Legal
Welcome to the website of WWW.FEDSHI.STORE (hereinafter, for brevity, the “Site”).
We therefore kindly ask you to carefully read this privacy policy (hereinafter referred to as the “Privacy Policy”), which applies to each access to the Site, even independently of the purchase of products marketed therein.
We would like to remind you that this Privacy Policy is governed by the European Regulation No. 2016/679 (hereinafter, for brevity, the “Regulation”). The Regulation ensures that the processing of personal data is carried out in accordance with the fundamental rights and freedoms and the dignity of data subjects, with particular reference to confidentiality and personal identity.
1. Data Controller and contact details
fedshi, with registered office in The head office is located at house No.55 / 90, Moo.5 Bophut Sub-District, Koh Samui District, Surat Thani Province. is the autonomous data controller of the processing of personal data of users who browse the Site, including browsing data, marketing and profiling data, as well as data connected and related to sales made through the Site and to the related pre- and post-sales support clientservice.
You may always contact the Data Controller to receive information on the processing and/or to exercise your rights, by writing to the e-mail address clientservice.fedshi@gmail.com.
2. Type, purpose and legal basis of processing
Through the Site, different types of personal data are processed and collected for different purposes and in different ways. Specifically:
a) personal data relating to browsing, processed both to enable the proper functioning of the Site and for marketing purposes. More detailed information is available in the cookie policy on the Site;
b) personal data provided voluntarily by the user (such as, for example, personal details, e-mail address, telephone number, password provided by filling in the registration form), or otherwise lawfully acquired during interaction on the Site with the user or through interaction with customer care in order to respond to user requests and offer the services, assistance and information requested regarding fedshi products;
c) personal data provided as part of the process of purchasing products on the Site for the conclusion of e-commerce transactions and for activities functional and instrumental to the sale, as well as for any necessary pre- and post-sales assistance;
d) personal and contact data, processed by fedshi – with your express consent – for marketing purposes, i.e. to send you (through traditional and telematic means such as newsletters, e-mails, sms, mms and smart messages) communications and updates on products, sales, promotional campaigns, events and other initiatives promoted by fedshi;
e) personal data relating to purchases and any preferences expressed by the user, processed by fedshi – subject to express consent – for the purpose of studying consumption habits and choices, in order to make products, initiatives and commercial proposals more responsive to the tastes and needs of its customers;
f) personal and contact data communicated by fedshi – against express consent – to the companies directly and/or indirectly so that they, acting as autonomous data controllers, can directly propose and present to the user the products and services they offer.
With the exception of browsing data, which are governed by the cookie policy, data processing is based on:
i) the legitimate interest of fedshi in providing the services of the Site, of the user itself to properly browse the Site and/or the legitimate interest of fedshi in responding to any requests from users;
ii) the fulfilment of the contract and the obligation to fulfil pre- and post-sale obligations as well as the fulfilment of specific legal obligations arising from the contract, with regard to the purposes set out under c);iii) any consent provided by the user for the purposes set out in points d) e) and f), (marketing, profiling and sending data to third parties for their own purposes).
3. Source of personal data
The personal data collected are provided directly by the user (through registration on the Site or as part of the sales process), with the exception of the browsing data referred to in point 2 a).
4. Study of users’ consumption habits and choices
As indicated in point 2 e) above, with your express consent, fedshi may process your personal data for the purpose of studying your consumption habits and choices, in order to make its products and initiatives more responsive to your tastes and needs.
With the help of automated tools, fedshi may process data on the date, value and frequency of purchases as well as the type of products purchased over a specified period of time. Data relating to consumption and preferences may be collected not only by tracking purchases made both on the Site and in fedshi physical shops, but also through the user’s iteration with fedshi and any information that the user voluntarily provides.
In any case, the sole objective of this study is to propose products, services and initiatives to customers in line with their tastes and needs, and it will be carried out in a non-invasive manner. You may at any time request clarification of the logic applied to this processing and modification of the results obtained by contacting fedshi at the contact details given.
As indicated in point 2 a) above and with the express consent of the user, fedshi may also process the user’s personal data, using automated tools, to study cookies in order to verify browsing on the Site and to propose products and services in line with browsing activity.
5. How fedshi processes personal data
Personal data collected through the Site are processed using mainly computerised and telematic methods and tools, adopting the necessary security measures to minimise the risks of destruction or loss, even accidental, of the data themselves, of unauthorised access or processing that is not permitted or does not comply with the purposes of collection as indicated in this Privacy Policy.
