We, the company with the corporate name “AEGEAN STORES P.C.” and the distinctive title “www.apoella.com” with registered seat in Athens at 3 Kosma Aitolou & 2 Artemidos Street, Postal Code 15125, with Commercial Registry (GEMI) Number: 129830801000, Tax Identification Number: 997240239/ Tax Office: Amarousiou, phone number +30210 682446 and email firstname.lastname@example.org, (“We” or the “Apoella”) welcome you to our website apoella.com (the “Website”)
The Website constitutes the e-shop “www.apoella.com’’, which belongs to our Company. We are engaged in the retail commerce of beach wear clothes and accessories (the “Products’’).
Our Website is currently operated by Shopify Inc. (hereinafter “Shopify”), which provides us with the online e-commerce platform that allows us to sell our products and services to you. Apoella undertakes responsibility for the actions and/or omissions having taken effect by Apoella. The operation of the Website is governed by the Shopify’s terms and conditions, to which reference has to be made before accessing/ using the website.
These Terms set out the terms and conditions that apply when you, as a customer, is interested in /and or purchase merchandise from Apoella.
By browsing, entering and/or using the Website and the services provided therein, you fully and unconditionally accept the present terms (hereinafter the “Terms”). We reserve the right to modify and update the Terms any time this is deemed necessary or required by law. Any changes in the Terms, will be uploaded on the Website for your information. We therefore advise you to read the Terms carefully and to check our Website regularly for possible changes and if you do not agree with such changes, you are advised to not use the services therein provided. Following the changes aforementioned, any use of the Website shall be deemed as acceptance of the Terms, as these will have been modified.
1. General Terms
UPON ACCEPTANCE OF THE PRESENT TERMS, AS DESCRIBED ABOVE, YOU EXPLICITLY AND UNCONDITIONALLY STATE THAT YOU HAVE THE LEGAL AGE WHICH ALLOWS YOU TO BE BOUND BY THE PRESENT TERMS CONCERNING PURCHASE OF A PRODUCT THROUGH THE WEBSITE.
The present Terms constitute terms and conditions under which the Company provides the users or the visitors with its products and services through the Apoella e-shop. Τhe Website contains all necessary information regarding the main characteristics of the Products, to the necessary extent, the total price of the Products, as well as the payment and delivery of them.
We make every reasonable effort so that to the extent possible, the content and the information appearing each time on the Website are accurate and true. However, we do not provide any representation, approval or guarantee, explicit or implied, on the accuracy, completeness, correctness, update or no breach of the content of the Website, for any use, application or purpose, and specifically with regards to the information transmitted through intermediary servers, as well as, to those that either commence from the service provider, or have been chosen or modified by it, or have as a recipient a person chosen by the provider. In all such cases the Company reserves the right to correct any mistakes or modify or update the Website at any time.
We have tried to depict, to the best possible extent, the shapes, and colors of the Products. However, we cannot guarantee how these depictions will appear on your computer screen. Additionally, the photographic depiction of the handmade Products and of their special characteristics (such as indicatively the colors, the shape and/or the material from which they are made), may slightly vary from reality. Therefore, by placing an order you explicitly and unconditionally accept that after the creation of any Product, ordered by you, any characteristic of it, may slightly vary, from the final product delivered to you.
Any Product sales are valid until our stock runs out.
As long as you wish to, you can register and create an “account” on the Website, by filling out the relevant electronic registration form therein stated. Upon completion and submission of this form you explicitly and unconditionally accept the present Terms in their entirety, as well as the fact that all the transactions carried out with the Company will be subject to these Terms.
We reserve the right to dismiss any registration or/and to deactivate at the account of a registered user, at any time in case we consider this necessary for any reason.
The registration is strictly forbidden to users under 18 years old without prior consent of their custodians or to any user whose right has been suspended or deprived by the system of the Company for any reason.
Every registered user cannot have more than one active accounts on the Website. Additionally, it is forbidden for registered users to sell, exchange, or in any other way transfer their account to third persons.
Once you complete and send the relevant order form stated on our Website, according to the present Terms, we will send you a message to the e-mail address you will have registered, where we will confirm that we have received the particular order and we will send you the order number mentioning the order date, that message serving as proof of the order. The sale contract between us will be deemed as concluded once you receive our confirmation e-mail. The order is binding only if it has been accepted by the Company and the relevant confirmation e-mail has been sent to you.
In case the product is out of stock, the Company will contact you and will either offer another similar product or cancel the order by returning you the entire sum of money you paid for the purchase of the Product and the delivery expenses, in case your order had been paid via a debit or credit card.
