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Terms & Conditions for Online and E-Commerce

Terms & Conditions for Online and E-Commerce
Fogal AG (briefly called “Fogal”, “we” or “us”) website(s) (briefly called “site” or “sites”) and related services for online and electronic commerce are made available to our customers according to the following Terms and Conditions and any other rules posted on our sites (collectively, the “T&C”). Please read the T&C carefully before placing any orders on our websites. We recommend you should keep a copy of the T&C for future reference.

If you are underage, you must let your parent or guardian know about Fogal’s Privacy Policy and our T&C before you register to use this site or any of this site’s services. We reserve the right to only accept orders from those of legal age or above.

We may modify the T&C from time to time. Please read the T&C and check back often. If you do not agree to any change to the T&C, then you must immediately stop using the site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.

Registration
To use some of the services or features made available to you on this site, you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of your registration information change, please adjust them immediately in your online account.

Eligibility to purchase
In order to make purchases through the site, you will be requested to provide your personal details. In particular, customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The site is available only to individuals and others who meet the Fogal terms of eligibility, who have been issued a valid credit card by a bank acceptable to Fogal, whose applications are acceptable to Fogal and who have authorised Fogal to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase.

By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Fogal feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders
All orders are subject to acceptance and availability.

Fogal offers products for sale that are in stock and available for dispatch from our distribution center. Please be aware that we may be unable to deliver selected merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by e-mail and refund the Payment to your credit card within thirty days of being advised that merchandise has become unavailable.

Please note that items in your shopping basket are not reserved and may be purchased by other customers.

Destinations Served
Due to logistical and legal limitations, we do not provide automated and online services for all destinations worldwide. If your destination lies in a country or territory not listed, you may contact our customer service at customer-service@fogal.com We will contact you asap to check for possible shipping alternatives and costs.

The list of all destinations served is available on this website (Customer Service).

Pricing Policy
Prices shown on the site are in the indicated currency. We allocate one lead currency to each receiving country. All payments will be invoiced and – in the case of credit card payments – deducted from your credit card in the shown currency only. Please note, that prices depending on destination may not be including VAT and import taxes and that it may occur, that you are eligible to pay such taxes to local government agencies or service providers. Each country charges different import taxes which will be paid by the customer when receiving the shipment.

All prices and offers remain valid as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honoured.

Product prices are set according to Fogal’s retail price list but may differ from shop prices due to tax regulations or exchange rate fluctuations.

If you are a customer whose credit card is not denominated in the given currency, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.

Acceptance of your Order
Once you have made your choice and your order has been placed, you will receive an e-mail acknowledging the details of your order. This e-mail is NOT an acceptance of your order, just a confirmation that we have received it.

Acceptance of your order and completion of the contract between you and Fogal will be completed when we e-mail you to confirm the goods have been despatched. The sale contract is therefore concluded in Zürich, Switzerland, and the language of the contract is English or German.

We reserve the right not to accept your order in the following events: (1) that we are unable to obtain authorisation for payment; (2) that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn; (3) that you do not meet the eligibility criteria set out within the T&C.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Payment by Credit Card
Payment can be made by Visa, MasterCard and any other methods which may be clearly advertised on the site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by Fogal. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Fogal, we will not be liable for any delay or non-delivery.

We take all reasonable care to make our site secure. All credit card transactions on this site are processed using Postfinance (a subsidiary of Swiss Post), a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Fogal user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure Fogal uses Secure Socket Layer (SSL) technology. Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site.

Delivery, Passing of Risk
Subject to our acceptance of your order and the relevant products being in stock, we shall wherever possible send the products to you promptly after receipt of your order. We aim to dispatch all orders within 48 hour within Switzerland. For deliveries in the EU as well as abroad longer delivery times of up to 14 days may occur. You will receive the products as soon as possible but by no later than after 20 days from the day after the day when you send us your order.
Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We will make reasonable efforts to deliver the products within the time specified, but we do not accept liability for any failure to deliver within that time.
The passing of risk is valid after the items are delivered and the customer implicitly acknowledge the contract between Fogal and the customer as fulfilled. Therfore, the responsibility shifts to the customer.

