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Terms & Conditions

Our terms in general

In general
The website www.badfishposters.com is owned and operated by Monoko. These Terms & Conditions apply to purchases from the E-commerce store www.badfishposters.com (hereafter called ‘Website’) and the use of the Website. The Customer should read them carefully and retain a copy for future reference. These Terms & Conditions outline the rights and responsibilities of the operator, Monoko, with its registered office at Pontonjärvägen 10, 961 43 Boden, Sweden (EU),  (‘Operator’) and the user/buyer (‘Customer’). Access to and the use of this Website and the Services and Products available through this Website (collectively, the ‘Services’) are subject to the following terms, conditions and notices (the ‘Terms of Service’). By using the Services, the Customer is agreeing to all of the Terms of Service, as may be updated by the Operator from time to time. The Customer should check this page regularly to take notice of any changes that may have been made to the Terms of Service. The Customer may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of the Operator. Access to this Website is permitted on a temporary basis, and the Operator reserves the right to withdraw or amend the Services without notice. The Operator will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, the Operator may restrict access to some parts or all of this Website. This Website may contain links to other websites (the ‘Linked Sites’), which are not operated by the Operator. The Operator has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from the Customer’s use of them. The Customer’s use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy policy
The Operator always takes the Customer’s privacy very seriously so that he/she can shop with confidence at www.badfishposters.com. When the Customer places an order, the Operator collects some personal information such as the Customer’s name, address and email address. This personal information is collected, kept in the strictest confidence and is held securely by the Operator. The Operator has obligations in relation to the Customer’s personal information and treats all personal information as confidential, complying completely with data protection and consumer legislation. By providing any personal information to the Operator, the Customer agrees that this information is used for the operation of the Website and the provision of Services and Products to him/her. The Operator will not disclose the Customer’s personal information to any outside organisation except as part of the operation of the Website and/or as necessary for the provision of the Services and Products to the Customer where a third party may supply him/her with products (in which case the third party supplier will be notified of the Customer’s name, address and telephone number in order to fulfil the order).

The Operator cannot be held responsible for security breaches occurring on the Customer’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his/her device.

All payments are processed securely by PayPal. PayPal also handles credit card and debit card transactions and is also under strict legal and contractual obligations to keep the Customers’ personal and financial information private.

The Operator reserves the right from time to time to notify the Customer (via SMS, email and post) of other Services and Products or invite the Customer to events that may be of interest to him/her which are similar to the Services and Products the Customer has previously used or purchased from this Website. The Customer will be given the opportunity to opt-out at the time of mailing if he/she does not wish to receive further information notices. The Operator is entitled to notify the Customer in relation to the balance of any transaction that he/she has commenced but not completed on the Website even if the Customer has “opted-out” of information notices.

Cookies
This Website makes use of cookies to monitor visitor sessions. No personal information is stored in the cookie that is issued by the site. The value stored in the cookie is an anonymous identifier, which is not linked to any other personal information the Customer may give the Operator during his/her visit. If the Customer does not wish to receive these cookies, he/she can disable them in his/her browser, though doing so may affect the functionality of this Website.

Prohibitions
The Customer must not misuse this Website. The Customer will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as ‘spam’; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence and the Operator will report any such breach to the relevant law enforcement authorities and disclose the Customer’s identity to them. The Operator will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Customer’s computer equipment, computer programs, data or other proprietary material due to his/her use of this Website or to his/her downloading of any material posted on it, or on any website linked to it.

Disclaimer of liability
After the order has been dispatched, the Operator is not taking any responsibility and is not liable for any damage caused by the Customer, due to wrong treatment of the product or lack of care. The Operator cannot be held responsible for fading or ageing of the product due to UV exposure, humidity and heat or any other influence of environmental conditions. The products sold on this Website are not for outdoor use and display.

The products displayed on this Website are provided without any guarantees. Due to a different colour appearance on computer screens, the colours of the products displayed in the E-commerce shop might slightly differ from the actual product that is sent to the Customer. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods, and are subject to change.

