TERMS AND CONDITIONS OF USE
The e-shop named “e-elastika.gr” is an online store for the sale of products and services through the internet, owned by the individual business named “e-elastika.gr”, based in Thessaloniki, address: 28, Kaftantzoglou L. street, VAT EL038896641, Business Registry Number 39869906000, and telephone number 2310819920 (hereinafter referred to as the “Company”). The Company is the distance Seller against the Consumer, in accordance with the legislation in force.
The following terms and conditions shall apply to the use of the online store with the Trade name, located at the address www.e-elastika.gr, and belongs to the Company as above. Any user accessing and making use of the services the above online store is deemed to consent to and accept the terms and conditions, without any exception. In case any user does not agree with such terms and conditions, they should refrain from using this online store, as well as any transaction with it.
3. Amendment of terms and conditions of use of the online store
The Company reserves the right to unilaterally modify or freely revise the terms and conditions of use of the online store and of the transactions operated therein, whenever this is deemed necessary, undertaking the obligation to notify its users of any changes, through this online store. The contracts concluded through the online store may be compiled in Greek language.
4. Applicable Law and Jurisdiction
The terms and conditions of use of the online store and generally the transactional relations between the Company and the Users shall be governed by the Greek law and the Courts of Thessaloniki shall be the competent Courts to resolve any dispute.
5. Information and Products
The Company is committed as to the quality, completeness and accuracy of the information provided on the site, both in terms of the Company’s identity, as well as of the transactions taking place in this website. Taking into account the nature of the transactions through the online store (minimum necessary time for system update, any website downtime, increased demand affecting availability etc.), the Company shall do its best to keep the system updated in case of any change, revised information provided, in order to avoid errors (made unintentionally) to register and to inform each user.
6. Limitation of Liability
The Company, in the context of its transactions through the online store responsibility is liable for claims of customers / users which have been caused by the use, or no-use, of the said information only in those cases where the applicable Law provides for any obligation for civil responsibility. The online store provides the content (such as information, names, photos, links), the products and services available through the website “as is”. Under no circumstances shall e-elastika bear any liability for any claims, of any kind, for any damages (direct, special or consequential, such as indicatively and not exhaustively, any loss of profits, data, lost profits, compensation, etc.) that may be suffered by the e-shop visitors or by any third party, for any reason related to the operation or not and / or the use of this website and / or inability to provide services and / or products and/or information, provided by the website, and/or any unauthorized third party intervention in products and / or services and / or information available through the website.
7. Intellectual property rights
This website is the official online store of the Company. This web page, as well as all products of industrial and intellectual property, including, indicatively and not exhaustively, any distinctive features and titles, trademarks, images, graphics, photographs prices, texts etc. are an intellectual property of the Company and its affiliates and protected under the relevant provisions of the Greek law, the European law and international conventions. Any copying, analog/ digital recording and mechanical reproduction, distribution, transportation, processing, resale, job production or mislead of the public about the actual provider of the website content is prohibited. Reproduction, republishing, uploading, announcement, dissemination or transmission or any other use of the content in any way or medium, for commercial or other purposes is permitted only with prior written consent of the Company. The names, images, logos and distinctive marks that represent the online store or any third parties and its products or services shall be marks of Company only or of such third parties, protected by the applicable trademark laws and the European and international laws. Their appearance in the website should in no way be construed as a transfer or license a or right to use any of them.
8. User Responsibility
Users of e-elastika.gr agree that they shall not be using the Company’s online store for:
- sending, publishing, emailing or otherwise transmitting any content that is illegal for any reason, causes unlawful infringement and harm to the Company or to any third party, or infringes the privacy or confidentiality of any person's information.
- sending, publishing, emailing or transmitting in any other way any content offensive to other users' morals, social values, minority, etc.
- sending, publishing, emailing or otherwise transmitting any content which users are not permitted to transmit in accordance with the applicable law or conventions (such as inside information, proprietary and confidential information acquired or disclosed as part of working relationships or covered by confidentiality agreements),
- sending, publishing, emailing or otherwise transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties;
- sending, publishing, emailing or otherwise transmitting any software that contains software viruses or any other codes, files, or programs designed to interrupt, damage or destroy any computer software or hardware,
- Deliberate or unintentional infringement of the applicable laws or regulations;
- harassment of third parties in any way,
- collecting or storing personal data about other users
9. Links existing in this website
Links existing in this website are likely to take you to external - related websites. The partner websites are not under the control of the Company and the Company bears no responsibility for the contents of any partner Web Site or any link contained in a partner Web Site, or any changes or updates thereto. Company is not responsible for network broadcasts or any form of transmission received from any linked website. Company only provides these links for the users’ convenience and inclusion of any link does not imply consent of the Company with such website.
