Introduction
Welcome to our website. The magicperfume.gr is the online store for the sale of products via the Inter-net ( referred as the “online store”), created and operated by the sole ownership under the name «ATHANASOPOULOS EFSTATHIOS» and the distinctive title “Mageia tou Aromatos” based in Ath-ens, Gkizi street, number 20, Postal code 11475 Athens and is legally represented by the Tax Identifi-cation Number 164554690 , e-mail address mageiatouarwmatos@gmail.com e-shop service telephone number: 211183 8966
Field of Application
The following terms and conditions (“Terms”), cover any sale of products from the Company’s online store located on the website magicperfume.gr. Any other Terms are excluded.
Every user who enters and trades with the online store (“Customer” or the “User”) is considered to con-sent and unconditionally accepts the terms set, without exception. If a user does not agree with these terms, he must refrain from visiting, using this website and from any transaction with the online store.
General Terms
The company reserves the right to freely modify or revise the terms and conditions of use and transac-tions from the online store, and undertakes the obligation to inform consumers of any change, through the pages of this online store. Contracts through the online store are drawn up in the Greek language.
Possibility to make a purchase through the online store, have only persons, aged 18 and over, who have the legal capacity to enter into a contract of sale and act as consumers, for non-commercial pur-poses. The users of the online store, by submitting their order, declare with all responsibility that they have the legal capacity to conclude binding contracts.
Essential to place an order from the online store, is the completion and submission by the user / cus-tomer of the relevant order form with the necessary information for the conclusion of the sale and the acceptance of the terms of the contract of sale and the terms of use.
Provided Informations
The company is committed to their exact, accurate and complete information it gives at the e-shop, regarding the identity of the Company and the transactions provided through the online store. The company is not responsible and is not bound by electronic data entries made inadvertently or by mis-take during the common experience and is entitled to correct them whenever they become aware of it.
Limitation of Liability
The company fully complies with the applicable provisions regarding the sale, e-commerce and con-sumer protection.
The company, in the context of its transactions from the online store, informs the customer always based on the availability or non-availability of the products and in no case can their availability be guar-anteed. In any case, the company is obliged to inform the customer in time for the non-availability, in this case it has no further responsibility.
In good faith, the Company is not responsible or liable for any errors or omissions in the common expe-rience, in features, photos and product prices and can not exclude the possibility of incorrect entries for any reason during import or / and updating the features and / or price of a product. It undertakes, how-ever, to correct them whenever they come to its knowledge. In any case, the company is obliged to inform the customer in time for the non-availability, in this case it has no further responsibility.
The online store provides the content (information, names, illustrations, etc.), products and services through the website “exactly as they are”. In no case is the company liable for any claims of a civil and / or criminal nature nor for any loss (positive, special or negative which, indicatively and not restrictive-ly, divisively and / or cumulatively consists in loss of profits, data, lost profits, money satisfaction etc) that any visitor or user of the online store suffers or a third party, due to the operation or not and / or the use of the website and / or inability to provide services and / or products and / or information availa-ble from it and / or from any unauthorized interference of third parties in products and / or services and / or information available through it.
Copyright
All content of the online store, such as distinctive titles, marks, images, graphics, texts, etc., is the intel-lectual property of the company (or third parties from which the company has received a license to op-erate the online store) and is protected by relevant provisions of Greek and European law and interna-tional conventions. The names, insignia, marks, images, photographs, designs, logos, graphics, insig-nia, texts and audiovisual material, which are listed and represent the online store on the web-site magicperfume.gr or the products or services of the company or third parties, constitute its assets and trademarks of the company or third parties, protected by the relevant copyright and trademark laws. The appearance of these on the present website and in the online store of the Company, should in no way be construed as a transfer or assignment of their license or right of use. Any copying, repro-duction, distribution, processing, resale is prohibited, creating a productive work, modifying it in any way, or misleading the public about the actual online store provider. Reproduction, republishing, upload-ing, announcement, dissemination, transmission or any other use of the content in any way for com-mercial or other purposes, is permitted only with the prior written consent of the company or any other copyright holder.
User Responsibility
The User agrees and undertakes to use this website, as well as the services, information and data of the online store, in accordance with the Law, good faith and good morals. The User agrees that he must provide true and accurate information in his transactions with the online store and fill in with accuracy and precision the necessary fields in the forms of communication with the online store (Name, Surname, e-mail address etc). The User assumes all responsibility in the online store by per-sons not authorized by him for any damage suffered by the company for this reason.
