CONDITIONS OF USE & SALE
Welcome to the website of the e- shop Kleopatraelectronics (hereinafter the ‘e-shop’). The e-shop, which is engaged in sales of products (electronic and electrical items, tools), belongs to the company KLEOPATRA TH. PLAKIA (hereinafter the ‘company’) which is based in Chalandri, in Attica, 4, Zalokosta Str., TAX NUMBER 044160970 TAX OFFICE: CHALANDRIOU. The access and the use of the web site by any registered or not registered visitor-user, is subject to the terms. The traders of the e-shop, the visitors and generally all users of the site, accept unreservedly the following terms. The acceptance of the preexisting, general contract terms shall be an irrefutable presumption as long as they are present in a conspicuous place on the site and access to them is indicated and facilitated by appropriate means, according to the customary practice, giving the opportunity to the visitors-users to be aware of them. The registration of the users to this site shall be deemed as an automatic reserved acceptance of the terms.
The company reserves the right to freely change the terms without notice. Just the publishing on this site, is enough to put any new term or amendment or repeal of any existing condition into effect. The use of the site and the services offered at this,presupposes and confirms the acceptance of preexisting conditions by the user, as applicable, with any amendments, interventions and repeals by the company.
The company reserves the right to freely change, or suspend the operation of the web site or even the services offered at this, for maintenance purposes, improvements etc. at any time without notice, as long as this complies with the rights asserted by users and third parties by law or the contract between them and the company.
THE RECIPIENTS OF THE SERVICES OF THE E-SHOP
The recipients of services offered by the online store of the Company may be any natural or legal person who uses this site and its services either for business or private purposes.Consumer is considered to be any natural person who is acting for purposes which cannot be included under his commercial or professional activity (No. 1 Art. PD 131/2003).
GENERAL TERMS OF THE ELECTRONIC CONTRACTS
Those who transact with the company through the e-shop kleopatraelectronics must respect the provisions of the Civil Code that regulate the capacity to act and the general validity of the legal acts (art. 127 et seq of the Civil Code).In particular, a valid contract, through the e-shop, requires the full legal capacity of persons involved.Therefore, the candidate recipients of our products and services make valid contracts with the company if they are adults, that means, they shall have completed eighteenth years of age and not have been in partial or full custodial guardianship (art. 128 C .C.).Otherwise, the nullity of the act is absolute and that contract shall be deemed not to have been made (art. 180 C.C.).The nullity of a part entails the nullity of the transaction as a whole, if it can be deduced that the transaction would not have been concluded without the void part (art. 181 C.C.).If that contract or act is canceled for any reason, the contracting parties shall be reciprocally obligated to restitute the performances by which each benefited pursuant to the provisions governing of enrichment without just cause (art. 904 seq. C.C.).At the conclusion of any form of contract, through the e-shop kleopatraelectronics, users of this site, accepting the terms, are required to provide accurately their complete and true data requested for the successful conclusion of a valid contract with the company.
All terms are essential terms.The breach of the terms, by the visitor – user, in any way, incurs the penalty of the relevant legislation and the user's obligation to redress any harm of the company or any third party caused by the illegal and contrary to these terms behavior of the user.The Company, in case of breach of these terms may prohibit the access to the website kleopatraelectronics and the services offered, to the user, delete the user account and the information communicated by the user to this site without notice and exercise all rights under the law.The non-exercise by the Company of these terms or its statutory rights does not imply a waiver of those rights.The posting of these conditions by the company and their content may not incur liability of the company broader than that imposed by law.
Prices, posted on the site, are final, and include VAT. The e-shop kleopatraelectronics reserves the right to change prices without prior notice to customers.In any case, however, the customer at the time of the receipt of the product ordered, will pay the price, which appeared on the site at the time of ordering.Orders are accepted and deliveries of orders are carried out only in Greece and Cyprus.
Furthermore, regarding to the drafting process of the electronic contract through our online store, it should be noted that after the submission of the order by the customer, the company confirms the receipt of the order by sending to the customer without delay a confirmation e-mail. The electronic contract is drawn up and the commitment of the Parties shall take place when the confirmation e-mail of the company is received by the customer.
