Popcultcha Conditions of Sale  

 Popcultcha Pty Ltd is a Registered business (ABN: 35 131 015 711) and by using this online store to place an online order you are accepting the terms and conditions as stated below.

  1. All goods and services supplied by Popcultcha Pty Ltd are supplied on the following terms and conditions.  
  2. All orders placed (In-Stock or Pre-Order) via any of our websites ( popcultcha.com.auor any of our eBay stores are bound by the same terms and conditions.
  3. All orders are final once you have placed them across all our websites.
  4. Payment must be in full before an order can be finalised and sent. Pre-orders must have either full payment or minimum pre order payment as stated on the web page. 
  5. Cancellations of orders and pre-orders can occur only if it hasn't progressed past the point where it’s paperwork has been sent to the warehouse to be processed and despatched. We do not offer a change of mind refund and all funds must either be returned to the customer as store credit, or the order can be changed over to another product. Cash refunds will not be given.
  6. Alterations/add ons to existing orders can occur only if it hasn't progressed past the point where it’s paperwork has been sent to the warehouse to be processed and despatched.
  7. All product pricing is shown within Australian Dollars (AUD) and the website can show your local currency if you choose so at the top of the website. (Your local currency can change slightly due to daily changing exchange rates/Paypal rates). During the checkout process, the full amount of your order, in AUD is shown as “Grand Total To Be Charged”.
  8. Popcultcha reserves the right to cancel any order that uses a discount code that was not given directly to the customer placing the order.
  9. Popcultcha reserves the right to cancel and refund any product that is charged incorrectly due to an IT issue effecting it's actual RRP. (Recommended Retail Price)
  10. Popcultcha reserves the right to combine any subsequent Pre-Order/s that occur after the initial in-stock shipment with any other Pre-Orders/Orders shipping to the same customer name and address.
  11. As we have thousands of products online sometimes we may inadvertently run out of an item due to damages or inventory discrepancies. In this case we will get in contact with you to offer an alternative, store credit or a refund on the unavailable product. 
  12. International customers are responsible for any customs duties, taxes or fees payable on the importation of items into their respective country and these charges are independent of our website, levied by respective governments.  Please check with your local postal services and/or Customs department prior to ordering for further details regarding any costs which may apply.
  13. All Retail Packaging images are kept up to date where possible, however designs can change as part of any subsequent release, if this happens we cannot replace any items due to these changes. The item you are purchasing is still accurate to what you ordered, it is just a retail package redesign as per the manufacturer. 
  14. All Domestic shipping information can be located within our terms and conditions here.
  15. All International shipping information can be located within our terms and conditions here. 
  16. All Popcultcha Pennies information can be located within our terms and conditions here.
  17. Our Returns Policy can be located within our terms and conditions here.
  18. All information relating to returned orders can be located within our terms and conditions here.

30 Day Return / Exchange Policy (Product Guarantee)

Here at Popcultcha, we take pride in ensuring that your goods have been carefully picked are packed with care to ensure that your item is not only of the highest possible quality, but that it arrives safely at your nominated delivery address. We recognise the importance of buying mint condition collectables and do the best we possibly can to ensure they remain that way from door to door. 

However, sometimes items do become damaged in transit or there is some form of manufacturing defect thereby making the goods unfit for their intended purpose. If this is the case with your item please contact Popcultcha immediately via email to [email protected] or via telephone on 1300 586 291  (Australian Customers) or +61 3 5240 7991 (International Customers) between 9am - 5:30pm Monday - Friday (AEST/AEDT). 

Customers who have purchased from Popcultcha should note that all returns/exchange enquiries must be received by Popcultcha within 30 days of you receiving your goods at your nominated delivery address. A Popcultcha Customer Support representative will be generally be in contact with you within 1 - 2 business days after receiving your enquiry (please note, peak seasonal business, ie. Convention Launches, Christmas etc. may cause delays to our service times). 

Upon receiving notification of damage or a manufacturing defect, we may request photographic evidence of the parcel and/or the the particular product that has the issue. We will review this photo and contact you at our earliest convenience to discuss your options in relation to the product issue.

For issues with Pop Vinyl products, please see the Funko Pop! Vinyl Damages Policy (below on our Terms & Conditions page).

 

Defective items 

Popcultcha will only issue refunds, exchange products and/or issue store credit if the defective item is returned to us in exactly the same condition it was received by the customer. 

