Terms of Use

Terms of Use

 

Preamble

 

This E-shop constitutes the e-presence of the Private Company under the name “TEXANIMA PRIVATE COMPANY” and the trading name “REDI-FOX” (TIN 800718083 1st Thessaloniki Tax Office), hereinafter referred to as the “Business”. The seat of the Business is at the end of Kalvou str. (termaKalvou) in Oreokastro, Thessaloniki.

The Business has created this E-shop which operates only in order to promote the products thereof (hereinafter referred to as the “Products”) through the internet; in order for the customers to place an order and purchase the Products remotely as well as for the Business and the customers and the users to communicate with one another on matters that concern its activities and its Products.

It is assumed that the customer or the user has read, understood and fully and unconditionally accepted these Terms of Use simply by visiting the website and the E-shop; that he is bound by these Terms of Use as a whole and he undertakes the obligation to comply with them. In case that any customer or user disagrees with any of the terms, he must abstain from any use of the website and the E-shop as well as any transaction over the said website or E-shop. These terms are fully compatible with the applicable Greek and European legislation and the customer or user acknowledges the right of the Business to modify the provisions of the said terms to the extent that it does not concern its obligations arising from the law nor any existing relations are affected.

In the course of the obligation to notify and safeguard the customers or users of the website and the E-shop, we inform you on the following matters:

1.      Order –registration of the customer

The customer who wishes to place a purchase order through the e-shop shall follow the procedure provided on the website (guest) or register to the e-shop. The registration takes place once upon the first product purchase. In this case the customer must register his full name, the delivery address for the products, his email and a telephone number.

The customer must inform the e-shop on any change to the aforementioned data.

The Business shall never ask of the customer to register on the website or send via email upon his registration or later on any information on his credits cards, bank accounts or in general any bank related information except for the case of article 8 hereof when the contract is terminated and there shall be money refund pursuant to article 9 herein.

Moreover, the customer has the possibility to register for the newsletter of the Business in order to receive notification on the activities and the products of the latter. At any time after his registration to this service, the customer may ask of the Business to stop sending the relevant newsletter by selecting through the e-shop the relevant link included in any newsletter that he receives.

2.      Products for sale

The characteristics, prices and other qualities of the products for sale (such as: jewelry, watches as well as faux bijoux, clothes and accessories (handbags, belts, etc.) are available and the customer may collect all the necessary information by following the search instructions provided on the website.

3.      Products’ order and consumers’ protection

The placement of the purchase order on the e-shop signifies the conclusion of a distance selling contract that falls within the scope of Law 2251/1994 as amended by the Ministerial Decision Z1-891/2013 (GG B 2144/30.8.2013 – Adaptation to the Directive 2011/83/EU) and as codified, amended and applicable based on the Ministerial Decision 5338/208 (GG B 40/17.01.2018) and the Ministerial Decision 85090/2018 (GG B 3519/21.08.2018). The said contracts through the e-shop are concluded in Greek and in English.

The customer has the possibility to place a valid order through the e-shop when he is capable by law according to the provisions of the Greek Civil Code (when he becomes of age and there is not any full, partial or assisted incapacity mandate as to the conclusion of a purchase contract) and the Business reserves the right to claim any order placed by the incapacitated person from the custodian or the guardian.

4.      Placement of an order

a.      The customer shall select the product he wishes to purchase from the e-shop and add it in his basket. The description, the characteristics and the codes of each product are provided next to it along with the price thereof that includes the legal VAT. When the customer has selected all the products that he wishes to purchase, he shall be informed by the e-shop on the total amount thereof including VAT, the delivery costs as well as the payment upon delivery if he chooses this means of payment. Then the customer chooses the means of payment of the selected products.

b.      The Business guarantees that the products on the e-shop are available and in any case it undertakes the obligation to notify the customer immediately on any non-available product.

c.       Upon the placement of the order, the customer shall receive by email a copy of the order which could be stored.

d.      The customer also has the possibility to contact the Business on any matter related to his purchases by telephone to 2310658102 or by email at redifoxorders@gmail.com. The Business shall contact the customer at the indicated email address or his telephone number if he has provided the latter upon the placement of the order. The customer must notify the e-shop on any change of his email or his telephone number if he has provided the latter.

e.      The Business has the right to change the prices of the products without any prior notification to the customers. In any case the price indicated next to the product shall be valid upon the placement of the order.

f.        In case that the products of the Business are on discount, these prices shall apply until stocks are exhausted.

5.      Place of dispatch – means of payment

a.      The place of delivery of the products on the e-shop might be anywhere in Greece.

b.      The customer may choose to pay for the products either by credit, debit or prepaid (PayPal) card or by deposit to a bank account or upon delivery in cash.