In case you place an order that includes more than one Products, we will process the order according to your instructions, namely either all in one or by several deliveries.
While your order is still pending and you processing it, you will be able to cancel your order or to change the information you submitted electronically. Once you finally submit your order, you will not be able to modify it. Change or cancellation of any order is accepted only as long as the order email confirmation has not been sent yet by the Company.
You will have access to your order information after its completion by going to the section “My Account” and “My Orders”.
When submitting the order form, in case it is explicitly stated that the completion of your order requires that the payment of the total price of the chosen Products first, then you explicitly and unconditionally acknowledge and accept that by completing your order you are obliged to pay for the selected Products.
Upon the final submission of your order, you explicitly and unconditionally state and accept that you have been informed of the total price of the Products chosen by you, as such price appears to the Website, and of any other kind of tax or added costs for sending, delivering or mailing and of any other expenditure as well as of the fact that when such added costs reasonably cannot be calculated beforehand, it is possible nonetheless that such added costs may be requested. The latter case mainly concerns orders with delivery address outside the European Union, where upon the final submission of your order, in advance you accept that import customs and taxes from the local customs authorities may be imposed, the amount of which cannot be calculated beforehand, and you will bear such cost. For more information you may contact the respective competent local tax authority.
The prices of the Products are displayed on the Website and are valid until the Company changes them. The Company has the right to change and correct at any time any information regarding the Products, the prices and other information published on the Website. Any change in the Terms and prices will not apply to orders already paid by you and accepted by the Company.
The sale prices are set at Euro and include the applicable VAT.
The delivery charges may change at any time.
For the purchase of Products through the Website, the Company accepts the following payment methods:
- payment by all Credit/Debit Cards as well as Prepaid such as Visa, Mastercard, Diners and all transactions are made through EveyPay's secure online payment service.
Apart from the price of the Product ordered, you will be charged the respective expenses of the delivery of the Product through a courier company, as described in term 7 hereinafter, as well as any additional charge as for example when the user/visitor chooses the delivery of the Product ordered, in a gift package. You will be asked to grant your previous consent for any such added charge every time you submit your order. For completing your purchase through the Website, you must follow the instructions you will find therein. On the order form you will be asked to fill out the number and the expiration date of your debit/credit card. As beneficiary of your debit/credit card, you are solely responsible for the accuracy and for the proper filling in of this information.
For orders over 150 Euros, we offer free delivery.
The receipt for retail sale will be sent to you along with the Product ordered and in case that upon the submission of your order, you have chosen the sending of the Product ordered in a gift package, the receipt will be sent to you via email before the delivery of the Product. In the meantime, should you wish to check your account, we kindly ask you to visit the Website and check the sections “My Account” and “My Orders”.
6. Security of Payments/Transactions
For safety reasons, our Company does not save the details of any debit/credit card for future use and therefore you will have to re-enter the card details every time you make a new purchase. Upon filling in the details of your debit/credit card as requested by the Terms of the Website, you explicitly and unconditionally state that you have the legal right to use this debit/credit card.
The Company bears no liability in case of unlawful use of debit/credit cards.
Upon providing the details of your debit/credit card, you explicitly and unconditionally state that you agree with charging your card with the total amount of the purchase you make on the Website, including every possible added cost. In case the transaction with your debit/credit card is rejected by the issuing bank or the network of the debit/credit card for any reason (indicatively for exceeding the credit limit or suspicion of fraud), then the purchase will not be completed. In such case, instead of the usual email for confirming your order, you will receive an email from the Company stating that the transaction was not completed successfully due to reasons relevant to the methods of payment.
7. Product Delivery
The company ships products within the Greek territory, as well as throughout Europe and USA. When submitting your order, please make sure that, the shipping address you enter is correct. The estimated delivery date of the product ordered, as well as the relevant tracking number of the order will appear in the email confirming your order. It is clarified that the estimated delivery date shall be used only as a guide and under no circumstances shall be considered as a guarantee for the delivery date of the order.
We aim at sending for delivery all orders we receive within the working day following their final submission, provided that the latter is completed until 2pm. In case an order is submitted after 2pm, on the weekend or on a national holiday, it will be processed by our company the very next working day. Working days do not include Saturdays, Sundays or national holidays.
The delivery of the products ordered to an EU country will take place no later than 30 calendar days from the conclusion of the sale agreement.
Orders are delivered to the shipping address declared between 9am and 5pm (Athens time).
The delivery of the Products ordered is carried out by cooperating courier companies to which the Company forwards your information that is required for the delivery and the execution of the order, such as your first and last name, shipping address and contact phone number.