Popcultcha will cover the shipping cost of defective item from the customer's nominated delivery address to our HQ in Geelong, Victoria. This can be done several ways ie. Popcultcha emailing a returns shipping label to the customer to use at their local Australia Post Office, or by refunding the postage upon the defective item being received by us at HQ. However, it must be noted that Popcultcha reserves the right not to reimburse postage costs unless it expressly approves of the item being returned to us at HQ - therefore, it is very important that if you have got a defective or damaged item, you must contact us within 30 days of receiving that item.

 

Change of Mind

Popcultcha does not offer refunds for change of mind. In the event you would like to return your item for another product or store credit, the customer is liable for any and all shipping costs associated. The item must be returned to Popcultcha in exactly the same condition it was received by the customer.

You must contact Popcultcha to discuss any exchange within 30 days of receiving your item. Popcultcha reserves the right to refuse any return of a product due to change of mind. 

 

Refunds

All refunds are at the discretion of Popcultcha. Unless your item is deemed defective or is different from what was advertised you will not be entitled to a refund. 

In the event of a refund, you will receive your money in the same manner and currency in which you paid ie. Credit Card, PayPal, Bank Transfer.

  • Credit Card

Refunds to credit card will be made to the exact card that was used to purchase the item. The refund will be made in Australian Dollars (AUD) at the current exchange rate. Popcultcha is not liable for any variation in amount refunded due to exchange rates. 

It can take up to 30 days for the refund to show up on the card statement.

In the event of your card expiring or being cancelled, the refund will need to be made through Bank Transfer or Paypal. Popcultcha can not refund money onto a different credit card. 

  •  Paypal

How a refund is credited depends on how the original payment was made:

If you paid with your bank account (eCheck or Instant Transfer) or PayPal balance, the money will go back to your PayPal balance.

If you paid by credit card, the money will go back to your card. It can take up to 30 days for the refund to show up on the card statement.  

Refunds are issued in Australian Dollars (AUD) at Paypal’s current currency exchange rate. Popcultcha is not liable for any variation in amount refunded due to exchange rates. 

  •  Bank Transfer

If you have paid by Bank Transfer Popcultcha will refund the money via Bank Transfer to your Bank Account. In order to do this you must first provide Popcultcha with your Account Name, BSB & Account Number. 

Transfers from financial institutions are not instant, and it may take up to 3 - 5 working days from the time the transfer was made to receive your refund.

 

Lucky Lasts

If we are down to our last unit of an item, it may or may not have been opened and displayed behind glass in our Geelong Supastore. We will let you know if this is the case and will ascertain if the piece is in factory mint condition. If it is, we will return it’s original factory shipper and send it out to you.

However, if we discover any defect or damage, we will contact you first before sending it out via phone or email and let you know the exact condition of the goods. We may also follow up with a photo. It is then at Popcultcha’s discretion to offer you, the customer, a discounted deal on the piece to compensate for any wear and tear. This is negotiated only when this rare occurrence arises and is treated on a case-by-case basis. 

As the terms and conditions of sale for a lucky last item include the customer agreeing to the current condition of the product they will not be issued a refund or exchange barring any damage to the product received that had not been communicated by Popcultcha. 


Pre-Orders

A Pre-Order is an item that has not yet come into stock, but can be pre-purchased prior to its arrival. Pre-orders under $300 are generally paid up front 100% and are then shipped out to you as soon as they arrive without you having to do anything further.

Items over $300 generally have the option to either pay in full as above, or pay a $100 deposit now to secure the item and then the balance upon arrival of the item into our warehouse, or in instalments leading up to arrival. This can be arranged with one of our staff.

So the deposit, whether it be $100 or in full, secures your particular piece ie. reserves it, but it is non-refundable. If you change your mind or wish to cancel, you can apply this deposit against another product or simply maintain a store credit until you find another item that you want.

Cash refunds will not be given.

Please note, any percentage discount codes applied to a preorder item will deduct the percentage amount from both the RRP of the product AND the $100 Discount. For example, if a 10% OFF code is applied, this code will reduce the RRP of a $1000 product to $900 as well as reducing the $100 Deposit to $90. The remaining amount due in this instance will be $810 (the discounted amount less the discounted deposit).

Preorders are particularly important for limited release items, as sometimes we may presell out of an item, so preordering will be the only was to ensure you can buy that piece.