10. Personal Data
The Company collects, processes and stores users' personal data (including: name, profession, email address, home address, telephone number, IP address, etc.) in accordance with the law, ensuring their privacy and security. This information is collected during users' visit to the Company website www.e-elastika.gr or when registering the user at the Company online store or logging into an online store account or during the ordering process and purchase products from the online store and may be processed by the Company, which is also the processor within the meaning of the law.
Users' data and other personal information are processed strictly within the framework of the applicable law, with full respect for the privacy and confidentiality of users and as long as they have consented to the collection and processing of such data. Company does not in any way disclose or make public users' personal data and information trusted to the Company. Users’ personal data, which they themselves make available to the Company by registering as members of its online store, are used exclusively for the execution of each user’s transactions. All information is encrypted and stored securely, using the most up-to-date methods. User data and information are stored in completely protected files (which meet modern security techniques). Users will be informed by the Company, when providing their data in the context of their transactions, and consent to and accept the impending processing of such personal data, in view of smooth and easy transactions between the parties, as well as for the transmission of these data to specifically identified recipients, who are employees of the Company, as part of the completion of the contract. Users are also hereby informed on their right of access their personal data and right to object to the processing of their data, according to articles 12 and 13 of Law 2472/1997. Specifically, users have the right at any time to withdraw their consent and to object to the collection and processing of their personal data. An objection can be made in the following ways and always to the attention of Mr. Kapsalis Konstantinos.
- by registered letter to the postal address 28, Kaftantzoglou L. Street, Thessaloniki
- E-mail at firstname.lastname@example.org
It is assured that only authorized employees, affiliates and other add-ons of the Company have access to the transaction information and only when this is necessary for a transaction, e.g. for handling orders.
Otherwise, the Company undertakes not to disclose the details of its customers and their transactions unless they have written authorization by them or as required by law, court order or public authority decision. The personal data disclosed to the online store is used solely by the Company and its affiliates to support, promote and execute the transaction and if the user has not objected to their use. All documents and electronic data exchanged between the parties in the course of each transaction shall be kept confidential and transmitted by the Company in a completely secure manner, in accordance with modern security practices. Any user may access the transaction details at any time if they wish. In addition, especially for credit card payments and other credit institutions and related payment systems, it is noted that the Company does not collect, process or store payment data and information, such as credit card and other payment methods details, but the transaction takes place directly between the users and the payer, etc., who collects, processes and stores this data or other banking or other information.
Finally, provided that the Web site of the Company provides access to the websites of other companies, where users make transactions solely with such other companies, which further collect, process and store their personal data at the sole responsibility of such third companies, the Company bears no responsibility. Therefore, the Company recommends that users check the protection of their personal data from third parties’ sites.
11. Personal Data and Transactions Protection- User Obligations
The Company recognizes the importance of Personal Data protection, as well as of electronic transactions and has taken all necessary measures, with the most advanced methods, to ensure maximum security. All information pertaining to the users' personal data and the transactions of the users of this e-shop is confidential and fully protected, as is the case with transactions in a physical store. Security of users' personal data and of transactions carried out through the Company online store is achieved through security codes. Codes used to identify the client are of two types: the Username and the Password, with which users securely access their personal information, once they log in. The user may change his / her Password as often as desired. The Company recommends that users, for security reasons, change their password regularly and avoid using the same passwords. The only person who has access to the user data is the User himself or their authorized persons, through the above codes and thus the user is solely responsible for maintaining the confidentiality of the codes from third parties. In case of loss or leak of the codes, the user should immediately notify the Company, otherwise the Company shall not be responsible for the use of the secret code by an unauthorized person.
13. Concluding a distance sales contract
The distance sales contract from the Company's online store shall be performed and completed electronically and / or by telephone, without the physical presence of the user / customer at the physical store of the Company, by the following procedure:
- (a) during online distance sales, the user selects the product they wish to purchase and temporarily sends it to the “shopping cart” icon, in the Company's online store. It is specified that any interested user may make purchases freely without being registered or having to register with the Company online store. The user proceeds to a committed purchase order to the Company, for products temporarily stored in the “Shopping Cart”, by clicking on the “I have read and Accept Terms and Conditions” button. This is followed by an electronic confirmation by the Company of the receipt of the user's purchase order, which confirmation is automatically sent, immediately after the binding purchase order (order with a payment obligation) has been submitted. This confirmation is just a confirmation of receipt of the order and does not constitute an acceptance by the Company of the user's purchase order. The Company acceptance of the user's purchase order and the distance sales contract shall take place once the Company has sent an e-mail, to the address provided by the user, confirming the possibility of the Company to execute the order or ship the ordered product, or that the product is ready to be collected from a physical store of the Company. It is understood that if for some reason the Company does not accept the user’s order and the electronic distance sales contract is not completed, the user has no obligation to pay and if a payment transaction has already been made, ( e.g. by credit card or by deposit at the Company bank account), the payment shall be canceled under the responsibility of the Company, and any payments shall be refunded to the customer in the same manner as they were made.
