Terms and conditions
OUR ARGEEMENT
These terms and conditions (the "Terms") are the terms which apply when you access the website https://www.fragstore.com (the "Website") or place orders to purchase any of the products made available to you on the Website. Any reference to "we"/"us"/"our" in these Terms is a reference to FS HOLDING LTD (trading as Fragstore) and any reference to "you"/"your" means you, the user of the Website. By accessing this Website or when you place orders to purchase any of the products on the Website you agree to be bound by these Terms. We recommend that you keep a copy of these Terms for future reference. These Terms are only available in the English language.
CHANGES OF TERMS
We reserve the right to change or modify these Terms including for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Website at any time. If you have any questions, concerns, or comments about our Terms please email us at [email protected]. These terms and conditions were last updated in March 2022.
INFORMATION ABOUT US
We are FS HOLDING LTD (trading as Fragstore) a company registered at KIBC office 102, Profiti Ilias 4, 4046, Limassol, Cyprus.
THE ORDERING PROCESS AND ORDER CONFIRMATION
Once you have placed an order for goods and delivery you will receive a confirmation that your order has been received (see below). Please note that this does not constitute acceptance by us. The contract for the purchase of the product is formed when we send you an email despatch confirmation.
You may select items from our range of products, details of which will be added to the "Shopping Bag" by clicking on the "Add to Bag" button. By clicking on the "Checkout/Continue" button in the Shopping Bag, you submit an offer to buy the goods in the Shopping Bag. As soon as this offer is accepted by us via an Acceptance Email (as described below) your order forms a binding contract of sale for products between you and us.
You will automatically be sent an email confirming receipt of your order (the "Confirmation Email") with a summary of the details of your order. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received your order. Please check that all details in the Confirmation Email are correct. If not, or if you do not receive a Confirmation Email please contact us immediately at [email protected].
We will send a second email when we despatch your goods which shall constitute our acceptance of your order (the "Acceptance Email") at which point a binding contract of sale for products will be concluded between you and us.
We reserve the right to cancel the contract between us if:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area;
one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
If we do cancel your order, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.
For your rights to cancel the order please refer below to the section “Returns. Cancelation right” of these Terms and Conditions.
REGISTERING FOR A PERSONAL ACCOUNT
To make it easier for you to order products and arrange delivery, we offer you the opportunity to register for a personal account. If you take advantage of this opportunity any personal data that you provide us with during the registration process will be stored in our database and need not be entered with each new order; it will be entered into the order form automatically.
To register, you must supply us via the online registration form with the following information: your name, referral details, password, billing address and, where applicable, a different delivery address. Once you click on the "Continue" button this information will be stored in our customer database. You can access, update or correct your personal account details via the "My Account" button. We will only use the stored data in accordance with our Privacy Policy which can be accessed here.
You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses suffered by you where your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately by email to [email protected] if you become aware or suspect any unauthorised use of your password or username.
YOUR USE OF THE WEBSITE
By accepting the Terms, you confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times.
You agree that in using the Website you will not:
use the Website in any way that causes, or is likely to cause the site or access to the site to be interrupted, damaged, or impaired in any way;
use the Website for any purpose that could damage the name of FS HOLDING LTD or Fragstore or any goodwill attached to the Website;
use the Website for criminal, fraudulent or illegal activity or in any manner which would cause harm or distress to any third party;
access or attempt to access the accounts of other users or attempt to penetrate the Website security measures;
use the Website for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe that you have breached any of these restrictions or if we suspect fraudulent account activity or behaviour. This shall not limit our right to take any other action against you that we consider appropriate.
PRODUCT INFORMATION
Fragstore takes great care when putting information online with respect to the essential characteristics of our products, notably with respect to the technical descriptions emanating from our partners and suppliers and the photographs illustrating the products. However, Fragstore does not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
SALES PRICES
The prices indicated on www.fragstore.com are in Euros and include Czech Republic VAT with a current rate of 21%, or based on the country of destination’s VAT which may vary, as well as other taxes if applicable, but do not include delivery charges. The actual delivery costs will be shown in order during checkout and invoiced in addition to the price of the products. Orders delivered outside of the European Union or the European Economic Area may be additionally subject to customs duties and charges in the country of import. These duties and charges are the customer's responsibility.
Fragstore reserves the right to modify the prices at our discretion for any products before you place and complete your order. Special prices and various discounts (like Super Price, Combo Discounts, SALE) may be applicable from time to time for deliveries. The information about such programs is available on www. fragstore.com instantly.