The User agrees and is obliged not to use the online store for:
- – sending, publishing, sending by email-mail or transmitting in other ways any content that is illegal for any reason, causes unlawful infringement and damage to the Company or to any third party or violates the confidentiality or confidentiality of information of any person,
- – sending, publishing, sending by e-mail or transmitting in other ways any content that offends users’ morals, social values, minors, etc.,
- – sending, publishing, sending by e-mail or transmitting in other ways 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 confidentiality agreements),
- – send, publish, e-mail or transmit by other means any content which infringes any patent, trademark, trade secret, copyright or other proprietary right of any third party,
- – send, publish e-mail or transmit in other ways any hardware that contains software viruses or any oth-er code, files, or programs designed to interrupt, damage, or corrupt the operating equipment of any computer software or hardware;
- – intentional or unintentional violation of applicable law or regulations,
- – harassment of third parties in any way,
- – collect or store personal data about other users.
Prices
The company reserves the right to freely formulate the pricing policy of the online store, to modify the listed prices, to change and / or withdraw offers with or without prior notice of the users / customers, who will be informed of the current price, by the relevant post on the website. The prices of products purchased from a physical store of the company, may differ from the listed prices of the online store and the company does not bear any responsibility and does not cover differences in prices of products that the customer found a posteriori due to a lower price in the electronic store, in relation to the physi-cal store or vice versa.
All listed prices of the products of the online store are in euros and include VAT. The final prices of each product do not include the shipping costs, which are calculated after the text of the order, based on the customer’s choice for the place of shipment of the products. For additional charges, shipping, delivery or mail, as well as for any other costs or fees, the customer is informed before placing his order. When these charges can not be reasonably calculated in advance, the fact that such costs may be required is made known to the customer prior to the submission of the order, and in the event that they could not be calculated at the time of the order and were not notified to the customer , by phone before the confirmation of receipt of the order, then they are not charged to the Customer without his prior ex-plicit consent.
In case a product is offered at an unusually low or high price in relation to its market value, the Customer, before proceeding with his order, can contact the Company by phone or by sending e-mail to mageiatouarwmatos@gmail.com
Products
The company provides information for each product on its website, depending on its type, informing the customer about its main features. The photos of the products in the online store are not conven-tional and are provided for information only. The company’s products are prepared and packaged ac-cording to strict quality rules and stored under excellent storage conditions. Information on the ingredi-ents of packaged food products is given on their packaging, according to the current legislation.
The company, within its policy, reserves the right to modify at any time the types and categories of its products and undertakes the obligation to accept orders within the limits of its available stocks.
Registration/Login
In order to register or connect to the online store, full name, personal number sent address and e-mail address is required (e-mail). This information remains strictly confidential. The company reserves the right to use this information, to send updates on offers or new products, to customers or registered users.
Orders
Place an order – Offer to purchase
The order of the products from the customer is submitted by completing and sending the special-order form that exists in the online store. Before placing the order, through a special link, o the client is in-formed about the terms related to the sale of the products he wishes to acquire and then selects the activation of the relevant icon “I have read and accept the terms and conditions of purchase” and “Or-der with payment obligation”, stating in this way explicitly and unreservedly that before placing his or-der, he received in a clear and comprehensible manner knowledge of:
- – The full details of the company (name, registered office, public details, address, telephone, fax, e-mail address)
- – The main features of the order products as described in the online store,
- – The total price of the ordered products, including VAT, any extra fares, (sent, delivery) and any other costs, for the fact that such additional charges may be required, as well as the fact that the final price listed for each product in the online store, does not include shipping costs, which are calculat-ed following the text of the order, based on the choice of the shipping method of the order,
- – Means of payment, transportation, and the deadline in which the company is obliged to deliver the products, as well as any restrictions on delivery and means of payment,
- – The cost of using the means of distance communication for the conclusion of the contract, when it is calculated on the basis of a charge other than the basic tariffs,
- – The obligation of the customer to pay upon submission of the order,
- – The existence of the company’s liability in accordance with article 534 of the Civil Code for actual defects and lack of agreed properties, the duration of the contract and the terms for its termination where applicable and the minimum duration of the Customer’s obligations under the contract, where applicable,
- – The right of withdrawal from the customer(conditions, deadline, procedure, exceptions) where it ap-plies and in case of withdrawal, the customer’s charge with the direct cost of returning the products to the company as well as the customer’s obligation, if he has used it, to pay a reasonable cost to the company, while when the right of withdrawal is not provided by law, the information that the customer has no right of withdrawal or the circumstances in which the customer loses the right of withdrawal,
- – Where applicable, the possibility of recourse to an out-of-court grievance and redress mechanism in which the company belongs, as well as the ways of access to it.
