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Designation
The customer (you): person buying a product.
Fish and Chips: Fish and Chips, Rte de la Glâne 16, 1700 Fribourg and, otherwise, the supplier.
Products Fish and Chips: sales of apparel "Low Rider", mainly printed tee-shirts and other brands.
Confirmation of order: Confirmed order form sent by Fish and Chips.
Prices : Prices specified on confirmed oved order form.
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Application
This contract applies to all sales generated by Fish and Chips by means of catalogue, tariffs, advertising, internet or oral agreement. Any changes of the contract or a price quote must be approved by Fish and Chips in written form. By confirming your order you deliberately agree with the contract. This contract does not apply to any products bought through any dealer or distributor and is hence not a contract for dealers or distributors.
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Orders/contracts
Orders may be placed online, by phone, by mail or by fax. They only induce any obligation for Fish and Chips after Fish and Chips has sent a written order confirmation. You must verify the order confirmation and report to Fish and Chips any errors in written form. Otherwise, this contract will apply to the order confirmation.
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Prices/Payment terms
The prices of the products, sales tax, shipping fees will be specified on your bill. Customs fees of the customer's country are at one's own costs. Exchange rate fluctuations and shipping fees might induce price adjustments. You must execute the payment of any bills when placing the order or, if accepted, within 30 days after the bill has been issued. Fish and Chips may delay any shipping until the total amount of the order has been paid. If your payment is late, late fees and deferral interests calculated on the basis of legal interest rates will be at your charge.
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Delivery/Risks
Delivery time indicated on the order confirmation is relevant. Deliveries might be partitioned. The place of delivery is indicated on the order confirmation. Fish and Chips may only be compelled to deliver after a written notification. This notification may occur the earliest two weeks after reaching the delivery deadline. Before this deadline, it is not possible to withdraw from the contract. If you reject delivery, you must pay induced costs and deficits in addition to storage costs until you accept the delivery. Transfer of risks will be at delivery. You must check the parcel at its arrival and indicate any adequate inaccuracies in written form to the transporter.
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Verification
You must ensure the conformity of the products delivered with the contract immediately after delivery and announce identifiable defects without delay, but at latest within seven days after delivery. This period passed, the delivered products are considered accepted. If the return of the products is accepted by Fish and Chips, you must send it back in their original packing, with a return voucher and proof of purchase. You carry the costs of the return.
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Warranty
We guarantee that at delivery the products of Fish hand Chips match the terms of the contract (if agreed) and the norms common in the industry, and will be handled carefully. Any other warranty is not assured.
You have the exclusive right of replacement delivery according to the possibilities of Fish and Chips. In view of that we are entitled to check the products in our stock. If replacement delivery fails, you are eligible to request a compensation for the actual reduced value of the object (price cut) but not to resign the contract (cancellation), only if the actual compensation does not equal the price.
In case of replacement delivery, Fish and Chips acquires property of the exchanged products by simply exchange. Fish and Chips does not give any warranty for any damages induced by a third party.
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Responsibility
We assume an infinite responsibility for all actions or intentional omissions resulting from an important mistake. For the remainder, our responsibility for direct or indirect damages (like lost earnings) is, within legal limits, entirely barred. See paragraph 14 further below for further indications.
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Intellectual property
Fish and Chips preserves all rights regarding the intellectual property of the products. Fish and Chips compensates all costs and fees resulting from claims by third parties for violation of their intellectual property rights. In case of proven counterfeit of a product created or manufactured by Fish and Chips, it is our duty to exchange, modify or reimburse the customer substracting all depreciation of the object.
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Cause beyond control
We are not responsible for delays in delivery or services caused by events reasonably beyond our control. For example, we might be eligible to additional time for delivery in case of: strikes, terrorist attacks, wars, problems concerning our suppliers, transport or our production, fluctuations of exchange rates, acts of public authorities, natural disasters. If such a situation lasts more than 2 months, this contract may be cancelled by either party without any compensation.
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Cancellation
We may cancel this contract without any notification, if: (i) we expect you to pay an agreed amount for a period longer than 2 weeks although the bill payment due date has been extended; (ii) violate or Fish and Chips suspects you to violate laws about the control of exports.
Each party may cancel the contract if the other party: (i) commits an important or persistent failure towards its obligations and does not repair it within 30 days after a written notification, or (ii) becomes insolvent or unable to pay its debts.
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Your Obligations
As a customer, you are responsible
• for your product choice and the subsequent usage of it
• for your phone and shipping costs when contacting Fish and Chips.
You must treat our staff with reasonable esteem, show willingness to cooperate and guarantee an easy access allowing a fast proceeding of our obligations; otherwise we will be discharged from them. You assume the backup and confidentiality of your data and all corresponding legal statements.
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Data Protection
You accept that your personal information will be stored or transferred as quoted in the applicable laws about the protection of personal data. Fish and Chips guarantees an appropriate level of data protection.