You can tell if an items is a preorder item by looking on the product page. We have implemented what we like to call the traffic light system. If the green "In stock" Light is showing, then the item is in stock. If the orange "Pre Order" Light is showing, then you know this is a Preorder item. When the orange "Pre Order" light is on, a note with the ETA (Estimated Time of Arrival) is also shown. 

ETA's are subject to change and beyond our control as we rely on Manufacturers and then the  Australian Suppliers to provide the stock. Please keep this in mind if you are ordering for a specific date, as we cannot guarantee it will arrive on time.  

Ordering In-Stock Items with Pre-Order items

When placing an order on our website with both Pre-Order items AND in-stock items, we will ship to you the In-Stock items as quickly as possible, without you needing to wait for the pre-order items.

The pre-order items will then be shipped to you separately, later on, when those items physically arrive in stock. Please note that pre-orders also may take some time to process once the item arrives, as there can sometimes be very high demand on some products (please see below)

Shipments Containing Pre-Order Items

If you have placed an order on our website for in-stock and pre-order items, please be aware that if multiple pre-order items arrive at the same time, we reserve the right to ship the newly arrived pre-orders in the same parcel. We endeavour not to exceed the total of any of your original orders in doing this, but as your postage cost is spent primarily on your first shipment from each order, the shipping of secondary and tertiary parcels containing pre-ordered items may be combine across other orders you have placed in order to keep your items together for safety and ease of delivery.

Processing Times

Pre Order processing times will vary, this is dependant on the how heavily it/they have been pre-sold.

Eg, 1 customer order will be rather quick, with a day turn around. 100-1000 customer orders will take much longer. 

We always endeavour to process all pre orders as quickly as possible, but please be aware that there will be a delay on any item/s that is heavily pre sold, or if we land a lot of pre ordered items at the same time.

We ask for your patience during this time so we can have as many resources on this task. Any uptake in emails/calls for updates on shipping will only slow us down as we need to reallocate resources to answer these messages. 

FYI: Pre Order processing involves, 1. Invoicing your item/s, 2. Creating a shipping label, 3. Collecting the item/s and then lastly 4. Packing your item/s before shipping. This takes multiple staff members across multiple departments.


Funko Pop! Vinyl Damages Policy

Our company policy on Funko POP Vinyls is as follows:

Funko Pop Vinyls are a mass produced toy line from various factories across the Far East region. Funko have their own Quality Control program to ensure the product they are producing meet with their company standards. As a retailer, we look over the products to ensure they are the correct items and to discard any obviously defective items, which we do, by the dozens, each and every week.

As a mass produced toy line, there are variations in the manufacturing process that do occur. This can include but is not limited to, slight creases or scuff marks on packaging, minor paint variations, stickers included or not included on boxes etc etc. These are all considered "minor variations" in a mass produced product. You should also keep in mind that the packaging of these products are exactly that, a way to get the actual POP vinyl from A to B. They are designed to assist retailers and Funko themselves to promote and sell what is actually inside the box - the collectable toy.

We will not be replacing or refunding products that have "minor variations". The products are still fit for their intended purpose, which is a fun collectable toy to play with or display and there is nothing further we, as a retailer, can do for customers seeking a pristine product.

These products have passed Funko QC and have been deemed fit for retail markets across the globe by Funko. If you have a particular issue with the quality of Funko's products, please contact Funko through their website at www.funko.com to provide that feedback.

The rationale behind this policy is that what is considered a "mint" or "pristine" Pop! Vinyl collectable toy or what is deemed an "issue" with a Pop! is a subjective view held by the individual and varies widely from consumer to consumer. We, as a retailer of collectables for over 21 years, simply have to draw on our collective knowledge and experience in the industry and cast an objective view on what we consider are products that have a "defect" vs products that have a "minor manufacturing variation".

For those collectors that are fastidious about pristine boxes, we at all times try our best to get replacement boxes where we can, however we cannot guarantee this.

In the case of damage to a pop that was part of a Funko Subscription Box, we do not have access to any replacement boxes for these exclusive items. As these sealed boxes are pre-packed before arriving here at Popcultcha, we do not have the ability to check the items contained inside for imperfections before shipping them to you. These boxes are covered by this policy, and the damages policies shown on the individual subscription box websites, which state "WE DESIGN OUR PACKAGING TO PROTECT THE COLLECTIBLES INSIDE, AND WE DO NOT SEAL OUR BOXES FOR THIS VERY REASON.  WE ENCOURAGE YOU TO TAKE YOUR POP! FIGURES AND OTHER PRODUCTS OUT OF THE BOXES TO ENJOY THEM!  EVEN IF YOU CHOOSE TO KEEP YOUR FIGURES IN THE BOXES, WE ARE NOT ABLE TO REPLACE PACKAGING." 