The sending of the order to the company, is a proposal for the purchase of the ordered products and a statement of acceptance of all the charges described in the order. If there is no information or acceptance from the company, the customer, if he made the payment of the order, is entitled to the return of the payment.
Order Confirmation – Sale Preparation
The order is not binding on the company before the customer receives confirmation of acceptance of the order by the company, as described below.
The order is considered received by the company, from the moment the customer receives in his e-mail address that he has registered, a relevant information from the company, with the number of his order and the indication “Confirmation of Order Registration”.
During the processing of each registered order, the final price of the product and it’s availability is con-firmed and in case the availability or delivery time differs from the one indicated, the company informs the customer. If the company confirms the availability and absence of any errors in pricing or their fi-nal products, by email will confirm the acceptance of the order. In the above message, it will be explic-itly confirmed, the content of the order, the total price and the estimated delivery time of the order, as it already became known to the customer before the submission of his order. The order is considered binding and the sale is considered to have been drawn up and creates claims between the Customer and the Company, only by sending and receiving the e-mail with the indication “The order has been sent” or “The order is ready”.
The status of the order is constantly updated, but also when changes occur during its management and the Customer is obliged to check the status of his order and immediately inform the Company in writing of any error in his order, otherwise the information mentioned in the Registration order, will be applied in the contract of sale. The customer has the ability to be informed about the progress of the order by the company either by phone or by sending an e-mail to the address mageiatouarwmatos@gmail.com.
In terms of good faith, the Company is not obliged to accept an order and enter into a sale of products, which due to mechanical or typographical error appear in the online store with an incorrect price, either lower or higher than their normal current price. If the false, concerns only part of the products of the order, the order is valid and executed normally for the other products, unless the customer declares that he does not wish the partial execution of his order, in which case the company must cancel the entire order.
Availability of Products
The Customer is informed about the products and their availability, through indications in the online store. The company reserves the right not to accept a specific order and therefore not make the sale if the products are not available at the time of the order. In case the lack of availability concerns part of the products of the order, the rest of the order is executed normally, unless the customer declares that he does not wish the partial execution of the order. In that case, the company is obliged to cancel the order. Any payments are returned to the customer without delay, in the same way that the customer chose to pay for his order.
In case a product is not available after the final registration of the order, the company informs the client about the estimated delivery time. If the estimated delivery time does not satisfy the customer, the or-der is canceled and any payments are returned to the customer without delay, in the same way that the Customer chose to pay for his order.
Delivery of the Order
Pick-up from a physical store of the company-without shipping costs:
If the client when submit-ting its order, choose pick-up from a physical store of the Company, will not be charged with shipping costs and will receive electronic information about the time of receipt from the specific store of the company. The client is obliged to receive the order within two calendar days of receiving the relevant notice for pick-up. If the customer does not receive the products, the company is entitled to cancel the order or to withdraw from the sale and has no responsibility for this reason. Extension of the deadline is acceptable, only for significant reasons and if the company has been notified in writing in due time. The company reserves the right not to accept an order from a customer who repeatedly for any reason does not come to receive it.
To receive the order, the customer must show the confirmation of the order (order number), the notice of receipt and an official identity document (police ID, passport, etc.). The delivery can also be made to a third person authorized for this purpose by the Customer, with a special authorization from the Customer (approved by KEP, police or other Authority) and an official identity document of the authorized person (police ID, passport, etc.). The Customer or the authorized third party upon receipt must check the products he receives, as with his signature he confirms that he has received them properly and upon receipt the risk passes to the Customer.
