INTRODUCTION
The website emilieexclusive.gr functions as an online store that sells products (hereinafter “online store” or “website”), created and operated by the limited company under the name AFOI MARTATOU EE, with TIN 800746715 and IRA of Argostoli, located in VATHY 0, Postal Code: 28300, ITHAKI, e-mail contact info@emilieexclusive.gr. The following terms and conditions will apply to the use of the Emilie brand online store located at emilieexclusive.gr. Every user who visits and transacts or uses the services of the online store (hereinafter “visitor” or “user” or “customer”, depending on whether it involves placing an order for products and services, making a purchase, or just visiting the store) is considered to consent and unconditionally accepts the below terms set forth herein, without any exception. If a user does not agree with these terms, then he must refrain from visiting, using the website as well as from any transaction or use of the services of the online store. However, any action taken by the user in the online store, such as browsing it, subscribing to the Company’s newsletter, or purchasing products, is considered acceptance of these Terms of Use.
1. GENERAL TERMS
The Company reserves the right to freely modify or revise the terms and conditions of use and transactions from the online store, whenever it deems it necessary, and undertakes the obligation to inform consumers of any change, through the online store page. Any modifications will be effective from the date they are posted on this website. It is clarified that any change to these Terms of Use does not include orders that the customer has already placed in our online store, prior to the start into force of the amendments in accordance with the above. The use of emilieexclusive.gr after the above-mentioned amendment is considered acceptance of the Terms of Use, as amended. Contracts through the online store are in the Greek language.
2. INFORMATION & PRODUCTS PROVIDED
The Company is committed to the accuracy, truth and completeness of the information listed in the online store, regarding the identity of the Company as well as the transactions provided through the online store. The Company, in the context of good faith, is not responsible and is not bound by electronic data entries made due to error/mistake in common experience and is entitled to correct them whenever it becomes aware of their existence. The above guarantees are subject to any technical or typographical errors, which cannot be foreseen or have occurred unintentionally or due to interruptions in the operation of this website or due to force majeure.
LIMITATIONS
The Company in the context of its transactions from the online store is not responsible and has no obligation to compensate for any possible damage or loss resulting from the cancellation of orders, from the non-execution or from the delay of their execution, for any reason. It does not guarantee the availability of the products displayed in the online store, but informs the interested customer on the basis of the data kept about the availability or non-availability and undertakes, in the event of a change in these data, to promptly inform the customers of the non-availability, in which case she bears no further responsibility. Εmilieexclusive.gr has received all the necessary technical and other means in order to immediately update the available quantity of our products, however it reserves an express reservation regarding the validity of the quantities of products available in the online store, since the update may take place within five (5) hours from the moment of their modification.
In the context of good faith and business ethics, the Company is not obliged to accept an order and conclude a sale of products and/or services that, due to a typographical or computer error, appear in the online store with an incorrect price, i.e. lower or higher than the applicable the period in question. In the event that in an order prices errors found in only part of the products ordered, then the order is valid and executed normally for the remaining products and is considered incomplete for the products in which the error was found, except in the case that the items in the order are related, are to be used as a single whole and operate as a unit with each other and the Customer declares that the partial fulfillment of the order does not serve his needs or interests, in which case the Company must cancel the entire order.
The online store provides the content (eg information, names, photos) and products available through the website “as is”. In no case is the Company liable civilly or criminally for any damage (positive, special or consequential, which indicatively and not restrictively, disjunctively and/or cumulatively consists of loss of profits, data, lost profits, monetary satisfaction, etc.) that a visitor of the online store or a third party may suffer from a cause related to the operation or non-operation and/or the use of the website and/or inability to provide services and/or products and/or information available from it and/or from any unauthorized interference by third parties with products and/or services and/or information available through it.
4. PRODUCT AVAILABILITY
The Customer is informed about the availability of the products through indications placed on the page of each product in the online store. Specifically, for each available product the BUY / ADD TO CART link is active, while for each unavailable product the ADD TO CART link is not active and the message “Out of stock” appears in its place. The Company reserves the right to the availability of its products if they are not available at the time of the order. As stated above, the Company reserves the right not to accept the specific order and therefore not to complete the sale. Any payments will be refunded to the Customer without undue delay, in the same way the Customer chose to pay for their order.
