1 INTRODUCTION
This website https://www.occhialist.com/ (hereinafter for the sake of brevity “Website”) belongs to the company “NIKOLAOS – PANAGIOTIS STAMATAKOS – OCCHIALIST” based in Corfu, Philharmonic Street no. 5, with ΑΦΜ 079563691 (hereinafter for the sake of brevity “the Company”). The use of the web pages and services of the Website by the visitor / user presupposes his unconditional agreement with these terms of use, which apply to all content, pages, graphics, images, photos and files included in the Website (hereinafter referred to as “the Terms of Use”). Therefore, the visitor / user must carefully read the Terms of Use before using its services and, if he does not agree, he must not use the services and the content of the Website. The Company reserves the right to unilaterally modify the Terms of Use and any integral part thereof, at any time without notice. The Company will post the current version of the Terms of Use, in order to inform the visitor / user. The visitor / user is kindly requested to check the content of the specific pages at regular intervals for possible changes. The continued use of the pages and / or services of the Website even after any changes means the unconditional acceptance by the visitor / user of the modified Terms of Use. Any changes made to the terms of use after your order will not affect the current order, unless required to be affected by law. This Website is available for personal use. The Website may not be used for any commercial purpose. You are personally responsible for the use of our Website and for all your activities within it. If you violate the terms of use, the company reserves the right to deny you access temporarily or permanently.
2. AVAILABILITY OF SERVICES
The products offered through this website are available both in Greece and abroad.
3. ORDER – PURCHASE
The information contained in these Terms and the details contained on this website do not constitute a sale proposal but an invitation to contract. No contract will be deemed to have been drawn up between us and you with respect to any products, except when your order is expressly accepted by us. If we do not accept your order and the money has already been deducted from your account, then it will be refunded in full. To place an order you will be asked to follow the purchase process and press the “Approve Payment” button. You will then receive an e-mail from us confirming receipt of your order (“Order Confirmation”). “Order Confirmation” does not mean that your order has been accepted, as this is an invitation from you to us to draw up a contract and purchase one or more products. All orders are subject to their acceptance by us and this acceptance will be confirmed by sending an e-mail confirming that the product has been shipped (“Shipping Confirmation”). The contract for the purchase of a product between us (“the Contract”) will be considered concluded only when the Shipping Confirmation is sent to you. The Contract will only apply to products whose shipment we have confirmed in the Shipping Confirmation. We are not obliged to supply you with any further products that may be part of your order, except when the shipment of these products is confirmed with a separate Shipping Confirmation.
4. AVAILABILITY
All product orders depend on their availability. In this light, in case of difficulties in supplying or depleting the products in stock, we reserve the right to inform you about similar products of equal or superior quality and value, which you can order. If you do not wish to order such products, we will refund the amount you may have paid in full.
5. REJECT ORDER
We reserve the right to withdraw from this website any product at any time and / or to remove or edit any material or content on this website. While we make every effort to process all orders placed with us, there may be exceptional circumstances in which we may have to refuse to process an order after we have already sent you the Order Confirmation, which we reserve the right to process. at any time in our sole discretion. We have no responsibility to you or any third party for withdrawing any products from this website, as well as for removing or editing any material or content of the website or for refusing to process or accept an order after we have sent you the Order.
6. DELIVERY
Without prejudice to the provisions of condition 4 above regarding the availability of products and subject to exceptional circumstances in this case, we will make every effort to complete your order for the product (s) listed on the Order Confirmation ( Shipping) by the date of delivery specified in the Shipping Confirmation or, if no delivery date has been set, within the estimated time period shown when choosing a payment method, and in any case within 30 days from the date of the Order Confirmation. However, delays can occur in cases such as adapting products to customer requirements, depending on the delivery area or in unforeseen circumstances. If for any reason we fail to meet the delivery date, we will inform you and offer you the option to either continue the purchase by setting a new delivery date on our part, or cancel the order with a full refund. Please note that deliveries are not made on Saturdays and Sundays. For the purposes of these Terms, delivery of the product in question shall be deemed to have taken place or the order shall be deemed to have been delivered when you or a third party designated by you, other than the carrier, has acquired physical possession or control of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
7. IMPOSSIBILITY OF DELIVERY
If, after 15 days from the moment your order is available for delivery, the said order has not yet been delivered for reasons not due to our fault, we will consider that you wish to cancel the Contract and the Contract will be considered expired . As a result of the termination of the Contract, we will refund any payment we receive from you, including delivery costs (except for any additional delivery costs incurred in the event that you have chosen any other delivery method than the basic and less expensive method we offer. as soon as possible and in any case within 14 days from the date on which the Contract expires. Please note, however, that shipping resulting from the expiration of the Contract may have a higher cost, with which we are entitled to charge you.
