Terms Of Use

The company under the trade name «EMMANUELA TSAGGARI TOY GEORGIOU» with distinctive title «GALLERY "NYMPHES"», which is registered at Chalandri Attikis, Par. Attikis Odou, number 38 withTax Identification Number 028481777 – Tax authority CHOLARGOU (the «Company»), is the owner of the website [.],within which operates as an online store of selling products (e-shop) via the internet.

Purchases through the online store of the above mentioned website implies the full and unreserved acceptance of the following conditions by the Customer/visitor of the website.

GENERAL TERMS OF USE

Definitions

The definitions and rules of interpretation set out below apply to these terms, unless otherwise stated:

«Customer» means any individual or legal entity who browses within the online store of the abovementioned website and/or makes purchases from it.

«Consumer» means any individual, who acts for reasons that do not fall within his commercial, business, craft or independent professional activity, within the meaning of article 1a of Law 2251/1994 (Consumer Protection Law).

GENERAL PROVISIONS
1. The Company reserves the right to unilaterally modify or renew the transactions current terms and conditions made through the online store. The Company undertakes to inform users of any modifications, as well as any change, through the website of this online store. Change of terms does not affect orders that have already been placed.
2. The possible invalidity of one or more terms of the current terms of use does not render the other terms invalid. If any term is declared invalid in court, these terms of use is not affected.

VISITOR’S OBLIGATIONS
1. The visitor of the Company’s website undertakes to browse the website and carry out transactions through the online store located within it in accordance with the provisions of these terms of use, the applicable EU, Greek legislation and in good faith and commercial ethics.
2. The visitor of the website is prohibited from using the communication methods, available through the website in order to send content, which violates provisions of the current EU and Greek legislation or that is contrary to the requirements of good faith and commercial ethics or that is capable of causing damage to the correct and uninterrupted operation of the software of the website or the Company’s hardware. Furthermore, the visitor of the website is prohibited from sending content that is offensive, disturbing, vulgar, threatening, defamatory, as well as content that violates the provisions of the legislation for the protection of the personal data of third parties.
3. In case of violation of the above obligations by the visitor, he is responsible for compensating the Company in accordance with the relevant provisions of Greek legislation and specifically in accordance with the provisions of Article 914 onwards of the Greek Civil Code.
ORDERS
1. The Customer makes his purchases by placing an order in the Company’s online store. The Company undertakes to send to the e-mail address provided by the Customer proof of receipt of the Customer’s order without undue delay. As soon as the Customer receives the confirmation message (vie e-mail) of receipt of the order, the remote sale contract is deemed to be established.
2. The Company does not guarantee the availability of products available for sale in the online store. In the event that the product ordered by the Customer is out of stock and unavailable, the Company will contact the Customer. In this case, the Company is not responsible for the delivery of such product to the Customer.
3. The Customer has the right not to complete the product ordering process from the Company’s online storeuntil the last stage before completing the order process. On such stage, the product ordering process is terminated immediately, and no obligation is assumed by either the Company or the Customer. After completing the order and if the product has not been shipped yet, the Customer may call []and cancel the order. This option is available to the Customer until the moment he is informed about the shipment of his order.
4. The Company does not carry out wholesale sales through its online store. The Company reserves the right to limit the availability of products and/or the number of orders accepted.
5. In order to make purchases through the website’s online store, the Customer is required to have the legal right to enter into contracts and to have legal capacity, in accordance with the relevant provisions of Greek law.
PRODUCT PRICES
1. The prices of the products and services available through the Company’s online store are in euros (€) and include all applicable taxes, including VAT.
2. The prices of the products and services available through the Company’s online store do not include freight (transportation costs), which is borne by the Customer, unless agreed otherwise.
3. The payment amount displayed during the “Order check” stage and confirmed through the receipt of the order sent to the Customer, correspond to the total amount that the Customer is obliged to pay for the purchases made. The above amount includes all taxes, levies of any form (including environmental contributions, transport costs, as well as any cash on delivery costs).
4. The Company informs the Customer in good time, and in any case, before the completion of the order process by the Customer, of the total price of the goods, including Value Added Tax (VAT), as well as of all any additional charges for delivery or shipping of the products.
5. Any fees, taxes, duties, royalties or other charges for the trading and sale of the products outside the Greek Territory shall be borne exclusively by the Customer.
6. The Company has the ability to offer its Customers promotional discount codes for selected products or services, which are valid in accordance with the provisions of the Company’s announcements.
7. The Company is not responsible for the accurate listing of the details and prices, listed in in the online store, which among other things, may be due to technical or typographical errors.
INFORMATION PROVIDED
1. The Company is committed to the accuracy, truth and completeness of the information it provides on the website of the online store. The above obligation applies both to the information concerning the Company itself, and to the information accompanying the photos of the available products for sale and include the information regarding their characteristics and properties. The Company also undertakes to register the photos of the available products in the online store, without subjecting them to processing of any kind or falsification. The registered photos depict the available products, exactly as they are in their physical state (“as is”). The Company reserves the right for any discrepancy between the products listed on the above website and the physical obligation to inform the Customer within a reasonable time of becoming aware of the aforementioned discrepancy.
2. The Company is not responsible for the existence of any spelling, computer or typographical error that may be found in the information provided. The Company undertakes to detect such error and to correct them without delay.
3. In the event of a typographical error in the price of an ordered product, the Company undertakes to inform the Customer as soon as it detects the error and, in any case, before delivering the product to him. The Company undertakes to inform the Customer of the difference in the price of the ordered product, as well as of his possibility to withdraw from the sales contract. In this case, the Company undertakes to return to the Customer any payment received from him, including the costs of shipping the product without undue delay and, in any case, within five (5) calendar days from the day on which the Customer informed him that wishes to withdraw from the agreement, due to a wrong listed price of the ordered product.
4. The Company will do the above refund, using the same means of payment that the Customer used for the original transaction. In the event of a different agreement, the Customer does not bear the costs arising from the refund.
5. The Company does not undertake to refund any additional delivery costs due to the Customer’s choice to use a delivery method other than the standard product delivery method used by the Company.
RISK TRANSFER