Before completing the order during the online order process, the customer may press the corresponding field "CANCEL" and thus make the automatic cancellation of the order.
Our company delivers the goods to the consumer without undue delay, but no later than 30 calendar days from the conclusion of the contract.
Furthermore, the use of the service only for seeking information about the products, that are on sale, through our online store, is not connected with the beginning of the process of the electronic contract.
RETURNS AND REPLACEMENTS POLICY
Please read carefully our RETURNS AND REPLACEMENTS POLICY, which also governs your use of the e-shop kleopatraelectronics, to understand our practices.
The consumer has the right to return the products purchased, without penalty and without obligation to communicate the reason for wishing to return the goods, within fourteen (14) calendar days from the date of receipt.In this case, the consumer is charged with the plain cost of the returning of the goods.Returns will be accepted only if the items that the customer wants to return are in the same condition as received. The consumer is liable for any loss of value of the products resulting from the handling of the products that was not necessary to determine the nature, characteristics and functioning of the products.
The customer will have to complete and send to kleopatraelectronics by post (4, Zalokosta Str. PC 15233 in Halandri of Attica) or via fax (2106890365) or via e-mail (email@example.com) the following form of statement of withdrawal, or any other unequivocal statement of withdrawal (eg a letter sent by post, fax or email) within that period, according to JMD Z1-891/30.08.2013 the validity of which starts on 06.13.2014. If you choose to send the statement of withdrawal by e-mail, we will communicate to you without delay by the same means, acquisition acknowledgment of such a withdrawal.
MODEL STATEMENT OF WITHDRAWAL
(Complete and return this form only if you wish to withdraw from the contract)
- Towards Cleopatra Th. Plakia, 4, Zalokosta Str., PC 15233 Halandri of Attica, fax (2106890365) and email address [firstname.lastname@example.org]:
- I/We (*) disclose hereby that I/ we(*) withdraw from my / our (*) contract
-of sale of the following goods (*) / of the provision of the following service (*)
- that are/is ordered on (*) / received on (*)
- Name of consumer (s)
- Address of consumer (s)
- Signature of consumer (s) (only if this form is notified on paper)
(*) Delete as applicable.
In case of refund, the refund corresponding to the products ordered by the customer,including delivery costs (excluding additional costs due to your choice of a type of delivery other than the least expensive type of standard delivery offered by us) will be completed within 14 days from the date kleopatraelectronics will be informed about your decision to withdraw from the contract in question.The refund is made by crediting the bank account of the customer, which will be notified to kleopatraelectronics
In any case of returning products, the customer is required to deliver also all documents accompanying the product intact and in excellent condition (ex. ID, retail receipt, gifts etc),even if the withdrawal concerns only some of the products purchased through kleopatraelectronics.It should also be noted that if the Company offers the customer a discount on the total value of the ordered productsand the customer wishes to withdraw from a part of the order,the price of the products the customer decides to keep, will be redefined, removing the above discount, in case the total value of these products no longer exceed the amount, required for the discount.
If the supply of goods is made according to the consumer's specifications or clearly personalized, for example if a consumer ask for assembling an electronic device or tooland that service is not normally offered for the product concerned, and is customized by customer's requirement,the consumer’s protective provisions on the unjustified withdrawal and return of this product shall not be applied.
In case of withdrawal, the consumer has to send back the products at the registered office of our company in Halandri Attica, 4, Zalokosta Str. P.C. 15233with an indication of the name of our company: Cleopatra PLAKIA without undue delay and in any event within 14 calendar days from the day he/she notified us his/her withdrawal from this contract.The deadline is met if he/she sends back the products before the expiry of the period of 14 days.The company reserves the right to withhold reimbursement until it takes back the products or until the consumer gives evidence that he/she sent back the goods, whichever occurs first.
Please read carefully our PAYMENT OPTIONS, which also governs your use of kleopatraelectronics.gr, to understand our practices.
