Terms of Use
The Makeup Dream website is the official website for the sale of products of the company under the name “Zachou Polyxeni” with Tax ID number 123942134, which is based at 162 Kydonias in Chania and is legally represented and is registered in the relevant registers of the Professional Chamber of Chania with number G.E.MI.: 073597258000 and was founded on 05/01/2009 with the object of Aesthetic Services and Cosmetics Trade.
1. GENERAL TERMS
The products sold by the COMPANY are governed by the terms of use and conditions listed below. It is hereby made clear that all users who use the website makeupdream.gr for information and/or for any purchase and/or for viewing, agree and accept the terms of use without any exception, while they undertake the obligation to comply with them. In the event that a user does not consent to them, then he must refrain from visiting and using the website, as well as from any transaction or use of the services of this particular online store.
These terms of use are in accordance with applicable Greek and European law, while the COMPANY reserves the right to unilaterally modify or revise them at any time. Any modifications to the terms of use will be effective for all and immediately upon their posting on the website and therefore users must monitor them on a continuous basis. Any change to these terms will not affect orders, transactions or procedures that have been carried out in the past. The language governing contracts and transactions with the online store is Greek, unless otherwise expressly agreed.
2. COMMITMENTS AND OBLIGATIONS OF THE COMPANY
THE COMPANY is committed to the accuracy and completeness of the information regarding the products. It assumes no commitment nor exercises any control over the content of the comments and discussions that take place on the website and which are subject to the rules of socially acceptable behavior, good business ethics and good faith, as defined by Greek Law. Posts, information and comments that are characterized as bad faith and contrary to good business ethics are prohibited. The user or visitor who engages in such behavior is solely responsible, criminally and civilly, for the legal consequences that will arise from such behavior, against any affected third party and the COMPANY, for any positive or consequential damage.
Furthermore, the COMPANY is contractually bound by each specific and completed order from the respective users. Failure to accept these terms and conditions makes the transaction non-binding for the COMPANY.
3. DISCLAIMER – LIMITATION OF COMPANY LIABILITY
The COMPANY and the online store, their employees, or other representatives, are not liable, under any circumstances, for any consequential, incidental, indirect, special damages or expenses or monetary penalties, including, but not limited to, lost profits, business interruption, loss of information or data, or loss of goodwill, loss or damage to property, and any third party claims arising from or in connection with the use, copying, or presentation of this website or its contents or any other linked website, regardless of whether the COMPANY and the online store were informed, knew or should have known of this possibility.
In particular, indicatively and not limiting:
1. The COMPANY, within the framework of its transactions from the online store, is not liable for further damages that may arise from the execution or non-execution of orders or from the delay in execution, for any reason.
2. This online store cannot provide any guarantee for the availability of products, but undertakes to promptly inform buyers of unavailability.
3. The online store provides the content (e.g. information, names, photographs, illustrations), the products and services available through the website “exactly as they are”, in the sense that in this way and in this form they are displayed and advertised by the suppliers, without further processing and/or any intervention by the COMPANY.
4. Under no circumstances shall the COMPANY be liable, civilly or criminally, for any damage, financial or otherwise, that a visitor to the online store or a third party may suffer from any cause related to those, indicatively and not restrictively listed below, occurring individually or in combination-cumulatively, namely:
a) with the operation and/or use of the website.
b) with the inability to provide services and/or products and/or information available from the website.
c) with any unauthorized interventions by third parties in products and/or services and/or information available through the website. A third party is considered anyone who lacks special authorization from the COMPANY, even an employee thereof.
d) with any unauthorized access or use of the COMPANY’s server by third parties.
e) with the spread of viruses, trojan horses that can be transmitted from the COMPANY’s website or any third party using it.
Also, the COMPANY, in the context of good faith, is not bound and is not held responsible and/or liable for any interruption, delay or deterioration in the quality of services due to causes and conditions due to negligence and/or force majeure. Indicatively and not limitingly, examples of force majeure include: wars (declared or not), strikes, accidents, storms, fires, floods, earthquakes or other natural phenomena, terrorist acts, sabotage, government bans, acts of Greek or EU or other authorities, trade embargo, interruption or damage to the fixed public telecommunications network or to third-party telecommunications networks, court decisions, prosecutorial orders, etc.
4. OBLIGATIONS – USER RESPONSIBILITY
The use of the website must be made exclusively for lawful purposes and in a manner that does not restrict or prevent its use by third parties. The user is obliged to use the website in accordance with the law, fair trade practices and these terms and conditions and not to carry out acts or omissions that may cause damage or malfunction to the website, affect or jeopardize the provision of the services provided.
Furthermore, the user undertakes to provide any information and immediately warn the COMPANY regarding any malicious case of a registered member or visitor which aims to deceive and exploit in bad faith the purchasing public who are addressed to this online store.
The COMPANY does not undertake any obligation to control the actions of users of the website, nor does it have any ability to do so and any such action is completely beyond its scope of control. Users agree and assume responsibility not to use this online store for the following indicative and non-limiting actions or other similar ones, namely:
1. sending, publishing or transmitting in any way content that is illegal for any reason, causes illegal offense and damage to the COMPANY or any third party, violates the confidentiality or privacy of any person’s information.