However, such measures, due to the nature of the online transmission medium, cannot absolutely limit or exclude any risk of unauthorised access or dispersion of data. To this end, it is advisable to periodically check that the computer is equipped with appropriate software devices for the protection of network data transmission, both incoming and outgoing (such as up-to-date antivirus systems) and that the Internet service provider has taken appropriate measures for the security of network data transmission (such as, for example, firewalls and spam filters).
6. Compulsory or optional nature of providing personal data
With the exception of browsing data (the provision and collection of which is regulated by the cookie policy), the provision to fedshi of the data collected through the Site both to respond to users’ queries and requests and for marketing purposes, to study consumer habits. is free and optional. Failure to provide data does not restrict your use of the Site, but may make it impossible for fedshi to respond to your requests for information or assistance or to send you updates and communications about products, sales, promotional campaigns, events and other initiatives promoted by fedshi.
The provision of personal data, in particular personal data, e-mail address, postal address, telephone number and bank details (in the case of payment by credit card) requested in the purchase form, is necessary for the signing of the contract for the purchase of products through the Site. Failure to provide such data may therefore make it impossible to conclude the purchase via the Site.
In addition, the provision of certain personal data may be necessary for the provision of other services on the Site and related to the sale or to comply with obligations arising from laws or regulations (e.g. anti-money laundering legislation).
Therefore, failure to provide such data may constitute, as the case may be, a legitimate and justified reason for not performing the purchase contract or the provision of related services.
Where necessary, the compulsory or optional nature of the communication of data will be indicated from time to time, by appending an appropriate character (*) to the information required for the provision of services and the purchase of products on the Site. Failure to provide personal data indicated as optional will not result in any restriction or disadvantage to the user.
7. Categories of personal data recipients
Personal data may be known and processed by:
– providers of technical, technological, mailing, logistics and transport services and providers of services instrumental to sales;
– providers of services related to marketing and analysis activities (list management and optimisation services, management, support and hosting services, analysis and communication delivery services),
– employees and consultants, who shall act as data processors appointed by fedshi or as persons authorised to process data by the Data Controller and instructed accordingly;
– third parties such as banks, public authorities, payment service management companies, which will operate as autonomous data controllers.
The data will not be disclosed in any way and may be transferred abroad, including to non-European countries, in view of the transnational nature of the Group. In any case, any data transfer shall always take place with adequate protection and safeguards for the protection of such data, through the use of technically secure tools and channels and through the execution of Standard Contractual Clauses, in accordance with applicable legislation.
Please note that you can always contact fedshi, as data controller, to find out the exact location of your data and to request a copy.
8. Data storage period
Personal data collected for sales purposes are retained for a period not exceeding 10 years after purchase, in accordance with tax and civil law, unless specific legal defence needs require retention for a longer period.
Personal data provided by the user when requesting assistance and information are retained for the time strictly necessary to process the request in full.
Personal data provided for marketing and profiling purposes are retained for the period necessary due to the specific processing and up to a maximum of 7 years, in line with the relevant industry.
9. Rights granted to the user
You always have the right to obtain confirmation from fedshi as to whether or not personal data concerning you exist, even if they have not yet been recorded, and their communication in intelligible form. You also have the right to obtain information on the source of your personal data, the purposes and methods of processing, the logic applied in the event of processing carried out with the aid of electronic tools, the identification details of the data controller and data processors, the names of the persons or categories of persons to whom personal data may be communicated or who may become aware of them in their capacity, for example, as data processors or persons authorised to process personal data. The user also has the right to request the updating, rectification or, when interested, integration of personal data, the erasure, transformation into anonymous form or blocking of personal data processed in violation of the law, including those that do not need to be retained for the purposes for which the data were collected or subsequently processed, as well as certification that the above operations have been brought to the attention of those to whom the data have been communicated, except where this proves impossible or involves a manifestly disproportionate effort compared to the right protected. The user also has the right to data portability.
The user has, however, the right to object in whole or in part, on legitimate grounds, to the processing of personal data concerning him or her, even if pertinent to the purpose of collection, to the processing of personal data concerning him or her for the purpose of sending advertising or direct marketing material or for carrying out market research or commercial communication, and he or she also has the right to request the restriction of the processing of data concerning him or her. The right to object may also be exercised specifically with regard to one or more of the methods of sending marketing communications.
The rights listed above may be exercised by contacting the Data Controller, writing to clientservice.fedshi@gmail.com
TERMS OF USE OF THE SITE
Website Terms of Use
Date: September 2023
Welcome to www.fedshi.com (the “Website”).
The Website is owned and operated by FEDSHI, a company incorporated under the laws of Thailand with a registered capital of THB 5,000,000, registered in The head office is located at No. 55/90, Mu.5, Bophut Sub-District, Koh Samui District, Surat Thani Province.