In cases where the Company delivers the products to the Customer by post, the risk of loss or damage to the products is transferred to the Customer when he or a third party designated by the Customer other than the carrier acquires physical possession of the products.

COMPANY’S RESPONSIBILITY
1. The Company is responsible for actual defect and the lack of agreed properties of the products in accordance with Article 5 of Law 2251/1994 and Articles 534 onwards of the Civil Code.
2. The Company is not liable if it proves that:

did not place the product on the market;
the defect did not exist when the product was placed on the market;
did not manufacture the product with a view to its distribution and did not distribute it in the course of its professional activity;
the defect is due to the fact that the product was manufactures in accordance with compulsory law rules.

In addition to the Company’s responsibility in the case of actual defects or lack of agreed properties of the products, the Company is not responsible for any damage (positive or incidental) the Customer may suffer due to or as a result of browsing the Company’s online store and using the services of the online store, the cancellation of an order, the late or non-delivery of ordered products.

WARRANTY
1. Upon delivery of the products to the Customer, the Customer checks the products for the agreed properties and any actual defects. In the event that the Customer finds that there are actual defects in the product or that certain agreed functions are missing, he is invited to contact the Company immediately, by sending an electronic message or by telephone.
2. The Company does not provide the Customer with any kind of commercial guarantee, other than the legal guarantee. The Customer has the rights of Article 5 of Law 2251/1994 and Articles 534 onwards of the Greek Civil Code. In particular, the Customer who wishes to exercise the above rights is invited to contact the Customer Service Department. When communicating, the Customer must state the product order number for which the warranty is requested or the invoice number issues for the specific purchase, together with the date of issue.
3. In any case, the Customer is not entitled to the repair or replacement of the product, including in the following cases:

the statutory warranty period has expired from the date of delivery of the product to the Customer or,
at the time of communication with the Company, the product has already been repaired by a person other than the Company or another authorized person, or,
the defect in the product is due to the fault of the Customer (e.g. broken chain, loss of zircon or semi-precious stone, color change, oxidation of the chain, motif, from improper care of the jewerly or wear of the product such as breakage due to falling, cleaning with chemicals etc.).

The Company especially for the jewellery it sells through the online store- without bearing any responsibility- provides care instructions at the following link [..]
In the event that the Customer wishes to replace the product while any of the cases of Article 9.3 occur above and if the repair is possible, it is carried out after being approved by the Customer and his expense and costs of repaid is paid by cash on delivery to the transport company or by any other method agreed in writing.