* If a replacement box can be secured we will send it/them with your next order.

**Please note: A minor packaging flaw that doesn't affect the Pop itself is not considered a defect or damage and is not subject to a return or replacement box. 

Thanks for your continued business at Popcultcha.com.


Returned Orders

In the event that your parcel is returned to our warehouse, which may be the result of an incorrect address entered, an undeliverable address or if the parcel was unclaimed after an attempted delivery, Popcultcha will contact you via email in order to organise either reshipment or a store credit refund for the cost of the items. 


As the shipping fees necessary to deliver your parcel have already been used in the initial shipment we require the cost of shipping to be paid again in order for a secondary dispatch to your location or corrected address. 


Any return fees charged to us by the relevant postal services must also be paid for by the customer prior to re-shipment, as not claiming your parcel from your postal service incurs a charge for us to have your parcel shipped back to us from your location.


Alternatively, we can provide a store-credit refund via an online gift-card code for the cost of the items on your returned purchase. This allows you to place your order again with any other items you’re interested in to help blend the shipping costs over this new order. 


If we receive no response to our initial email after a weeks time we will cancel the order and refund you via online gift card (excluding shipping and any processing/return fees). The email correspondence will be sent to the email address that you have used to place the order, and will also be visible from within your Popcultcha account, if you were logged in at the time of purchase.

 


Funko Convention Exclusive Releases 

At certain time of the year Popcultcha will have Funko Convention Exclusive Products made available for sale to coincide with the release of these products at their respective conventions i.e. San Diego Comic Con, New York Comic Con, Star Wars Celebration. These Funko Convention Exclusive product release events are held online, as well as in-store at our Popcultcha Collector Gallery and Popcultcha Supastore in Geelong, Victoria. Unfortunately, due to agreements with our supplier we are unable to reveal what products will be available for sale until the time of the event. The available Convention Exclusive products will be announced via Social Media (Facebook, Twitter & Instagram) as well as the main page of our website at the same they will be made available to purchase.

Here are some things you need to know before an event takes place:

Product Availability:

  • Popcultcha will NOT be releasing a list of which products we will have available for sale until the starting time of the event.
  • All Funko Convention Exclusive items are subject to per-person limits unless indicated otherwise.
  • Stock of Funko Convention Exclusive products are highly limited so to best ensure you don’t miss out we recommend that you pick the products you would most like to add to your collection and checkout with them immediately. Please be aware that ADDING AN ITEM TO YOUR CART DOES NOT RESERVE THIS ITEM and as such your order is NOT GUARANTEED until you have completed the checkout process. If someone manages to check-out before you, you may miss out on your desired item.
  • The demand for these Funko Convention Exclusive products is much higher than the quantity that are made available for sale. As such, Popcultcha are unable to assist you if something sells from your cart before you are able to check out, and will not be held responsible in the event this takes place.
  • Orders for Funko Convention Exclusive items cannot be taken over the phone.
  • Please note that the time chosen to start the event is not to benefit any customers or customers location. The release time is given to us by our suppliers and we cannot release Funko Convention Exclusive products prior to the advertised time. As we are an Australian company that runs a regular 9am - 5:30pm trading hour model, our release times are GENERALLY during these business hours to ensure all hands are on deck when the event occurs and we have the ability to correct any issues that arise. These events may start outside of our standard business hours in order to be in line with the product launch times provided to us by our suppliers. 

Queue:

  • Due to significant increase website traffic during these events, Popcultcha cannot guarantee website stability issues will not arise. In the event that there are website issues we want to ensure you that we will be working as hard and fast as possible to return the site to full working capacity.
  • In the immediate lead-up to these Funko Convention Exclusive products being released, Popcultcha.com will be brought down to allow these products to be enabled for sale. Once the website is reactivated, waiting customers will be placed into our queuing system which will allow people onto the website gradually instead of all at once.
  • The queue will be reshuffled just prior to letting anyone on to Popcultcha.com, so please be aware that customers who have been waiting on our website prior to the release will have no advantage over other customers as their position in the queue will be randomised. The release time advertised for Funko Convention Exclusive items is when the queue for the event will officially begin.
  • While on this queue page you will be notified of your wait time to access the site. The Popcultcha team will post messages that are visible to all those in the queue advising of any current website issues or products that have sold out.
  • Once it is your turn to enter the website, you will have a limited amount of time to enter Popcultcha.com before your place in the queue will expire. If you are inactive in the queue during this time, you may miss your window of opportunity. Please be aware of the email notification option if you plan to be away from your browser. Popcultcha are unable to assist if your access to the website expires prior to your entry. 
  • We have tested our queueing system on our last major product release and it worked extremely well and managed to cut issues down dramatically.