PLEASE READ THE FOLLOWING WEBSITE TERMS AND CONDITIONS OF USE (“TOU”) CAREFULLY BEFORE USING THE WEBSITE.
These Terms of Use apply to your access and use of the Website and the services available through the Website (the “Services”).
When you first access the Website and use the Services, you will be asked to agree to these Terms of Use. If you do not agree to be bound by these Terms of Use, you must stop using the Website or Services.
We reserve the right to change or update all or part of these Terms of Use from time to time at our discretion. We will always post the most current version of these Terms of Use on the Website and display a “last updated” date to reflect the date of changes. Please review these Terms of Use from time to time to take notice of any changes we made, as they are binding on you.
Please note that the first time you visit the Website after downloading changes to the Terms of Use, you will be asked to agree to the updated Terms of Use. If you do not agree to the revised Terms of Use, please discontinue use of the Website.
1. Access to the Site, Registration and Subscription to Services.
1.1. You are responsible for making all arrangements necessary to access the Website. You may create an account or subscribe on the Website to our Services, which will be available from time to time, using an email address and password (“Account Data”). You are responsible for maintaining the confidentiality and security of your account information and assume sole risk for all activities that occur under it (including the actions of persons who access our website using your account information). You agree to notify us if you know or suspect any unauthorized use of your account information. Any information and details provided by you to us must be accurate, truthful and up to date in all respects and at all times.
1.2. The Services are generally not intended for persons under the age of majority in your country or for adults under guardianship. If you are under this age, please do not use the Website or register or subscribe to the Services. If we learn that you are under this age (or have fraudulently misrepresented your age during the registration or subscription process), we will promptly cancel your registration or subscription, if any, and stop providing the Services to you. We advise parents or guardians of minors or guardians of custodial adults using the Website that it is important for them to advise such minors or custodial adults, as applicable, about their online safety and the potential risks to them.
2. Privacy and Cookie Policy
2.1 Our Privacy Policy governs the use and processing of personal data that we collect or provide to you through the Website. Please read our Privacy Policy carefully before uploading or providing any personal information to the Site.
2.2 The Website uses cookies to track browsing preferences. If you have allowed cookies to be used, please see our Cookie Policy to learn about the type of personal data that may be processed by us.
3. Use of the Website
3.1 You agree that in using the Website, you will not:
a. provide false or otherwise misleading information or impersonate another person;
b. use anyone else’s account without the permission of the account holder;
c. use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or renders the Website less efficient;
d. circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website;
e.obtain or attempt to obtain any information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information);
f. breach any applicable law;
g. use the Website for any unlawful purpose or in a way which infringes the rights of any third parties;
h. upload, post or otherwise transmit via the Website any content that:
(i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise inappropriate;
(ii) constitutes unauthorized disclosure of personal data or confidential information;
(iii) infringes the intellectual property rights of any party;
(iv) contains viruses or other form of malware.
3.2 We reserve the right to cancel your registration or subscription, and/or block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services at any time, without notice and without liability to you, if your use of the Website is in breach of any of your obligations under these ToU, or any other provisions of these ToU, without prejudice to any other remedies available to us under applicable law and under these ToU.
4. Electronic Services
Certain parts of the Services may need to be provided through electronic communication channels (e.g. e-mail, SMS, phone). You agree that we may contact you for Services – related issues – by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.
5. Intellectual Property Rights
5.1 Our Website and all of the information and materials included on it including the design, layout, look, appearance, graphics, organization of the contents of the Website, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks – whether they are registered or not, figurative or not – all other marks, service marks, brand names, trade or business names, domain names and URLs, software (“ Content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.
5.2 You are permitted to download and print Content from the Website for your personal use but are not allowed to use such Content for any commercial or business purposes. You must not copy or reproduce (except where the copy or reproduction is made for personal non-commercial use), publish, disclose, distribute, provide to the public, republish, communicate, display, remove, delete, add to, the Website Content or create derivative works of any of the Website Content for any purpose, unless authorized to do so in writing by us or our licensors.
5.3 Any use which is not expressly permitted by these ToU is prohibited. Unauthorized use of the Website or the Content contained on it may violate applicable intellectual property laws or other laws.
6. Submitted Materials
6.1. We appreciate hearing from you. You acknowledge and agree that any suggestion, proposal, creative ideas, concepts, photos, text or any other contents and materials (with the exception of personal information) uploaded or sent to us through this Website or otherwise (“ Submitted Materials”) will be considered non confidential and non-proprietary.
