Terms of Use

Terms of Use

OBJECT
This website (tokouklospito.gr) is the online Store for the sale of products via the internet (hereinafter “Store”) of the Company under the name “To Kouklospito”, with TIN. 123736455, with physical Store at the address Ath. Vintzilaiou 2, p. 14123, Lykovrysi, Tel. 21082838842, (hereinafter “Company”). The terms of use of the Store are clearly and comprehensibly included here. Furthermore, each contract concluded through the Store is governed by the terms mentioned herein as well as those, as the case may be agreed between the parties. Any other terms are expressly excluded. Without prejudice to the principle of good faith and user ethics and, in general, to the provisions governing legal acts, in particular those concluded remotely (where applicable), every user who enters and uses the services of the Store is considered to consent and unconditionally accepts the terms expressed herein, without exception. If a user does not agree with these terms, he must abstain from using the Store and from any transaction with it.

 

RIGHTS, OBLIGATIONS AND RESPONSIBILITY OF THE PARTIES

  1. The Store may contain links or indications regarding other websites owned and operated by third parties. The Company does not handle or control and therefore does not bear any responsibility for any information, product or service contained therein. Therefore, for any problem that arises during their visit or use, you should directly contact the legal representatives of these websites, who have the relevant responsibility for the provision of their services. The Store may, for any reason and without notice, change these Terms but will make every effort to indicate any changes to these Terms. The continued use of this website by users after the effective date of any changes to these Terms will be construed as acceptance by users of such changes.
  2. The Company does not declare in any way that the information contained in the documents and announcements published on this server is appropriate for any purpose. Any such document and related graphic representation is provided “as is” without any warranty of any kind.
  3. The Company does not bear any responsibility or obligation to compensate for any damage (including compensation for non-pecuniary damage) arising from the inability to provide support services.
  4. By using the Store, the user declares that he agrees that the use is made at his own risk and acknowledges that, although the Company makes every effort to provide high quality services, it is not possible to guarantee that there will be no interruptions in use or errors in the content of the Store. The photos of the goods are indicative. The user can examine the goods in the physical Store of the Company.
  5. The Store user (which includes any person who uses the Store, with or without rights of use, with or without connection, as well as anyone legally liable for acts of a third party who uses it, e.g., the legal guardian of a minor, states that it is legally able to enter into a contract with the Company through the Store, as well as to make use of the Store under the terms and conditions set forth herein. User accepts that he is personally and financially responsible for each use of the Store, even if the use of the Store is made by others, e.g. persons residing with him. The registered user agrees to prohibit any use of the Store to minors, who use his account or name.
    The user is free to use the Store in accordance with these terms, the law and good manners. The responsibility for the contents of the transactions lies solely with the user. The Company does not exercise any kind of correction or intervention in the data transferred by the user, who must fill in the fields correctly in the online contact forms.
  6. The user agrees and undertakes not to use the Store for:
    1. Posting, publishing, or transmitting in any way any content that is or may be deemed for any reason immoral (offends good morals, social values, minority, etc.) or illegal or, in general, offends, harms, or damages the Company or anyone third and their legal property
    2. Posting, publishing or transmitting in any way any content for which users are not entitled to transmit in accordance with the law or applicable contracts (such as inside information, property and confidential information obtained or disclosed as part of an employment relationship or covered by agreements as well as any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of the software or contains malicious software for the purpose of interrupting, causing damage to, destroying or equipping the operation of any software or hardware computers,
    3. Any other intentional or unintentional violation of applicable law,
    4. Any collection or storage of personal data about other users.
    5. Without prejudice to any other rights of the Company, any use to the contrary to the above may result in termination of services provided without any notice. The user agrees that the owner of the Company is not responsible for any breach of the above obligations by the User.

CONTRACT
For the conclusion of a contract with the Company (e.g., purchase of a product) through the Store, registration in the Store is not required (using “username” and “password”). During the purchase process, the user will be asked to login (if he is already registered) or to state the details to which the product will be sent. If the user wishes, he can either state a password, and thus his data will be saved for future transactions or not declare a password, so in future transactions he will have to repeat the declaration of the relevant data.

All that is required for registration is a name, mailing address, contact telephone and e-mail. This information remains strictly confidential, in accordance with the detailed information in this paragraph concerning Personal Data.

