We, the company with the corporate name “EL.OW Single Member Private Company” and the distinctive title “EL.OW SM.PC” with registered seat in Athens at 5 Sekeri Street, Postal Code 10674, with Commercial Registry (GEMI) Number: 155214901000, Tax Identification Number: 801364538/ Tax Office: D’ Athens, phone number 6945378618 and email firstname.lastname@example.org , (“we” or “the Company”) welcome you to our website www.el-ow.com (the “Website”)
The Website constitutes the e-shop “EL-OW’’, which belongs to our Company. Our Company operates mostly in the retail commerce of watches and jewelry, in the construction of candles and waxed lighting wicks and similar goods, as a commercial representative that mediates in the sale of watches, imitation jewelry and similar goods, in the retail or wholesale commerce of frames and mountings for sunglasses and safety glasses spectacles or similar goods, contact lenses, spectacles, perfumes and makeup cosmetics and toiletries, candles and similar goods, clothing, retail commerce of other non-edible consumer products, that aren’t registered elsewhere via mail or online, franchise allowance services and relevant consulting, construction of jewelry-making, goldsmithing and silversmithing goods and parts of it, consulting in sales promotion issues (the “Products’’).
- General Terms
UPON ACCEPTANCE OF THE PRESENT TERMS, AS DESCRIBED ABOVE, YOU STATE EXPLICITLY AND UNCONDITIONALLY THAT YOU HAVE THE LEGAL AGE WHICH ALLOWS YOU TO BE BOUND BY THE PRESENT TERMS CONCERNING PURCHASE OF A PRODUCT THAT IS CARRIED OUT THROUGH THE WEBSITE.
The present Terms constitute terms and conditions under which the Company provides the users or the visitors with its products and services through the “EL-OW” e-shop. Τhe Website contains all the necessary information concerning the main characteristics of the Products, to the necessary extent, the combined price of the Products, as well as the payment and delivery of these.
We make every reasonable effort so that the content and the information appearing each time on the Website are, to the extent possible, accurate and true. However we do not give any representation, approval or guarantee, explicit or implied, in relation to the accuracy, comprehensiveness, correctness, update or absence of breach of the Website’s content, for any use, application or purpose, and especially in relation to the information transmitted through intermediary servers, as well as, those that either have the service provider as a starting point, or are chosen or modified by it, or have as a recipient a person chosen by the provider. The Company reserves in all cases the right to correct possible mistakes or to modify or update the Website at any given moment.
We have tried to illustrate, to the best possible extent, on the Website the shapes and colors of the Products. However, we cannot guarantee how these elements will be shown on your computer. Additionally, the photographic depiction on the Website of Products that constitute handmade constructions and of their separate characteristics (such as indicatively the colors, the shape and/or the material with which they are constructed), may slightly vary from reality. Therefore, by placing an order you accept explicitly and unconditionally that any characteristic of any such Product ordered by you may slightly vary, upon its construction, from the final product delivered to you.
Any Product offers are valid until our stock runs out.
As long as you wish to, you can register and open up an “account” on the Website, by filling out the relevant electronic registration form found there. Upon completion and submission of this form you accept explicitly and unconditionally the present Terms in their entirety, as well as the fact that all the transactions carried out with the Company will be subject to these Terms.
We reserve the right to dismiss any registration or/and to deactivate at any given moment the account of a registered user, if we deem it necessary for any reason.
The registration is strictly forbidden to users under 18 years old or to any user whose right has been suspended or taken away by the Company’s system for any reason.
Every registered user cannot have more than one active accounts on the Website. Additionally, it is forbidden to registered users to sell, exchange, or in any other way transfer their account to third persons.
Once you complete and send the relevant order form found on our Website, according to the present Terms, we will send you a message to the e-mail address you will have registered, where we will confirm the particular order and send you the order number. The sale contract between us will be deemed as concluded once you receive our confirmation e-mail. The order is binding only if it has been accepted by the Company and the relevant confirmation e-mail has been sent to you.
In case the product is out of stock, the Company will contact you and will either offer another similar product or cancel the order by returning you the entire sum of money you paid for the purchase of the Product and the delivery expenses, if your order had been paid via a debit or credit card.
In case you place an order that contains more than one Products, we will process the order according to your instructions, namely either all in one or by several deliveries.
During the time that your order is pending to be submitted, you will be able to cancel your order or to change the information you submitted electronically while processing your order. Once you submit your order, you will not be able to modify it. Change or cancellation of any order is accepted only as long as the order email confirmation has not yet been sent by the Company.