You retain all of your ownership rights in the Submitted Materials, but by uploading Submitted Materials, unless otherwise explicitly stated by you, you hereby grant us a worldwide, irrevocable, free of charge, non-exclusive license to use, operate, store, copy, reproduce, modify, publish, distribute and make it available to third parties any such Submitted Materials, or any part thereof, in any form and media now known or which shall become known in the future for any purpose, including advertising, promotional or products development or other commercial purposes, and for the duration of protection of such Submitted Materials.
6.2. Whenever you upload content or Submitted Materials to our Website, or make contact with other users of our Website, you must comply with the “Use of the Website” provisions set out above in Section 3.1.
6.3. You are fully responsible for the content or accuracy of any Submitted Material or any postings you make.
6.4. We reserve the right to reject or delete any Submitted Materials or remove any postings you make on the Website, for any or no reasons, including if such Submitted Materials or postings, in our judgment, violate these ToU and in particular do not comply with the “Use of the Website” provisions set out above in Section 3.1.
7. Links
Links to Third Party Sites
7.1 The Website may include links to third-parties’ websites (“ Linked Sites”). We have no control over such Linked Sites and will not be responsible or liable for the availability of the Linked Sites or for their content.
7.2 These links are provided solely for your convenience to provide further information and the inclusion of such links does not constitute, and should not be interpreted as, in any way, an endorsement by us of such Linked Sites or their contents, products or services, their privacy and security practices or the manner in which they conduct their operations. If you choose to access Linked Sites, you do this at your own risk. Your use of Linked Sites is subject to the terms and conditions of the third parties operating and providing them. Any question or comment related to these Linked Sites must be addressed to the relevant operators.
Links to our Website
7.3 You are not permitted to frame the Website or its Content on any other website, or to link to our Website, any page of it and/or to the Content, without our prior written consent.
8. Exclusion of Warranties
8.1 This Website, its Content and Services are provided free of charge on an “as-is” and “as available” basis. Although we make all reasonable efforts to ensure that the Website is accessible at all times (except during maintenance) and secure we exclude, all warranties or guarantees in connection with this Website, its Content or Services, to the extent permitted by law. By way of example, we do not guarantee that the Website will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), or that it is suitable for any particular purposes, and expressly declines any such warranties.
8.2 We work to ensure that the information made available through the Website is accurate and up to date. However, we cannot guarantee the accuracy of such information (including the Content) or that such information is free from errors or omissions and we make no warranty, and shall have no liability, in respect of the same. We reserve the right to update and/or correct the information, Content or the Website at any time without notice and without any liability.
9. Limitation of Liability
9.1 We accept liability to you for direct losses and damages caused by our breach of our obligations under these ToU. Subject to Section 9.3 below, our aggregate liability under these ToU shall in no event exceed the price of the product purchased by you on the Website.
9.2 To the maximum extent permitted by law, you also undertake that you will not claim any possible compensation from us, our licensors, service providers, distributors, managers or directors in any form, including but not limited to:
(a) losses and damages not caused by our breach;
(b) indirect losses and damages;
(c) losses or damages arising out or resulting from the use of the Website, the Services, the Content, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, error, omission, virus or Website failure;
(d) losses or damages which you may incur, including without limitation as a result of:
(i) your failure to safeguard your Account Details,
(ii) any reliance placed by you on the accuracy and completeness of the Website, the Content or the Submitted Material, or
(iii) any changes we may make to the Website, the Services and the Content, or
(iv) any temporary interruption or permanent cessation in the provision of the Services and Content;
(e) failure to meet any of our obligations under these ToU where such failure is due to a force majeure event or an event outside of our reasonable control.
9.3 Nothing in these ToU limits or excludes our liability for (i) death and personal injury caused by our negligence; (ii) for fraud, fraudulent misrepresentation and gross negligence or (iii) for any other liability which cannot be limited or excluded by applicable law.
9.4 As the Services are provided free of charge, you are responsible for evaluating the information and content obtained through the Website. By using the Website, you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data, and costs associated with all necessary services and maintenance of hardware and/or software.
10. Disclaimer
To the extent permitted by applicable law, you agree to compensate us, our subsidiaries and affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by your breach of these ToU using this Website and its Services, and/or your breach of these ToU, and/or any breach or your representation and warranties under these ToU, including reasonable attorney’s fees and/or any liability to third parties caused by Submitted Materials during Services’ transmission.
11. Governing Law and Jurisdiction
11.1 These ToU and any matter relating to your access to, or use of, the Website shall be governed by and will be interpreted in accordance with the laws of thailand, except as otherwise provided by the mandatory local law of your place of residence.
11.2 You and we agree to submit any dispute arising out of, or relating to, these ToU including the validity, interpretation, breach or termination thereof, to the jurisdiction of the relevant courts.