Orders are made in writing online by completing and sending the relevant form that exists in the Store. The contract is completed the moment the user receives an update of the order status with the indication “Sent”. Other updates on the status of the order are displayed on the user screen and are sent by e-mail to the contact email address entered by the user. During the processing of each registered order, the stock availability of the ordered products is confirmed. In case the availability or delivery time differs from the one indicated on the page of the product; the user will receive relevant information.

Before sending the order, the user, in addition to knowing the terms hereof, takes note of the following information:

  • That the counterparty of the user is the Company, the full details of which are mentioned here,
  • The main features of the products ordered,
  • The total price of the products, including VAT and any other charges as well as, where applicable, all additional shipping, delivery or postage charges and any other charges,
  • The payment, delivery, execution arrangements, the deadline within which the Company undertakes to deliver the products,
  • That the user can submit any complaint in any way and especially by phone to 2102838842 or by e-mail to info@tokouklospito.gr and that the Company, after examining the complaint will contact the user as soon as possible,
  • Given the use of the internet as a means of distance communication for the conclusion of the contract, there is no user charge on behalf of the Company for the use of the Store,
  • That the user has the right to withdraw in accordance with the conditions, deadline, and procedures for exercising the right listed below,
  • That the Company is liable for actual defects and lack of agreed properties in accordance with articles 534 et seq. of the Civil Code,
  • The operation of the Store is governed by the use of the current  Code of Ethicsof the Hellenic E-Commerce Association, to which the user can also contact for any complaint or request for redress.
  • The Company does not bear any responsibility and does not cover differences in the prices of products purchased from a physical Store of the Company and the user found afterwards the existence of a lower price in the Store or vice versa.
  • Any product offers are valid until stocks run out.
  • The Company is not responsible for any errors in features, photos and product prices listed in the Store and cannot guarantee that there will be no errors for any reason when entering and / or updating the features and / or price of a product. For this reason, in the context of good faith, if the user finds that a product is offered at an unusually low or high price in relation to its market value, before proceeding with the order, he must contact the Company by e-mail at info@tokouklospito.gr
  • The Company provides the possibility of ordering the products that are available through the Store or receiving the goods from the physical Store of the Company. The user has the option to select through the Store the good(s) he wishes to buy, paying the purchase price with cash or card, upon receipt of the goods at the physical Store. This order will be valid from the moment the user receives an informative e-mail about the dates of receipt of the order from the physical Store and for as long as it is mentioned in the said e-mail. If the user does not come to the Store and pay the price, within the above-mentioned deadline, the order will be cancelled, not liable to the Company for this reason. If the user abuses this feature (e.g. Repeated order without receipt from the Store), the Company may reject and refuse the order. For personalized products as well as special orders of all types, the user must prepay at least 50% of the total value of the product(s) to validate the order.

COPYRIGHT
The Store includes intellectual property material that belongs to the Company and is protected by law. All contents of the Store are copyrighted material of the Company (or third parties contracted with it) and are protected by Greek and international law. Any copying, reproduction, and retransmission of the material without the written permission of the Company is prohibited. In particular, the copyright of the contents of the Store, including, without limitation, all documents, files, texts, images, graphics, accessories, and code contained therein as well as the general image of the Store, are the intellectual and industrial property of the Store unless otherwise specified and are protected by the relevant provisions of Greek Community and international law. The appearance of this material in the Store in no case implies the transfer or assignment of their license or right of use.

The Store authorizes users to copy and print excerpts or documents from this website (except for content held by third parties and designated as such) for their non-commercial use, as long as any copies or excerpts of the documents of these or the pages obtained retain all copyright or other proprietary notices and any disclaimer contained therein. Except for this limited license, nothing in the Store shall be construed to warrant any other right or license relating to any copyright, patent or trademark of the Store and the Company or any third party. All logos of the Store and its trademarks may not be used or reproduced without the prior written consent of the Company. Unless otherwise specified, the copying for commercial purposes, modification, or reproduction of part or all the contents of this website in any form, based on it and / or its content, or the integration of electronic retrieval systems on other websites, is prohibited. No link in the Store may be included in any other website without the prior written approval of the Company.

 

INVOICING – PAYMENT OF PRICE
The invoicing of the users can be done either with a retail receipt, deliverable upon delivery-receipt of the goods, or with an invoice, if the user is a freelancer or a commercial Company.

