2. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
The store may contain links or pointers to other websites owned and operated by third parties. The Company does not operate or control and therefore has no responsibility for any information, products or services contained therein. Therefore, for any problem arising during the visit or use of the above mentioned websites should be addressed directly to the legal representatives of such websites who bear the responsibility for the provision of their services.
The Company does not indicate in any way that the information contained in documents and public notices in this server are suitable for any purpose. All such documents and related graphics are provided "as is" without any guarantee of any kind.
The Company does not accept responsibility or liability for any damages (including punitive damages) resulting from failure to provide support services.
Using the Store, the user declares that they agree that the use is at their own risk and acknowledges that, although the Company makes every effort to provide high quality services, it is not possible to guarantee that there will be no interruptions in the use or errors in the store content. The photographs of goods are indicative. The user can examine the goods in the physical stores of the Company, although availability may vary from store to store, while items with the indication WEB ONLY are not sold through stores. The special offers marked with WEB ONLY OFFER are not available in stores.
The user of the Store (meaning every person who uses the Store, with or without rights of use, online or offline, and anyone legally liable for the acts of another person who uses, eg the judicial supporter or legal wardship) declares that they are legally able to contract with the Company through the Store, as well as make use of the Store under the terms and conditions listed here. Also, in the case that the use of the Store is performed through a connection via username and password of the User, the User agrees to be personally and financially responsible for all use of the Store, even if the use of the Store is performed by others, eg persons living with him. The registered user agrees to prohibit any use of the Store to minors who use their account or name.
The user is free to make use of the Store in accordance with these terms, the law and morality. The responsibility for the content of the transactions rests solely upon the user. The Company does not exercise any kind of correction or intervention to the data carried by the user, who is obliged to fill in fields of on-line contact forms accurately.
The User agrees and undertakes the obligation not to use the Shop for:
a) sending, posting or transmitting in any manner any content that is or may be considered unethical for any reason (offends morality, social values, underage people etc.) or illegal or generally offends, injures or damages the Company or any third party and the legal rights of these,
b) sending, posting or transmitting in any manner any content that users do not have a right to transmit under law or valid contracts (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or covered by confidentiality agreements), as well as any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties or contains malicious software to interrupt, damage, destroy or equipment in any software or computer hardware,
c) any other intentional or unintentional violation of applicable law,
d) any collection or personal data about other users.
Without disregarding any other right of the Company, any use contrary to the foregoing may result in discontinuation of the service without notice. The User agrees that the management, employees, partners and shareholders of the Company are not responsible for any breach of these obligations by the User.
In order to place an order through the Store it is not necessary to register in Store (using a "username" and "password"). During the checkout process the user will be asked to login (if already registered) or to state the data at which the goods will be sent. If the user wishes, a username and a password can be declared, and thus, the data will be stored for future transactions, otherwise in future transactions they will need to repeat again the statement of the relevant data.
The registration only requires name, address for sending mail, phone number and e-mail. This information is kept completely confidential.
Orders are sent via the Internet by completing and sending the relevant form that exists in the Store. The contract is completed by the time the user receives an order update status marked "Invoiced partially" or "Fully invoiced" or "Ready for Pickup". The other updates of the order status are shown on the screen of the user through the Order Tracking page. During the processing of each order filed, stock availability of the products ordered is confirmed. If the availability or delivery time vary from that shown in the product page the user will receive notification.
Before placing an order the User has acknowledged the above Terms and Conditions in addition to taking note of the following:
a) the counterparty of the User is the Company, full details of which are mentioned in the beginning of the present document,
b) the main characteristics of the goods ordered,
c) the total cost of the goods ordered, including VAT and any other fee and, where applicable, all additional freight, delivery or postal charges and any other expenditure,
d) the arrangements for payment, delivery, performance, the time limit within which the Company undertakes to deliver the goods,
e) that the user may place a complaint in any preferable way and in particular at the telephone number +30 210 2703100 or the e-mail address email@example.com and that the Company, after examining the complaint will contact the user as soon as possible,
f) that given the use of the internet as a means of distance communication for concluding the contract, there is no charge to the user by the Company for the use of the Store,
g) that the user has the right of withdrawal in accordance with the conditions, limits and procedures for exercising the right referred to below,
h) that the Company is liable for actual faults and lack of guaranteed qualities in accordance with Articles 534 of the Civil Code and the Company further provides commercial warranty and support user after the sale, in accordance with the conditions mentioned below,
i) that the Company complies strictly with the Code of Conduct "Greek Business Association of Distance Selling and E-Commerce" (EPAM)-a copy of which you can get online at http://www.enepam.gr/ - in which the user may also apply to any complaint or request redress.