12. Contact us
You can contact us in one of the following ways:
– By email at clientservice.fedshi@gmail.com.
GENERAL TERMS AND CONDITIONS OF SALE
General Terms and Conditions of Sale
Date: Aug2021
GENERAL PROVISIONS
1.1. These general terms and conditions of sale (“General Terms”) describe the terms on which FEDSHI company incorporated under the laws of Thailand, with a share capital of 5.000.000 bath, with registered office at The head office is located at house No.55 / 90, Moo.5 Bophut Sub-District, Koh Samui District, Surat Thani Province.
1.2. These General Terms will apply to any contract for the sale of Products by FEDSHI to you through the Website (“Contract”).
1.3. The sale of Products under these General Terms is only available to consumers, meaning natural persons who act for purposes of personal consumption (i.e. for purposes extraneous to their trade, business, craft and profession and not for profit), who have reached the age of majority and have full legal capacity to enter into a Contract, in their country.
1.4. You will be asked to agree to these General Terms and to the Terms of Use of the Website (“ToU”) before placing an order. We therefore advise you to read these documents carefully, and in particular these General Terms, before proceeding with any purchase, and save or print a copy for future reference. If you do not agree to these General Terms, the ToU, and our Privacy Policy, you will not be able to order any Products from the Website.
1.5. We reserve the right to amend or update all or part of these General Terms from time to time, without notice. Any amendments or updates we make to these General Terms will apply to any future orders you place with us when ordering Products. We will always post the most current version of these General Terms on the Website and display the ”Last Updated” date to reflect the date of the changes.
2. PRODUCTS INFORMATION AND AVAILABILITY
2.1. Information on our Products (along with the corresponding Product codes) and relevant prices are available on the Website.
2.3. Pictures of the Products displayed on the Website are for illustrative purposes only. Although we have made every effort to display the Products accurately, we cannot guarantee that a device’s display of our Products accurately reflects them. In particular, the colors, fabric, shade, grain, texture of the Products shown on your screen may vary from those on the actual Product. Therefore, you should rely exclusively on the description of the Products and their characteristics as mentioned on the Website.
2.4. We reserve the right, in our sole discretion, to limit the quantities and/or types of any Products available on the Website per person, household or per order.
2.5. We may change or discontinue a Product or any of its features, as described on the Website, at any time without notice (this does not affect orders already placed at the time of the change). During the purchasing process, we will inform you if your order cannot be processed due to the unavailability of the ordered Products.
2.6. In the event your connection to the Website fails, your selection of Products may be lost. In such case you will be required to re-enter your selection. Please note that Products in your shopping cart are not reserved and may be purchased by other customers. In no event we shall be liable to you for the unavailability of a Product following a failure or loss of your connection to the Website.
3. PRICES
3.1. Prices of Products are indicated on the Website in American Dollars and are inclusive or not of all applicable taxes and charges depending on the delivery country. Prices do not include delivery charges, which, if any, shall be added to the price of the Products and will be communicated to you during the checkout process before you confirm your order.
For delivery of the Products to customers located to EU countries, VAT will be charged as per applicable law at the time of the sale.
The amount displayed on the Website is not including local tax and customs duties.
You are fully responsible and liable to pay all applicable import tax and customs duties as importer of record to the relevant authorities as determined by the authorities of the delivery destination country, and we shall have no responsibility or liability in connection with the foregoing..
3.2. We make all reasonable efforts to ensure that all prices for the Products displayed on the Website are correct. Occasionally, however, an error may occur, and Products may be mispriced (incorrect price or typographical error in the price shown). In this case we will, at our discretion, (i) cancel the order or terminate the Contract (depending on when the error is detected) and notify you of such cancellation or termination, or (ii) contact you and ask you whether you wish to purchase the Product at the correct price.
3.3. We reserve the right to change the Products prices at any time and without notice, but such changes will not apply to Products for which you have received an Order Acceptance.
4. FORMATION OF THE CONTRACT – PLACING AN ORDER
4.1. The information about the Products and their prices that is displayed on the Website does not represent an offer by us.
4.2. To purchase Products on the Website, you must follow the instructions provided by the online purchase process: (i) include the selected Products (subject to the restrictions set forth in Section 2.4) in the shopping cart, (ii) fill in the order form with your personal information (name, address, email, telephone, shipping/billing address), (iii) select your payment method, (iv) accept these General Terms, (v) accept the ToU and (vi) place your order through the Website (following the relevant instructions on screen).
4.3. Before submitting your order, you will be given the opportunity to review your selection, check the total price and correct any errors.
4.4. Your order constitutes an offer to purchase from us the selected Products, under these General Terms. By placing an order, you agree to pay the price of the ordered Products.