You will have access to your order information after its conclusion by going to the section “My Account” and “My Orders”.
If upon submitting the order form it is explicitly stated that the completion of your order requires that the total price of the chosen Products is paid, you acknowledge and accept explicitly and unconditionally that by completing your order you are obligated to pay for the selected Products.
Upon the final submission of your order, you state and accept explicitly and unconditionally that you have been informed of the total price of the Products chosen by you, as such price is shown in the Website, and of any other kind of tax or added costs for sending, delivering or mailing and of any other expenditure as well as the fact that when such added costs cannot reasonably be calculated beforehand, it is possible nonetheless that such added costs are requested. The latter applies mostly to orders with delivery address outside the European Union, in which case you accept beforehand upon the final submission of your order that it is possible that import customs and taxes from the local Customs may be imposed, the amount of which cannot be calculated beforehand and will burden you exclusively. For more information you can contact the respective competent local tax authority.
The Products’ prices are displayed on the Website and are valid until the Company chages them. The Company has the right to change and correct at any given time any information in relation to the Products, prices and other information published on the Website. Any change in the Terms and prices will not apply to orders already paid by you and accepted by the Company.
The sale prices are determined in Euro and include the applicable VAT.
The delivery charges can change at any given time.
For the purchase of Products through the Website, the Company accepts the following payment methods:
- cash on delivery
- payment by credit/debit card. Accepted cards are Visa, Mastercard, Μaestro and PayPal.
For every delivery with a cash on delivery command, there is an extra charge.
Your credit/debit card will be debited after a control is run and the card’s details and validity are verified. The amount to be debited shall be available and will be withheld upon confirmation of your order by the Company.
You will be charged, apart from the price of the ordered Product, the respective delivery expenses of the Product through a courier company, as described in the term 7 herein below, as well as any additional charge as for example in case the user/visitor chooses the delivery of the ordered Product in a gift package. You will be asked to grant your consent for any such added charge every time before submitting your order. To make your purchase through the Website you must follow the instructions you will find therein. On the order form you will be asked to fill out the number and the expiration date of your debit/credit card. As the beneficiary of your debit/credit card, you are solely responsible of the accuracy and of the proper filling out of this information.
For orders over two hundred Euros (200 Euros), we offer free worldwide delivery.
The receipt for retail sale will be sent to you along with the ordered Product and in case you have chosen, upon the submission of your order, the sending of the ordered Product in a gift package, the receipt will be sent to you via email before the delivery of the ordered Product. If in the meantime you wish to check your account, we kindly ask you to visit the Website and check the sections “My Account” and “My Orders”.
6.Security of Payments/Transactions
Our Company does not, for safety reasons, save the details of any debit/credit card for future use and therefore you will have to re-enter the card details every time you make a new purchase. Upon filling out the details of your debit/credit card as requested by the Website’s Terms, you state explicitly and unconditionally that you have the legal right to use this debit/credit card.
The Company bears no responsibility in case of unlawful use of debit/credit cards.
Upon providing the details of your debit/credit card, you state explicitly and unconditionally that you agree to your card being debited the total amount of the purchase you make on the Website, including every possible added cost. In case the transaction with your debit/credit card is for any reason declined by the issuing bank or the network of the debit/credit card (indicatively mentioning reasons such as exceedance of the credit limit or suspicion of fraud), then the purchase will not be executed. In this case, instead of the usual email for the confirmation of your order, you will receive an email from the Company stating explicitly that the transaction was not completed successfully due to reasons relevant to the methods of payment.
- Products Delivery
The company ships products within the Greek territory, as well as throughout Europe and the USA. Please make sure that the shipping address you enter, when submitting your order, is correct. The estimated delivery date of the ordered product, as well as the relevant tracking number of the order will appear in the email which will confirm your order. It is clarified that the estimated delivery date should be used only as a guide and under no circumstances should it be considered as a guaranteed delivery date of the order.
We aim to send for delivery all orders we receive within the next working day after their final submission, on the condition that the latter is taking place no later than 2pm. If an order is submitted after 2pm, on the weekend or on a national holiday, it will be acted upon by our company the very next working day. Working days do not include Saturdays, Sundays or national holidays.
The delivery of the ordered products to an EU country will take place no later than 30 calendar days from the conclusion of the agreement of sale.
Orders are delivered to the designated shipping address between 9am and 5pm (Greek time).
