DEFINITIONS

“Direct import goods” means all goods that are available from Frankjason on this website. “Order” means an order for all available direct import goods via the frankjason.com website. “Taxes” means any type of tax (value added tax or sales tax), duties or fees (e.g. stamp, transaction or customs fees, etc.) or also fines or penalties imposed by an authority in connection with an order transaction via the Website frankjason.com, to which these terms and conditions apply.

COMMUNICATION

As a basic condition to be able to create a user account at Frankjason, you agree to receive Administrative emails or Advertising emails from us.
These emails are defined as follows:
a) “Administrative emails” contain details about your user account or your purchase from us.
b) “Advertising emails” contain product information, new offers and general information about Frankjason.
You can unsubscribe from advertising emails at any time by clicking the “Unsubscribe” button at the end of our emails and then following the instructions

YOUR OBLIGATIONS

You hereby agree not to post or transmit to the Site the following material:
1. threatening, defamatory, obscene, indecent, pornographic, libelous, discriminatory, hateful, confidence-breaking, private, or infringing material;

2. material that has not been properly licensed for use on this website;

3. material that infringes copyrights, patents, trademarks, service marks, trade secrets or other rights of any person protected by law;

4. material that constitutes or supports an illegal act – including criminal acts or civil liabilities – or acts that are prohibited in any relevant country in the world;

5. material that would infringe the rights of third parties in any country of the world; or,

6. which has the potential to cause technical damage to the Website or to the equipment of other users of the Website (including viruses, Trojan horses, worms, corrupted data or any other type of malicious data or code).

You agree that you will not attempt to “hack” the Website or any other website that you do not own. This includes, without limitation, attempting to guess user passwords, “phishing”, accessing “hidden” URLs, remotely generating code for the purpose of accessing data or material to which you would not normally have access.
You may not reverse engineer or decompile the Frankjason Shoe Designer except as expressly permitted by applicable law notwithstanding this limitation.
You agree that Frankjason will not owe you or any other third party any royalties or license fees for the use of any material posted on the Site. This includes, but is not limited to, copying, distributing, or incorporating images of footwear created by you in our footwear designer and photographs of footwear or non-commercial purposes.

ACCESS TO FRANKJASON

Frankjason will assign you a password and user account identification that will allow you to access or use certain portions of the Site. Each time you use the password or identification, you will be deemed authorized to access or use the Website, but always in accordance with the GTC. Frankjason has no obligation to verify the authenticity and legality of this authorization each time you access or use the Website. You are responsible for all access or use of the Website, even if a third party logs in with your username and password, and you have not authorized that person to do so, or permitted that person to use the Website. This includes all communications, all transmissions, and all liabilities (including financial) arising from such use. You are solely responsible for safeguarding your password and identifying information that we have assigned to you. You agree to notify Frankjason immediately if you become aware of any unauthorized use of your password, identifying information, or any type of planned or actual breach of security.

PAYMENT

If you decide to purchase a pair of shoes or other products on the Site, you agree to pay the indicated price for them immediately. Please also note that if you initiate a charge back on your credit card, we reserve the right to no longer have a business relationship with you.

RETURNS & REFUNDS

Our returns policy for direct import goods can be viewed here.  (Link to Refunds)

CREDIT CARD ABUSE

Frankjason, through our transaction provider PostFinance and PayPal, applies SSL encryption to data, a technology that protects our customers’ transactions. However, Frankjason is not responsible for any damages incurred in the use of the website and any resulting losses (direct or indirect) incurred by a customer whose credit card has been misused or unauthorized.

PROVISION OF PRODUCTS

Subject to these Terms and Conditions, we will provide you with the Products as specified in your Order Confirmation.
If you are custom designing shoes, the images shown are for illustration purposes only. The actual shoes that are custom made for you may in detail differ from the illustration shown. If the shoes are ordered by you as shown, this is considered legally binding and will not be returned or refunded.
When your ordered items are ready to ship, we will send you an email confirming shipment of each item.

DELIVERY OF YOUR PRODUCTS

The customization of your shoes and the delivery to your home, takes on average about 30 working days, counting from the day we have received full payment for the products.
Frankjason will make every effort to deliver your custom shoes or other products ordered through the website to you within the estimated delivery time. The estimated delivery time is given in business days (Monday to Friday) and does not include public holidays.
Frankjason will endeavour to deliver your order to you within the stated delivery time. Estimated delivery times may vary or change due to supply chain incidents beyond our control. If your custom shoes or any other product has not arrived to you within the estimated delivery time, please contact us.
Unless otherwise confirmed by us, we will deliver your custom shoes or other products to the address you provided on the order confirmation. If no one at your address can accept this shipment, our shipping partner will leave a card at the location so that you can pick up the shoes or other products from a third party address.
We will make reasonable efforts to ship your custom shoes or other products to you within the stated delivery time. To the extent legally possible, Frankjason will not be liable for any delays or inability to deliver within our stated time frame.
Risk and title of direct import goods will pass to you from the time that Frankjason’s nominated logistics provider in the country of export of the goods has taken delivery of the goods from us.

LINKS

Outgoing links from this website have been placed for your convenience.
Frankjason has not checked these websites in detail and therefore cannot vouch for the content on them. You agree that you access these links at your own risk.
You are welcome to link to our website if the link is placed on a suitable and tasteful page. If we review your link and find that it is not appropriate for us or is damaging to our brand (and we are not here to criticize), we reserve the right to prohibit you from linking to our site. You agree that if you do so, you will remove the link from your site.