As long as the Company undertakes the shipment of the products ordered, you explicitly and unconditionally acknowledge and accept that, you bear the risk of their loss or damage when you or a third party, other than the courier, obtain physical possession of the Products. However, without prejudice to any rights you may have against the courier, you bear the risk upon delivery to the courier, if the latter has been mandated by you to transport the products and this option was not offered by the Company.
The delivery of your purchase may be delayed, without any responsibility of the Company, indicatively for following the reasons:
i. Due to extreme weather conditions or strikes or international customs issues or other incidents of force majeure. In such case, the Company will contact you by phone or e-mail in order to confirm if you still wish to have your order delivered after the termination of such circumstances or you wish to cancel your order where, in such a case, the Company will refund the amount you paid for the purchase of the Product as well as any shipping costs.
ii. In case it is impossible to contact you by phone or via e-mail (if, for example, there is a problem with the order, either regarding the Product or its payment), because e.g. the information you entered in the order form is not correct.
Delivery of the products will take place once the person found at the address declared by you signs the receipt of your order. For this reason, please make sure that someone is available to pick up your order and sign it.
If there is no one available to pick up and sign the receipt of the order at the shipping address provided by you, the cooperating courier company with a relevant message in your mobile phone or landline, will inform you that it was not possible to deliver your order due to your absence as well as where and how you will be able to receive your order. In case it is not possible to contact you regarding the place and time of delivery of the product ordered, the latter will remain at the store of the cooperating courier company for ten (10) days, while at the same time a relevant informative message will be sent to you by mobile phone. In such case, you bear the risk of damage or loss of the products. In case you do not receive your order within ten (10) days from the store of the cooperating company, the ordered Product will be sent back to the Company and will no longer be available for delivery.
Right of unjustified withdrawal
Within fourteen (14) days from the day the Product was received by you or by a third person indicated and authorized by you, you have the right to withdraw from the sale contract, for any reason (“unjustified withdrawal”). In case an order consists of several pieces delivered to you in parts according to your choice, the above period of unjustified withdrawal begins from the day you received the last piece of the above order.
In case of withdrawal, you must inform the Company regarding the withdrawal decision with a relevant explicit statement, stating the details of the order or invoice (Number, date, name) description of the Product and your contact details. Unjustified withdrawal from orders made from the website of the Company can take place through three different ways:
- Through the contact form available at the “Contact” link. Specifically, you will be able to select the “Contact” link at the bottom of the Website and by filling in your details, to contact the Company, directly for any issue, even to annul the order. Requests for annulling orders, that will be made through this form will be processed by the Company within 24 hours from their receipt and you will be informed of their progress via email.
- Via email to the email address of the Company mentioned at the beginning of these Terms. In this case as well, the requests regarding order annulment will be processed by the Company within 24 hours from their receipt and you will be informed of their progress of their progress via email.
- Via post at the address of the Company by submitting the “Form of Right to Withdraw” form found at the end of these Terms, completed with the details demanded
In any case, the Company must be informed of your intention to annul your order without justification within the deadline, of fourteen (14) calendar days. In case of out of withdrawal after such period, i.e. annulment which is notified to the Company after the 14th calendar day from the receipt of the product (or the last piece of an order consisting of several products), you will be deprived from this right and the Company will be entitled to refuse the refund according to the provisions of the legislation.
In case of legal and timely withdrawal according to the above: a) the Company will refund the amount of the price you paid for the purchase, including shipping costs (if they were charged at the time of ordering), without unjustified delay, within fourteen (14) calendar days from the date of your request according to the abovementioned. If the purchase was made using a debit/credit card, the refund will be made by bank transfer to your debit / credit card used for your purchase. b) you will return the product to the Company (at the address mentioned at the beginning of these terms) in its initial and excellent condition, repackaged in the special package in which you received it, with all the labels and the relevant accompanying documents. The return of the product must be done without unjustified delay and in any case within fourteen (14) calendar days from the day of sending the withdrawal request to the Company. In case, for delivering the product, you choose a different method than the original offered by the Company, you will be charged with the cost of returning the product through a courier company of your choice, in accordance with applicable law. It should be noted that the Company, at its discretion, may withhold the refund of the price until it receives the product returned or until you provide proof that you sent the product for return, whichever happens first.
You explicitly and unconditionally agree that you will be liable for any reduction of the value of the product in the event of this is used differently than its nature, characteristics, and function when testing it, as provided by law.