The delivery of the ordered Products is carried out by cooperating courier companies to which the Company forwards your information that is required for the delivery and the execution of the order, such as your first and last name, the shipping address and the contact phone number.
You acknowledge and accept explicitly and unconditionally that, as long as the Company undertakes the shipment of the products ordered by you, the risk of their loss or damage is transferred to you when you or a third party, other than the courier, take physical possession of the Products. However, without prejudice to any rights you may have against the courier, the risk is transferred to you upon delivery to the courier, if the courier has been instructed by you to transport the products and this option was not offered by the Company.
The delivery of your purchase may be delayed, without any responsibility of the Company, for the reasons indicatively listed below:
Due to extreme weather conditions or strikes or international customs issues or other incidents of force majeure. In this case, the Company will contact you by phone or e-mail in order to confirm if you still wish to have your order delivered after the above events or you wish to cancel your order when, in such a case, the Company will refund the amount you paid for the purchase of the Product and any shipping costs.
In case it is impossible to contact you by phone or e-mail (if, for example, there is a problem with the order, either in relation to the Product or in relation to its payment), because e.g. the information you entered in the order form is not correct.
Delivery of the products will take place once the person found at the address designated by you signs the receipt of your order. For this reason, please make sure that someone is available to pick up your order and sign for it.
If there is no one to pick up and sign the receipt of the order at the shipping address provided by you, the cooperating courier company will inform you with a relevant message in your mobile phone or landline, on the one hand that it was not possible to deliver your order due to your absence, on the other hand where and how you will be able to receive your order. In case it is not possible to contact you regarding the place and time of delivery of the ordered product, the latter will remain at the store of the cooperating courier company for ten (10) days, while at the same time a relevant informative message will be sent to you by mobile phone. In this case, the risk of damage or loss of the products is transferred to you. In case you do not receive your order within ten (10) days from the store of the cooperating company, the ordered Product will be sent back to the Company and will no longer be available for delivery.
Right of unjustified withdrawal
You have the right to withdraw for any reason (“unjustified rescission”) from the sale contract within fourteen (14) days from the day the Product was received by you or by a third person indicated and authorized by you. In case of an order consisting of several pieces delivered to you in parts according to your choice, the above period of unjustified rescission begins from the day on which you received the last part of the above order.
In case of withdrawal, you must inform the Company of the withdrawal decision with a relevant explicit statement. Unjustified rescission of orders made from the Company’s website can be done in three different ways:
- Through the contact form available at the “Customer Service – Contact” link. Specifically, you will be able, without taking any previous action, to select the “Contact” link located at the bottom of the website and by filling in your details to contact the Company directly for any issue, even for the order rescission. Requests for rescission of orders that will be made through this form will be processed by the Company within 24 hours from their receipt and you will be informed of their progress via email.
- By email to the Company email address mentioned at the beginning of these Terms. In this case as well, the requests regarding order rescission will be processed by the Company within 24 hours from their receipt and you will be informed of their progress of their progress via email.
In any case, the Company must be informed of your intention to rescind your order without justification within the aforementioned deadline of fourteen (14) calendar days. In case of out of time withdrawal, i.e. rescission which is notified to the Company after the 14th calendar day from the receipt of the product (or the last piece of an order consisting of several products), you will lose this right and the Company will be entitled to refuse the refund according to the provisions of the legislation.
In case of legal and timely withdrawal according to the above: a) the Company will refund the amount of the price you paid for the purchase, including shipping costs (if they were charged at the time of ordering), without unjustified delay, within fourteen (14) calendar days from the date of your request in accordance with the above. If the purchase was made using a debit/ credit card, the refund will be made by bank transfer to your debit / credit card used for your purchase. Otherwise, if the purchase was made by cash on delivery, the Company will contact you directly, via email or by phone, so that the refund can be made by bank transfer to an account that you indicate, without any additional cost and b) you will return the product to the Company (at the address mentioned at the beginning of these terms) in its original condition, repositioned in the special package in which you received it, with all the labels and the accompanying documents in excellent condition. The return of the product must be done without unjustified delay and in any case within fourteen (14) calendar days from the day of sending the withdrawal request to the Company. In case you choose a method of delivery of the product different than the original offered by the Company, you will be charged with the cost of returning the product through a courier company of your choice, in accordance with applicable law. It should be noted that the Company may at its discretion withhold the refund of the price until it receives the returned product or until you provide proof that you sent the product for return, whichever happens first.
You explicitly and unconditionally agree that you will be responsible for any reduction in the value of the product in the event of its use other than that necessary to determine its nature, characteristics, and function at the stage of testing provided by the law.