Returns
You may return products purchased from us within fourteen (14) days in the same condition in which you received them, unopened and all original labels still attached, in their original packaging. Fogal will refund you the purchase price with a gift voucher.

The return shipment and the packaging are at your own cost. The 14 day grace period starts with the date of shipment.

Some of our products (for example Bodystockings, Panties, reduced items) are excluded from the customers right of return.

In the case of returns you have to use the appropriate form on this website (Customer Service).

The products has to be returned to the address:
DSV Logistics AG, Via Passagiata 24, CH-6828 Balerna (Switzerland)

We reserve the right not to accept your returns in the following events: (1) the 14 day grace periode has expired; (2) we receive the return delivery without the return form.
We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse.
Refunds (gift vouchers) will be issued within 14 days after receiving your return delivery at our premises. If we do not receive the products back despite your return announcement, we are free of all obligations of refund.
Please send us an e-mail to customer-service@fogal.com if any of your purchases have been delivered without Fogal tags.
Unidentified returns may be returned to the sender.
Please have the return shipment confirmed and store any necessary receipts/confirmations carefully in the event of any queries.

Faulty Goods
Please check your items for any faults. We reserve the right not to accept your return deliveries in the following events: (1) the 14 day grace periode has expired; (2) the return delivery are sent without the return form. Goods are faulty if they are received damaged. Please note that items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item (instead of obtaining a gift voucher), please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund (gift voucher).

Colours
We have made every effort to display as accurately as possible the colours of our products that appear on our site. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

Refusal to Accept
If you won’t accept properly items sent by Fogal and return them to us, we will charge you for this extra service. The right for sales contract fulfilling remains.

Gift Voucher
You will receive an email with a voucher-code as your personal gift voucher, which can be used during the payment process in the designated input-box for orders on our website. Your invoice will be reduced by the value of the voucher.

Should the value of your gift voucher exceed the value of your order, the difference will remain on your voucher.

Gift vouchers can only be used for shopping activities on this website, they are NOT accepted as means of payment in official FOGAL shops.

We don’t pay interest on vouchers nor do we disburse them in cash.

Fogal won’t assume any liabilities for gift vochers in cases of loss, theft or illegibility which is not caused by us. Furthermore, Fogal is not liable when the email-address of the beneficiary is incorrect.

Gift vouchers are free transferable. The use of gift vouchers for commercial reasons is not allowed. You may not copy, edit, or manipulate gift vouchers.

Intellectual Property Rights
Your use of the sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and any other intellectual property and material rights relating to the Content (as described in the Content section below), including Fogal Software and all HTML and other code contained in this site. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by Fogal and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. Fogal tries to ensure that the information on this site is accurate and complete. Fogal does not promise that Fogal’s Content is accurate, error-free. Furthermore, Fogal does not promise that the functionality of the website or the Content is error-free, or that this site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

No Commercial Use
This site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this site. You may not use this site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own site.

Your Activity
You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C, we may deny you access to this site on a temporary or permanent basis.

Third Party Sites
We may include hyperlinks on this site to other websites or resources operated by parties other than Fogal, including advertisers. Fogal has not reviewed all of the sites linked to its website and is not responsible for the content or accuracy of any off-site pages. Fogal is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources. We do not support damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Limits on our Liability
Fogal expressly accepts no liability for losses or damages of any kind as far as such exclusion is permissible by law. Fogal is not responsible for losses not caused by our breach or negligence, indirect losses (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the T&C where such failure is due to events which beyond our reasonable control.

Compensation
At our request, you agree to compensate us fully, defend us and hold us Fogal harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C by you including the use by any other persons accessing this site using your Internet account caused by your action or inaction.

Our Relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Fogal as a result of the T&C or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Fogal. We shall not be liable for any omission on your part.

No Waiver
If you breach the T&C and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the T&C.

Governing Law
The T&C together with all our policies and procedures will be governed by and construed in accordance the relevant Swiss law and the relevant courts of Switzerland will have exclusive jurisdiction.