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TERMS OF USE - Κόσμημα Καλλέργης

TERMS OF USE

1. OBJECT

This website is the online store for the sale of products (hereinafter and for the needs of the terms of use “Store”) through the internet of the goldsmith, jeweler and businessman Petros Kallergis of Antoniou, with TIN. 064244228, which has its headquarters in Moni of the Municipality of Malevizi, Regional Unit of Heraklion, Crete, by contacting 2810831728, E-mail: kalergispetros@gmail.com.

This text includes the terms of use of the Store with the greatest possible clarity and accuracy. Furthermore, each contract concluded through the Store is governed by the terms mentioned herein as well as those, as the case may be agreed between the parties. Any other terms are expressly excluded. Without prejudice to the principle of good faith and users of transactional ethics as well as, in general, the provisions governing legal acts, in particular those concluded remotely (where applicable), any user who enters and uses the services of the Store is considered to consent and unreservedly accept the terms set forth herein, without exception. If a user does not agree with these terms, he must abstain from using the Store and from any form of transaction with it.

2. RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF THE PARTIES

The Store may contain links or indications regarding other websites owned and operated by third parties. Mr. Kallergis (as the main responsible administrator of the website) as well as any other administrator of the website does not handle or control and therefore does not bear any responsibility for any information, product or service contained in them. Therefore, for any problem that arises during their visit or use, they should directly contact the legal representatives of these websites, who have the relevant responsibility for the provision of their services.

Mr. Kallergis and his associates do not, in any way, state that the information contained in the documents and announcements published on this server is appropriate for any purpose. Any such document and related graphic representation is provided “as is” without any warranty of any kind whatsoever.

The Store is not responsible or liable for any damages (including compensation for non-pecuniary damage) arising from the inability to provide support services.

By using the Store, the user declares that he agrees that the use is at his own risk and acknowledges that, although the administrator makes every effort to provide high quality services, it is not possible to guarantee that there will be no interruptions in use or errors in the content of the store. The photos of the jewelry are mostly indicative. The user can examine the jewelry at the headquarters of the company in Moni, Malevizi.

The user of the Store (which includes any person who uses the Store, with or without rights of use, with or without connection, as well as anyone responsible by law for acts of a third party who uses it, e.g. legal aid or legal guardian of a minor) declares that s/he is legally capable of concluding a contract with the Store through this website, as well as to make use of the Store under the terms and conditions mentioned here. Also, as long as the use of the Store is made after connecting to it with the user’s login details, the user accepts that s/he is personally and financially responsible for any use of the Store, even if the use of the Store is made by others, e.g. persons residing with him/her. The registered user agrees to prohibit any use of the Store to minors, who use his/her account or name.

The user is free to use the Store in accordance with these terms, the law and good manners. The responsibility for the contents of the transactions lies solely with the user. Therefore, we do not exercise any kind of correction or intervention in the data transferred by the user, who must fill in the fields correctly in the online communication forms.

The user agrees and undertakes the responsibility not to use the Store for:

a. posting, publishing or transmitting in any way any content that is or may be deemed for any reason immoral (offends good morals, social values, minority, etc.) or illegal or, in general, offends, harms or damages the Company or any other third party and their legal property.

b. posting, publishing or transmitting in any way any content for which users are not entitled to transmit in accordance with the law or applicable contracts (such as inside information, property and confidential information acquired or disclosed as part of an employment relationship or covered by agreements confidentiality), as well as
any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of, or contains malicious software for the purpose of interrupting, causing damage to, destroying or equipping the operation of any computer software.

c. Any other intentional or unintentional violation of applicable law.

d. Any collection or storage of personal data about other users. Without prejudice to any other rights of the company, any use contrary to the above may result in termination of the services provided without notice. The user agrees that the management, employees, associates and shareholders of the Company are not responsible for any breach of the above obligations by the User.

3. CONTRACT

No registration is required to enter into a contract with the Store (e.g. purchase) (using “username” and “password”). During the purchase process the user will be asked to login (if he is already registered) or to state the details to which the goods will be sent. If the user wishes, he can either declare on password, and thus his data will be stored for future transactions or not declare a password, so for future transactions he will need to repeat the declaration of the relevant data.

All that is required for registration is a name, mailing address, contact telephone and e-mail. This information remains strictly confidential.

Orders are made in writing online by completing and sending the relevant form that exists in the Store. The contract is completed the moment the user receives an update of the order status with the indication “Sent”. Other updates on the status of the order are displayed on the user screen and are sent by e-mail to the contact email address entered by the user.