Cart Errors:

  • If in the event that you proceed through the checkout, and come to a website error, or black page, please DO NOT REFRESH your page. Instead, please check your payment account (Credit card or PayPal) to see if you have been charged for your order. If there is a Payment taken, this means your order is in the process of downloading into our system. There will be no need to refresh the page or place the order again, as it will only duplicate your order, and take payment from you a second time. We cannot guarantee that duplicated orders will be fulfilled - so it is very important to ensure that you do not refresh or re-submit your order multiple times, to try to prevent this from occurring.
  • Order confirmation emails may take longer than usual to be sent our due to the increase of orders made during peak times. This delay should be short, however we have seen it take up to a few hours
  • If you attempt to check out, and one (or more) of the items in your cart is no longer available, due to other customers already placing their order for that same item, you will need to remove that product from your cart before you can proceed, as per the images below.

Shipping Times: 

  • Due to the amount of orders that will be made during these Funko Convention Exclusive events, our order dispatch times will be longer than the usual 24-48 hour timeframe that we aim for. We will be reallocating resources to ensure that all orders are dispatched as quickly as possible, however please be aware that in purchasing these Convention Exclusive items, you are confirming that you are aware that it may take up to 10-12 business days for your order to be dispatched. We do appreciate your patience during these peak times, and ask that you please refrain from contacting us about this delay in the meantime. This will delay us further. 

Damages:

  • All Funko Convention Exclusives will be sent out the way that Popcultcha have received this stock from Funko. We will not be held liable, nor is there any recourse if the item you receive has a different sticker then that pictured or is un-stickered. All Funko Convention Exclusives products regardless of whether they have a sticker will be treated as an exclusive item.
  • If your item arrives with damaged packaging due to postal services, we cannot guarantee that we will have a replacement box. It is at Popcultcha's discretion on how to proceed with any exchanges, returns or refunds. Click here to see Popcultcha's Funko Pop! Vinyl Damages Policy.

Order Cancellations & Mergers: 

  • Order cancellations will be treated as normal but may not be processed until the after the peak period of the event due to the sheer volume of incoming orders. All orders, and any cancellations, are subject to the Conditions of Sale, which you can read here
  • Shipping costs for multiple orders will not be cancelled or merged. 
  • During this busy time we will not be able to add product(s) to your existing orders because of the sheer amount of orders being processed in the warehouse. If you wish to purchase additional items, you will be required to make an entirely new order.

Please be aware that any customer found purposely creating multiple accounts/orders to get around the "one per person" limits will have all duplicated orders cancelled and refunded. If this is done to extreme excess we reserve the right to cancel all orders placed. The cancellation and refunds can take up to two weeks to be finalised so your funds will also be tied up until finalised.

So to be fair to all collectors out there trying to get there hands on these limited products make sure you follow the rules set up. It not only spoils the experience for all collectors, but adds unnecessary work for our Invoice Team and simply slows down the process of getting you your items. 

Restricted Shipping (RS): 

  • At this stage all Funko Convention Exclusives are still under (RS) Restricted Shipping and cannot be sent to the USA or Canada. If this changes we will remove the (RS) from the listings.

A Couple More Things:

  • Regardless of any frustrations (and no doubt there will be!) please don’t abuse the staff at Popcultcha should you miss out on any products or if anything goes wrong during the event. We are very fortunate that Funko have allowed us access to these Funko Convention Exclusive products and it is not the fault of our staff if people miss out on items or if the website crashes due to unprecedented demand.
  • Finally, Popcultcha will not be able to answer all Funko Convention Exclusives enquiries due to the sheer number we are likely to receive. If the question has been addressed via the FAQ there is high chance that we will not be able to respond. We will be using all of our man-power to ensure the event runs smoothly and to ensure that the orders submitted to us can be shipped as promptly as possible. We appreciate your patience to allow us to work as hard as we can to get these products to you as quickly as we physically can.