Shipping to the place chosen by the Customer:
If the Customer, when submitting his order, chooses to send the products to a place of his choice, the products are delivered through the Company itself and specifically through one of its employees. The Customer has the possibility of information about the delivery time by contacting the company. Shipping costs are borne by the Customer and are calculated based on his order when it is submitted. Any incorrect entry of shipping details by the Customer, which results in an incorrect calculation of the shipping costs, is not borne by the Company, but by the Customer. In case the Customer chooses payment by cash on delivery, he is not charged with the costs of cash on delivery.
To receive the order, the Customer must show the Company’s employee the confirmation of the order (order number), the notification for the shipment and an official identification document (police ID, passport, etc.). The delivery can also be made to a third person authorized for this purpose by the Customer, with a special authorization from the Customer (approved by KEP, police or other Authority) and an official identity document of the authorized person (police ID, passport, etc.). The Customer or the authorized third party upon receipt must check the products he receives, as with his signature he confirms that he received them properly and upon receipt the risk passes to the Customer. If the Customer does not receive the products after receiving the shipping notification and despite the relevant notification from the carrier, the Company reserves the right to either cancel the order or withdraw from the sale.
When the place of shipment is not covered by the network of areas that the Company has chosen to serve (within Attica), or the Customer wishes to transport the products with his own means and expenses, the Customer informs the Company in writing, indicating the means of transport of choice (transport company, agency, etc.) and the Company undertakes to ship the products in the manner indicated by the Customer. In this case, it is not possible to pay for the order by cash on delivery and the Customer pays for his order as well as the cost of shipping the products to the agency or transport company or the means of his choice, before sending his order. In these cases, the risk from the sale passes to the buyer at the time of delivery of the sold products to the carrier.
The ownership of the sold and delivered products remains with the Company until the final, full and complete payment of the price to the Company.
Delivery Time
The delivery time of the products is specified in the order depending on the availability of the products and their place of shipment, which is confirmed by the acceptance of the order by the Company.
In any case, the Company must deliver the products at the latest within thirty (30) days from the time of the sale, otherwise and if there is no written agreement to extend the time (e-mail), the Customer is entitled to unilaterally cancel of the order with a written declaration by email to the Company’s email address mageiatouarwmatos@gmail.com. If the order is canceled and thus the sales contract is terminated, the Company must return, without delay, all the money paid by the Customer, in full.
For bulk orders or for special orders or orders tailored to the Customer’s requirements, the thirty (30) day delivery time does not apply and the delivery time is agreed on a case-by-case basis with the Customer in writing (e-mail).
Right of Withdrawal
According to Law 2251/1994 as amended and in force, the Customer has the right to return the products purchased from the online store, as long as they are products that are not exempt from the right of withdrawal, free of charge, without being obliged to announce the reason for which he wishes their return, within fourteen (14) calendar days of their receipt. The Customer can deliver these products directly to any store of the Company of his choice or send them at his own expense to any store of the Company. In any case, before returning the products, the Customer can contact the Company, either by phone or by sending an electronic message.
The Customer must return the products intended for return, with their official proof of purchase, in the same condition in which they were received, without the products having been unsealed or their packaging tampered with or having been used. A condition also for the return is that the conditions of their preservation have been observed.
The return is accepted only if the Customer has previously paid any amount incurred by the Company for sending the products to the Customer, as well as the shipping costs for their return. The declaration of withdrawal is made in writing by filling out the relevant form and sending it to the email address mageiatouarwmatos@gmail.com. The Company is obliged to confirm receipt of the withdrawal statement in writing as soon as it receives it.
In case of withdrawal, the Customer is obliged to return the products, within fourteen (14) calendar days from the day he communicated the withdrawal. Following the declaration of withdrawal, the Company is obliged to return to the Customer the price collected. The refund of the price due to withdrawal by the Customer will be made at the latest within fourteen (14) calendar days from the time the Company received demonstrable knowledge of his withdrawal. Delivery costs are not refunded, unless the Customer has chosen a delivery method other than the cheapest standard delivery method offered by the Company.
The Customer is responsible for any reduction in the value of the returned products, if he used other than what was necessary.
Exceptions to the Right of Withdrawal
From the Customer’s right of withdrawal provided for in the above paragraph, those products purchased from the online store are excluded and:
- They are not suitable for return, for reasons of health protection or hygiene (eg perishable, fresh, unpackaged).
- The Customer has not complied with their storage conditions, as defined by their packaging or imposed for reasons of health protection or hygiene.
- They have been unsealed or used after delivery.
- They can spoil or expire soon.