All prices on this website and any discounts are applicable only to online purchases made through this website.
DELIVERY CHARGES
We accept orders for worldwide delivery. Delivery charges will be indicated separately in your order and vary by country of destination, the value of the order and the weight of the shipment. All delivery times are estimations only and indicated in days.
The goods will be delivered to the address you give us for delivery at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order. If we are unable to despatch the product within that time we will email to let you know and to give you an estimated delivery date. In these circumstances, you have the right to cancel the order and receive a full refund.
Please note that orders delivered outside of the European Union or the European Economic Area may be subject to customs duties and charges in the country of import. These duties and charges are your responsibility.
TRACKING YOUR ORDER
Fragstore offers a complete track and trace service. The tracking number and the name of the courier’s company are provided in an email with shipment information from fragstore.com. You can track the order on the websites of the courier companies such as GLS, TNT, DHL, DPD, UPS and other local or international posts.
For more details about delivery and courier rates please check the Delivery page
PAYMENT METHODS
We offer the following methods of payment:
Payment authorization of credit/debit cards. All major credit/debit cards such as MasterCard, Visa, AmericanExpress or any other are accepted;
Online payments through the applications such as ApplePay and Google Pay;
Payment with Paypal. For more details on the availability of the service in your country please refer to www.paypal.com
Bank transfer applied only for B2B, wholesale and corporate orders, based on the agreement between the customer’s requisites and FS Holding LTD.
You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. Fraudulent use of credit cards will be reported to the relevant authorities. If the issuer of your card refuses to authorise payment, we will not accept your order and neither we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
RETURNS
Our customers could cancel their orders and return the goods at any time within 14 calendar days after the goods were delivered. Notification could be sent by email to [email protected]. A phone call is not enough for cancellation.
If you cancel the order, you will be under an obligation to return the received goods and pay for the cost of doing so. Any payments and postage charges for returning the goods are not refundable.
During cancellation, you have to take reasonable care of the product. The goods shall be unused, original package, instructions, warranty ticket where applicable, bonus card and other packaging arrangements have to be undamaged and returned with the product.
Once you have notified us that you are cancelling your order and returning the goods, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event, within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. Please note that if you fail to take reasonable care of returned products, or fail to return the product to us, we will be entitled to make a claim against you for any losses which we suffer.
If you have returned an order to us because you no longer wanted it or have changed your mind, then we will not be able to refund your postage costs. We will refund postage costs to return an item where the return is required due to our error. For instance, if we sent you the wrong item if the item is damaged or faulty.
We will refund you by the same payment method used to make the original order (e.g. if you have paid by PayPal, we will reimburse your PayPal account). If you have not received your refund after this time, please contact our Customer Care Team and we will be happy to assist you. The refund may be partially or fully refunded to the voucher/cretificate/promocode only if the customer will agree.
GOODS DAMAGED DURING DELIVERY
If your item arrives damaged, you are required to contact us immediately with details of the damage. You must retain the envelope and any packaging for a claim to be made to the courier for damaging your item in transit. Without all packaging material, you will not be entitled to a damaged goods exchange. Damaged goods must be reported within 14 days from the date of delivery.
MIXED GOODS
If you have been sent the wrong item, please contact us as soon as possible to arrange for the unit to be exchanged prior to your returning the item. We will also refund in money, credit note, or in goods (at our discretion) the cost of shipping. Mixed goods must be reported within 14 days from the date of delivery.
LIABILITY
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing of the problem within the time limits specified above.
If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
Save as precluded by law, Fragstore will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
You have certain rights under the law. These include that any products supplied by us will be of satisfactory quality and fit for their intended purpose. Nothing in these Terms is intended to affect these statutory rights.
If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the purchase price of your order. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this agreement.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the internet. We provide no guarantee for the constant and uninterrupted availability of the Website.
EVENTS BEYOND OUR CONTROL
Fragstore shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the e-Shop may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
GOVERNING LAW
These terms and conditions and all transactions relating to this website and all non-contractual obligations arising from any transaction carried out on this website are governed by Cyprus law and are subject to the non-exclusive jurisdiction of the Cyprus courts.
ENTIRE AGREEMENT
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. These terms and conditions only cover this website. Any other websites to which you link from this site are governed by their own terms and conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control.
COPYRITING AND OTHER INTELLECTUAL RIGHTS
Your use of the Website grants no rights to you in relation to copyright, design rights, trademarks or other of our intellectual property rights (or the intellectual property rights of third parties).
We provide the Website to you solely for your personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.