The Company assumes no liability and does not cover differences in the prices of products purchased from the Company's physical store and those found by the User in the Store or vice versa.
Any product offers are valid while stocks last.
The Company is not responsible for any errors in features, photos and prices of products appearing on store and cannot guarantee that there will be no errors from any cause during the introduction and / or updating of attributes and / or the price of a product. For this reason, in the context of good faith if the User finds that an item offered at an unusually low or high price compared to its market value before proceeding with the order, they must contact the Company by e-mail at firstname.lastname@example.org.
The Company provides the possibility of ordering goods that are available through the Store or receipt of goods from specific physical stores of the Company in Greece marked Pick-Up Point in the link with the network of physical stores http://www.telemarketing.gr/en/information/stores/. The User has the possibility to select through the Store the item/s they wish to purchase, as well as the pickup store, paying the purchase price by cash or card upon receipt of goods at the physical store selected. This order will be effective from the time that the user will receive an informative e-mail on the dates of receipt of the order through the physical store and up until the date stated in that e-mail. If the User does not appear in the physical shop, during the above mentioned period, the order will be canceled, and the Company will bear no liability on this. If a User abuses this option (eg repeated orders without receipt from the store), the Company may repel and refuse a future order.
Under the new European Directive 11/2013 incorporated in Greek law by KYA70330/2015, concerning the extrajudicial resolution of disputes between consumers and businesses, the consumer is entitled to use the Online Dispute Resolution center of the European Commission, for dispute resolutions in online transactions with the Store. For the ODR click here.
4. INTELLECTUAL PROPERTY
In the Store is included copyrighted material owned by the Company, which is protected by law. All store content material is the intellectual property of the Company (or third parties) and protected by Greek and international law. Any copying, reproduction or retransmission of material without written permission of the Company is forbidden. The appearance of this material in store in no way implies a transfer or license or right to use them.
5. PRICING – PAYMENT
The User receives proof of billing through an invoice upon receiving the goods.
For shipments within Greece, the user can choose among the following payment methods: cash on delivery, credit card or PayPal. In case of selection of cash on delivery, the user must pay the total amount at the post office or the courier employee that will deliver the parcel. In case the User selects payment by credit card the User’s credit card account will be debited.
The transactions made by credit card through the Store will appear on the user's credit card statements marked as «TELEMARKETING SA». If case an individual believes there has been a fraudulent use of their credit card by a third party, this charge may be canceled upon request to the Bank that issued the credit card, which must investigate the complaint. For this reason each injured third party is required immediately after becoming aware of such an occurrence to inform the issuing bank to cancel this and to exclude use by unauthorized persons.
Regardless of the payment method chosen, the order is refunded, if the user decides to return the product, in a manner matching the payment method. If payment was made by cash on delivery the User will receive a check, if the payment was made by credit card the credit card will be credited, and when the payment is made via PayPal, the user account at Paypal will be credited.
Shipping products abroad is only available through courier and payment must be placed by credit card or PayPal.
6. DELIVERY - TRANSFER OF OWNERSHIP AND RISK
The goods will be dispatched by the Company to the delivery address indicated by the User in the order form. Shipping costs depend on the total weight of the order, shipping and delivery method of choice and country destination.
The exact shipping cost automatically appears in the shopping cart and there is a choice of alternative delivery and payment methods.
The Company will make every effort to deliver the products within Greece, within 1-3 business days (Monday through Friday) for delivery by courier and within 8-10 days for delivery by post. Deliveries abroad are handled by courier companies and the time required varies depending on the country of destination. The maximum delivery time in any case may not exceed 30 days.
The Company is not responsible for delays in performance (including delivery) due to circumstances not controlled by the Company or due to force majeure and therefore the Company is entitled to an extension of time for execution. Force Majeure includes any event outside the sphere of control of the Company and which could not be foreseen and prevented and results in failure of the Company to perform, in whole or in part any obligation under the contract. If this lasts for more than a month, the contract may be terminated by either party without compensation.
In case of delay in delivery beyond the time agreed, the user must request the Company to deliver within a time span appropriate to the circumstances and only if the goods are not delivered within this additional period, the user is entitled to terminate the contract. The above does not apply when the delivery within the agreed time is important, taking into account all the circumstances attending the conclusion of the contract, or if the user has informed the Company, before the conclusion of the contract, that delivery by a certain date is requested. In these cases, if the Company fails to deliver the goods at the time agreed, the consumer is entitled to terminate the contract immediately. Upon termination of the contract, the Company must return without undue delay, all funds paid under the contract.