8. SECURITY AND DELIVERY.
The company insures every purchased product from the moment of purchase until you receive it. In case the order is not delivered and it is found that it is the fault of the carrier, the company can deliver the order within three (3) working days without any charge to the customer. All the products of the company are packed in a special protection package in order to receive them in excellent condition. In case you receive an order with a damaged packaging, the company does not take responsibility for the damage. Please contact us to find out the alteration and replace your order. The company does not take responsibility for deliveries that are not made due to force majeure. Shipments and deliveries take place at the address you entered and it is your responsibility to enter the correct shipping details. The company assumes no responsibility for non-delivery of products to incorrectly registered items. If your order is returned to us because you did not receive it or because the courier company or the post office failed to complete the delivery, you will bear the costs of the shipment.
9. PRICE AND PAYMENT
The price of each product will be the one set at any time on our website, except in cases of obvious error. We always make sure that all the prices on the website are accurate, however errors may occur. If we find an obvious error in the price of any product you have ordered, we will notify you as soon as possible and give you the opportunity to re-confirm the order at the corrected correct price or cancel it. If it is not possible to contact you, we will consider that your order has been canceled and we will refund you in full any amount you have paid. We are not obliged to supply you any product at the wrong lower price (even if we have sent you the Shipping Confirmation), in case the price error is obvious and indisputable and can reasonably be recognized by you as the wrong price. The prices on our website include VAT but not the shipping costs, which are added to the total price and will be presented to you before the Payment Approval. Prices are subject to change at any time, however, without prejudice to any of the above, any changes will not affect orders for which you have already received an Order Confirmation. Once you have selected all the products you want to buy, these will have been added to your shopping cart and the next step is to place your order and pay. To do this, you must follow the steps of the purchase process, completing or verifying the information requested at each step. Furthermore, during the purchase process, before payment, you can change the details of your order. Payment can be made by Credit Cards, Debit Cards, Cash on Delivery, Credit Cards on Delivery, Debit Cards on Delivery, Bank Deposit and PayPal. To minimize unauthorized access, your card details will be encrypted. Once we receive your order, we will request pre-approval of your card to ensure that there is sufficient credit balance to complete the transaction. Your card will be charged only if your order is sent for delivery from our warehouses. If payment is made via PayPal, the amount will be charged with the confirmation of your order. The moment you press the “Approve Payment” button you confirm that your credit card belongs. Credit cards are subject to validation and approval checks by your card issuer. If the issuer of your card does not approve the payment, we are not responsible for any delay or non-delivery and we will not be able to enter into a Contract with you.
10. RIGHT OF WITHDRAWAL – CHANGE POLICY – POSSIBILITY OF REPAIR OF A DEFECTIVE PRODUCT
10.1 Right of Withdrawal
You have the right to withdraw from the market within 14 days (upon receipt) without giving any explanation. In order to exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract with a clear statement, before the expiration of the above 14-day period. The customer must return the product in excellent condition upon receipt. The basic condition for the withdrawal is that the returned product has not been used, is in excellent condition, as just before its sale, in its complete original packaging (box, etc.) which should not have any damage / deterioration, and with all the contents of the original packaging. You can fill in the withdrawal form that you will find here and in the menu at the bottom of our site and include it in the package to be returned or send it to us completed in our email (studio.eyewear.corfu@gmail.com). In order for the return of the product to be accepted, the original purchase document (retail receipt, invoice) must be presented by the person who originally purchased the product.
10.2 Consequences of Withdrawal
If you withdraw from the sales contract, we will refund all the money we received from you, including shipping costs if you had chosen as the delivery method the cheapest standard delivery method offered by our company. Additional shipping costs due to your choice (eg cash on delivery) are not included in the shipping costs that will be refunded by our company. The refund to you will be made within 14 days from the day we receive the product of your purchase. We will execute the above return with the same means of payment you used for the original transaction, unless you have expressly agreed with us for something different where in this case, any additional costs are borne by you. You only bear the cost of returning the products and it is at your discretion and responsibility to choose the way of returning and delivering the products to the company. Alternatively you can bring the products to our store (Philharmonic Street no. 5, 49100, Corfu) to omit the return cost. In the event that the above conditions are not met, or at least one of them, we reserve the right not to accept the withdrawal.