A special case of availability is the following:
Products marked SALE -X% or WEB ONLY SALE: The prices of these products are valid while stocks last. For these products, a strict order of time priority is observed in the execution of the orders.
The Company reserves the right to inform the Customer in the event of extenuating circumstances that make the product unavailable or about the possible (new) delivery time if there are reasons for delay in delivery. In this case, if it is judged that the delay makes the transaction unprofitable for the Customer, the Customer is entitled to unilaterally cancel the order with a written statement (by email to info@emilieexclusive.gr). If the order is cancelled and thus the sales contract is terminated, the Company must return, without undue delay, all the money paid by the Customer, according to the Company’s Return policy.
The availability of products available through the online store may differ from the availability of products available through physical stores. Therefore, there are products which may be available for purchase from the physical stores and not from the online store, and vice versa. This is due to the limited availability of the products in question.
5. INTELLECTUAL PROPERTY RIGHTS
All content of the online store, including distinctive titles, marks, images, photos, designs, texts, etc. are the intellectual property of the Company and are protected according to the relevant provisions of the Greek, European and international conventions or intellectual property law for which the Company has obtained a license to use for its own needs and for the operation of its online store. It is prohibited to copy, transfer or create a derivative work based on its content or mislead the public about the actual site of the online store. The reproduction, republishing, uploading, communication, dissemination or transmission or other use of the content in any other way or medium for commercial or other purposes is permitted only after the prior written transaction of the Company or any other copyright holder. The names, images, logos and distinctive features presented and describing the Emilie brand online store or the products of the Company or third parties are the property of the Company or third parties respectively, protected by the relevant trademark laws. Their use in the online store does not in any case grant a license or right to use them by third parties.
6. USER REGISTRATION
User registration at emilieexclusive.gr is optional. Each customer registers only once. The customer, using the unique combination of Email Address (“EMAIL”) and Password that he has chosen and declared, has the following possibilities:
• To see the contents of his shopping cart (hereinafter “CART”). The products that the customer has chosen to order are displayed in the Cart. The customer can order products, which can be reviewed or changed (deletion of items, change of quantities) at any time until the order is completed.
• To complete his order and pay by choosing one of the payment options provided by the online store.
• To modify the Customer Details of his Account.
User registration and participation is free, personal, non-transferable and non-assignable. The user is responsible for the information he provides to the Company and the website relies solely on his statements regarding his personal information. The information entered during registration must be complete, true and up-to-date. In case of registration of a legal entity as a user, the name of the contact person as well as the full name of the legal entity must be mentioned. In the event of a change of information, the user must immediately inform emilieexclusive.gr of his new information so that it is always complete and true.
The personal information provided by the user during registration is processed by the Company exclusively for the purpose of (a) creating an account on emilieexclusive.gr, (b) communicating with him regarding the transactions between them (e.g. to ensure the ability to communicate with him, for the completion, shipment and delivery of his order, for his payment and secure financial transaction) and (c) for sending him informational, advertising and promotional material regarding the products and services of Company, including its partnerships with third parties. Regarding the collection and processing of personal data, the terms and provisions of the Personal Data Protection Policy apply.
By registering in accordance with the above, the user gives his express consent to the collection and processing of his data based on these Terms of Use and the Privacy Policy, which Terms and Policies he declares to have read, understood and fully accepted and unreservedly. He has the possibility at any time to withdraw his consent for the collection and processing of his personal data that he has granted us in accordance with the above, by deleting the user by sending a relevant email to the address info@emilieexclusive.gr. He has the possibility, at any time, to have access to his data, or he can also at any time request the immediate deletion or correction of his data, their temporary non-use by emilieexclusive.gr, their blocking or non-transmission, following the same email sending process as above. Personal data are not communicated to any third party and are managed exclusively by the company for specific purposes. For more information see the relevant section on the Personal Data Protection Policy.