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Litigation
These terms shall be governed by and interpreted in accordance with the laws of Switzerland. The Vienna Sales Convention for the international sales of goods is not applicable to this contract. The parties agree on the exclusive competency of the courts of Fribourg, Switzerland.
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General
If a paragraph of the contract is declared not valid by a court, the remainder is valid. Fish and Chips may delegate or transfer its obligations. You are not allowed to cease or transfer your obligations. Notifications must be sent by listed mail.
CONFIDENTIALITY
Les conditions générales devraient figurer en bas de chaque page du site avec un lien direct avec le texte ci-dessous.
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Privacy and protection of personal data ¨
Fish and Chips cares about privacy rights and protection of personal data. You will find further below our guidelines we will stick to in order to protect your personal information.
Thank you for reading the next lines with great care.
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Confidentiality terms of Fish and Chips
Fish and Chips respects your privacy. All confidential information we collect about you are stored and used exclusively for well-defined actions. They allow us to improve our relationship. We do not sell your confidential information. If we should share them with third parties, this would only be the case with your agreement or corresponding to the current legislation or to protect Fish and Chips, its clients, the public or adjacent companies of Fish and Chips with the condition that its partners agree to protect your personal data and your privacy. You may contact Fish and Chips any time if you have questions about our terms of confidentiality. You may also request the personal information you have conveyed in order to correct or cancel it. We will take great care with the aim of protecting all confidential information by taking all procedures needed.
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The information about you collected by Fish and Chips
Fish and Chips requests only certain types of personal information. We ask you to provide information allowing us to take care of your purchase or to provide a service, to improve your online navigation, to respond to information requirements, to entertain our customer relationship, or to keep in touch with you after your visit. Fish and Chips may collect information when you
• you register under www.lowriderteeshirt.ch
• ask for an offer about our products
• place an order for our products
• ask for electronic notifications of your pending order (order tracking)
• ask our client adviser for assistance
• respond to an online survey
• participate within promotional offers
• you subscribe to a newsletter or a mailing list
In each example cited further above, we may ask for your name, address, e-mail, IP address, phone number, profession, job category, transactional information as preferences, client or service number, details about your credit card and other bank information, references and other information necessary to proceed with your order.
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Fish and Chips uses your information only for precise actions
The information provided by you will remain confidential and will be collected and administrated for the following objectives or other valid objectives defined by the applicable law.
• To administer your purchase
• To cover the demands for the products
• To improve our products
• To contact you
• To personalize advertising and its content.
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Newsletter, Mailing Lists, Information Requests
If you request information about our products, we will be happy to send you any product-related documentation that could be of interest. This information could consist of special offers and other products of Fish and Chips. Solely Fish and Chips (or third parties working for Fish and Chips) will send you direct mails. If you do not want to receive this kind of information, we recommend to click the button "Unsubscribe".
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When Fish and Chips will share your personal data
Your personal data will be shared with other parties, agents or Fish and Chips partners providing services for Fish and Chips, as Fish and Chips suppliers, sub-contractors et financial institutions. If this is not the case, Fish and Chips will make sure the data is administered confidentially.
Fish and Chips will only disclose any personal data within the intended and authorized boundaries authorized by law, if this is requested by a court or a public authority, if this is necessary for any jurisprudence, or to make sure we are in line with legal obligations.
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Fish and Chips will not disclose your personal information without your approval to an external organisation using it for marketing purposes
Your personal data (as name, address and phone number) or information about your order and the products you have purchased, will not be transferred, nor sold to any external organisation using it for marketing purposes or solicitation without your approval.
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Your Rights
Based on your request and within 30 days, we will inform you in written form about the type of personal data we hold about your person, the objectives of its usage and about the potential recipients or type of recipients.
Based on a written request and within a reasonable time span, we will correct, cancel and/or block the later processing of your personal data if this data is not exact, incomplete or without any connection to the objective of the processing.
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E-Commerce on the Internet
The online-shop lowriderteeshirt.ch is designed to propose options about the confidentiality concerning details of your credit card information, your name, address, e-mail and all other information you provide. Fish and Chips certifies that all information collected on its website is secured. We use the SSL encrypting, standard security instruments common in the industry accessible from your browser. If, at any moment, you wish to purchase a product but you do not want to provide credit card information online, you may contact one of our sales representatives by phone. Our policy has always consisted of contacting clients having problems with their purchase or for any other usual commercial communication related to a purchase.
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Personalized Experience and Cookies
The new technologies emerging from the internet allow us to offer visitors personalized experiences. At Fish and Chips, we mainly use "cookies" in order to determine which information related to customer service and customer support is appropriate for your computer and hence improve your purchase experience within our online-shop.
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Other Websites
You should know that other websites, including those accessible from our website, by means of a hypertext link for example, are able to collect information about you and allow identifying you individually. Terms and conditions of information management of these websites related to Fish and Chips, or any other website, are not covered by the present policy of confidentiality.
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Contact Fish and Chips
If you wish to contact us or if you have any questions or suggestions about our policy of confidentiality, you may contact us by mail, phone or e-mail.