10.3 Changes-Returns
The company provides the opportunity to change one product with another within 30 days from the date of receipt. The customer must return the product in excellent condition upon receipt. The basic condition for the change is that the returned product has not been used, is in excellent condition, just before it is sold, in its complete original packaging (box, etc.) which should not be damaged / damaged and with all the contents of the original packaging. Fill in the special return form that you will find on the packaging of your order and send it together with the product for change, to our OCCHIALIST store, 5 Philharmonic, 49100, Corfu, Greece. In case you do not have the return form, you can download it here. The company covers the following cases: – Change (because you want to change your choice) In this case, after we receive the product and it meets the above conditions, you will receive by e-mail the discount coupon code of the same value of the product you wish to change. Then place a new order with the product you want and fill in the discount coupon code at the place where you will be asked. Shipping costs for the whole process are your charge. We inform you that if you have the opportunity to come to the store to make the change, replacement or repair, the process of shipping costs is omitted – Change (because you received the wrong order) In this case, after we receive the product and it meets the above conditions, you will be sent the correct order within 5 working days. For the return of the products, contact us at + 30 2661304098. – Warranty for defective product In the event that any of our products show a defect within 30 calendar days of receipt, we replace or repair it at no charge to you, unless such action is impossible or requires disproportionate costs. Fill in the special return form that you will find in the package of the order and send it together with the product to our store, OCCHIALIST, 5 Philharmonic, 49100, Corfu, Greece. In this case, after receiving the defective product, we replace it within 5 working days. If not available, you will receive an email informing you of the delivery date (maximum delivery time is 10 business days). For the way of returning the products, contact us at +30 2661304098.
11. INTELLECTUAL PROPERTY
The intellectual content of our website (such as photos, texts and logos including HTML and other codes contained therein) is the intellectual property of our company and is protected in accordance with Law 2121/1993 “on the protection of intellectual property and related rights” subject to any rights not expressly granted herein. Any reproduction and redistribution of the above is prohibited. The company is not responsible for any form of damage suffered by the user / visitor of the website services, options and contents of this website. It also does not guarantee that any related website or the servers and servers through which each relevant service is made available to the user / visitor do not contain “viruses” or other malware other harmful components. In any case, we recommend to all users to check that they have installed and upgraded protection software. The company ensures compliance with the principles of Personal Data Protection when using the services of this website regarding e-commerce and distance selling, in agreement and compliance with international, European and domestic Greek law and in particular its provisions. L.2251 / 1994 on consumer protection, the European Directive 2011/83 / EU on consumer rights, L.2472 / 1997 on the protection of the individual and personal data, as well as Directive 2002 / 58EC of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the field of electronic communications, as amended by DIRECTIVE 2009/136 / EC. The company “NIKOLAOS STAMATAKOS” (“OCCHIALIST”) expressly states that it will not proceed to any illegal or improper use of your personal data and does not transfer in any way and for any reason to any third party personal data and information of users / visitors .
12. Applicable law – Jurisdiction – Dispute resolution
The terms of use of our site together with the other policies and procedures of payment of products through our site are governed by and interpreted by the applicable legislation on e-commerce and distance selling, in agreement and compliance with international European and Greek domestic law. and specifically with the provisions of Law 2251/1994 on consumer protection, the European Directive 2011/83 / EU on consumer rights which was incorporated into Greek legislation by JM 70330/2015, Law 2472/1997 on the protection of personal data and personal data, as well as Directive 2002/58 / EC of the European Parliament and of the Council on the processing of personal data and the protection of privacy in the electronic communications sector, as amended by the DIRECTIVE 2009/136 / EC. Any dispute that arises and which stems from the contractual relationship between OCCHIALIST and the Customer, the competent Courts of Corfu are responsible for resolving it. For the out-of-court settlement of the dispute, the Customer can address the competent bodies of out-of-court settlement of consumer disputes, e.g. at the General Secretariat for Consumer Affairs of the Ministry of Development and Competitiveness (Pl. Kanigos, 10181, Athens, eee.efpolis.gr, tel .: 1520, fax: 210 3843549), to the Consumer Ombudsman (www.synigoroskatanaloti.gr, 144 Alexandras Ave. , 11471, Athens, tel .: 210 6460734, fax: 210 6460414), to the Committees of Amicable Settlement of consumer disputes (article 11 of law 2251/1994) located in the local Municipalities of the country. According to Directive 2013/11 / EC, which was incorporated into Greek legislation by JM 70330/2015, the possibility of electronic consumer disputes is now provided with the “Alternative Dispute Resolution” procedure throughout the European Union. If the Customer has a problem with the online shopping and resides in the EU they can use this website https://webgate.ec.europa.eu/ord/main/?event=main.home.show for out-of-court settlement of the dispute. Certified for the purpose Alternative Dispute Resolution Body (ADR), 144 Alexandras Ave., 11471, Athens, tel .: 210 6460284 & 210 6460784, info@eccgreece.gr. The Customer can contact the above body in order to guide him throughout the process of submitting and processing his complaint. Finally, the protection reserved by the provisions of the law on distance contracts, as well as these terms, is emphasized that it applies only to transactions with natural persons, which are traded for reasons that do not fall within the commercial, craft, business or free their professional activity.