APPLICABLE LAW AND JURISDICTION
Users are required to act within the law of the Greek state including the generally acknowledged rules of international law as well as international conventions, as of the time they are sanctioned by law and become operative according to the conditions therein, shall be an an integral part of domestic Greek law and shall prevail over any contrary provision of law (Art. 28, § 1, Constitution 1975/1986/2001),to respect and uphold any European or International Law that is applicable to the use of this website and the services offered,and exercise their rights within the limits imposed by good faith, morality and the social and economic purpose of their rights (art. 281 C.C.).
In transactional relationships between the Company and the users of the e-shop and the conflicts that may arise from them, the applicable law is the law of the Greek State, in accordance with the turnover of the Company, the geographical location of the potential consumers, the place of the permanent installation, operation and business of the Company that owns this e-shop as well as the state of origin of the Company, subject to the exceptions to the law on consumer protection and other criteria, discriminatory laws.Generally acknowledged rules of international law and the international conventions as of the time they are sanctioned by law and become operative according to the conditions therein, that shall be an integral part of domestic Greek law, are included in the aforementioned applicable law and shall prevail over any contrary provision of law (art. 28, paragraph 1 Constitution 1975/1986/2001).The aforementioned applicable law governs, among others, the taking up and engagement with this activity, the quality and the content of the services, the specifications of the products and the disputes arising from the contract or by law. Likewise, all the disputes arising out of or in connection with the service contracts, sales contracts and the general use of the services of the e-shop between the Company and the user-visitor, shall be litigated only in the Courts of the State of Greece and the territorial jurisdiction of the Courts of Athens.
ETHICS AND OBLIGATIONS OF USERS
Users shall not use this website, the emails of the site, the order forms and the registration of users, the chat rooms and forums or any other way of expression through this website or the accounts of the e-shop “kleopatraelectronics” in social media (facebook, etc.) for the posting, public disclosure, broadcasting of information, data and content in general, in any form, that is illegal, unlawful, abusive, defamatory and / or false, menacing, deceptive, threatening, insulting, offensive, abusive, obscene, vulgar, profane, pornographic, racist.The notified content is forbidden even if it urges somebody to commit a felony or misdemeanor (art. 186 P.C.), if it constitutes by itself, or by the notification of it through this website, a criminal offense act, expresses discrimination, violates any kind of policy, or constitutionally guaranteed rights and is against the law in general. It is also forbiddento notify advertisements in any form and content, competitions, personal data, sensitive or not, of third parties, confidential information about the Company or its associates, «spam messages», «chain letters», «pirated "or other malware”, projects and data protected by the Law of Intellectual and Industrial Property.
The visitors - users of the e-shop are expressly forbidden to intervene in the form, operation, services, content, databases and each element composing this site,using any device, malware or otherwise, electronic process or otherwise, sending malicious or otherwise files,such as harmful viruses, spam messages, likely to affect, impair, inhibit, disrupt, and generally interfere with the smooth operation of this website or link, access and use by users to jeopardize the services offered.The Company reserves the right to request for compensation for any damage that may be caused by this unlawful conduct, as indicatively described above, and prosecute the person responsible.
Furthermore, users are advised to keep an acceptable and moderate attitude on electronic communication and interaction with others on this website, with respect to each other and the administrators of the website and not to adopt behaviors that are against the Code of Ethical Conduct on the Internet (Netiquette).The compliance with the above rules contributes to the proper operation of the Internet.
The statements and notifications of visitors and users of the website kleopatraelctronics, that are being addressed to the company, except for the formal contacts for the proper completion of the contracts through our online store, must be sent by registered letter to the registered office of the company.The respective statements of the company to the user should be made by any suitable means.
LIMITATIONS OF LIABILITY
The Company states that it is not liable for damages to the other party or a third party caused by the unlawful conduct of the other party, provided that it fulfills its own obligations.Third persons that are responsible objectively for other people, exercised parental guardianship or custody of children, judicial supporters and minors guardians, everyone, indicatively, not limiting to the abovementioned persons, and any third person who is bound by law or by contract through our online shop, are not exempted from the fair exchange and possible compensation to the company, just because the person, that contracted directly through our e-shop, and they are responsible for, acted unlawfully or without consent.The company is not required to know the truth of the information that are provided by the users and considers that are the real personal data of them.In the contract with the company, the use, of the payment option by credit card, and the subsequent provision of data of the legal holder of the credit card,binds the legal holder of the credit card, regardless of the person using the credit card and providing the information requested, therefore, the consent of the legal holder to charge permissibly and legally the credit card with the price of the sale is an irrefutable presumption. The illegal or without the consent of the legal holder use of a credit card in the contract with the company through the e-shop, shall not release the legal holder, from their obligations generated by the contract neither from any of the company's claims for compensation from an illegal act or user’s of credit card omission.