SECURITY OF THE ONLINE STORE
1. The Customer can make his purchase in the Company’s online store either as a “user-visitor”, or by creating his own profile on the above website.
2. The codes used to register and identify the Customer are two: the Login Code (e-mail or username) and the Personal Secret Security Code (password), which provide the Customer with secure access each time they register.
3. The Customer can change his Personal Secret Security Code (password) and his electronic e-mail address (e-mail), as often as he wishes. The Customer is the only one who has access to his details, through the above codes, and is solely responsible for maintaining confidentiality and not disclosing to third parties. The Company recommends to the Customer, for security reasons, to change his password at regular intervals.
4. For the Customer’s security, he should handle all the information provides through the online service as confidential and not disclosed it to third parties.
INTELLECTUAL PROPERTY RIGHTS
1. The Company is the owner of the intellectual property rights on all the content of the website in which his online store is located and operates. Indicative and not restrictive, objects of the Company’s intellectual property rights are any design, photograph, illustration, speech text, but also any work that fall within the definition of Article 2 of Law 2121/1993, which is registered on the above website.
2. The intellectual property rights of the Company are protected in accordance with the provision of EU and Greek law, specifically, with the provision of Law 2121/1993. Prohibited:

the direct or indirect, temporary or permanent, reproduction of the Company’s works, in whole or in part,
the arrangement, adaption or any kind of transformation of the works,
the transmission, retransmission, presentation to the public or use of the work in a way that infringes the moral right of the Company.

The exercise by third parties of powers deriving from the property right of the Company’s intellectual property (i.e. indicatively, the reproduction, dissemination, retransmission or other exploitation of the Company’s works) is permitted only after signing a relevant agreement and licenses granted by the Company to third parties shall be deemed non-exclusive. The third party who undertakes the exploitation or acquire the possibility of exploitation of the Company’s works cannot transfer these rights without the prior consent of the Company.

INDUSTRIAL PROPERTY RIGHTS
1. The distinguishing features of the Company’s business and goods, namely the name, trade name, distinctive title and trademark, are protected in accordance with the provisions of EU and Greek law. Furthermore, the electronic address of the Company’s business [..] is protected in accordance with the provisions of Law 4679/2020 on the protection of trademarks.
2. It is prohibited for third parties to use or exploit in any way the distinguishing features of the Company, without the latter’s prior written consent. In particular, with regard to the protection of his trade mark, the Company is entitled to take action against anyone, who, without his consent, exercises one of the powers deriving from the trade mark or uses in trade a sign in a manner that causes a risk of confusion with the trade mark of.
GOVERNIGN ALW AND DISPUTE RESOLUTION
1. The sale contract which are contracted through the Company’s online store, which is located at the electronic address [..], are governed by Greek law. Any dispute or conflict between the Company and the customers of the above online store that arises due to or on the occasion of the sales contract between them is governed by Greek law.
2. The courts of Athens shall be competed for the resolution of disputes that arise due to or on the occasion of the operation of the Company’s online store and the sales contracts concluded through it.
MODIFICATION OF TERMS OF USE

The Company has the right to unilaterally modify, at any time, the terms of use of his online store. The Company undertakes to post any modification on the terms of use without delay on the corresponding part of its website. Any change or addition to the terms of use must be stated in a way that is clear, distinct and understandable by the website visitor.