4.5. All orders submitted by you are subject to our acceptance. Once you place your order, we will acknowledge it by email (“ Order Confirmation”). This Order Confirmation does not, however, mean that your order has been accepted. We may choose not to accept your order, in whole or in part, without liability to you. Examples of non-acceptance of your orders are as follows:
1)The Products are not available; or
2) We are unable to obtain authorization for your payment; or
3) There is an error in the price displayed; or
4) Reported or suspected, fraudulent, illegal or unauthorized activities, including suspected purchases for commercial purposes; or
5) The delivery address provided by you is not a valid address; or
6) You have not fulfilled your obligations deriving from a prior contract entered into with us.
4.6. The Contract between us and you will only be formed when you receive from us an email notification confirming shipment of your order (” Order Acceptance”). The Order Acceptance (or rejection) shall be sent to the email address provided by you in the order. The details of your accepted orders are available under “My Account – My Order” section of the Website.
4.7. In case of unavailability of one or more ordered Products, we will contact you and inform you of such unavailability. The order will be partially cancelled and you shall pay only the price of the available Product(s).
4.8. The Order Confirmation/Acceptance will include notably the order number, basic information on the purchased Products, confirmation of the price and the shipping address.
4.9. Once you receive the Order Acceptance you can no longer cancel or modify your order unless otherwise provided in these General Terms. Dispatched Products can however be returned as set out in Article 8 below.
5. PAYMENT
5.1. You must pay the price of the Products (including applicable VAT, sales taxes or other taxes), the cost of any additional services you order (e.g.
additional costs for personalized Products), if applicable, and the associated delivery charges, if any.
5.2. We accept payments made in American Dollar.
5.3. We will not debit the amount of your order until:
(i) we have confirmed availability of the Products;
(ii) we have sent you the Order Acceptance;
(iii) we have received authorization to debit your card from the card issuer or your PayPal account, if applicable;
(iv) your debit/credit card data or your Paypal account, if applicable, has been verified.
5.4. If your payment cannot be processed for any reason, we will cancel your order and our Contract with you will end immediately, without liability to you. We will inform you of this in writing.
5.5. You are responsible for the relevant charges or fees, if any, applied by your card issuer, bank or other payment institution as a result of our processing of your payment.
5.6. For each order, we will issue an electronic invoice for the purchased Products, and you agree to such form of invoicing. The e-invoice will be established based upon the information provided by you at the time of submitting the order. No alterations to the e-invoice are possible once the e-invoice has been issued.
6. DELIVERY, DELIVERY AND COLLECTION.
6.1. Purchased products will be delivered exclusively to the country you specified when placing your order.
6.2. Products purchased must be delivered via a courier service selected by us (“Courier”). Products must be delivered to the address you provided on the order form. We are not responsible for any delivery problems resulting from incomplete or incorrect address information provided by you. Please note that we do not deliver to post office boxes, forwarder addresses or hotels.
6.3. Items purchased will only be shipped after we receive your payment in full. If for any reason we do not receive your payment in full, we may delay or refuse to ship the Products without any liability to you.
6.4. We will take all reasonable steps to deliver the Products purchased or make them available for collection at your chosen store within the billing periods notified to you during the checkout process before you confirm your order, except in cases of force majeure, events beyond beyond reason. possibilities. control or the occurrence of any unforeseen circumstances. If delivery has not occurred within thirty (30) days of acceptance of the order, you have the right to specify a delivery date and if this cannot be met, you may cancel the Contract and we will refund you all amounts paid under the terms of the Contract at within fourteen (14) days from the date of termination of the Contract.
6.5. When delivering the Goods by Courier, you (or the person you designate) are obliged to:
(i) check that the number of packages delivered corresponds to the quantity indicated on the delivery note;
(ii) ensure that the packages and their seals are intact, undamaged, not wet or tampered with in any way;
(iii) sign the invoice; AND
(iv) upon request by the Courier, present your identification.
Any damage to packaging and/or Goods or discrepancies in the quantity of packaging or documentation must be reported immediately in writing on the Courier’s delivery note. To the extent permitted by applicable law, once you have signed the Courier’s delivery note, you may no longer make any claims for damage to packages or discrepancies in package quantities.
6.6. You can track your status on the company’s website page
6.7. If you choose to pick up Products from a Selected Store, you will have a limited period of time, notified via email, to receive them. To collect Products from the store, you will be required to present your order confirmation and proof of identification. If you (or the person you nominate to collect the Products) fail to collect the Products within this period, we will have the right to end the Contract and refund you the price for the Products.
7. RISK AND RIGHTS
7.1.