In particular:

                                i.            Payment by credit, debit or prepaid (Paypal) card: The Business has entered into a contract for the provision of management services for transactions with payment cards online with the National Bank. The users-customers may transact using debit, credit or prepaid cards through the hardware and the software of the Bank, i.e. the System of the Bank.

The System of the Bank operates based on technical and operational security standards that regulate the way to manage the sensitive data of the holders of the card – customers.

The customer of the Business/E-shop – the holder of the card logs in to the e-shop and orders the products he wishes. When he chooses to pay the price of the transaction using a card, he is transferred from the e-shop of the Business to the System of the Bank. There he inserts the data required on the screen that pops-up by placing the payment order by debiting his card.

The holder needs to provide the following information according to the pop-up screen:

1)      The card number

2)      The month and the year of expiry of the card

3)      The card verification value indicated on the reverse side of the card.

The System of the Bank receives the information of the card on behalf of the Business according to the rules of the security standards PCI DSS as applicable from time to time.

Upon the successful completion of the transaction, the Business provides to the customer a screen with all the details of the transaction, the price in Euro as well as the individual reference number in order for the customer to communicate with the Business with regard to this particular transaction.

            II. Payment by deposit to a bank account: The bank account of the Business is:

            IBAN GR2401108310000083100409594 National Bank of Greece

            In this case, the order shall be completed upon the final confirmation of the payment

by the bank.

III) Payment upon delivery in cash: The customer shall pay the price of the products and the delivery costs upon their delivery at the place of delivery that he has indicated in his order. The payment shall be made to the partner of the Business who delivers the products.

6.      Place – time of delivery – Delivery charges

a.      As for the dispatch of the products, the delivery thereof and the payment upon delivery, given that the customer has chosen this means of payment for his order, is carried out by the courier company “SPEEDEX S.A.” seated in 24 Seneka str. P.C. 14564, Kifisia, Athens that is contracted with the Business.

b.      As for the deliveries in Greece, the charges are the following:

1.      For orders overforty (40,00€) euro:

Delivery charges and payment upon delivery costs FREE

2.      For orders up toforty (40,00€) euro:

Delivery charges three (3,00€) euro and

Payment upon delivery costs two (2,00€) euro

c.       The time of delivery of the products* by the courier company varies from one (1) until ten (10) days from the day of the placement of the order.

[*the time of delivery is illustrative, it refers to working days from the day of the delivery of the products to the courier company and might vary depending on the circumstances].

d.      If the Business does not fulfill its obligation to deliver the Products within the deadline of paragraph c, the customer is entitled to ask for the delivery to take place within a new agreed deadline. If the Business does not deliver the products within this new deadline, the customer is entitled to terminate the contract. In this case, the Business is obliged to refund the total amount paid according to the provisions of article 9.

e.      Upon the placement of the order, it is presumed that the customer agrees that in case on non-delivery of the products at his fault, he shall refund the delivery charges and the packaging costs to the Business. 

7.      Replacement

In case that the Business sends to the customer either a product that has defects (e.g. it is destroyed in its packaging during the dispatch etc.) or a product that is not the one that the customer ordered, then the latter has the right to return the product to the Business for replacement. The Business bears the costs for the return of the defect product or the non-ordered product and the replacement thereof.

The product may be replaced only when and under the condition that the customer notifies the Business thereon within three (3) days from the delivery of the product. Upon the expiry of this deadline, it is not possible to replace the product. Moreover, especially in the case that a product other the one ordered has been delivered to the customer, the said product may be replaced only if it is in the same condition as when delivered and without having unsealed the packaging thereof.

The replacement request may be filed online by email at the email address a) texanima2016@gmail.com  b) redifoxorders@gmail.com or by telephone at 2310658102.

In case that the sold product is unique and hence if it is a defect, it will not be possible to replace it, then the total amount paid shall be refunded.

In case that the sold product is earrings, it will not be possible to replace them in case of a defect for hygiene reasons and for the protection of public health and so the total amount paid shall be refunded.

8.      Termination

a.      Under the condition that the customer has paid more than thirty (30€) euro, he is entitled to terminate the purchase contract and without providing for any cause within fourteen (14) calendar days from the day that the customer or any third party other than the courier and indicated by the customer got the product in his possession. Upon the condition that the Business has first received the product along with the purchase receipt or the purchase invoice, it shall refund the price to the customer without any further delay and in any case within fourteen (14) calendar days from the day that the Business shall be notified on the termination of the contract.

b.      The termination of the purchase contract is possible only if the product sent back to the Business is in the same excellent condition as received by the customer, i.e. it is not used and its initial packaging has not been unsealed.