2. sending, publishing or transmitting in any way content that offends the morals of users, social values, minors, etc. and/or is contrary to domestic, European and international criminal provisions.
3. sending, publishing or transmitting in any way content for which users do not have the right to transmit in accordance with the law or applicable contracts (e.g. internal information, proprietary and confidential information acquired or disclosed as part of employment relationships or covered by confidentiality agreements).
4. sending, publishing or transmitting in any way content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties.
5. sending, publishing or transmitting in any way any material that contains software viruses or any other codes, files or programs designed to interrupt, damage, destroy or disable the operation of any computer software or hardware.
6. intentionally or unintentionally violating applicable laws or regulations.
7. harassing third parties in any way.
8. collecting or storing personal data about other users.
5. PROTECTION OF MINORS
This website is addressed to adults over eighteen (18) years of age (in the event of a legislative amendment to the age of majority, this term will be amended accordingly, even if implicitly), to minors who have limited legal capacity as well as to minors who have the express consent of their parents or guardians. Minors under ten (10) years of age are incapable of legal capacity and are expressly prohibited from using the website and the online store, even with the consent, supervision or even the instigation of those exercising their custody. Minors who have completed the fourteenth (14th) year of age and use the website and the online store cannot violate the contract due to fictitiousness, fraud or threat and are expressly considered to be acting with the consent, supervision and instigation of the persons exercising their care. If, however, minor users declare a false date of birth in order to register and visit pages or services of the online store, make use of them or intervene in any way in their content, the COMPANY bears no responsibility for their exposure to its content or for any other use thereof. The user who declared a false date of birth and those exercising his/her care are liable to the COMPANY for any damage that may be caused to himself/herself or to third parties by his/her false declaration, as well as, in accordance with the provisions of article 360 of the Greek Criminal Code, for neglect of supervision of a minor, provided that the conditions for its application are met.
6. PERSONAL DATA PROTECTION
The collection, management and protection of personal data are governed by Law 2472/1997, as currently in force. The online store and the COMPANY collect the following types of information about users: (1) information that the user provides when registering as a member and (2) information that the user provides in order to execute his/her order. When completing any order form on this website, the buyer’s name, address, postal code, email address, telephone number, debit/credit card details, and payment method for the order are required. In addition, more specific information may be required, such as shipping and delivery details of an order, pricing details, or details regarding a requested offer.
At the same time, the COMPANY collects files with personal data for the purposes of communicating with its registered members. In the case of links to other websites, the aforementioned company is not responsible for the way in which they collect, process, manage, and protect personal data (see chapter 7 – THIRD-PARTY ADVERTISING – LINKS TO THIRD-PARTY WEBSITES).
All information related to users’ personal information is guaranteed to be confidential. The information of the users (name, profession, email address, home address, landline, mobile phone, etc.) and the transactions of the users of the online store are considered confidential, as in the usual transactions in a commercial store. The users consent and accept the processing of the personal data, for the needs of the smooth and easy transaction between the parties, as well as the transmission of these data to recipients who will be specifically identified and are the employees and representatives of the COMPANY in the context of the execution of the contract being drawn up. In case of refusal of processing, the users are provided by law with the possibility of objecting. Specifically, articles 11 & 13 of Law 2472/1997 apply.
Otherwise, the COMPANY undertakes not to disclose the details of the buyers and their transactions, unless it has written authorization from them or if this is imposed by a court decision or a decision of another public authority (Law 2225/1994). The personal data declared in this online store are used exclusively by it or by companies collaborating with it, with the aim of providing better service and ensuring the rights of users.
7. THIRD-PARTY ADVERTISING – LINKS TO THIRD-PARTY SITES
The associated websites (links) are not under the control of the COMPANY and the COMPANY bears no responsibility for the contents of any associated website or any link included in an associated website, or any changes or updates to such websites. These are provided only as a convenience to users and are placed exclusively under the control of users and within their own personal responsibility, while the inclusion of any link does not imply the approval, identification or any consent of the COMPANY.
8. COOKIES
Cookies are files that are stored on the computer by websites visited by the user and contain information such as the user’s preferences for the website or whether they are logged in. Cookies are necessary for the smooth operation of the online store.
The user can configure the browser he uses so as not to receive cookies, either in total or selectively. In this case, however, it may not be possible to use the corresponding individual services and options of the website.
9. ELECTRONIC FRAUD
The phenomenon of electronic financial fraud has been observed strongly over the past few years in the context of the implementation and operation of the internet. The offenders aim to maliciously use personal data and other personal information. Common practices of deceiving the average user for financial gain are such as phishing, vishing (via VoIP), pharming, e-mail scams. The above are methods of common criminals that contradict the relevant provisions of the Legislation, who aim at illegal financial gain by making use of electronic media and communications. In the unfortunate event that a user falls victim to electronic fraud through an electronic message, a false website instead of this COMPANY, false telephone communication and other third parties, which will have no relationship with this company, he must immediately inform (see chapter 14 – COMMUNICATION).