Risk of loss, damage or destruction of the Products passes to you when you (or your designee other than the carrier) takes physical possession of the Products at your designated delivery address.
7.2. Title to the Products passes to you on the day the Products are delivered to your delivery address.
8. RIGHT OF WITHDRAWAL/CANCELLATION AND RETURNS
8.1. You have the right to withdraw from/cancel the Contract if you change your mind or for any other reason within thirty (30) days from the date on which you (or the person designated by you) take physical possession of the Products or, in case of multiple packages delivered for the same order, the last package delivered.
8.2. The right of withdrawal does not apply to orders for personalized Products and for any other Product that you were informed at the time of submitting your order that it could not be returned (in accordance with applicable law) (“Non-returnable Products”).
8.3. To exercise your right of withdrawal, you must inform us of your decision to exercise your right of withdrawal /to cancel the Contract within the period of time mentioned in Section 8.1:
(i) by sending us by email :
– the Model Withdrawal/Cancellation Form set out at the end of these General Terms, duly filled in and signed by you,
or
– a letter including the following information: (i) indication of the Products for which you wish to exercise your right of withdrawal/right to cancel; and (ii) the order number,
to address email: clientservice.fedshi@gmail.com.
8.4. You must return the purchased Products within fourteen (14) days from the date you notified us of your decision to exercise your right of withdrawal/right to cancel, in accordance with Section 8.3) above, in accordance with the instructions set out in our Return .
8.5. The Products shall be returned in their original condition, unaltered, unused, undamaged, in their original packaging and with original tags and labels attached along with all accessories and related documents (e.g., instructions booklet, Product certificates, etc.) if any, and undamaged box, if applicable.
8.6. If a returned Product does not meet the conditions for its return, as listed in Section 8.5 above, we will send back such Product to you to the address you indicated in the return form, or if such address is not valid, to the address communicated by you when you placed the order. This return will occur within fourteen (14) days from the date we informed you of the rejection of the returned Products, unless a force majeure event, an event beyond our reasonable control or any unforeseeable circumstance occurs.
8.7. We will refund you all amounts paid by you, including the delivery charges, if any, (except that, with respect to the delivery charges, the maximum refund, if any, will be the costs of delivery by the least expensive delivery method we offer), within fourteen (14) days from the date we received back from you the Products, or you have provided evidence that you have returned them, whichever is the earliest. We will refund you using the same payment method that you used when you placed your initial order. If you paid cash on delivery of the Products ordered, if available, cash refunds are not available, and your refund will only be released by wire transfer to the account communicated by you.
9. EXCHANGE OF PRODUCTS
9.1. Without prejudice to your statutory rights according to Articles 8 and 10, and with the exception of Non-returnable Products, we accept exchanges of Products purchased on the Website within thirty (30) days after the date of delivery, pursuant to the procedure set out in our Returns Policy . We only allow exchange on the same Product (same price/same color) in a different size. If you would like to receive a different Product or the same Product in a different color instead, please return your Product for a refund. Then place a new order online for the Product you would like.
9.2. All exchanges are subject to availability of the new Product requested. Products may be exchanged only once.
9.3.
We reserve the right to reject the returned Products and decline exchange if any returned Product for exchange does not meet the conditions set out in Section 8.5.
9.4. Any fees or charges, or other costs whatsoever, incurred as a result of your exercising your right of exchange in accordance with this Article 9, shall be borne by you unless the Products are faulty or defective.
10. LACK OF CONFORMITY – MANUFACTURING DEFECTS
10.1. If you find that a Product sold by us on the Website has defects, is not as described or is incomplete, please contact immediately our Client Services by sending an email to clientservice.fedshi@gmail.com
10.2. Damage, alteration or modification to the Products caused by you is not a manufacturing defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not manufacturing defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not manufacturing defects.
10.3. Damage, alteration or modification to the Products caused by you is not a defect or a lack of conformity. For example, without limitations, any damage caused by extensive use or wear; improper use (such as direct exposure to the sun light or heat, contact with liquid, rain or food); normal tear and wear; non-observance of applicable care and/or cleaning instructions, are not defects or a lack of conformity. Likewise, variations in the texture, natural markings or irregularities of natural Products (such as leather or fabric) are inherent to the Product and not defects.
10.4. In the event your request the repair, replacement or return of a Product due to defect or due to the Product not being as described or being incomplete pursuant to this Article 10, we will bear the delivery costs for returning the Products to be repaired, replaced or returned, as well as any costs to deliver back to you the repaired or replaced Products.