The Company shall be liable only for the information provided by itself on this website, since it’s required by the law and is able to ascertain the accuracy and the legitimacy of them.The Company monitors closely the information provided by its visitors, fulfilling the general obligation to monitor and care for the content of this website.Under the provisions of the law applicable in respect of liability of the Internet Service Providers (ISP),the Company shall be released from liability of the content of third person’s posting on this website, if it meets the requirements of smooth operation and control, imposed by law.
The Company is not responsible for deficiencies in the availability of products because of force majeure, weather, fire, strikes of the suppliers illegal conduct of third parties and general reasons not attributable to the fault of the Company.
The Company is not responsible for any temporary or permanent inability to provide services and delays in acceptance and execution of orders and delivery of ordered goods by reasons not attributable to its fault , as indicative of force majeure , extreme weather events , natural disasters , emergencies , strikes , fire , malfunctions of partner courier companies , accidental damage or destruction of the products before delivery to the user and after given for sending,illegal interventions of the counterparty or third party, disfunction of the provider of processing online payments (bank),or the Host Provider or the Internet service provider (ISP) or the Access Provider, or the terminal equipment of a user,incorrect provision of data by the user and generally any incident that prevents the proper performance of its contractual obligations. The liability of the Company is limited to the commitments provided by the contract with the consumer and it will make great effort to respond to them, within a reasonable period of time.
The Company is not responsible for bad condition of the products delivered provided it is not due to improper storage of the products by the Company and all the necessary precautionary measures have been taken.
The Company is not responsible for side effects and damages by using the ordered products due to improper product selection by the user, reckless or improper use of the products, or the fault of the manufacturer, such as fault during manufacture, incomplete information or instructions accompanying the products, quality of workmanship, safety materials and actual faults.The liability of the Company in the event of a defective product is limited to the replacement of this product, under the requirements of the law and provided that there is compliance with the terms of the return policy of the Company.
The Company states that it controls intensively the security level of the offered services in the online environment, using programs against the spread of viruses and malware.It is recommended to the visitors, during their browsing on this website, to use protection software against viruses, Trojan horses, time bombs, etc..The company shall not be responsible for any damage to the equipment (hardware), programs (software) of the user of our services, the user data and any other kind of damage to himself or others, from the risks described above, when it fulfills its legal obligations of smooth operation and taking the necessary security measures for the prevention of any damages.
The e-shop kleopatraelctronics cannot provide any warranty for the quality, or the suitability of the products sold for any particular purpose, nor can guarantee safety and security of users of these products. Such warranties are provided, if available, only from the manufacturers and the customer must be informed of product packaging.Any telephone information provided by kleopatraelctronics.gr on manufacturers' warranties can be made just for the convenience of the customer and in no way can be deemed as a warranty of kleopatraelctronics.
LINKS TO OTHER WEB SITES
The Company is not responsible for the content of websites to which we guide the visitors by links (hyperlinks), frames etc, that are legally posted on this site.The Company is not responsible for any damage to the user from the risks of the preceding paragraph and any other damaging behavior and practice, provided that they occur in the online environment of banking institutions, advertised operators on this site or partner courier etc., even if the reference to those sites is made by link «hyperlink», ad «banner» etc. on this website.The whole liability for the content, information, safety of the visitors and protection of personal data and the quality of services, is held by the owners,operators and beneficiaries of these websites, that the users visit with their own responsibility.
The information and the advice provided by experienced technical partners of our e-shop, the answers to the user’s queries and all the information offered through this site is entirely valid and reliable, however, this is given without prejudice to the accuracy, truth and completeness of the provided information by the user on the matter that bothers them, which we are not able nor obliged to affirm.In case of untrue, inaccurate and / or incomplete providing information by the user, the Company is exempt from liability for the validity of the advice provided to the user and liability for damage of the user from improper providing information and / or advice in respect of the needs of him.