- They have been manufactured/manufactured specifically for the Customer, with specific specifications or according to the Customer’s requirements, or they are clearly personalized products.
- In the cases where the price of the products has been paid in a physical store of the Company and in addition, the products have been received from the physical store of the Company, as the sale is not considered to have been made remotely.
Liability for Defects-Returns
Regardless of the Customer’s right of withdrawal, the Company is liable under the provisions of the Civil Code, when the product purchased by the Customer does not meet the contract and in particular when it has a real defect or does not have the agreed properties. For a property to be considered contracted, it must be agreed in writing.
In the event of the Company’s liability for a real defect or for a lack of agreed quality of the product, the Customer is entitled, at his option: a) to demand, at no cost to him, the correction or replacement of the product with another, unless such an action is impossible or requires disproportionate costs, b) request a price reduction, or c) withdraw from the sales contract, unless it is an immaterial factual defect. If the Customer chooses to correct or replace the product, the Company must correct or replace it within a reasonable time. The above statutory rights (AK 540) of the Customer expire after two years for mobile phones.
The Company will replace the products purchased by the Customer, in all cases in which, through proven fault of the Company, they were delivered to the Customer other or substantially different from those ordered. In any other case, returns for food or perishable products are not accepted for health and hygiene reasons.
Force Majeure
The Company reserves the right and does not accept responsibility in cases of force majeure or unforeseeable circumstances or events. The Company is not responsible for delays in the execution of the order, which cannot reasonably be attributed to the fault of the Company or are due to reasons of force majeure (strikes, bad weather conditions, etc.) and undertakes to inform the Customer accordingly in each such case.
Network Availability & Security
The Company makes every possible effort for the good operation of its network. Nevertheless, the Company cannot guarantee that there will be no interruptions or errors. In any case, the Company bears no responsibility in the event that users cannot connect to the website. The Company is not responsible for the security policy of other websites or the way they manage their online visitors.
Confidentiality Statement
The Company treats the User’s correspondence with the online store as confidential and does not transmit its content except to the directly interested recipient and in the cases provided for by law if this is requested or in the event that the content of the message is considered to affect the Company. Such action is necessary to a) protect the rights and property of the Company, b) protect the website from misuse or unauthorized use, and c) protect the personal safety of users or the consumer public. In the event that the User provides a false email address or attempts to impersonate someone else when submitting information, all information will be part of any investigation.
In addition, if the User asks one of the managers from the Company’s Customer Service department to assist him in any electronic correspondence, he will be able to access the full range of information relevant to his request, including the electronic address and of his messages.
Invalidities
Any invalidity of any of the present Terms does not result in the invalidity of the rest.
Applicable Law
These terms and conditions are governed by the provisions of Greek Law, the Directives and Regulations of European Law and the relevant International provisions. Contracts through the online store are governed by European and Greek Law, in particular by legislation regulating issues related to electronic commerce, distance sales and consumer protection. The website has been created and is controlled by Greek legislation, which will guide its use and interpretation. If the User chooses to access the website from another country, he is responsible for following the laws of that country.
The protection of the Distance Contracts Act, as well as these terms, apply to transactions only with natural persons, who transact for reasons that do not fall within their professional activity.
The non-exercise by the Company of its rights under these terms does not imply a waiver of these rights.
All notifications must be made in writing.
The present conditions take the place of information of condition 3b of Law. 2251/1994.
Dispute Resolution
In the event that any dispute arises from the transaction between us and if, following your request, we are unable to reach a common agreement between us, we inform you that you have the option of turning to the Electronic Dispute Resolution platform (e-mail address webgate.ec.eurora .eu/odr) which is directly connected to the competent independent Authority “Consumer Advocate” (www.synigoroskatanaloti.gr) to which you can submit a request for the resolution of the dispute in which case our company can then be called by the competent Authority at her email address mageiatouarwmatos@gmail.com. The Company acknowledges in the context of good faith the advisory nature of the decisions of the Authority to be taken and is not committed to the enforceability of these decisions.
In any case of non-conciliatory resolution, the courts of Athens are designated as competent for the resolution of any dispute.
The Code of Consumer Ethics for E-Commerce as formulated on the basis of the Ministerial Decision of the Minister of Economy and Development in the Gazette of the Government of the Hellenic Republic (22/03/2017, Sheet No. 969), is published by this website magicperfume.gr