During the processing of each registered order, the stock availability of the ordered products is confirmed. In case the availability or delivery time differs from the one indicated on the page of the goods, the user will receive relevant information.
Before sending the order, the user, in addition to knowing the terms hereof, takes note of the following information:

a. that the counterparty of the user is the Store, the full details of which are mentioned herewith,
b. the main characteristics of the goods ordered,
c. the total price of the goods, including VAT. and any other charges as well as, where applicable, all additional shipping, delivery or postage charges and any other charges,
d. the arrangements for payment, delivery, execution, the deadline within which the Store undertakes to deliver the goods,
e. that the user may submit any complaint in any way and in particular by phone to the number 2810831728 or by e-mail to kalergispetros@gmail.com and that the Store, 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 the conclusion of the contract, there is no charge to the user by the Store for the use of the website,
g. that the user has the right to withdraw in accordance with the conditions, time limit and procedures for exercising the right set out here below,
h. that the Store is liable for actual defects and lack of agreed properties in accordance with articles 534 et seq. of the Civil Code.

The Store does not bear any responsibility and does not cover differences in the prices for products purchased from our physical store and which the user found later at a lower price on the website or vice versa.

Any product offers are valid until stocks run out and can be changed at any time.

The Store is not responsible for any errors in features, photos and product prices listed on our website and cannot guarantee that there will be no errors for any reason when entering and / or updating the features and / or price of a product. For this reason, in the context of good faith, if the user finds that a good is offered at an unusually low or high price in relation to its market value, before proceeding with his order, s/he must contact us by phone or e-mail at kalergispetros@gmail.com.

The Store provides the possibility of ordering the goods that are available through the website or receiving the goods from our physical store in Moni, Maleviziou. The user has the option to select through the website the goods s/he wishes to buy as well as the option to receive them from our store, paying the purchase price with cash or card, upon receipt of the goods .
This order will be valid from the moment the user receives an informative e-mail about the dates of receipt of the order from the physical store and for as long as it is mentioned in the said e-mail. If the user does not come to the store and pay the price, within the above mentioned deadline, the order will be cancelled, and the Store will not bear any responsibility whatsoever. If the user abuses this feature (e.g. repeated orders without receipt from the store), the Store may refuse the order.

4. PERSONAL DATA

Our Store, in compliance with the principles of personal data protection as provided by International and European law governing matters relating to electronic commerce (Directive 2000/31 / EC, Presidential Decree 131/2003) as well as the Law on Protection of Consumers (Law 2251/1994) which regulates issues related to distance selling, the relevant provisions of the Greek law (Law 2472/1997) on “Protection of the individual from the processing of personal data “, of the law (Law 3471/2006) on” Protection of personal data and privacy in the field of electronic communications “, the P.D. 207/1998, 79/2000, article 8 of Law 2819/2000 and of the European law with the directives 95/46 / EC and 97/66 / EC, undertakes that it will make every effort to safeguard your personal data from any misuse and will never use them in general without your expressed authorization other than, of course, the information necessary for the actual performance of the contract alone.

5. ADDITIONAL INFORMATION

The administrators of this website have taken care that in order to navigate its content it is not necessary to transmit information that is characterized as personal data. However, if you choose to access certain services, you may be asked for the following information:

To create an account – Contact details such as name, email address, telephone, fax, address and zip code.

For purchases, if credit /debit card is selected – Credit card and billing details.

By submitting material to our server, you agree that the material does not contain untrue, illegal, or in any way inappropriate information.
You can always ask us to delete any of your personal information that came into the possession of the Store for the purposes of the contract. This request, however, should only be submitted to us in writing for consideration.

The Store will also inform you about the right to choose, if you wish, for us to send informative messages about our new products and offers to your e-mail .

6. COOKIES

The website may use cookies to identify the visitor / user / subscriber of certain services and pages of the website. Cookies are small text files, which are stored on the hard drive of each visitor / user / subscriber and do not receive knowledge of any document or file from this computer They are used only to facilitate the visitor / user / subscriber access to specific services of the website and for statistical purposes, in order to determine the areas in which the services of the website are useful or popular or for marketing purposes. The visitor / user / subscriber of the website can configure his server (browser) in such a way as to either warn him about the use of cookies in specific services of the website, or not to allow the acceptance of the use of cookies in any way. In case the visitor / user / subscriber of the specific services and pages of the website does not wish the use of cookies for his / her identification, he / she cannot have further access to these services.

Although the Store makes every effort to protect the personal data of its customers, there is always the risk of interception by third parties. In no case and for no reason can we unreservedly guarantee the security of the information you transmit to this website as it is done at your own risk.

7. COPYRIGHT

The Store is the sole and exclusive owner of all copyrights of the content of the website without explicit exceptions.

1. All the content of the website, including images, graphics, photos, drawings, texts, services and products are the intellectual property of the Store or third parties who have granted the right to use this content to our Store and are protected under the relevant provisions of Greek law, European law and international conventions.

2. Any copying, analogue / digital recording and mechanical reproduction, distribution, transfer, downloading, or misleading of the public about the actual content provider of this website is prohibited. Reproduction, republishing, uploading, announcement, dissemination or transmission or any other use of the content in any way or for commercial or other purposes is permitted only with the prior written permission of the Store or any other legal owner of the above copyrights.

9. PRODUCT RETURNS

9.a) Return of non-defective products – The right of unjustified withdrawal by the customer.
The customer reserves the right to return the purchased products, according to the law for consumer protection, unjustifiably, within fourteen (14) calendar days from the date of receipt of the products.