In case the Products are returned destroyed or incomplete, the Company is entitled to request compensation from you, the amount of which will be determined with regards to the condition of the products, and to proceed unilaterally and without notice to total or partial offset of its claim. The above right of withdrawal does not apply to cases where the products were made according to your special order and according to the specifications of the user/ member or are clearly personalized and to products sealed which are not suitable for return, for reasons of health protection or for hygiene reasons and to products unsealed after the delivery. In any case, each such non-returned product will have a relevant indication when uploaded on the Website, through which the user/ Member will be in advance informed that these products cannot be returned.
8.2 Product returns due to delivery error
In all cases where the products delivered, are different from those ordered, by type or quantity, you will be able to return the products to the Company in order to check and find the error. In such case, the company bears the costs of returning the products to it, as well as the costs of returning back to you such, provided that the method of return proposed by the Company is chosen. The Company will return the product to you within the time limit specified in term 7 abovementioned, which will begin as soon as the Company sends you an email confirming the error.
8.3 Returns of defective products
In case of a substantially defective product or a product whose characteristics differ substantially from those of the one ordered, you shall immediately inform the Company via email providing an accurate description of the situation. At the same time, the product shall not be damaged or destroyed and shall have all original documents that accompanied the product, e.g. retail receipt and its full package.
Then, following a communication with the Company and upon receipt by the latter of the defective product and finding of the reported defect, you are entitled to, alternatively:
- Request correction or replacement of the product, without any charge for you, with the exception of exceptional cases in which the correction or replacement are impossible or require disproportionate costs from the Company.
- Either receive another product similar to the one returned or to withdraw from the contract as described in c) mentioned hereinafter, in case the replacement of the defective product with another same product is not possible for the Company due to lack of availability (out of stock).
- To withdraw from the contract. In such case, you shall inform the Company via email and then, following the communication with the Company, send the product to it through the cooperating courier company. Upon receipt of the defective product, the Company will immediately return the total amount you paid for the purchase of the defective product, as well as the initial shipping costs of the product, if these were charged at the stage of your order, as specifically described in term 7 hereof.
In case the products are returned destroyed or incomplete, the Company is entitled to request compensation from you, the amount of which will be determined by the situation of the products and to proceed unilaterally and without notice in full or partial offset of its claim.
9. Intellectual Property Rights
The content of the Website, including trademarks, logos, texts, graphics, images, photos and software, constitute copyright of the Company and is protected by the relevant applicable Greek and International legal provisions. Furthermore, the design and presentation of the Website, and its options also constitute creative work belonging to the copyright of the Company.
Any copying, analog/digital recording and/or mechanical reproduction, distribution, transfer, downloading, manufacturing, sale, derived work creation or misleading of the public regarding the original provider of the content of the Website is prohibited.
Any reproduction, republication, upload, announcement, dissemination or transmission or any other use of content by any ways or means for commercial or other purposes are allowed only after prior written authorization of the Company or any other lawful proprietor of the aforementioned intellectual property rights. The appearance of the content on the Website shall not be considered as license transfer or assignment or right of use by any means of any of the data aforementioned.
The corporate name or/and the Website title or/and any of its logos are not allowed to be used by any third party and for any reason without precise, prior written authorization by the Company.
10. Limitation of Liability
The Company is not liable and is not subject to any liability for indemnification for any defect or damage arising from cancellation of orders.
We do not guarantee availability of products displayed on the Website but we inform the user, according to our records, if it is available or not and, if there is a change in such records, we undertake to inform you promptly regarding the availability, in such case also we are not subject to any further liability.
Under no circumstances is the Company liable under civil or criminal law for any damage (positive, special or consequential, which indicatively and not exclusively, alternatively or/and cumulatively constitutes a loss of profits, data, compensation etc.) that a user or third party may experience for a reason arising from the operation or not and/or the use of the Website and/or the inability to supply Products and/or the information that is available by such user/third party and/or from any non-permitted interferences of third persons to products and/or information provided by such third party.
The Company is not liable for negligence, but only for its willful conduct or gross negligence.
The Company is not liable for any direct or indirect, positive or consequential damage of the users-visitor of its Website due to illegitimate actions of third persons (e.g. interception or decoding of passwords and data), transmission of viruses at the time of using the Website or reproduction (downloading) of items of its content or problems, that possibly arise when using computers (e.g. loss of data etc.).
The Company is not liable if, in case of and for any reason, including the case of negligence, the operation of the Website is suspended or access is difficult or/and impossible or/and, despite the compliance with security measures, “viruses” or other harmful software are detected and transmitted to the terminals of the users/visitors, or if third non-authorized persons intervene by any means to the content and to the operation of the Website by disabling the use of the Website or cause problems in its operation or by intercepting information that may relate to the personal data of the user.
