Terms & Conditions

Our terms in general

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

Privacy policy
The Operator always takes the Customer’s privacy very seriously so that he/she can shop with confidence at www.badfishposters.com. When the Customer places an order, the Operator collects some personal information such as the Customer’s name, address and email address. This personal information is collected, kept in the strictest confidence and is held securely by the Operator. The Operator has obligations in relation to the Customer’s personal information and treats all personal information as confidential, complying completely with data protection and consumer legislation. By providing any personal information to the Operator, the Customer agrees that this information is used for the operation of the Website and the provision of Services and Products to him/her.

The Operator will not disclose the Customer’s personal information to any outside organisation except as part of the operation of the Website and/or as necessary for the provision of the Services and Products to the Customer where a third party may supply him/her with products (in which case the third party supplier will be notified of the Customer’s name, address and telephone number in order to fulfil the order).

The Operator is committed to handling all information supplied by the Customer and Registered Users of the Website with the utmost care and confidence. The Operator uses computer security measures including firewalls, strong passwords and data encryption to keep the Customer’s electronic information stored safely on a highly secure server managed by the Operator’s e-commerce provider. Hard copies of orders are only held long enough to process the Customer’s order, update the Operator’s accounting logs (which contain no personal data) and for the purpose of tax declarations. After which all records are shredded and destroyed. The Operator handles the Customer’s personal information as confidential (although reserves the right to disclose this information in the circumstances described below). All information provided is held securely and protected under strict security measures to prevent unauthorized access. The Operator will not sell or rent the Customer’s personal data to other parties.

The Operator aims to comply with the General Data Protection Regulations (GDPR). The Customer may contact the Operator in case of further questions at: info@badfishposters.com

1. Customer information
By using the Website and signing up for a Customer Account, the Customer agrees for the following information to be collected: Information provided at the time of signing up or using any service including but not limited to:

Name
Address (invoice and delivery)
Contact numbers
Email addresses
VAT numbers
Purchase order number (PO)
Transaction details of orders placed on the Website
Internal site search behaviour
Language
Traffic data and location data.This data is anonymized

If the Customer has decided to subscribe to receive the Website’s newsletter during the ordering/checkout process, then the Customer allows the Operator, on occasion, to email the Customer with relevant special offers/services or details on new products the Operator feels may be of interest to the Customer. These mailings will be relevant to the Operator’s industry and the Customer can, at any time, opt out of receiving these mailings by following the instructions at the bottom of the newsletter email or by emailing newsletter@badfishposters.com and requesting his/her details to be removed. The Operator is entitled to notify the Customer in relation to the balance of any transaction that he/she has commenced but not completed on the Website even if the Customer has ‘opted-out’ of information notices.

2. Legal bases and GDPR
Why the Operator needs the Customer’s information and how it is used

The Operator relies on a number of legal bases to collect, use, and share the Customer’s information, including:

as needed to provide its services, such as when the Operator uses the Customer’s information to fulfil his/her order, to settle disputes, or to provide customer support;
when the Customer has provided his/her affirmative consent, which he/she may revoke at any time, such as by signing up for the Operator’s mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about the Customer’s purchases if required by tax law; and
as necessary for the purpose of the Operator’s legitimate interests, if those legitimate interests are not overridden by the Customer’s rights or interests, such as:

providing and improving the Operator’s services. The Operator uses the Customer’s information to provide the services he/she requested and in the Operator’s legitimate interest to improve its services; and
the third parties with whom the Operator shares personal information;

Information sharing and disclosure
Information about the Operator’s customers is important to its business. The Operator shares the Customer’s personal information for very limited reasons and in limited circumstances, as follows:

Service providers
The Operator engages certain trusted third parties to perform functions and provide services to its shop, such as delivery companies. The Operator will share the Customer’s personal information with these third parties, but only to the extent necessary to perform these services.

Business transfers
If the Operator sells or merges its business, it may disclose the Customer’s information as part of that transaction, only to the extent permitted by law.

Compliance with laws
The Operator may collect, use, retain, and share the Customer’s information if the Operator has a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce the Operator’s agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of its customers, or others.

3. The length of time we keep personal information

Data retention
The Operator retains the Customer’s personal information only for as long as necessary to provide him/her with its services and as described in the Privacy Policy. However, the Operator may also be required to retain this information to comply with its legal and regulatory obligations, to resolve disputes, and to enforce its agreements. The Operator generally keeps the Customer’s data for the following time period: 5 years.

4. If transferring personal information outside of Europe, how the transfer will be handled

Transfers of personal information outside the EU
GDPR requires the Operator to disclose if it transfers personal information outside of the EU and the legal bases it relies on to do so, such as consent and contractual necessity. The Operator may store and process the Customer’s information through third-party hosting services in the US and other jurisdictions. As a result, the Operator may transfer the Customer’s personal information to a jurisdiction with different data protection and government surveillance laws than his/her jurisdiction. If the Operator is deemed to transfer information about the Customer outside of the EU, the Operator relies on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.

5. Customers’ rights regarding the Operator’s use of the Customer’s personal information and the Operator’s contact details

The Customer’s rights
If the Customer resides in certain territories, including the EU, he/she has a number of rights in relation to his/her personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. The Operator describes these rights below:

Access
The Customer may have the right to access and receive a copy of the personal information the Operator helds about him/her by contacting the Operator using the contact information below.

Change, restrict, delete
The Customer may also have rights to change, restrict our use of, or delete his/her personal information. Absent exceptional circumstances (like where the Operator is required to store data for legal reasons) the Operator will generally delete the Customer’s personal information upon request.