In case the Products are returned damaged or incomplete, the Company has the right to request compensation from you, the amount of which will be determined by the condition of the products, and to proceed unilaterally and without anything else to total or partial offset of its claim. The above right of withdrawal does not apply to the supply of products which were made to order and according to the specifications of the user/ member or are clearly personalized. In any case, each such non-returned product will bear a relevant indication when posted on the website, through which the user/ Member will be informed in advance of the fact that these products cannot be returned.
8.2 Product returns due to delivery error
In all cases in which other than the ordered products are delivered, by type or quantity, you will be able to return the products to the Company to check and determine the error. In this case, the costs of returning the products to the Company, as well as the costs of returning the ordered products to you are borne by the Company, as long as the method of return proposed by the Company is observed. The Company will return the product to you within the time limit specified in the Article 7 above, which will begin as soon as the Company sends you an email confirming the error.
8.3 Returns of defective products
In case of a substantially defective product or a product whose characteristics differ substantially from those of the ordered one, you must immediately inform the Company by by sending a relevant email with an accurate description of the situation. At the same time, the product must must not be damaged and must have all the original documents that accompanied the product, eg retail receipt and its complete packaging.
Then, in consultation with the Company and upon receipt by the latter of the defective product and determination of the reported defect, you are entitled to, alternatively:
- Request correction or replacement of the product, at no charge to you, with the exception of exceptional cases in which the correction or replacement is impossible or requires disproportionate costs on the part of the Company.
- Either to receive another similar to the returned product or to withdraw from the contract as mentioned in c) immediately below, in case the replacement of the defective product with another same product is not possible on the part of the Company due to lack of availability.
- To withdraw from the contract. In this case, you must inform the Company via email and then, in consultation with the Company, send the product to it through the cooperating courier company. Upon receipt of the defective product, the Company will immediately return the total amount you paid for the purchase of the defective product, as well as the initial shipping costs of the product, if these were charged at the stage of your order, according to the specifically defined in Article 7 hereof.
In case the products are returned damaged or incomplete, the Company has the right to request compensation from you, the amount of which will be determined by the status of the products and to proceed unilaterally and without anything else in full or partial offset of its claim.
- Intellectual Property Rights
The content of the Website, including trademarks, logos, texts, graphics, images, photos and software, constitute copyright of the Firm and are protected by the relevant applicable Greek and international legal provisions. Furthermore, the design and presentation of the Website, and its options also constitute creative work belonging to the Company’s copyright.
Any copying, analog/digital recording and/or mechanical reproduction, distribution, transfer, downloading, manufacturing, sale, derived work creation or misleading of the public regarding the original provider of the aforementioned content of the Website is not allowed.
Any reproduction, republication, upload, announcement, dissemination or transmission or any other use of content by any ways or means for commercial or other purposes is allowed only after prior written authorization of the Company or any other lawful proprietor of the aforementioned intellectual property rights. The image of the aforementioned content on the Website is not able to be considered as license transfer or assignment or right of use by any means of any of the aforementioned data.
The Company name or/and the Website title or/and any of its logos are not allowed to be used by any third party and for any reason without precise, prior written authorization by the Company.
- Limitation of Liability
The Company is not liable and is not subject to any liability for indemnification for any defect or damage arising from cancellation of orders.
We do not guarantee availability of products displayed on the Website but we inform the user, according to the information that we maintain, if it is available or not and, if there is a change in that information, we undertake to inform you promptly regarding the availability when again in such a case we are not subject to any further liability.
Under no circumstances is the Company liable under civil or criminal law for any damage (positive, special or consequential, which indicatively and not exclusively, alternatively or/and cumulatively constitutes a loss of profit, data, profit etc) that a user or third party may experience for a reason concerning the operation or not and/or the use of the Website and/or the inability to supply Products and/or information that is available by such user/third party and/or by any non-permitted interferences of third person to products and/or information provided by such third party.
The Company is not liable for negligence, but only for its willful conduct or gross negligence.
The Company is not liable for any direct or indirect, positive or consequential damage of the users-visitor of its Website due to illegitimate actions of third persons (e.g. interception or decoding of passwords and data), transmission of viruses at the time of using the Website or reproduction (download) of items of its content or problems, that possibly arise when using computers (e.g. loss of data etc.).