RETURN - REPLACEMENT POLICY OF PRODUCTS

RETURN OF PRODUCTS
1. If the Customer changes his mind about the purchase he made, he can withdraw from the sales contract without stating the reasons and without any charge. The withdrawal period expires fourteen (14) calendar days from the day on which the Customer or a third party indicated by him, other than the carrier, obtains physical possession of the products.
2. Beforethe expiration of the above period of fourteen (14) calendar days, the Customer must inform the Company of his decision to withdraw from the contract. The information is provided to the Company's Customer Service Department and the Customer is required to quote the order number, or the invoice number issued for the specific purchase, together with the date of issue.
3. The Customer undertakes to return the products to the Company, without delay and, in any case, within the period of fourteen (14) calendar days from the day on which he informed the Company of his decision to withdraw from the contract. After the above deadline, the Customer cannot return the products to the Company.
4. TheCustomer is only responsible for the direct cost of returning the products. If the products cannot, due to their nature (for example, bulky items) under normal circumstances be returned by post, the Customer bears the cost of returning them.
5. TheCustomer undertakes to return the products in the condition (without real defects and with the agreed properties) in which they were at the time when he or a third party he indicates, other than the carrier, acquired their physical possession. The Customer is responsible for any reduction in the value of the products, onlyin the event that this is due to management on his part, which is not deemed necessary to establish the nature, characteristics and function of the products.
6. The Customer undertakes to accompany the product returned to the Company with its proof of purchase (retail receipt or invoice), as well as all documents and packaging that accompanied the product. Also, the product must be unused, in perfect condition and with no tags removed.
7. The Company shall return any payment received from the Customer, including the costs of shipping the products without undue delay and, in any event, within fourteen (14) calendar days from the day on which it obtained physical possession of the returned products. The Company makes the above refund, using the same means of payment, as the one used by the Customer for the original transaction. In case this is not possible, the Customer must inform the Company of the bank account to which the refund will be made.
8. TheCompany does not undertake to refund any additional delivery costs due to the Customer's choice to use a delivery method other than the cheapest standard product delivery method used by the Company.
EXCHANGE OF PRODUCTS
1. If the Customer changes his mind about the purchase he made, he can exchange the products with other products up to the amount of the price that the Customer has paid or with an additional price, within a period of fourteen (14) calendar days from the day on which the Customer or a third party indicated by him, other than the carrier, acquires physical possession of the products.
2. Before the expiration of the above period of fourteen (14) calendar days, the Customer must inform the Company of his decision to exchange the products to the Customer Service Department of the Company, citing the order number or the invoice number that was issued for the specific market, together with its date of issue.
3. The Customer undertakes to return the products to the Company, without delay and, in any case, within the deadline of fourteen (14) calendar days from the day on which he informed the Company of his decision to return the products. After the above deadline, the Customer cannot return the products to the Company.
4. TheCustomer is only responsible for the direct cost of returning the products. If the products cannot, due to their nature (for example, bulky items) under normal circumstances be returned by post, the Customer bears the cost of returning them.
5. TheCustomer undertakes to return the products in the condition (without real defects and with the agreed properties) in which they were at the time when he or a third party he indicates, other than the carrier, acquired their physical possession. The Customer is responsible for any reduction in the value of the products, only in the event that this is due to management on his part, which is not deemed necessary to establish the nature, characteristics and function of the products.
6. TheCustomer undertakes to accompany the product returned to the Company with proof of purchase (retail receipt or invoice). Also, the product must be unused, in perfect condition and with no tags removed.
7. The Company does not undertake to refund any additional delivery costs due to the Customer's choice to use a delivery method other than the cheapest standard product delivery method used by the Company.
8. The right of the Customer
REPLACEMENT OF DEFECTIVE PRODUCTS
1. Inthe case of a product with defects or lacking agreed properties, the provisions of the Civil Code apply.
2. In the case of a product with defects or lacking agreed properties, the Customer is entitled to request the replacement of the product with another or its repair, without additional charge. In order to exercise the above right, the Customer must inform the Company of the defect or the lack of an agreed property that he has identified in the product, as well as of his decision to request the replacement of the product with another one. The above information is provided to the Company's Customer Service Department by sending an email to the address or by telephone.
3. In case of a product with defects or lacking agreed properties, the Company reserves the right at its absolute discretion to replace or repair the product.
4. The Customer does not bear the cost of returning the defective product to the Company, as long as it uses the standard method of delivery of products used by the Company. If the Customer uses a method of return other than the standard method of delivery of products used by the Company, he shall bear any additional costs.
5. TheCustomer accompanies the product being returned to the Company for replacement with their proof of purchase (retail receipt or invoice).
6. The Company undertakes to replace or repair the defective product, without actual defects and with the agreed properties, within a period of thirty (30) calendar days from the day on which the defective product was received by the Company. The Company bears the cost of shipping the new product to the Customer.
PLACE OF RETURN OF PRODUCTS

The place of return of the products by the Customer is defined as the Company's registered office