In particular, the right to terminate the contract does not apply in the case of any product of the Business that may be altered and due to its nature e.g. earrings and for hygiene reasons and the protection of public health are not suitable for return after they have been delivered.

c.       In order to exercise his right to terminate, the customer must notify the Business thereon in any of the following ways:

                                I.            By sending by mail or by submitting online the termination sheet included in part B of the Annex of Law 2251/1994 as codified, amended and applicable based on the Ministerial Decision 5338/208 (GG B 40/17.01.2018) and the Ministerial Decision 85090/2018 (GG B 3519/21.08.2018).

                              II.            By filing in and submitting online the special termination sheet uploaded on the e-shop (here) within the fourteen (14) calendar days deadline mentioned above.

If the termination is filed within the aforementioned deadline, the Business shall accept it by notifying the customer thereon.

9.      Money Refund

a.      The money shall be refunded to the customer in case of termination in the same way as he has chosen to pay for the product when purchased unless the customer has expressly agreed otherwise. In any case there shall be no charges on the money refund. If the customer has paid upon delivery, by credit, debit or prepaid (Paypal) card or by deposit to a bank account, then he shall indicate on the termination sheet the bank account that he wishes for the money to be deposited.

b.      If the termination occurred at the fault of the Business, then the latter shall bear the return costs at its expenses. In case that the customer terminates the contract and the Business has no fault, then the customer shall bear the return costs.

c.       The products are returned at the seat of the Business at the address:

 

TEXANIMA P.C.

“REDI-FOX”

TermaKalvou 0, P.C. 57013

Oreokastro, Thessaloniki

 

The Business wishes to provide the customer with the best possible services and so the customer is entitled to file any complaint online by filing in the relevant form uploaded on the e-shop of the Business (here).

10.  Liability of the company – Risk

a.      The Business is not liable for any delay or non-performance of the order due to force majeure such as a strike of the transportation means, etc. The Business in any case is entitled to an extension of the same duration in order to perform its obligations.

b.      The Business bears the risk of loss or damage to the products until the customer or any third party indicated by the customer other than the courier has got the products in his possession. The risk is transferred to the customer upon the delivery of the products to the courier in case that the latter has been chosen by the customer in order to transport the products and the said choice has not been given to the Business.

c.       The Business guaranties the completeness, validity and accuracy of the information included in the e-shop regarding its products notwithstanding any technical or typing errors that were unintentional and not serving any other purpose. The Business is not responsible for any direct or indirect material damage or loss of income that might result from the incapacity to use the website www.redi-fox.boutique as well as for any errors, irregularities, defects or delays regarding its operation.

c. The Business has introduced all required measures as provided by common practice to ensure high level security and protection exclusively and only for the e-shop and its systems and it undertakes the obligation to update its security systems and use antivirus programs. Given the nature of the internet, the business does not guaranty the inexistence of any viruses on its website and is not liable for any damage to the equipment, software, files or any other damage to the user or the customer by any virus or malware of any kind.

d. The Business and its partners are not liable for any damage to the user, customer or any third party due to the illegal and unfair use of the website and the e-shop by the user, the customer or any third party in breach of these terms of use or the applicable legislation.

11.  Liability of the customer – user

a.      The user and the customer use the e-shop on their own responsibility according to these terms of use and the instructions of the Business from time to time which are uploaded on the website, only and exclusively for the purposes mentioned in the preamble herein. Any other use of the e-shop is prohibited. Primarily, the user and the customer are obliged to abstain from any use of the e-shop that aims to:

                                I.            The collection, processing or storage of personal data of the customers.

                              II.            The sending of email, the publication and in general the transmission in any way of content that is illegal and violates third parties’ rights.

b.      The user and the customer need to have installed on their computer the latest updates of the programs, software and anti-virus software and other relevant programs for the protection of data and computers (antivirus programs, antispyware, firewalls, etc.)

c.       The user and the customer are liable for any damage to the Business resulting from their actions or omissions as well as any illegal and/or unfair action or breach of contract while using the website and the e-shop.

12.  Intellectual and Industrial Property Rights

a.      The use of the website and the E-shop and the content thereof by the user and the customer does not establish any kind of right thereof on the designs of the products, the works, the components and the material which are the subject of intellectual or industrial property rights of the Business or any third parties and which are accessible through the website.

b.      It is prohibited for the user, customer or any third party to use the website, the E-shop or the content thereof for profit such as:

                                i.            The broadcast, publication, adaptation, distribution, presentation to the public, deletion, print-out, copying and download of any part of the content.