The Operator strives to ensure that the information on this Website is as accurate as possible, but does not accept responsibility or liability for any inaccuracies. The Operator will do whatever necessary to correct errors and omissions in relation to the Website as quickly as practicable after being notified of them.

Reviews and feedback
The Customer is permitted to post reviews and comments on items purchased via the Website; and submit suggestions, ideas, questions or any other information, provided that the Customer complies with these Terms and Conditions and applicable Terms of Service. The Customer may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of his/her review, comment or other content. The Customer represents and warrants that he/she owns or otherwise controls all of the rights to the content that he/she posts. That the posted content is accurate; and that the use of such content does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content is not defamatory). The Operator reserves the right to remove any reviews without notifying the Customer. The Customer acknowledges that any review, feedback or rating which he/she leaves may be published and agrees that it may be displayed for as long as the Operator considers appropriate.

The Customer grants the Operator a non-exclusive, royalty-free, worldwide license to use, reproduce, edit, modify, publish, display, attribute to the name he/she uses in connection with his/her submission of the content. To the extent permitted by law, the Customer agrees to waive his/her right to be identified as the author of such content and his/her right to object to derogatory treatment of such content. The Customer agrees to indemnify and hold the Operator harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings, reviews or other content supplied by the Customer, including the violation of their privacy or Intellectual Property Rights.

Linking to this Website
The Customer may link to this Website, provided he/she does so in a way that is fair and legal and does not damage the Operator’s reputation or take advantage of it, but the Customer must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Operator’s part where none exists. The Customer must not establish a link from any website that is not owned by him/she. This Website must not be framed on any other site, nor may the Customer create a link to any part of this Website other than the home page. The Operator reserves the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except, where expressly stated to the contrary, all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Operator and the Customer should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the Services and Products and is in no way an assertion that such Services and Products are endorsed by or connected to the Operator.

Indemnity
The Customer agrees to indemnify, defend and hold harmless the Operator, its directors, officers, employees, consultants, agents and affiliates from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the Customer’s use of this Website or his/her breach of the Terms of Service.

Variation
The Operator shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and Products and/or any page of this Website.

Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which the Operator excludes its liability to the Customer) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, the Customer agrees that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

No waiver
The Operator’s failure to insist upon strict performance of any provision of these Terms of Service, shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms of Service.

Entire agreement
The above Terms of Service constitute the entire agreement between the Operator and the Customer and supersede any and all preceding and contemporaneous agreements between the Customer and the Operator. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of Monoko and www.badfishposters.com.

Governing law and jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Sweden, and the Customer consents to the jurisdiction of the Swedish Courts in the event of any dispute. If any of the provisions of these Terms of Service are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms of Service, and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service constitute the entire agreement between the Operator and the Customer with regard to the use of the content and this Website.

Contact information
This website is operated by Monoko, based in Sweden (EU), Pontonjärvägen 10, 961 43 Boden, trading as www.badfishposters.com.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us by email at: info@badfishposters.com.

Terms of sale

Terms of sale
By placing an order, the Customer is offering to purchase a product on this Website. Any purchases/orders are subject to the Terms of Service. The Customer should read them carefully and retain a copy for future reference. All orders are subject to availability and confirmation of the order price. All prices advertised include VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’ at checkout. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which the Operator will not be responsible. The Terms of Service do not affect the Customer’s statutory rights. The Operator has the right to refuse at its discretion to supply any goods ordered.

In order to contract with the Operator (to buy from this Website), the Customer must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to the Operator. The Operator retains the right to refuse any request made by the Customer. If the order is accepted, the Operator will inform the Customer by email and will confirm the identity of the party which the Customer has contracted with. This will usually be www.badfishposters.com or may in some cases be a third party. Where a contract is made with a third party, the Operator is not acting as either agent or principal and the contract is made between the Customer and that third party and will be subject to the terms of sale which that third party will supply the Customer. When placing an order the Customer undertakes that all details he/she provides to the Operator are true and accurate, that the Customer is an authorized user of the credit or debit card used to place his/her order and that there are sufficient funds to cover the cost of the goods. All prices advertised include VAT.