11. LIABILITY
11.1. Nothing in these General Terms seeks to exclude or limit our liability for:
– personal injury or death resulting from our negligence;
– fraud or fraudulent misrepresentation;
– breach of any obligations implied by applicable consumer protection laws; or
– any other cause of action which cannot be limited or excluded under applicable law.
11.2. Subject to the above, our aggregate liability which shall be limited solely to direct damages, caused by our breach, that you suffer in respect of all claims and causes of action, arising under or in connection with these General Terms and each Contract, shall in no event exceed the price of the Product(s) purchased by you on the Website under that Contract. We are not liable for damage or loss that either you or we could not reasonably have foreseen at the time you accepted these General Terms. We shall not be liable to you for any indirect damages.
11.3. We are not responsible for any delay or failure to perform any of our obligations under these General Terms if the delay or failure is caused by a force majeure event or arises from any cause which is beyond our reasonable control.
12. GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
12.1. We guarantee the authenticity of all Products purchased on our Website.
12.2. FEDSHI trademarks, whether figurative or not, service marks, all other marks, brand names, logos used on the Products, the accompanying accessories and/or the packaging, whether registered or not, together with all photographs, illustrations, images relating to the Products, trade or business names, domain names and URLs are and remain the exclusive property of FEDSHI.STORE, and are protected by applicable copyright, trademark, or other intellectual property laws around the world.
13. PROMOTIONS AND SPECIAL OFFERS
13.1.
We may offer you promotions and special offers from time to time. The terms of such promotions and special offers will be specified on the Website (e.g. start and end date of the promotions and offers; minimum order value, if any). Promotions and offers cannot be used in conjunction with any other promotion or offer. To receive the discount or offer applied, you must place your order within the specified date range. The promotional or special offer code must be entered at the time of checkout.
13.2. We reserve the right to (i) end such promotion or special offer early and reject the promotional code prior to you placing your order, and to (ii) refuse to allow you to participate in the promotion or special offer if we have good reason to do so (for example, if we think you are acting fraudulently).
14. APPLICABLE LAW AND JURISDICTION
14.1. These General Terms and, therefore, the Contracts entered into with you, shall be governed by and will be interpreted in accordance with the laws of Thailand.
14.2. Any disputes arising out of, or relating to, these General Terms and the Contracts shall be submitted to the jurisdiction of the competent courts.
15. CONTACT US
For further information and assistance with the Website, you may contact us in one of the following manners:
– By sending us an email at clientservice.fedshi@gmail.com.
16. NOTICES
Any notice to be given under these General Terms or the Contracts will be in writing. We will contact you by email, telephone, SMS or provide you with information by posting notices on our Website.
Model Withdrawal/Cancellation Form
(complete and return this form only if You wish to withdraw from the Contract)
To FEDSHI.STORE
– clientservice.en.apac@balenciaga.com
I/We(1) hereby give notice that I/We(1) withdraw from my/our(1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(1) Delete as appropriate
FEDSHI (“We”, “us”, “ our”) accepts returns or exchanges of FEDSHI products (“Products”) eligible to return (as defined in FEDSHI General Terms and Conditions of Sales) within 30 calendar days of receipt of the Products.
The right of withdrawal does not apply to orders for personalized Products and for any other Product that you was informed at the time of submitting your order that it could not be returned (in accordance with applicable law) (“Non-returnable Products”).
We only allow exchanges on the same Product (same price) in a different size/color. If you would like to receive a different Product or the same Product in a different color instead, please return your Product for a refund. Then place a new order online for the Product you would like.
Products shall be returned in their original condition, unaltered, unused and undamaged, in their original package, if any, and with original tags and labels attached along with all related accessories, documents (e.g. instructions booklet, Product certificates) and protective covers included.
Returns or exchanges of incomplete, altered, worn, damaged, soiled Products will not be accepted and will be returned to you.
The above does not affect your legal rights in relation to Products that have manufacturing defects or are not as described.
To return a Product, you must inform us of your intention to return or exchange a Product. To this effect you may:
– send an email to clientservice.fedshi@gmail.com.
You will receive an email confirming your return or exchange request. Please follow the instructions below to return the product(s) to our warehouse:
– Wrap the Products you wish to return or exchange safely to avoid damage; Place them in their original package, if any, and then inside the shipping box in which you received your order;
– Visit the carrier’s website to arrange pickup. Alternatively, you can deliver the box to the nearest delivery company collection point.
Please note that Products must be returned within 14 calendar days from your request for return or exchange.
Upon receipt of a Product for which a return or exchange was requested, we will inspect the Product to ensure that the return / exchange conditions specified above in Article 1 are met. Subject to the Product meeting those conditions, an exchange or refund will be made.
Refunds will be made to the original purchaser, in the original method of payment and in the same currency as purchase