For shipments of products within Greece, the user can choose as a payment method deposit in a bank account, Credit Card, or Viva Payments. In case of credit card selection, a corresponding charge will be made to the user’s card account. There is the possibility of cash on delivery after consultation. In this case, the user is obliged to pay the total amount to the courier employee who will present the parcel. Credit card transactions through the Store will be displayed on the user’s credit card account with the reason “Niki Pavlaki”. In the event that it is proven that a third party credit card has been fraudulently used through no fault of his own, this charge may be cancelled at the request of the Bank that issued the credit card, which must investigate the complaint. For this reason, any injured third party is obliged as soon as it realizes that this event has occurred to inform the issuing Bank, to cancel it and exclude its use by unauthorized persons.

Shipments of products outside Greece are made only through ELTA or ELTA courier and credit card charge.

DELIVERY – TRANSFER OF OWNERSHIP AND RISK
The products can be sent by the Company anywhere, to the place indicated by the user in the order form. Shipping costs depend on the total weight of the order, the shipping method, and the country of destination.

Exact shipping costs are automatically displayed in the shopping cart, and you can choose alternative shipping or pick-up methods by arrangement.

The Company is not responsible for delays in execution (including delivery) due to cases that cannot be attributed to the fault of the Company or due to force majeure and therefore the Company is entitled to an extension of execution time. Force Majeure means any event that is outside the Company’s sphere of control, and which could not be foreseen and prevented and results in the Company’s inability to fulfil, in whole or in part, any of its obligations under the contract. If such incidents last more than a month (for orders within Greece), the contract can be terminated by any party without compensation.

In any case of delivery delay beyond the agreed time, the user must request the Company to make the delivery within an additional period commensurate with the circumstances and only if the products are not delivered within this additional period, the user is entitled to terminate the contract. The above does not apply when the delivery within the agreed deadline is significant, considering all the circumstances surrounding the conclusion of the contract, or if the user has informed the Company, before the conclusion of the contract, that the delivery is required to be made on or until a certain date. In these cases, if the Company fails to deliver the products at the time agreed with the user, the consumer has the right to terminate the contract immediately. Once the contract is terminated, the Company must return, without undue delay, all the money paid under the contract.

Ownership of the products is transferred after full payment of the price. The risk of loss or damage of the products is transferred to the user, when he or a third party designated by him and different from the carrier, has acquired physical possession of the products. However, the risk is transferred to the user upon delivery to a carrier, if the user requested that the products be transported by a carrier of his choice and he was not offered by the Company (subject to the user’s rights vis-.-Vis that carrier).

 

NEWSLETTERS – NEWSLETTERS
The Company uses your e-mail address (e-mail), if you declare your consent through the special registration fields, for the advertising of its products and services, as well as some events, contests and offers. You reserve the right of access to your personal data held by the Company and to the data of your consent, in accordance with the provisions of EU regulation 2016/679 and the relevant applicable National Law.

Newsletters are sent only to subscribers who have chosen to receive them and are fully technically compatible with the mailing regulations. The Company allows Newsletter subscribers to unsubscribe from the list of recipients. When a subscriber chooses to unsubscribe from the recipient lists, then his email is permanently deleted. The e-mails of Newsletter subscribers are used for this purpose only and for no other purpose. The newsletters that the public receives by subscribing to the mailing lists are the intellectual property of the Company and are therefore protected by the relevant provisions of Greek law and international conventions. The Company reserves the right not to register a person in the recipient lists or to delete him from them.

 

OTHER TERMS
The protection of personal data is governed by the principles of EU Regulation 2016/679 and the relevant implementing National Law. The use of the Store and any contract concluded through it is governed by Greek Law, in particular the legislation governing matters relating to e-commerce, distance selling and consumer protection, and is subject to the exclusive jurisdiction of the courts of Athens.

Any of the above terms becomes contrary to applicable law, automatically ceases to apply, without in any way affecting the validity of the other terms. If any part of the contract concluded through the Store proves invalid or unenforceable by a court decision, the remaining contract will continue to be valid.

In case of use of the Store from another country outside Greece, the user is obliged to comply with the legislation of this country.

The above terms constitute the entire agreement with the Company, which reserves the right to modify or renew or delete all terms herein, without notice. The modification or renewal will take effect as soon as this text is informed of any change.

The processing of personal data is done in accordance with the provisions of the General Regulation of Personal Data Protection (GKPD 2016/679), any more specific national and European legislation for certain areas, the current Greek legislation for the protection of personal data, as well as for the protection personal data and privacy in the field of electronic communications (Law 3471/2006, as applicable) and the decisions of the Personal Data Protection Authority (APDPH).

Modification of the terms hereof: The online Store tokouklospito.gr reserves the right to modify and / or renew the terms and conditions of transactions.