GENERAL CONDITIONS

You may not transfer any rights or obligations arising under these GTC, in whole or in part, to any third party without Frankjason’s prior written consent. Any unauthorized transfer will be deemed null and void.
If any provision of these GTC is held by any competent authority to be incorrect, invalid or unenforceable in whole or in part, the validity of the other provisions shall not be affected thereby.
Our products come with a warranty that cannot be excluded from consumer law. You are entitled to a replacement or refund for any gross damage or defect, or compensation for any other foreseeable and reasonable damage or loss suffered by you. You are also entitled to have the products repaired if they are defective but the damage to the product is still repairable, or to have the products replaced with new ones if the quality is very poor.
No misconduct on your part or ours can invalidate any part of these terms and conditions. Such misconduct will in no way affect the enforceability of these terms and conditions at a later date.
Frankjason reserves the right to modify these Terms at any time.
No employee or agent of Frankjason has the authority to modify these GTC.

FORCE MAJEURE

Frankjason shall not be liable for any delays in performance under these GTC if such delays are caused by circumstances beyond Frankjason’s control or influence, and Frankjason shall be entitled to a reasonable extension for performance of such services in such cases.

DISCLAIMER AND LIABILITY

Every effort is made by Frankjason to ensure that the information contained in this website is accurate. However, Frankjason makes no warranty as to the accuracy, comprehensibility or correctness of this information and provides all material solely “as is”.
Frankjason, together with our partners, directors, managers, shareholders, employees, agents, contractors or other third parties involved in the operation of the Website (and to the fullest extent permitted by law), disclaim all liability or responsibility for any damage or loss suffered by you or any other third party as a result of the Website or any products sold, including any damage or loss arising from negligence.
For all content sent or uploaded to the Frankjason website, such as logos and graphics, you must ensure that it does not infringe any third-party rights. You explicitly give us the permission to process these contents by making them available, and you explicitly assume the responsibility that you are entitled to send these contents to us. In the event of any infringement, Frankjason shall be held harmless from any damages.

APPLICABLE LAW AND SEVERABILITY CLAUSE

The law governing this agreement is Swiss law. Any dispute arising out of the use of the Site or products purchased through the Site shall be settled in the jurisdiction of the competent courts for the city of Zurich.
If any provision of this agreement is found to be invalid or unenforceable, the validity of the remaining provisions shall not in any way be affected or impaired thereby. In place of the invalid provision, the valid provision shall be agreed which corresponds to the sense and purpose of the invalid provision. In the event of gaps, that provision shall be agreed which corresponds to what would reasonably have been agreed in accordance with the meaning and purpose of this contract had the matter been considered from the outset.

PRIVACY

It is extremely important to us at Frankjason that your information is protected. We promise to do everything in our power to make sure that you can shop with us with complete confidence.
This document describes how we collect, use and protect personal information. If you have any questions about privacy, please do not hesitate to contact us.

HOW WE COLLECT PERSONAL INFORMATION

We are committed to collecting personal information only to operate our business as a high-quality retailer of custom footwear.
Personal information we collect includes:
– Your full name and contact details (such as phone number and email address);
– The name, address and contact details of the person accepting delivery of the products;
– Your payment information details;
– shoe sizes or measurements; and
– any personal information you submit to us when filling out an online form on our website www.frankjason.com (“Website”), or send to us via email.

USE OF YOUR PERSONAL INFORMATION

Any personal information collected by us is collected and disclosed for one purpose only, and that is to provide you with products and services that you have requested from us or to operate our business.
We will not disclose information about you or third parties unrelated to our business under any circumstances unless such disclosure is required or authorized by law, or you have expressly consented to such disclosure.
If you have signed up to receive promotional materials from us, we may send such materials to you periodically. However, you may opt out of receiving the material at any time.

We may also periodically send questionnaires or communications from our company to all members. You will receive these communications alongside our newsletter, but you may also unsubscribe from this at any time by simply following the instructions.

ADVERTISING BY THIRD PARTIES

Third party vendors, including Google, display our advertisements on websites.
Third party vendors, including Google, use cookies to serve ads to you on websites based on your previous visits to our website.

ACCESSING AND EDITING YOUR PERSONAL INFORMATION

Your personal information is accessible and editable by logging into your Frankjason user account. You can log in and edit your information there at any time.

SECURING AND STORING YOUR PERSONAL INFORMATION

We always strive to keep the information you provide to us confidential and we have taken appropriate precautions to protect your personal information from unauthorized access or alteration.
Your personal information is stored by us electronically and as hard copy. We take all necessary steps to protect your data (electronic and hard copy) from unauthorized access or alteration.

MORE INFORMATION

If you would like to learn more about how we handle your personal information, please contact us under info@frankjason.com

CHANGES IN DATA PROTECTION COMPLIANCE

From time to time, we may need to revise our privacy policy. We will be happy to inform you of these changes by posting an updated version on our website.

MAILING LIST TERMS AND CONDITIONS

As a condition of joining our mailing list, you agree that we may send you promotional emails. The “promotional emails” referred to in this document will include product information, new offers and information about Frankjason. You may unsubscribe from these promotional emails at any time by simply clicking on the “unsubscribe” button at the bottom of the email.
Please note that (in the event that they are applicable) our GTC also apply to all members of our mailing list.
If you do not agree with any part of this Privacy Policy or the GTC, we must ask you to leave this website immediately.