Terms and Conditions

 

1.     INTRODUCTION

These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, “the Terms”). These Terms set out the rights and obligations of all users (hereinafter, “You” /”your”) and those of www.greekoldmarket.gr (hereinafter, “us” / “our” / “we” / “the Vendor”) in relation to the goods/services offered by us through this website. Before you click on the “Payment” button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, do not place an order.

 

These Terms may be subject to amendment, so you should carefully read them prior to placing any order.

 

If you have any questions about the Terms or the Privacy Policy, you may access our website or contact us through our contact web form. This website is legally owned and operated by the company under the name “AFOI CHATZIGEORGIOU O.E”, which is legally incorporated under the laws of Greece, has a  registered office in Athens, Greece (37 Evripidou Str.), and holds the Tax ID number GR091041037

 

2.     USE OF OUR WEBSITE

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, you unreservedly accept these Terms, having read them.

You agree that:

a.     You may only use the website to make legitimate enquiries or orders.

b.     You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

c.      You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we use these details to contact you in the event that this should prove necessary (see our Privacy Statement).

d.     If you do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

 

3.     SERVICE AVAILABILITY

The items we offer on this website are available at EU countries. Please see below under Clause 11 paragraph 3 our policy regarding extra cost that might occur in case of shipment outside of the EU. 

 

4.     HOW THE CONTRACT IS FORMED

The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the “Payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipment Confirmation”). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Shipment Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

 

5.     AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any amount of money that you may have paid.

 

6.     REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

 

7.     YOUR RIGHTS TO CANCEL – RETURNS POLICY

If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, as of the confirmation of the dispatch of your order. In this case, you shall receive a full refund of the price paid for the products in accordance with our Returns Policy.

Your right to cancel a Contract only applies to products that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or used or not in the same condition as you received it or whose packaging is destroyed will not be refunded. You should therefore take reasonable care of the products while they are at your possession.

Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products.

We are entitled to refuse to accept a returned product or to send it back to the customer if the product appears to be used, no longer carries the original labels, or reveals damage caused by the customer.

After we receive a customer’s refund request, we will process his/her refund and notify him/her via e-mail. Refund will be made in the same form of payment the customer used originally. Refund should be done within 7-15 business days from the receipt of returned product.

 

8.     DELIVERY

Subject to availability, (see Clause 5 above), and unless there are any exceptional circumstances, we will endeavor to fulfill your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the Order Confirmation.

If for some reason we are unable to deliver on this date we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing you with the full amount paid.

 

9.     UNABLE TO DELIVER

If we are unable to deliver the goods due to an incorrect or incomplete address, the order will be resent to you only at your expense.

 

10. RISK AND TITLE

The products will be at your risk from the time of delivery.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery whichever is the later.

 

11. PRICE AND PAYMENT

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.

We are under no obligation to sell the product to you at the incorrect price if the pricing error is an obvious typographical or arithmetical inaccuracy and could have been reasonably recognized by you as such.

The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.

Shipments outside the EU may be subject to import taxes, custom duties and fees, which are levied once the shipment reaches one’s country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what these may be.

We advise the customer to contact his/her local customs office before placing an order, so s/he is not surprised by charges not expected.

We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as set in Clauses 11-1 – 11-2, changes will not affect orders in respect of which we have already sent an Order Confirmation.

Once you have finished shopping all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment following the instructions on our website.

You can pay by either credit card or Paypal. To minimize the risk or unauthorized access, we encrypt your card data. Once we receive your order, we will request pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. The charge to your card will be made the moment your order leaves our warehouse.

If your form of payment is Paypal, the charge will be made the moment we confirm the order.

If you click on “Authorize Payment” you are confirming that the card belongs to you.

Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

For delivery addresses within Greece, customers also have the option of paying the amount due through cash on delivery.

 

12. EXCHANGES

Exchange is limited to exchange for the same product of a different quantity or weight.

In circumstances where you consider that the product does not conform to the Contract at the time of delivery you should promptly contact us via our web form with details of the product and its damage. You may also return the product to by giving it to the Courier arranged by us.

Upon receipt of the product, we will fully examine it and notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement.

Defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by you in returning the product. We will always refund any money using the method of payment used to make payment.

 

13. LIABILITY AND DISCLAIMERS

Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.

Nothing in these Terms shall exclude or limit in any way our liability:

a.     For death or personal injury caused by our negligence,

b.     For fraud or fraudulent misrepresentation,

c.      For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:

i.                   Loss of income or revenue,

ii.                  Loss of business,

iii.                Loss of profits or contracts,

iv.                Loss of anticipated savings

v.                  Loss of data and

vi.                Waste of management or office time

 

Due to open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained from this website unless otherwise expressly set out on this website.

All product descriptions, information and materials posted on this website are provided “as is” and without warranties express, implied or otherwise howsoever arising.

 

14. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

 

15. NOTICES

All notices given by you to us should be given via our web form. We may give notice to you at either e-mail or postal address you provide to us when placing an order.

Notice will be deemed received and property served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

16. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, change or otherwise dispose of a Contract, or any of your right or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

 

17. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

a.     Strikes, lock-outs or other industrial action

b.     Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war

c.      Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

d.      Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

e.     Impossibility of the use of public or private telecommunications networks

f.       The acts, decrees, legislation, regulations or restrictions of any government

g.     Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

18. WAIVER

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

19. SEVERABILITY

If any of these Terms or any provisions of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

20. ENTIRE AGREEMENT

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing.

Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.

Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

21. OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time.

You will be subject to the policies, Terms in force at the time that you order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or government authority (in which case it will apply to orders previously placed by you).

 

22. PRIVACY STATEMENT

The customers’ privacy is respected.

The personal details supplied by a customer will not be shared with any third party for commercial purposes without the customer’s prior express consent. The information collected on this site will be kept confidential.

Credit card details are not saved on our website.

 

23. SECURITY

Pink Sands is committed to protecting the customer’s personal information. We have implemented security measures including Secure Socket Layer (SSL) encryption technology and other tools to protect all information we might collect on our website from our customers.

We reserve the right to disclose any information to the extent we reasonably believe that disclosure is required by law, to enforce our website policies or to protect our customer’s or others’ rights, property or safety.

 

24. LAW AND JURISDICTION

Contracts for the purchase of products through our website will be governed by Greek Law.

Any dispute arising from, or related to, such Contracts shall be subject to the jurisdiction of Greek Courts.

 

25. FEEDBACK / COMPLAINTS

We welcome your comments and feedback. Please send all feedback and comments to us via our web form.

Comments or complaints regarding an order, payment or delivery should be sent to the following address:info@greekoldmarket.com