7. NEWSLETTERS
The newsletters which the visitor/user of the website services receive by registering voluntarily in the mailing lists are the intellectual property of the Company and are therefore protected by the relevant provisions of Greek legislation and international conventions. The Company reserves the right not to register a person in the recipient lists or to delete them from them. The Company may keep a file with the e-mail addresses of the recipients for the sending of other messages of an informative or financial nature in addition to the newsletters, unless the recipient does not wish to do so.
emilieexclusive.gr is not responsible if the newsletters are not delivered to their destination. Newsletters may end up in the “Spam” folder. In case the user wishes to no longer receive informative newsletters or wishes to be completely deleted from the website’s newsletter sending system, he can inform the Company using the website’s contact form or through the corresponding link that appears in the informative emails he receives. The website uses a provider (3rd party company) to identify the recipients of the newsletters. It does not hand over to third parties information about name, surname, home address or other personal data.
8. PURCHASE PROCESS VIA ONLINE STORE
The visitor can use the categories found in the main MENU of the website, browse through them and find the product they are looking for. He can also use the product search function through which he can find products based on search terms. He can then add the products to his Cart from the product page by clicking on the “ADD TO CART” link. The visitor can go to his cart by clicking on the “CART” link located in the upper right part of the website, while he can use the delete cart link to remove the products from his cart before completing the order.
To complete the registration of his order, the user of emilieexclusive.gr has the options (a) to create an account through the “Registration” described above (b) to continue as a “Guest”. To complete the purchase, he must click on the “ORDER CONFIRMATION” link and then he will receive in his email the code and the analysis of his order. In case he has chosen the “Credit or Debit Card” payment method, as soon as he clicks on the “CONFIRM ORDER” link, he will automatically be transferred to the Viva Wallet environment to make the payment for the products, and then he will receive in his email the code and the analysis of his order.
8a. Payment policy
The indicated final prices of the products include VAT. Emilieexclusive.gr reserves the right to change prices without prior notification to the customer. Regardless of price fluctuations, the customer always pays the value indicated on the product at the time of completing the order entry.
9. PAYMENT METHODS
A. Cash on Delivery Method
The payment of the order is made by the customer to the employee of the courier company cooperating with the Company upon delivery to the customer’s premises. The customer pays the value of the order in cash. The cost for cash on delivery is €2.00 (VAT included) and is only supported for purchases within Greece.
B. Payment by credit and/or debit card
The Company accepts Visa and Mastercard credit and/or debit cards. To ensure the absolute security of electronic transactions through credit and debit cards, they are made through the Viva Wallet security system. As soon as the customer completes the registration of the order, he is automatically transferred to the secure environment of Viva Wallet. On this page he must fill in all the necessary fields (card number, expiry date, CCV2/CVC2, name of cardholder). The customer’s card details are processed exclusively for the completion of the transaction, i.e. the payment of the products purchased by the customer from the online store. The processing of personal data is governed by the Personal Data Protection Policy and the Cookies Policy of emilieexclusive.gr.
10. METHODS OF DELIVERY
Orders are shipped exclusively by courier. When placing the order, the customer selects the postal address to which he wishes his order to be sent, in the “SHIPPING ADDRESS” section.
As soon as the order registration is completed, an email is automatically sent to the customer with the analysis of his order.
It is possible to send orders outside of Greece with shipping costs depending on the destination.
It is not possible to pick up orders from physical Emilie stores.
11. ORDER SHIPPING COSTS
For purchases of any products and shipping within Greece, the customer does not incur shipping costs.
For purchases of any products and shipping outside of Greece, the customer is charged with shipping costs that vary depending on the country of destination.
Upon completion of the order, an e-mail is automatically sent with the analysis of the order. The customer does not need to take any more action.
12. ORDER CANCELLATION – RETURNS POLICY
The user has the possibility to cancel the order within one (1) hour from its registration (a) by sending an e-mail message to info@emilieexclusive.gr with the subject “Order Cancellation” in which he must also include the order code received by email.