Object
The Customer can object to (i) the Operator’s processing of some of his/her information based on the Operator’s legitimate interests and (ii) receiving marketing messages from it after providing his/her express consent to receive them. In such cases, the Operator will delete the Customer’s personal information unless the Operator has compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.

Complain
If the Customer resides in the EU and wishes to raise a concern about the Operator’s use of his/her information (and without prejudice to any other rights the Customer may have), the Customer has the right to do so with his/her local data protection authority.

Payment methods
Order information and payments are taken using an SSL Certificate with a secure 128 bit encryption. (SSL is the standard security technology for creating an encrypted link between a web server and a browser). The Operator offers secure payment by PayPal, the world’s largest payment gateway through which the Customer can easily pay by credit/debit card OR by using a PayPal account. If the Customer does not have a PayPal account, the following major credit cards VISA, MasterCard, American Express and Discover are accepted for payment. For card payments via PayPal, no registration for a PayPal account is required. During the payment process, all data is encrypted and there is no possibility of misuse of personal data. An order is executed after receiving information from PayPal that the payment has been made (PayPal sends payment notification immediately).

Payment
Payment will be taken immediately upon acceptance of the Customer’s order. All financial or credit card data that the Customer supplies will be processed and stored by PayPal. PayPal will be responsible for storing the Customer’s financial details securely and in accordance with PayPal’s own privacy policy. PayPal complies with the Payment Card Issuer (PCI) requirements on data security, and any payment card information and other financial details collected by them will be stored and used in accordance with those security standards.

Please note that the Operator and the Website does not store any of the Customer’s financial details.

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

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

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

The Website uses Google Analytics to collect visitor behaviour data. This data is collected anonymously to be used for marketing and optimisation purposes. All visitor data is saved using an anonymous user ID to aggregate a usage profile. Cookies may be used to collect and save this data, but the data is not personally identifiable. The data will not be used to identify a visitor personally and is not aggregated with any personal data.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Changes to the Operator’s privacy policy
The Operator may change the privacy policy at any time. Continued use of the Website signifies that the Customer agrees to such changes.

Contact information
The Website is operated by Monoko (VAT number SE670322417701), based in Sweden (EU), Pontonjärvägen 10, 961 43 Boden, trading as www.badfishposters.com.

If the Customer has any questions, queries or wishes to request permission to use any part of this website, the Customer may contact the Operator by email at: info@badfishposters.com.

Privacy policy

The Operator always takes the Customer’s privacy very seriously so that he/she can shop with confidence at www.badfishposters.com. When the Customer places an order, the Operator collects some personal information such as the Customer’s name, address and email address. This personal information is collected, kept in the strictest confidence and is held securely by the Operator. The Operator has obligations in relation to the Customer’s personal information and treats all personal information as confidential, complying completely with data protection and consumer legislation. By providing any personal information to the Operator, the Customer agrees that this information is used for the operation of the Website and the provision of Services and Products to him/her.

The Operator will not disclose the Customer’s personal information to any outside organisation except as part of the operation of the Website and/or as necessary for the provision of the Services and Products to the Customer where a third party may supply him/her with products (in which case the third party supplier will be notified of the Customer’s name, address and telephone number in order to fulfil the order).

The Operator is committed to handling all information supplied by the Customer and Registered Users of the Website with the utmost care and confidence. The Operator uses computer security measures including firewalls, strong passwords and data encryption to keep the Customer’s electronic information stored safely on a highly secure server managed by the Operator’s e-commerce provider. Hard copies of orders are only held long enough to process the Customer’s order, update the Operator’s accounting logs (which contain no personal data) and for the purpose of tax declarations. After which all records are shredded and destroyed. The Operator handles the Customer’s personal information as confidential (although reserves the right to disclose this information in the circumstances described below). All information provided is held securely and protected under strict security measures to prevent unauthorized access. The Operator will not sell or rent the Customer’s personal data to other parties.

The Operator aims to comply with the General Data Protection Regulations (GDPR). The Customer may contact the Operator in case of further questions at: info@badfishposters.com

1. Customer information
By using the Website and signing up for a Customer Account, the Customer agrees for the following information to be collected: Information provided at the time of signing up or using any service including but not limited to:

Name
Address (invoice and delivery)
Contact numbers
Email addresses
VAT numbers
Purchase order number (PO)
Transaction details of orders placed on the Website
Internal site search behaviour
Language
Traffic data and location data.This data is anonymized

If the Customer has decided to subscribe to receive the Website’s newsletter during the ordering/checkout process, then the Customer allows the Operator, on occasion, to email the Customer with relevant special offers/services or details on new products the Operator feels may be of interest to the Customer. These mailings will be relevant to the Operator’s industry and the Customer can, at any time, opt out of receiving these mailings by following the instructions at the bottom of the newsletter email or by emailing newsletter@badfishposters.com and requesting his/her details to be removed. The Operator is entitled to notify the Customer in relation to the balance of any transaction that he/she has commenced but not completed on the Website even if the Customer has ‘opted-out’ of information notices.

2. Legal bases and GDPR
Why the Operator needs the Customer’s information and how it is used

The Operator relies on a number of legal bases to collect, use, and share the Customer’s information, including:

as needed to provide its services, such as when the Operator uses the Customer’s information to fulfil his/her order, to settle disputes, or to provide customer support;
when the Customer has provided his/her affirmative consent, which he/she may revoke at any time, such as by signing up for the Operator’s mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about the Customer’s purchases if required by tax law; and
as necessary for the purpose of the Operator’s legitimate interests, if those legitimate interests are not overridden by the Customer’s rights or interests, such as:

providing and improving the Operator’s services. The Operator uses the Customer’s information to provide the services he/she requested and in the Operator’s legitimate interest to improve its services; and
the third parties with whom the Operator shares personal information;