- (b) If the visitor to the Company online store does not make an online order, but wishes to submit a binding offer to purchase a product over the telephone (by calling the online shop customer care line at 2310 819920), visitor must confirm to the authorized partner of the Company that, on the one hand, they have read and accept the present terms and conditions of the Company E-shop, posted on the website of the online store, and secondly that they are committed to the purchase offer of this product and are therefore obliged to pay. THE Company reserves the right to record and store the conversation, in accordance with the law, a right notified to the customer prior to recording, as well as the right to require the client to accept the terms in writing. The customer then proceeds to pay for the product in one of the following payment methods (under Clause 14). The contract, however, is only concluded once the Company has accepted the customer's purchase proposal, confirming the possibility of ordering and shipping the ordered product or availability of the product for collection from a physical store. Acceptance of the customer's purchase proposal is made either by sending an email to the customer's email address (provided the customer has provided an email address), or by any other appropriate means, even by telephone. It is understood that in the event that for some reason the Company does not accept the offer of the user and the distance sales contract is not concluded, the customer has no obligation to pay and if a payment transaction has already been made, ( e.g. by credit card or by deposit at the Company bank account), the payment shall be canceled under the responsibility of the Company, and any payments shall be refunded to the customer in the same manner as they were made.
It is noted that any possibility offered by the Company's online store for online or telephone product booking without the obligation to pay, for it to be reviewed by the user and be paid at a physical store, is not a distance transaction, as the sales contract is executed entirely in the physical store.
14. Payment Methods
Purchases can be made from the Company online store exclusively through the following payment methods:
- Payment to the physical store of the Company. The user is given the opportunity to pay in cash on the day of receipt of the order from the physical shop of the Company.
- Paypal: Paypal is a secure way to pay online using your credit or debit card and an ideal solution for international transactions. Your financial information is only disclosed to our store with the necessary contact information and shipping address. Charging occurs when the order is confirmed by our store.
- Credit / Debit Card. The user can pay for their order using a debit or credit card. The user's financial information is not disclosed to our store, except for the necessary information and is charged when our order is confirmed.
- Deposit / Remittance / Payment Order / e-banking: The user may pay by bank deposit, wire transfer, e-banking transfer or in general with a payment order to the bank accounts of the Company.
- EUROBANK ERGASIAS S.A.
Account number: 0026 - 0041 - 09 - 0100427455
IBAN: GR 190 2600 4100 00090 1004 27455
- NATIONAL BANK OF GREECE S.A.
Account number: 234 / 359934-58
IBAN: GR 410 110 2340
- ALPHA BANK S.A.
Account number: 71000 2101 034470
IBAN: GR 050 1407 1007 1000 2101 034470
- PIRAEUS BANK S.A.
Account number: 5209-041688-127
IBAN: GR 7201 7220 9000 5209 0416 88127
Important: Bank deposits should be made by name (in the order details) and by providing the copy of the bank deposit at info@ e-elastika.gr
For further details on payment methods, users may contact the Company's Internet Customer Service at 2310 819920 or e-mail us at info@ e-elastika.gr
15. Shipping/ Delivery Methods and Costs- transferring the risk of destruction or loss of sold products
The products sold are delivered to the Company’s physical store or at the place the customer has chosen before completing the order and concluding the sales contract, according to the relevant delivery options provided on the website of the Company. Delivery to the customer's place of choice is carried out by a courier provider, an external partner of the Company, and is delivered either to the customer or to a third party authorized by the Customer. In the event of a third party being authorized to receive the order, the Customer must notify the Company by email or any other appropriate means, prior to dispatch of the Product, of the product being received by a third party, indicating the details of this person. This third person cannot be the Deliverer-External Partner of the Company, except in the case of remote areas or areas that are not covered by the Company network and as long as the Customer chooses to hire their own carrier, indicated by the Company, to receive the products from the Company physical store. Upon receipt of the order, the customer will show to such external partner-carrier the order confirmation and notice of shipment, as well as an official identification document (e.g. ID card, passport or driving license). In the event of receipt by a third party, the authorized third party shall also indicate to the external partner – carrier, the relevant authorization of the client to receive the particular order, legally attested as provided for by Law.
Shipping costs are determined by the destination of the product. Deliveries take place on the ground floor, at the outside entrance of the place of delivery stated by the customer (eg at the entrance of the apartment building).