Return of products or goods at the expense of emilieexclusive.gr is accepted in all cases in which the order was executed incorrectly due to the fault of emilieexclusive.gr (error in ordering, invoicing or shipping). In this case, the customer must not accept the receipt of the product/merchandise in the first place. Products/merchandise must be returned in perfect condition, complete, unused and undamaged. Products must be returned in their original packaging.
In case of any product defect, the customer can notify the company by email (info@emilieexclusive.gr) stating the product defect. Any return of the merchandise must be completed within fourteen (14) calendar days from the date of receipt and must be done through the courier company that the online store cooperates with at a customer’s charge, based on the existing pricing policy. If the product is indeed found to be defective, the customer can request either a refund (plus courier costs) or a product replacement (plus courier costs).
In the case of a non-defective product, it can be returned if: (a) The return form is completed and sent together with the product to emilieexclusive.gr through the courier company that the online store cooperates with. The return of the product must be completed within fourteen (14) calendar days from the date of receipt and (b) the product is in its original condition. In this case the customer bears the shipping costs. No exchanges or returns are accepted for products sold in Bazaar actions.
Returns are sent exclusively to the address “AFOI MARTATOU EE, Mantzarou 3, Athens”. Returns are not accepted to another address of the company or to physical stores.
13. MODIFICATIONS TO THE SERVICE
The online store reserves the right to modify the services provided or to stop providing them temporarily or permanently, with or without notice. In any case where the Customer uses the services of the online store, he is considered to have unconditionally accepted the present terms of use and unconditionally acknowledges that the online store bears no responsibility towards the customer for any modification, postponement or interruption of the provision of the service.
14. PRODUCTS AND INFORMATION – RESPONSIBILITY OF THE ONLINE STORE
The online store bears no responsibility for any damage caused to the Customer by the exchange of information during the use of the online store’s services resulting from loss or delay in receiving or non-receiving or alteration of data.
The online store always acts in good faith and in accordance with the provisions of the law and these Terms of Use. Therefore, it has taken and continues to take all necessary technical or other measures and make every effort to (a) the website and the online store operate continuously and properly without problems, interruptions, delays, errors or mistakes, (b) the data/information provided and transmitted through this website on the one hand not to be altered and on the other hand to be protected by creating backup copies, since the security systems of this website are subject to limitations, (c) the technology used by itself or the servers ( Servers) through which our online store is made available to Users that it does not contain viruses or other harmful components or software programs, however the online store DOES NOT PROVIDE RELATED GUARANTEES for all of the above and is not obliged to compensate its use, in case it suffers any damage for the above reasons.
In addition, the online store provides no guarantee (a) for the suitability, effectiveness, adequacy of its products in relation to the purpose for which it is intended to be used and (b) for the correct and appropriate performance of the transactional obligations of the other users of the website and its services.
The online store makes reasonable efforts to maintain and make its content available. It bears no responsibility for any kind of damage (positive, consequential, negligent, intra-contractual or otherwise) arising from the inability of users to access it, the cessation of all or parts thereof, the delay, non-delivery, interruption or poor quality of reception of its services or loss of their content, the existence of any type of errors. It is not responsible for any technical problems that may occur to users when they attempt to access the website and during it and are related to the operation or compatibility of their own infrastructure with the use of the website. It also has no responsibility for acts or omissions of third parties and especially unauthorized interventions by third parties in products and/or services and/or information available through it.
In addition to what is expressly defined herein, emilieexclusive.gr bears no civil, criminal, or other liability towards you and/or any third party, in the event that any of the above, during the use of the services and/or of the products of this online store suffer direct, indirect, collateral, collateral financial or other damage, lost profits, due to: (a) errors, omissions, technical glitches, damage or malfunctions of the telecommunications networks, the Internet, the website, of the Internet Service Providers, (b) permanent or temporary shutdown of the website or some of its services and/or interruption of the provision of certain products through the online store, (c) events, situations, actions, acts and/or omissions of the website or third parties including other Users for which it does not provide guarantees and bears no obligation in accordance with the provisions herein, (d) information and and other content that may be published and shared by third parties.