The ownership of property is transferred after full payment of the purchase price. The risk of loss or damage to the goods passes on to the user when they or a third party indicated by them and other than the carrier, has acquired the physical possession of the goods. However, the risk passes to the user upon delivery to the carrier, if the user has requested the goods to be transferred by a carrier of their choice and not the carrier service offered by the Company.
In case of liability of the Company for actual defect or lack of guaranteed qualities of the goods, the user may, choose one of the following a) require, without charge, its correction or replacement of the product with another, unless such action is impossible or requires disproportionate costs, b) request a price reduction or c) to withdraw from the contract, unless it is a trivial real defect. In order for something to be considered a guaranteed quality, it must be agreed on in writing. If the buyer chooses to correct or replace the product, the Company must make a correction or replacement within a reasonable time. These user rights lapse after two years for movable property.
The Company provides a commercial warranty and free repairs at its home owned service, which varies depending on the commodity, from 1 month to two years from the acquisition of physical possession of the goods. The warranty offered on any product is shown on the product page. After the expiration of the warranty period repair services are offered at reasonable rates for the lifetime of the product. The Company provides no guarantee or warranty protection for the suitability of a product sold for any particular purpose.
The commercial warranty covers the free repair of the goods (labor and parts) for normal use. It does not cover damage from improper handling, force majeure and generally harmful external factors. The user shall bear the cost of transportation to and from the repair shop. In case the repair personnel are required to visit the site of the user, this is subject to an extra charge. The warranty does not apply in case of repairs performed by an unauthorized technician.
8. CANCELLATION RIGHT, RIGHT OF WITHDRAWAL AND REPLACEMENT RIGHT
The user may, using any means of communication, cancel an order given by any means, so this will not be process, provided that it has not already been executed (orders with a “Pending” or “In progress” status).
The user may, within 14 calendar days of the delivery of goods to the user (or delivery to the carrier chosen by the user if different from that offered by the Company), to withdraw from the contract between the Company (ie, cancel the purchase of an order). The Company will return all funds received by the User (by crediting the account of the debit / credit card or via PayPal, as long as these has been used for the transaction, otherwise by check which will be sent by post) - in any case, will not incur any fees for such refund -including, where appropriate, the costs of delivery (excluding additional costs arising from the user's choice to use a delivery method more costly than that offered by the Company) without undue delay and in any event within 14 calendar days of the date on which the Company will be informed of the user’s withdrawal (via email, phone or card refund). The user must, in this case, return with a medium of his choice at his own expense, the goods to the Company without undue delay and in any event within 14 calendar days from the day the above notification has been sent. The user is only responsible for any loss of value of property resulting from the handling which was not necessary to determine the nature, characteristics and functioning of the goods. In other words, the goods must be in such a condition that allows them to be resold. Returned goods should be in excellent condition, in their original packaging (box, nylon, foam, which should not have cracks or damage / lesions) and with all the original package contents (printed leaflet features and guarantees, cable connections, software installation etc). The Company may withhold reimbursement until it receives the goods or until the user provides the Company with evidence of having sent back the goods, whichever occurs first. The user may return the goods in person by visiting any physical store. Goods which have been sold with an additional gift should be returned along with the extra gift, otherwise the value of the gift will be deducted from the refunded amount. Goods not suitable for return for reasons of hygiene (eg cosmetics), cannot be returned without their original seal, as well as audiovisual and software material (CD, DVD etc) without their original seal. Otherwise, the existing provisions of Law 2251/1994 on cancellation are in effect.
Alternatively, if the user does not wish to terminate the contract, they are entitled within the same aforementioned withdrawal period (14 days of delivery, etc.), to replace any goods ordered with a different item in the same condition as above, without, in this case, being charged (the user) with new shipping costs.
The rights of cancellation, withdrawal or replacement should not be confused with the case of defective goods, as they are covered by their respective warranties.
The use of the Store and placement of orders is governed by the Greek law, especially laws that regulate issues related to electronic commerce, distance selling and consumer protection, and subject to the exclusive jurisdiction of the courts of Athens, in express prorogation.
Any provision of the above terms which shall be deemed to be against law ceases automatically to be valid and is extracted from this present, without in any way affecting the validity of the rest of the terms. If any part of a contract concluded through the Store is found void or unenforceable by a court, the remainder of the agreement shall continue in effect.
The Company may enter into an agreement for the assignment of duties to an appropriate third party. Otherwise, neither party will be entitled to assign or transfer its rights or obligations.
All notices must be in writing (by hand, by email, fax or letter by mail).
In case of use of the Store from a country other than Greece, the user is obliged to comply with the laws and legislations of this country as well.
These conditions constitute the entire agreement with the Company, which reserves the right to modify or update or delete all of the terms hereof, without prior notice. The modification or renewal shall be effective from the time this text is informed of any change.