Upon delivery of the products sold to the carrier or courier Company, as above, the risk of loss, damage or destruction is transferred from the Company to the customer/ buyer. The customer must inspect the purchased products upon receipt and state in writing that they have been duly received. In the event that the Customer does not receive the Products, the Company reserves the right to withdraw from the Contract.
16. Retention of ownership
Ownership of the products sold and delivered remains with the Company until full and complete payment of their total price by the customer.
17. Unjustified Consumer Withdrawal (Article 4 par. 10 Law 2251/1994, in conjunction with JMD Z1-891 / 2013)
The special right of the consumer to unjustifiably withdraw from the contract, especially when the user / customer is a natural person (i.e. not a legal entity, even a non-profit one) purchasing products remotely from the Company's online store exclusively for private use, and not in the context of professional activity (hereinafter referred to as “Consumer”) shall have the right to withdraw, with any justification, from remotely purchasing a product within the exclusive time limit of fourteen (14) calendar days from delivery of the physical possession of the product to the Consumer or an authorized person, as provided above in Clause 15, returning the product to its original state. Consumer withdrawal may be unjustified, without the consumer being obliged to state reasons justifying the withdrawal, as well as without incurring any financial burden on the consumer, except for the cost of returning the product and any reduction in the value of the product, in particular cases mentioned below.
Unjustified withdrawal of the consumer from distance sales might take place by any convenient means of the Consumer’s own choice. However, the Consumer is obliged to prove timely exercise of such right (within the 14-day period from taking over the product’s physical possession). The Company online store, for the convenience of users / consumers, suggests the following alternative ways of exercising the right of withdrawal:
- by email to the Company email address email@example.com
- by registered letter to Company at the postal address 28 Kaftantzoglou L. street, Thessaloniki, or
- by telephone at 2310 819920
Upon receipt by the Company of the consumer's statement of exercise of the right of unjustified withdrawal, the Company shall send the consumer a written confirmation of receipt of the exercise of the right of withdrawal. It should be noted that calculation of the aforementioned 14-day time-limit for the exercise of the consumer's unjustified withdrawal right takes into account only the time of submission of the withdrawal declaration, irrespective of the time of receipt by the Company.
Upon exercise of the right of unjustified withdrawal as set forth above, and within the time limit of fourteen (14) calendar days from the date on which the right of withdrawal was exercised, the consumer shall return the purchased product, bearing the respective costs. Returns can be made in the following ways:
- by the consumer, in any physical store of the Company, or
- by shipping the product at the address 28 Kaftantzoglou L. street, Thessaloniki, via the consumer's preferred carrier and at their own expense.
It is noted that the risk of loss, damage or destruction of the product remains with the consumer until the Company has received the product back.
The Company shall, within fourteen (14) calendar days from the date on which it became aware of the valid exercise of the right of withdrawal by the consumer, refund in full the purchase price of the product, using the same method of payment used by the consumer (unless the consumer agrees otherwise). However, the Company is entitled to withhold the refund until receipt of the products or until the consumer sends proof that the products have been delivered for a refund.
The Company shall not be obliged to return to the consumer part or all of the price of the returned product after unjustified withdrawal, in case the value of the product has been impaired due to the consumer's use of the product in an inappropriate manner, that is to say, in a manner different from a common examination of the product to ascertain its nature, characteristics and function, as it would have been in a physical store. In this case, the consumer is liable for the impairment of the value of the product due to improper use. The Company expressly reserves the right to inspect the returned products upon receipt and to retain part or all of the refund, in proportion to any impaired value due to improper use by the Consumer.
Exceptionally, the consumer's right of unjustified withdrawal from the distance sales contract shall not apply, and the consumer may not return the product purchased without prejudice in the following cases:
- In the case of products manufactured specifically for the consumer, with specific specifications or requirements of the consumer or generally tailor- made products (custom made products)
- Where the products have been used, as their use clearly falls outside the scope of a usual examination of the product for the purpose of ascertaining its nature, characteristics and function, as would occur in a physical store, making the product a second-hand product.
- In the case of materials and raw materials, which have been unsealed from their packaging
- In the case of products which are not eligible for refund once unsealed, for health or hygiene reasons
- In cases of service provision, after full-service provision
- In the case where the consumer has only made an online booking of a product, without payment, in order to purchase it from a physical shop, as this transaction does not constitute a distance sale, which the right of unjustified withdrawal of the consumer is only applicable.
It is understood that in all the above cases, as in any case, the consumer retains his / her full right of withdrawal from the contract of sale and return of the product due to legal or actual defects or lack of concerted properties which he / she finds upon receipt and use, in accordance with the general provisions of Articles 540 et seq. of the Civil Code, Article 5 of Law 2251/1994 and other consumer and customer protection provisions.