The Company is not liable if, in case of and for any reason, including the case of negligence, the operation of the Website is suspended or access is difficult or/and impossible or/and, despite the compliance with security measures, “viruses” or other harmful software are detected and transmitted to the terminals of the users/visitors, or if third non-authorized persons intervene by any means to the content and to the operation of the Website by disabling the Website’s use or cause problems in its operation or by intercepting information that may relate to user’ s personal data.
Furthermore, the Company is not liable for any access downtime to the Website for reasons that diverge from its sphere of influence, and also for reasons concerning technical or other defect of the network or for reasons of force majeure or accidental events.
- Liability of the Website User
You explicitly agree and undertake to use the services, information and data of the Website according to the law and on the basis of rules of good faith and commercial practises.
You are obliged not to use the Website or the Facebook/Instagram accounts the Company holds for sending, posting, sending via email or transmission by other means:
- Of any illegitimate for any reason content, that causes illegitimate offence and damage to the Company or to any other third person or violate the confidentiality or the restricted information of any person
- Of any content, that causes violation of fair dealing, social values, underage status etc
- Of any content, for which users have no right of transmission according to the law or valid contracts,
- Of any content, that violates any patent, trademark, trade secret, copyright or other rights of property of third persons by any means,
- Of any material containing software viruses or any other codes, files or programs that have been designed for the purpose of downtime, cause of damage, destruction of the operation of any software or computer material, or for: willful or unwilful violation of the applicable law or provisions, harassment of third persons by any means, and also the collection or storage of personal data regarding the other users.
Moreover, you are obliged not to use the Website the Company holds or the Facebook/Instagram Accounts in order to post content or other means of communication that contains (a) political or other illicit, abusive, illegitimate, inappropriate, untrue, inaccurate, menacing, insulting, vulgar, aggressive, defamatory material or content that urge on actions punishable under criminal law, (b) any type of advertisements, (c) personal data (as Tax Identification Numbers, addresses, dates of birth, telephone numbers etc.), (d) classified information regarding the Company or its associates, spam, chain letters, fake emails, contests and promotional material, (f) messages that provide unauthorized use of content that is subject to copyright or personal information and (g) information similar or related to the aforementioned.
Furthermore, you agree and explicitly and implicitly accept that all parties, the associates, the employees, the administration, the shareholders and other associates of the Company are not liable by any means for any action of those mentioned right above that any registered user has performed.
The Company is not liable for material with the aforementioned features, which derives from third parties and is displayed on the Website.
Any use that is contrary to the aforementioned shall result, apart from any applicable civil and criminal sanctions, to deletion without any notice of this content and simultaneously deletion of the account that violates the present Terms.
- Third party links on the Website
The Website may interact with other websites via links only for convenience of the users-visitors/registered users. The Company is not liable for any direct or indirect damage of the users/visitors, that may arise from use of the ability to connect with another website via links or from the use of data and information, that are contained in any similar website.
- Protection of Personal Data
- Applicable Law/Jurisdiction
The present Terms are governed by Greek law. In case any of the Terms is deemed as void and/or non-enforceable, even partially for any reason, the remaining terms that are not affected shall continue to apply and shall remain in full force. The Courts of Athens shall be competent to rule on any dispute that may arise in relation to these Terms.
- Conflict Resolution/ Agreement on Jurisdiction
It is to be indicated that the aforementioned procedure operates as an extrajudicial settlement process providing the Company with the ability or the user to withdraw from the process at any stage, but before the issuance of decision, when the Alternative Dispute Resolution body (hereafter “ADR”) drafts a minute of failure and afterwards, in case one or both parties wish, a process of dispute resolution before the competent courts follows according to the art. 15 above.
The Company recognizes as a gesture of good faith the consulting character of the decisions of the Authority that may review the issue, but is not bound to enforce those decisions.
The Company is not liable for any breach of the present Terms that may be due to an event of force majeure, as well as, for any delays caused by events that fall out of its control, such as indicatively extreme weather conditions, earthquakes, floods, fires, emergency situations, disasters, strikes within the Greek Territory or abroad, wars, terrorist actions and in general, any event that does not allow the proper execution of the orders. The Company shall proceed to all necessary actions in order to comply with its obligations within a reasonable period of time.
The Company may enter into agreements for the assignment of its obligations to any appropriate third person.
The non-exercise of the Company’s rights arising from the present Terms shall not be considered as a waiver from those rights.
Browsing, access and use of the Website and of the relevant services take place exclusively at each visitor’s/user’s own risk. The Website’s content does not constitute and shall not be interpreted in any case as offering of any advice or incision, direct or indirect, towards the users to perform any action.