The COMPANY uses the necessary available means to safeguard the safe storage and safekeeping of the personal information of its website users. In any case, however, it is not responsible for malicious access to these data by third parties (hacking) and their further arbitrary use by them. Such behavior is beyond the control of the COMPANY, which only guarantees the correct and authorized use of users’ personal data by itself, its employees and/or added third parties.
10. PRODUCTS
The buyer is informed of the availability of the products through appropriate indications. Also, the various product offers that appear in the online store are always valid until stocks run out or until the offer period expires.
10.1 Responsibility and Security of Product Shipping
The products are packaged under the responsibility of the sender following the international rules of courier companies. Any liability for the product ceases for the COMPANY from the moment it is delivered to the buyer and is no longer in the physical control of the COMPANY.
10.2 Product return policy
A) Defective products
The COMPANY makes every effort to ensure that all products reach its buyers in excellent condition and recommends checking upon receipt, so as to avoid receiving products damaged during transport.
In the event that the product received by a buyer is defective, the COMPANY will replace it or refund the money if the buyer so wishes. The defective or damaged product must be returned to the COMPANY within fourteen (14) days, at the buyer’s expense, accompanied by the invoice or retail receipt. The COMPANY will examine the product and if it is found to be defective and the buyer wishes to return the money, this will be done within thirty (30) days from the day he requested the return by completing the relevant form. The refund to the buyer, in the case of payment by credit or debit card, will be made by canceling the charge of the credit or debit card, which will be carried out by the COMPANY and in the case of payment by cash, it will be made by returning the money to him from the company’s headquarters after consultation.
B) Withdrawal
In the event that the buyer wishes to return a product, the COMPANY will refund the full value of the product including the (original) shipping costs. A necessary condition for the above to be carried out is that the products being returned are in the condition in which they were received (the packaging of the items must be intact, unopened and undamaged) and must be accompanied by the invoice or retail receipt. Returns are accepted within fourteen (14) days with shipping costs at the buyer’s expense and only if the buyer has paid any amount charged by the COMPANY for shipping the item to him as well as the shipping costs for returning the item to the COMPANY. The COMPANY will examine the product and if it is found defective and the buyer wishes a refund, this will be made within thirty (30) days from the day he requested the return by completing the relevant form. The refund to the buyer will be made in the case of payment by credit or debit card, by canceling the charge to the credit or debit card, which will be carried out by the COMPANY and in the case of payment by cash, by returning the money to him from the company’s headquarters after consultation.
10.3 Product prices
The listed product prices are the final (i.e. the corresponding VAT is included, at the rate that is imposed at the time of completion of the transaction), while they do not include shipping costs.
The COMPANY’s online store reserves the right to change prices without prior notice to the buyer. The same applies in the event that an incorrect price has been inadvertently indicated on a product, in which case the COMPANY is not bound to ship the product, but must inform the buyer, if he has correct contact information, otherwise the buyer is solely responsible.
11. INTELLECTUAL PROPERTY
All content of the online store, including distinctive titles, trademarks, images, graphics, photographs, designs, texts, codes, etc., constitute the intellectual property of the COMPANY and are protected in accordance with the relevant provisions of Greek law, European law and international conventions.
The COMPANY, under the terms and conditions set forth herein and all applicable laws and regulations, grants users a non-exclusive, non-transferable, personal, limited right to access, use and display this website and its content. This license does not constitute a transfer of title to the website and its elements and is subject to the following restrictions: a) all copies of the website and its elements must retain all copyright and other proprietary notices and b) the website and its elements may not be modified in any way.
Any reproduction of part or all of the content of the website for any public or commercial purpose is prohibited and punishable by law, except in cases of prior written consent of the COMPANY. The names, images, logos and distinctive features representing this online store or third parties and their products or services are exclusive trademarks of the COMPANY or third parties protected by the relevant trademark laws. Their appearance on the website should in no way be construed as a transfer or assignment of a license or right to use them.
12. APPLICABLE LAW
The terms of use, as well as any amendment thereto, are governed by Greek law, European Union law and relevant international treaties. For any dispute that may arise, by law or by contract, between the COMPANY and the buyer and/or user, the courts of Athens shall have jurisdiction.
13. OTHER TERMS
These terms of use and any rights contained therein may not under any circumstances, unless expressly provided for, be the subject of transfer or assignment by the users without the prior express consent of the COMPANY.
The COMPANY may transfer and assign its rights without any further formality.
The COMPANY is entitled to modify these terms of use at any time without notice, being obliged to modify this text accordingly. Any mandatory modification of the terms of use by law shall apply to all, regardless of whether this text has been updated accordingly. In order to inform the user in such a case in a timely manner, it is recommended to verify the terms of use on each visit.
The invalidity of a specific term of this does not affect the validity of the remaining terms but automatically ceases to be valid.
14. CONTACT
4.1 Company details
Zachou Polyxeni
162 Kydonias, Chania
Tel.: 2821079695
Email: info@makeupdream.gr