The online store reserves the right to deliver the products in cases of force majeure.
The website may contain links to other websites. Under no circumstances should it be deemed to endorse or accept the content or services of other websites that may be connected through links and expressly disclaims any responsibility for any content, privacy policy, quality of content and services. In addition, no one is responsible for any unavailability of these websites, their policy on the protection of your personal data, the quality and completeness of their information and services. The website does not control and does not carry out any preventive control of the content and information published and shared by third parties and bears no responsibility for them.
Emilieexclusive.gr is only liable for fraud and gross negligence, in case of damage to the user from the information and services it provides.
15. CUSTOMER OBLIGATIONS
The Customer of the online store is obliged to:
Not to use the website of the online store to carry out actions, which may result in criminal prosecution or the initiation of any civil or administrative procedure against the online store, for actions, which are indicatively but not exclusively described in the Criminal Code, in Special Criminal Laws, in the Telecommunications Legislation, in the Legislation for the protection of Personal Data as well as in the relevant provisions or directives of the European Union or the National Telecommunications Commission, the Personal Data Protection Authority and any other Public or Administrative Authority and Service.
• Not to infringe any form of Copyright of the Company or third parties.
• To strictly observe the applicable Terms of Use of the online store as well as the applicable personal data protection regulations of its subscribers and/or visitors to its websites.
• To provide complete and true personal information during the process of registering as a customer.
• To update his personal registration details, so that they correspond at all times to his true personal details. In the event that the Customer’s registration information is found to be incorrect, the online store has the right to immediately deactivate the customer’s account by informing him.
• To keep secret and not to reveal to third parties his password (PASSWORD) in the services of the online store. He is also obliged to IMMEDIATELY inform the online store via email at the email address info@emilieexclusive.gr of any unauthorized use of his code and password. The online store bears no responsibility for unauthorized use of its password, if it has not been previously informed about it.
• To confirm that he has exited his personal account at the end of each session.
• To provide correct and true Payment and Delivery Details for the orders placed in the online store.
It is prohibited to use the website and the online store to send in any way, publish, transmit any content that is illegal and/or may cause damage to third parties in any way.
Any action or omission that (a) infringes any patent, trademark, trade secret, copyright or other proprietary rights of both the Company and third parties, (b) contains viruses or other software that may cause interruption, damage, destruction is prohibited or obstruct the operation of any software or cause damage to the reputation and reputation of the Company, its Affiliates and Affiliated Companies and/or other users / Members / consumers, or may violate any personal or other data of the users of the website / electronic shop.
In addition, it is prohibited:
(a) Any access or attempted access to information and data (including personal data) transmitted through the website for which there is no authorization or authority to use.
(b) Access to the online store for the purpose of creating or producing a product or service that competes with the Company’s products/services.
(c) The facilitation in any way and by any means of third parties to gain access to the data granted to emilieexclusive.gr by its users
(d) Any form of Software piracy, hacking and/or interception, copying, analog/digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of derivative work of data (including personal data) and information, including and of the content and material (photos, texts, etc.) of the website.
ELECTRONIC DISPUTE RESOLUTION
The e-shop emilieexclusive.gr is fully harmonized with the procedure for the out-of-court resolution of domestic and cross-border disputes in relation to the sales contracts drawn up with each of its users/customers, as described in JMD 70330/2015, which includes the arrangements regarding adaptation of Greek legislation, in compliance with Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes and for the amendment of Regulation no. 2006/2004 and Directive 2009/22/EK and the adoption of additional national measures to implement Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on the electronic resolution of consumer disputes.
The Electronic Dispute Resolution platform is directly connected to the competent Alternative Dispute Resolution (ADR) bodies, which undertake the processing of complaints. In Greece, the competent bodies are A) the Independent Authority “Consumer Advocate” and B) the Ombudsman for Banking and Investment Services. Guidelines for Electronic Dispute Resolution are available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.