The Company shall deliver the ordered products to partner courier companies to send to our customers.The Company provides the courier partner companies with the necessary information, including the necessary addressing information so that the delivery of orders to the receiver-counterparty is feasible.The Company is exempt from any liability for any damage of the user or recipient or a third party which may be caused by the delivery of the ordered products by the partner companies courier to a person other than the contractor,if this person resides or lives in the house of the user or works in the workplace or any other place indicated by the user of services - counterparty as a place of delivery of the ordered products.
INTELLECTUAL PROPERTY AND TRADEMARKS
Projects included in this website (web site) Kleopatraelectronics, indicatively, in the form of text, image, design, photography, graphics and logos, animation (computer animation), software, databases, musical and audiovisual clips, films and slogan which fall within the protective scope of Law 2121/1993 constitute intellectual property of the Companywithout prejudice to the copyright of third parties and beneficiaries are protected by the relevant provisions of Greek Law.The Company reserves all the intellectual property rights of this website and individual web pages from which it is composed, which are protected independently as original works of visual design and applied arts, as well as collections of works, according to the specific requirements of the law (art. 2, n . 2121/1993).The intellectual property rights are acquired primarily without formalities.Furthermore, the web pages of this website are protected as databases, bearing the characteristics of a database.The distinguishing features and the distinctive title of the e-shop and the distinctive features of the products available in the online store, Kleopatraelectronics, protected by the current legislation relating to trade marks (Law 2239/1994) according to the specific conditions and definitions of the law.The distinguishing features (from their use or their introduction in transactions) and the entire contents of this website, are further protected by the provisions of the Unfair Competition Law (LAW 146/1914).The domain names kleopatraelectronics.gr, kleopatraelectronics.com, are legally assigned by the National Telecommunications and Post Commission (NTPC) to our company, which has among others the exclusive right to use them. The identical domain name registration is forbidden to any third party. In addition, it is forbidden to any third party to proceed without the consent of the Company to use alphanumeric elements identical to those making up the Variable Field of the Domain Name with ending -gr (Kleopatraelectronics) of the Company, for the composition of the Variable Field of another Domain Name with ending - gr of the same level in which the Non-variable field is the same as the Non-variable field of the Domain Name of the Company.
The recording and the direct or indirect, temporary or permanent reproduction of all works of the previous paragraph by any means and in any form, in whole or in part as well as the creation of permanent or temporary copies of them is forbidden (subject to art. 28B law 2121 / 1993).Furthermore, the reproduction by downloading them (downloading) and storage in the computer of the visitor - user, the translation, adaptation, revision or other alteration, distribution to the public in any form by sale or other ways,the rental and public lending, the public performance or the broadcasting or transmission to the public by radio and television, by electromagnetic waves or cables or pipes or other material or by any other way,parallel to the surface of the earth or via satellite, the presentation to the public, by wire or wireless means or otherwise, the import of copies produced abroad without the consent of the author, the imports from countries outside the European Community when the right of import in Greece had been retained by creator are prohibited.Also, any form of distortion, cut or other modification and any breach of the author due to the conditions of presentation of the works, is prohibited.
Especially for the databases of this website, the temporary or permanent reproduction of the databases by any means and in any form, in whole or in part, the translation, adaptation, arrangement and any other alteration of them, or any kind of distribution of the databases or copies of them to the public, any communication, display or performance of the databases to the public, and any reproduction, distribution, communication, display or performance to the public of the results of the operations of the translation,the adjustment, arrangement and alteration of the databases, are prohibited.
The databases on this website, are further protected (regardless of whether the database or its content are protected by the provisions of the copyright law or other provisions) as a sui generis right of a database maker according to the specific conditions and limitations of the law (art. 45A, law 2121/1993).The export and / or reutilization of all or a substantial part - evaluated qualitatively or quantitatively - of the contents of the databases is prohibited. "Export" means the permanent or temporary transfer of all or a substantial part of the contents of the databases,to another carrier material by any means or in any form. "Reutilization" means any form of making available to the public all or a substantial part of the contents of the databases, by the distribution of copies, by renting, transmission, direct communication or other forms. The repeated and systematic extraction and / orre-utilization of insubstantial parts of the contents of the database if it is done by acts that are opposed to a normal exploitation of the databases or there is unreasonably damage of the legal interests of the maker of the bases because of them.
