policy.

Customers are responsible for providing complete and accurate delivery and contact information.

1.17 Returns and Cancellations

Returns, refunds and cancellations are governed by our Refund, Return & Cancellation Policy and applicable South African law.

1.18 Website Errors

We make reasonable efforts to keep our website accurate and operational.

We reserve the right to correct genuine errors involving product descriptions, availability, images, pricing or other website content.

Any such correction will be handled reasonably and subject to applicable consumer law.

1.19 Intellectual Property

The I Luv Pops name, website content, original photographs, graphics, branding and other original material may not be reproduced for commercial purposes without permission.

Third-party trademarks, product names, characters, logos and intellectual property remain the property of their respective owners.

I Luv Pops is an independent retailer unless expressly stated otherwise and is not necessarily affiliated with or endorsed by Funko or any other manufacturer or intellectual-property owner.

1.20 Limitation of Liability

To the maximum extent permitted by law, I Luv Pops will not be responsible for indirect or consequential loss that was not reasonably foreseeable.

Nothing in these Terms excludes liability or consumer rights where exclusion is prohibited by law.

1.21 Fraud and Abuse

We may reasonably investigate transactions suspected of fraud, unauthorised payment, abuse of promotions or unlawful activity.

Fulfilment may be temporarily suspended while reasonable verification is performed.

1.22 Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Nothing in these Terms prevents a consumer from approaching a court, tribunal, regulator, consumer protection authority or applicable ombud where entitled to do so.