Contract
When the Customer places an order, he/she will receive an acknowledgement email confirming receipt of the order: this email will only be an acknowledgement and will not constitute acceptance of the order. A contract between the Operator and the Customer will not be formed until the Operator sends the Customer a confirmation by email that the goods which he/she ordered have been dispatched. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

Products
The Operator reserves the right to alter any details of products advertised without notice. While every effort is made to describe goods accurately in the advertisement, no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.

Gift Cards
All Gift Cards are issued by the Operator and Conditions of Terms of Sale apply. When the Customer purchases, receives or redeems a Gift Card, he/she agrees that the laws of Sweden will govern these Gift Card Terms and Conditions. The Operator reserves the right to change these Terms and Conditions from time to time in its discretion. All Terms and Conditions are applicable to the extent permitted by law.

Gift Card redemption
The Gift Card can not be redeemed for cash. BadFishPosters.com Gift Cards may only be redeemed toward the purchase of eligible products on this Website. If a purchase exceeds the redeemer’s Gift Card value, the remaining amount must be paid with another payment method. No Shipping fees apply to Gift Cards.

Gift Card limitations
The Gift Card is valid for 12 months from the date of purchase. Gift Cards expire 12 months from the date of issuance. Gift Cards cannot be used to purchase other Gift Cards.

Gift Card risk of loss
The Operator is not responsible if any Gift Card is lost, stolen, destroyed or used without permission.

Gift Card fraud
The Operator will have the right to close customer accounts and take payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on www.badfishposters.com.

Gift Card limitation of liability
The Operator makes no warranties, express or implied, with respect to Gift Cards. In the event a gift card is non-functional, the Customer’s sole remedy, and the Operator’s sole liability, will be the replacement of such Gift Card.

Pricing and availability
Whilst the Operator tries and ensures that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If the Operator discovers an error in the price of any goods which the Customer has ordered, the Operator will inform the Customer of this as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If the Operator is unable to contact the Customer, the Operator will treat the order as cancelled. If the Customer cancels and he/she has already paid for the goods, the Customer will receive a full refund.

Payment methods and currency
Shopping at www.badfishposters.com is a fast and secure process through PayPal. The Customer  can pay with credit/debit card via PayPal OR he/she can use his/her PayPal account. There is no need for the Customer to register for a PayPal account at checkout to purchase from this Website. The following major credit cards VISA, MasterCard, American Express and Discover are accepted for payment. At checkout, the Customer is transferred to a secure connection using PayPal to handle the transaction. Upon receiving a Customer’s order, a standard authorization check on the Customer’s payment card is made to ensure there are sufficient funds to fulfill the transaction. The Customer’s  card will be debited upon authorization being received. The money received upon the debiting of the Customer’s card shall be treated as a deposit against the value of the goods the Customer wishes to purchase. Once the goods have been dispatched and the Customer has been sent a confirmation email, the money paid as a deposit, shall be used as consideration for the value of goods the Customer has purchased as listed in the confirmation email. Once the Customer has successfully placed an order, he/she will be sent an email from PayPal confirming the receipt of payment and details of the order.

Although the Customer may choose a different currency while visiting the E-commerce shop, the Customer will be charged in Swedish Krona (kr/SEK) at checkout. All other displayed currencies are estimates and for informational purposes only!

Delivery policy
Subject to stock availability with suppliers and receipt of payment, orders will be processed within 1 to 2 working days and handed over to the Swedish Postal Office or any other Parcel Delivery Service for delivery. Unless otherwise specified, delivery costs are stated on the Website on every transaction at checkout. The Operator will deliver via Post Office to the nearest Post Office or via Parcel Delivery Service to the nearest Parcel Collection Service of the Customer. The Operator will supply all goods to the Post Office or the Parcel Delivery Service in good order and will ensure that goods arrive at the Customer’s chosen delivery address in the same good order. However, the Operator does not have control over the different delivery services who will be handling the order along the way. The Customer agrees to not contact the Operator for not received or lost order inquiries until the maximum delivery time of 21 working days of dispatch has passed.