In according to the definitions of the applicable legislation, the content of this website, is protected from the infringements of the rights of Industrial Property that belong to our company without prejudice of rights of third parties or beneficiaries - operators.
Deviation from the restrictions of this clause on the protection of Intellectual Property Rights of this site is permitted only after written permission of the Company or the copyright holder or after related clause in the contract between the Company or the beneficiary and the third party. The lawful browsing through the web pages of this site and the use of the offered services with respect and total compliance with the conditions of use and operation of this website and the applicable legislation,does not infringe the copyright of the Company in relation to this site and its contents.
The creation of links, other than simple reference links to the homepage of this site is permitted only with the consent of the Company.Consent of the Corporation is required for the creation of downstream links, which refer to web pages on this website, other than the homepage, including, indicatively, products available from the online store Kleopatraelectronics.These who are liable for the creation of the aforementioned illegal links are punished according to the provisions of law 2121/1993, 146/1914 and 2251/1994, subject to the provisions of Greek Law that regulate these issues.Likewise, the creation of frames and their placement on the site, which do not meet the requirements of these laws, is prohibited, without the written consent of Kleopatraelectronics.
All embedded links on this site (hyperlinks), simple or farther, in any form, such as links in the form of advertising icons (banners), reference links to websites of associated courier companies andreference links to secure applications of credit card payment and frames (frames),meet the requirements of the law and are placed on the site with the consent of the holders-beneficiaries of the reference websites.
ADVERTISING AND COMMERCIAL COMMUNICATION
The website of our online store may include advertisements in any form, such as advertising icons (banners), hyperlinks to text (text links) and frames.Our Company respects the provisions of the unfair competition law and the consumer protection law (Law 146/1914 and 2251/1994).In particular, the company abstains from unfair trade practices respecting the laws governing the operation of our online store, acts with professional diligence, following codes of conduct binding on commercial activity, motivated by our excellent service to the consumers through high technology in a friendly and easy to use interface .The company refrains from deceptive trade practices, following high standards of professional integrity. The company provides the prospective client with all essential information about our products, whole information about their rights as consumers and the general and personal terms of transactionsin order to make a documented decision before contracting through our online store.Moreover, the Company abstain from any aggressive commercial practice in the promotion of the products, fully respected the freedom of choice of its candidates clients,making sure that they are fully informed about their rights protected by laws or the agreement between them and the Company.
Ads, posted on this site, are not disguised advertisements, that are prohibited under art. 5a PD131/2003, nor deceptive advertisements that are prohibited under Art. 3 Law 146/1914.Any comparative ads on this site comply with the provisions of article 9, paragraph 2 of Law 2251/1994.Additionally, the Company informs the visitors of the website by any means provided by law, about the kind of the information offered by the Company to the visitors and especially whether or not these information constitutes advertising.
Offers, discounts and giveaways, promotional competitions and games, to the extent that are permitted by the applicable law (unfair competition and consumer protection law), are clearly recognizable. The access to the conditions under which every user can take advantage of the offersor participate in contests is easy and the terms are presented clearly and accurately.Furthermore, the supply of samples and gifts for promotional purposes, without prior warning, is conducted lawfully and fairly with respect to the applicable law (art. 4 Fri the 5th section b Law 2251/1994).The Company respects your privacy and will not send you non requested electronic mails (such as promotional emails - spamming). Only if the users register for our Newsletter e-shop, they will receivee-mails with advertising content and update e-mails about promotions of our online shop.
In the general use of commercial communications by the e-shop, the Company respects the professional rules that govern the independence, dignity and honor of the profession, professional secrecy, honesty to customers and colleagues and the rules of conduct (Article 7 P.D. 131/2003).
TIGKILI G. KALLIA, ATTORNEY AT LAW, 0030-210-3608419, 6984428227, e-mail: email@example.com