PAYMENT AND DELIVERY OF PRODUCTS

PAYMENT
1. Payment of the value of the products is made using the payment methods accepted by the Company. For the payment methods accepted by the Company, you can find information at the following link of the online store [..] or during the order process through the online store.
2. The products ordered are not sent to the shipping address stated by the Customer, if the Customer has not paid the value of the products, as well as any other costs. In the event that the Customer does not pay the amount of the purchase within five (5) calendar days fromthe date of confirmation of the order by the Company, the Company is entitled to cancel the Customer's order and undertakes to notify him immediately regarding the cancellation of the order within a reasonable time and, in any case, within 7 (calendar) days.
3. In the case of payment by debit/credit card, the Company is not entitled to impose charges on the Customers for the use of a specific type of credit card. For credit card purchases, the Customer is asked to follow the instructions on the Company's online store. The Customer is asked to fill in the order form and the number and expiry date, as well as the 3-digit number (CVV) written on the back of his credit card. In the event that the order is made to the details and on behalf of a company, then the credit card used by the Customer must be corporate, i.e. issued to the details of the respective company. Also, the Company reserves the right to refuse payment that is not acceptable to the Company.
4. As an exception to the above, in the event that the Customer and the Company agree to sell the products by cash on delivery, unless otherwise agreed, the Customer will bear the additional cost of the service.
5. Before the Customer completes the product ordering process and is bound by the sales contract, the Company undertakes to secure the Customer's express consent for any additional payment in addition to the fee agreed for the Company's main contractual obligation (for example, for the additional payment of cost of shipping the products).
DELIVERY OF PRODUCTS
1. The products are delivered by courier ([.]) to the address indicated by the Customer when submitting his order. The delivery address is confirmed by the Company with the confirmation message he sends to the Customer after receiving the order. In the event that the Customer wishes to send each of the products he orders to a different address, he must submit separate orders, which correspond to the different delivery addresses.
2. The Customer bears the shipping costs, for which he receives a separate notification before completing his order in the Company's online store.
3. The Company undertakes to deliver the products to the Customer without undue delay and, in any case, within thirty (30) calendar days from the conclusion of the contract, i.e. from the proven completion of the product order through the Company's online store. The above deadline is considered to be met, when the Customer acquires physical possession of the products before its expiration.In cases where the Customer acquires physical possession of the products after the end of the above deadline, the Company is considered to have delivered the products on time, as long as he has transferred physical possession of the products to the carrier at a time prior to the expiry of the above deadline and the non-compliance is due to reasons attributable to the carrier or to reasons of force majeure.
4. If the Company does not fulfill his obligation to deliver the products within the above period of thirty (30) calendar days from the conclusion of the contract, the Customer is entitled to request the delivery of the products within an additional period. The Customer must submit the above request, with a clear statement, within a period of five (5) calendar days, which begins immediately after the expiration of the above period of thirty (30) calendar days.
5. The Company undertakes to deliver the products within a period of ten (10) calendar days from the receipt of the above request from the Customer. If the Company does not deliver the products within this additional period, the Customer is entitled to terminate the sales contract.
6. An additional deadline for the delivery of the products is not granted in the following cases:

if the Company has refused to deliver the products;
if the Company and the Customer have agreed to deliver the products within a specified time and delivery within that time is important, taking into account all the circumstances surrounding the conclusion of the contract;
if the consumer has informed the Company in a clear statement, before the conclusion of the contract (ie the completion of the order through the Company's online store) that delivery is required to be made on or by a certain date.

In these cases, if the Company fails to deliver the goods at the time agreed with the consumer or within the period of thirty (30) calendar days from the conclusion of the contract, the Customer is entitled to terminate the sales contract immediately.
The Customer may terminate the sales contract within the period of three (3) months. The said deadline starts from the day after the day, until which the Company had the opportunity to deliver the products to the Customer on time. To terminate the sales contract, the Customer must send a clear statement by e-mail [.].
Upon receipt of the Customer's message, with which he informs the Company of his decision to terminate the contract, the Company undertakes to return, without undue delay and, in any case, within the period of thirty (30) days from the receipt of the above message all monies paid by the Customer under the contract (including shipping costs). The Company makes the above refund, using the same means of payment, as the one used by the Customer for the original transaction. In the event of a different agreement, the Customer shall not bear the costs arising from the refund.
The Company is not responsible for failure to meet the above deadlines and is not bound by the above product delivery deadlines, in the event of force majeure. Force majeure events are considered to be all events that take place after the receipt of the Customer's order, affect the execution of the contract, escape the reasonable judgment of the Company and are impossible to predict or prevent.
In the event that the Customer has made his purchase, having connected with his personal codes in his profile, he has access to all the orders that have been placed since the date of creation of the above profile and has the possibility to track the progress of his previous orders in real time. The tracking of orders covers all the stages from the receipt of the order to the delivery of the products to the Customer and may include the following indications:

order / payment rejected: Customer's payment failed;
pending payment: the Customer submitted his order, but cancelled it before making the payment;
order received: The Company has received the purchase order;
confirmation of order acceptance by the Company: The Company has accepted the Customer's offer to purchase Products or Services;
order in preparation: The Company has started the process of preparing product orders and is arranging delivery of the parcel by courier;
the order has been shipped: the products have been received by a courier and delivered to the address provided by the Customer. From this moment the Customer can track his package on the carrier's website.

The Company undertakes the delivery of products to addresses located within the Greek territory. In case of delivery of the products outside the Greek territory, the deadlines of this article are extended for thirty (30) calendar days. Also, the Company is not responsible for any fees, taxes, duties, royalties or other charges for the delivery of the products outside the Greek territory, and will be borne exclusively by the Customers

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