Terms & Conditions
1. OBJECT
This website (website) is the online store selling products over the internet (the "Store") of the company called "Telemarketing SA", which is based in Nea Ionia, D. Solomou Street, No. 56, TK 142 34, A.M.P. 4/97, tel +30 2102703100, e-mail [email protected], (hereinafter "Company"). In this document are included in a clear, easily read and understood way the Terms of Use of the Store. Furthermore, any contract concluded through the Store is governed by the terms mentioned herein as well as those agreed between the parties in each individual case. Any other conditions are expressly excluded. Without prejudice to the principle of observance of good faith and fair trade practices and, in general, the provisions governing transactions, particularly those concluded by distance (where applicable), any person who enters and uses the services of the shop confirms and accepts the conditions set forth herein, without exception. If someone does not agree with these terms he or she must refrain from the use of the Store and any transaction with it.
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 of the service or errors in the store content. The photographs of goods are indicative.
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.
3. CONTRACT
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 the user will need to repeat the statement of the relevant data.
The registration only requires name, address for receipt of orders, mobile 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 "Order shipped" 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 protected] 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,
The Company assumes no liability and does not cover differences in the prices of products between the time of placing the order and the time of shipping the order. It is clearly stated that the price charged will be that of the time of placing the order.
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 the 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 is 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.
The User has the possibility to select through the Store the item/s they wish to purchase, and receive the goods either via courier or from collection points (boxes). The user will receive an e-mail upon delivery of the order to the courier company and will have a reasonable period of time to receive his order. If the User does not proceed with the full payment and receipt of his order, the order will be canceled, and the Company will bear no liability on this. If a user abuses this option (e.g. repeated orders but refuses receipt of the orders), the Company may reject and refuse future orders.
Under the 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.
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.
Depending on the country of destination there are different payment methods available which the customer is free to choose from during checkout. Each shipment and payment method may be associated with different handling costs which will be displayed during checkout.
The transactions made by 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. For example, if payment was made by cash on delivery the User will receive a bank deposit, if the payment was made by credit card the credit card will be credited, if the payment is made via PayPal, the user account at Paypal will be credited etc.
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 to the courier company, within 7-10 business days (Monday through Friday) for delivery by courier. 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.
7. WARRANTY
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.
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 the same means of payment receipt) - in any case, will not incur any fees for such refund - 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.
9. MISCELLANEOUS
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.