Customs, duties & taxes
When the Customer is ordering from this Website, the recipient of the order is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the EU may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient’s country. Additional charges for customs clearance must be borne by the recipient; the Operator has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; the Customer/the recipient should contact his/her local customs office for more information. When customs clearance procedures are required, it can cause delays beyond the Operator’s original delivery estimates.

Cancellation
To cancel an order that has not yet shipped, the Customer should have the order number available and contact the Customer Service by emailing to help@badfishposters.com. The Operator is unable to process cancellations for items that have already shipped. Cancelled orders on the E-commerce shop will be refunded after deduction of a 10% charge for administration costs. The Operator is unable to add additional items to existing orders or substitute individual items. The Customer will need to cancel the existing order and place a new one.

The Operator reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Operator’s standards. Should the Operator exercise this right, the Customer will receive a full refund with no deductions.

Complaints
Any complaints regarding the standard and the quality of the product or products bought by the Costumer through the E-commerce shop should be directed immediately by email to help@badfishposters.com.

Returns / refund policy
If the Customer is not content with the product, he/she shall inform the Operator within 21 days of dispatch by sending an email to the Customer Service at help@badfishposters.com with the reason for return, contact info and order number. The Customer Service will contact the Customer to determine the proper way to proceed. The Operator requests that the product or the products are well packed in the original cardboard tube(s) (securely closed and sealed with two lids at each end of the tube(s)) and returned in good (as new) condition, enabling the Operator to sell the product or the products as new. The Operator does NOT pay return shipping fees. The Operator does NOT reimburse the outgoing shipping charges. As soon as the goods arrive well packed and undamaged at the address provided by the Customer Service, the Operator will be pleased to give the Customer a full refund of the product price. The Operator reserves the right to charge a 10% administration fee for returned orders, should the returns process incur significant administration expenses.

Lost or damaged goods
In the unlikely event that the ordered product or products is/are lost in transit, the Customer shall contact the Customer Service by email at help@badfishposters.com. In the case of damage in transit, the Customer shall contact the Customer Service by emailing to help@badfishposters.com within 48 hours of receipt. It is imperative in both cases to provide the Customer Service with the Customer’s contact info and order number. In either event will the Customer Service contact the Customer to determine the proper way to proceed and to give support. The Operator will not accept any returns of product or products with self-inflicted damage due to careless handling by the Customer.

Payment methods & currency

Payment methods
The Operator offers secure payment by PayPal, the world’s largest payment gateway through which the Customer can easily pay by credit/debit card OR by using a PayPal account. If the Customer does not have a PayPal account, the following major credit cards VISA, MasterCard, American Express and Discover are accepted for payment. For card payments via PayPal, no registration for a PayPal account is required. During the payment process, all data is encrypted and there is no possibility of misuse of personal data. An order is executed after receiving information from PayPal that the payment has been made (PayPal sends payment notification immediately).

Currency
While being part of the EU, Sweden has retained its own currency, the Swedish Krona. Although the Customer may choose a different currency while visiting the E-commerce shop, the Customer will be charged in Swedish Krona (kr/SEK) at checkout. All other displayed currencies are estimates and for informational purposes only!

Intellectual property & content

Intellectual property and content
The intellectual property rights in all content made available to the Customer on or through this Website remains the property of Monoko and www.badfishposters.com and are protected by Swedish and international copyright laws. All such rights are reserved by Monoko and www.badfishposters.com. The Customer may store, print and display the content supplied solely for his/her own personal use. The Customer is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to the Customer or which appears on this Website nor may the Customer use any such content in connection with any business or commercial enterprise.

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