Furthermore, the Company is not liable for any access downtime to the Website for reasons that do not come from its sphere of influence, and also for reasons concerning technical or other kind of defect of the network or for reasons of force majeure or accidental events.
Any rights and/or claims you may have from the sale contract are subject to a two-year time limitation, commencing from the delivery date of the product.
11. Liability of the Website User
You explicitly agree and undertake to use the services, information and data of the Website according to law and rules of good faith and commercial practices.
You are obliged to not use the Website or the Facebook/Instagram accounts of the Company for sending, posting, sending via e mail or transmitting by other means:
- Of any illegitimate for any reason content, that causes illegitimate offence and damage to the Company or to any other third person or violates the confidentiality or the restricted information of any person
- Of any content, that causes violation of public morality, social values, underage status etc.
- Of any content, for which users have no right of transmitting according to law or valid contracts,
- Of any content, that violates any patent, trademark, trade secret, copyrights or other rights of property of third persons by any means,
- Of any material containing software viruses or any other codes, files or programs that have been designed for the purpose of downtime, cause of damage, destruction of the operation of any software or computer material, or for: willful or unwilful violation of the applicable law or provisions, harassment of third persons by any means, and also the collection or storage of personal data regarding other users.
Moreover, you are obliged not to use the Website of the Company or its Facebook/Instagram accounts in order to post content or other means of communication that contains (a) political or other illicit, abusive, illegitimate, inappropriate, untrue, inaccurate, menacing, insulting, vulgar, aggressive, defamatory material or content that urge on actions punishable under criminal law, (b) any type of advertisements, (c) personal data (as Tax Identification Numbers, addresses, dates of birth, telephone numbers etc.), (d) classified information regarding the Company or its associates, spam, chain letters, fake emails, contests and promotional material, (f) messages that provide unauthorized use of content that is subject to copyright or personal information and (g) information similar or related to the aforementioned.
Furthermore, you explicitly and implicitly agree and accept that all parties, associates, employees, administration, shareholders and other associates of the Company are not liable by any means for any action of those aforementioned which any registered user may performed.
The Company is not liable for material with features as those aforementioned, which comes from third parties and is displayed on the Website.
Any contrary use shall also result, apart from any applicable civil and criminal sanctions, to deletion without any notice of this content and at the same time to deletion of the account that violates the present Terms.
12. Third party links on the Website
The Website may interact with other websites via links only for convenience of the users-visitors/registered users. The Company is not liable for any direct or indirect damage of the users/visitors, that may arise from the option connect with other website via links or from the use of data and information, that are included in any similar website.
13. Protection of Personal Data
14. Applicable Law/Jurisdiction
The present Terms are governed by Greek law. In case any of the Terms is deemed as void and/or non-enforceable, even partially for any reason, the remaining terms that are not affected shall continue to apply and shall remain in full force. The Courts of Athens shall be competent to rule on any dispute that may arise in relation to these Terms.
15. Conflict Resolution/ Agreement on Jurisdiction
It is noted that the aforementioned procedure operates as an extrajudicial settlement process providing the Company or he user with the ability to withdraw from the process at any stage, but before the issuance of decision, where the Alternative Dispute Resolution body (hereafter “ADR”) drafts a minute of failure and afterwards, in case one or both parties wish, a process of dispute resolution before the competent courts follows according to the art. 15 above.
In good faith, the Company recognizes the consulting character of the decisions of the Authority that may review the issue, but is not bound to enforce those decisions.
The Company is not liable for any breach of the present Terms arising from an event of force majeure, as well as, for any delays caused by events that fall out of its control, such as indicatively extreme weather conditions, earthquakes, floods, fires, emergency situations, disasters, strikes within the Greek Territory or abroad, wars, terrorist actions and in general, any event that does not allow the proper execution of the orders. The Company shall proceed to all necessary actions in order to comply with its obligations within a reasonable period of time.
The Company may enter into agreements for the assignment of its obligations to any appropriate third person.
The non-exercise of the rights of the Company arising from the present Terms shall not be considered as a waiver from those rights.
Browsing, access and use of the Website and of the relevant services take place exclusively at each visitor’s/user’s own risk. The content of the Website does not constitute and shall not be interpreted in any case as offer of any advice or incision, direct or indirect, towards the users to perform any action.
RIGHT TO WITHDRAW FORM
Complete and return this Form only if you wish to withdraw from the contract.
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*).
Order Number **
Email on Order **
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
(*) Fill in as appropriate
(**) Helpful if you can provide this, not required