                              ii.            The reproduction of the content of the E-shop for commercial or other purposes.

c.       It is also prohibited to counterfeit or falsify the E-shop or the content thereof in any way, partly or wholly, in any form and by any means. In particular, the user is not allowed to:

                                I.            Extract or reuse the entire or part of the database of the E-shop. The user is not allowed to carry out any act that comes up against the appropriate use of the said database or violates the legal interests of the beneficiary thereof or damages the owners of the intellectual property rights or related rights thereon.

                              II.            Carry out any reverse engineering or recoding of the source code of the website or access without authorization the software, system, individual computer or computer network or/and file of the Business or hack the website and in general any system in any way.

                            III.            Circumvent any technological measure that has been introduced in order to prevent any act that is not approved by the Business that is carried out in the knowledge of the user or there are reasonablesuspicions that he was aware of the consequences of his actions.

                            IV.            Counterfeit or falsify the trademark, the business name and any other distinctive sign, design and standard of the Business or any third party that are published on the website. The upload of the said signs on these website does not constitute any transfer or license to use or assignment of right to use to the user.

d.      In particular, the publication by any third party on other means, electronic or paper, of photographs of the E-shop is allowed under the condition that they are not used for profit, they are not altered nor falsified, they refer to the source of origin thereof and the use thereof does not infringe any copyright rights or third party’s intellectual property rights.

e.      In any case of infringement or any risk of infringement of the intellectual or industrial property rights or any related right including  the special right of the owner-creator of the website and the E-shop, the Business as well as any third party’s rights, the aforementioned persons are entitled on a case-by-case basis to claim for damages or the imposition of administrative or criminal penalties against the person who violated or intends to violate the aforementioned rights according to the law.

13.  Security

The website www.redi-fox.boutique has introduced any means appropriate for the security of online commercial transactions and uses the SSL security protocol (Secure Socket Layer) also known as the electronic security certificate.

14.  Personal Data Protection

In order to carry out any transaction over the e-shop of the Business so as to place orders for the products, the customer – user must communicate certain personal data. His full name, the address where the products will be send, the telephone number and the email will be required.

The Business processes these data in compliance with the European Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the relevant legislation on the protection of personal data with the sole purpose to execute the order that has been placed by the customer which shall not be revealed, communicated or sold to third parties under any circumstances.

When the customer of the E-shop of the Business chooses to pay the price via credit card then he is directed to the Bank’s system and enters the information required on the pop-up screen, i.e. the card number, the month and the year of expiry of the card and the CCV number of the card that is mentioned on the reverse side thereof. The Bank’s system receives the data of the card on behalf of the Business pursuant to the provisions of the PCI DSS security standards as applicable from time to time.

The Business is liable for ensuring the confidentiality of the personal data of the users of the website www.redi-fox.boutique as provided by the latter themselves; the collection and storage of the personal data of the users on our databases are subject to your consent and take place in compliance with the applicable legislation.The users of the website www.redi-fox.boutique may request from their registration data to be modified (those that we ask based on the European Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and the relevant legislation on the protection of personal data upon the online registration of each user) by sending an email to the email address info@maniel.gr. The Business has the right to communicate information on the products or activities thereof as well as its commercial partners (newsletters) via email only upon the express consent of the user – customer and his registration to the relevant service (newsletter). The user has the right to revoke his consent at any time and immediately stop receiving this kind of information.

The privacy policy of the Business is presented in detail in the respective separate section.

15.  Links

a.      The Business might from time to time upload on the website of the E-shop links to third parties’ websites, mainly social networks. The Business is not liable for the content of these websites as it does not review any of them and it not related in any way to the owners thereof. The Business does not warranty to the users the quality nor the accuracy of the information included in these websites.

b.      The redirect to the E-shop through links included in third parties’ websites is prohibited unless the Business has consented in writing in advance.

16.  Modifications – Cease of operation

a.      The Business has the right to modify the terms of use within the scope of the applicable legislation and upload the modified text thereof online. Any use of the website by the user or the customer after the modification thereof signifies the acceptance of the said modifications.

b.      The Business has the right to modify the content of the E-shop, add or remove products, information and data and temporarily or permanently cease the operation thereof, when it is deemed necessary or prudent.

c.       The user or the customer is informed through the respective website of the E-shop on any modification to the terms of use and thetemporarily or permanently cease of the operation thereof.

17.  Applicable law – Jurisdiction

These terms of use are subject to Greek Law. Any dispute that arises from or relates to these terms of use shall be brought to mediation according to the Regulation on Mediation of the European Organization for Mediation and Arbitration (EODID) that shall take place in Thessaloniki.

 

Date of upload/last revision of the terms of use: 4/12/2019