Exceptions to the right of withdrawal:
There is no withdrawal and no return is allowed

1) For special orders
2) Where the products have been modified at the request of the customer
3) In products to which due to their quality they cannot be returned for hygiene reasons (eg earrings)
4) For damages caused during the opening of the product, for which the responsibility lies solely with the customer.

9.b) 1. Returns of products that have a defect or are of poor quality or the wrong product was delivered

In the rare case that due to the fault of the Store the customer receives a proven defective product or a product that lacks an agreed quality or is damaged during transport or a wrong product, s/he must inform us immediately describing the problem and letting us know if s/he wants a replacement, repair or the refund of their money.

In such specific cases the customer may:

1.Either receive the product and return it requesting delivery of the product they ordered, in case of incorrect product shipment or request its correction / replacement in case of defective product or product that is missing an agreed quality.

2.Either refuse to receive the product from the start and request the delivery of the product ordered, in case of incorrect shipment of the product, or its correction / replacement in case of a defective product or a product that lacks an agreed quality.

3.Either exercising their right of withdrawal to return the product and request a refund of the price paid.

9.b).2 Conditions for return of a defective product
In order for the return to be accepted, the allegedly erroneous, defective or lacking agreed-quality product must be unused and in its original excellent condition. The product packaging must not be damaged or soiled, and must also be in excellent condition. The product must be returned in a safe packaging so that it does not wear out during transport. We are not responsible for any loss or damage during transport of the product. Along with the product, the customer must return intact and in excellent condition all the documents, which accompanied the product (original proof of purchase / invoice, warranty, operation manual or any other accompanying material). In case the product is accompanied by a gift, the gift must be returned with the product, also in excellent condition and the forms that may accompany it. The inspection will be performed by the store manager.

9.b) .3 Deadline for return of the defective product

The return of products which are defective or lack the agreed quality upon delivery or which are otherwise or substantially different from those ordered will be accepted within fourteen (14) calendar days from the date of receipt.

In cases of actual defect or lack of agreed quality where the product is covered by a warranty of good operation and is found to have a manufacturing defect by the authorized repairer providing the warranty, the return is allowed according to the warranty, for the period covered by the warranty and stated in the characteristics of the product. After the end of this period the repair or replacement of the product is possible at an additional charge following a new agreement with the customer.

Shipping costs for the return of products to our online store are to be paid by the customer.

In case the return is not made within the time period provided or the return conditions are not met, our Store has the right not to accept the products back and not to proceed with the requested product shipment or refund.

Before each return, the customer must contact our online store by phone.

9.c) Procedure for exercising the right of withdrawal

In order to exercise the right of withdrawal, the customer must inform the Store (tel: 2810831728 fax: 2810831728, email: kalergispetros@gmail.com) of his decision to withdraw with an explicit written statement that will be sent by mail or fax or e-mail before the 14-day deadline expires.

The customer must return the products in safe packaging, so that they are protected during shipment to our address Kosmima Kallergis, Moni Maleviziou Zip Code 71500, Heraklion, Crete without unjustified delay and definitely within 14 calendar days from the day on which he announced, according to the above, to our store his decision to withdraw.

The refund corresponding to the price of the product(s) ordered by the customer, will be completed without undue delay and definitely within fourteen (14) calendar days from the day we were informed of the customer’s decision to withdraw from the contract and according to the same payment method selected upon ordering.

In any case, however, we can refuse the refund until the receipt of the product sent back by the customer.

Delivery costs are non-refundable.

Refunds are not made in cases where there is a return/exchange card.

For further information you can contact us at 2810831728 as well as via e-mail at kalergispetros@gmail.com

10. OTHER TERMS.

The use of the Store and any contract concluded through it is governed by Greek Law, in particular the legislation governing matters relating to e-commerce, distance selling and consumer protection, and falls under the exclusive jurisdiction of the courts of Heraklion, Crete by explicit extension of competence.

According to the new European Directive 11/2013 that was incorporated in the Greek legislation with JM70330 / 2015 and concerns the out-of-court settlement of consumer disputes between consumers and businesses, the consumer has the right to use the Alternative Dispute Resolution Body ODR for online dispute resolution the shop.

In case of cancellation of one or more terms of this text as an object in the Greek legal order, it is clarified that the validity of the remaining terms is maintained.

For issues arising from the contract of sale through the use of this website between the parties (Store and customer) it is stated that it is excluded and prohibited to the customer to assign or transfer his rights or obligations arising from this contract without the explicit consent of the Store. On the contrary, our Store is free to assign the specific obligations or rights to a third party without the consent of the counterparty-customer.

Notifications that may need to be made to the Store should all be in writing (by hand, email, fax or letter).

If a user uses the website outside Greece, it becomes self-evident to comply with the legislation of the country from which this use is made.

The above terms constitute the entire agreement with the Store, which reserves the right to modify or renew or delete all terms herein, without notice. The modification or renewal will take effect as soon as this text is notified of any change.