Terms & Conditions

The current dimitriskalergis.com website (hereinafter referred to as “Website” or “dimitriskalergis.com”), has been created and is operated by Dimitris Kalergis. Any use of dimitriskalergis.com requires your prior consent to these Terms & Conditions. Please check them frequently. Whenever a change applies on the Terms and Conditions, registered members will receive a notification. Any use of dimitriskalergis.com after such notification shall constitute your approval of the new Terms and Conditions. These Terms of use constitute the sole legally binding agreement between you and Dimitris Kalergis, with his main trading office based in Konstanta 139, Volos, PC 38221, Greece (hereinafter referred to as “we”, “us” etc.). If you do not agree with these Terms and Conditions then you are not authorized to use dimitriskalergis.com services.

 

1. Registration – User Account

1.1  The first time you proceed to buy our objects you should provide your billing details and create an account. If you want to be a registered member, you must be aged 18 or more. Your registration in dimitriskalergis.com shall mean that you are an adult and have full legal capacity.

1.2  During registration we ask for your first and last name or your company name and your email address. We also ask for your billing and shipping address and your phone number. In order to register an account and access the services of dimitriskalergis.com you are required to submit a valid e-mail address, so that your account can be activated. Your registration is complete when you confirm your registration following the link sent to your email.
1.3  If you’d like to receive our newsletter, you must subscribe by entering your e-mail address in the newsletter section of the Website (Newsletter). You can change your email and password and stop receiving email notifications and newsletters by editing your profile (My account). It is your responsibility to keep your information updated and true.
1.4 You are personally and solely liable for all actions that take place vιa your user account. You are obliged to immediately inform us in case you become aware of any unauthorized use of your account or any possible security violation. You are solely responsible for the careful use of your account and your proper log-out after the end of each use of our services. The website dimitriskalergis.com is not liable for any damage caused to users who fail to comply with this term.

2. Personal Data – Privacy Policy

2.1  The website dimitriskalergis.com keeps a Personal Data File of its registered users. We keep only the personal data that you provide us during registration or when you contact us through the Website contact form. Data Processing takes place according to all applicable Greek and European laws and regulations. Purpose of this Processing is in principle the provision of our services to you, as described in our website. Your data are safely stored in a server within Greece for the period required depending on the nature of each service. Your approval of these Terms of Use also provides yoυr explicit consent to keeping and processing your personal data, as described above.

2.3  Your e-mail address will not be used for spam e-mails. If you subscribe to our newsletter, you will receive e-mails about dimitriskalergis.com news and our new products, each of which will contain an opt-out option. We will never publish, sell or disclose your personal information to anyone. We will only share your personal information with others, if we are required by law or by a court order or authorized law enforcement personnel ask us.
2.4  Our employees and contractors as well as third-party service providers who work on behalf of or with us, might be allowed access to your personal information only if needed, exclusively in order to provide some of the services and features of our Website, such as analyzing data, providing marketing assistance and providing customer service.
3. Copyright and Trademarks
3.1  Dimitris Kalergis is the sole copyright proprietor of the design and the whole content of this Website, including in particular architectural and graphical designs and original object designs, which are available through dimitriskalergis.com. Any copyright infringement will result in liability and possible legal action against the violator, as stipulated by the law.
3.2  More specifically: All objects displayed and sold through the Website as well as all architectural and graphical designs are original intellectual works, inspired and created by Dimitris Kalergis. Also, the source code, design, layout and database of the Website, all content on them or content available through the services (including text, graphics, pictures, designs, video, information, applications, software and other files, their selection and arrangement), belong to the exclusive intellectual property of Dimitris Kalergis, all rights reserved. Parts of the content of dimitriskalergis.com may be copyrighted material belonging to third parties (legal or natural entities), which have provided their legal permission to such use by dimitriskalergis.com. Infringement of such rights in any manner shall result in liability of the violators, as stipulated by the Law.
3.3  Indicatively and not restrictively, it is prohibited to copy, edit, modify, publish, distribute in any manner parts or the entire content of the Website dimitriskalergis.com, including indicatively, designs, texts, pictures and database content, as well as any available software programs, without prior written consent of the rightful owners. Images on this Website are incorporated for viewing purposes only and may not be saved or downloaded in any format. It is also prohibited to copy, edit, decompile or use in any unauthorized manner dimitriskalergis.com source code.
3.4   In case you send us pictures of your place you hereby agree and provide your explicit consent to display your picture(s) on dimitriskalergis.com. Nevertheless, we are not bound to publish any picture sent by our customers and we reserve the right to keep and/or delete content on the Website without any notification to anyone.
3.5  All trademarks included in dimitriskalergis.com are registered trademarks and protected distinctive titles and/or brand names Dimitris Kalergis and of third parties (organizations, companies, other beneficiaries, etc). Such trademarks are protected under the provisions of Greek and European law, international conventions and treaties. Other product and company names mentioned herein may be trademarks of their respective owners. The use of trademarks and / or brand names and distinctive titles without prior permission of the rightful owners is absolutely prohibited.
4. Products and Pricing Information
4.1  You acknowledge and agree that all purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person or region, without explanation.
4.2  We also reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we shall be entitled to cancel the order and inform the relevant authorities.
4.3  All prices are shown in euros (€). The prices and the designs of our products may be subject to changes without notice. As existing and applicable each time is deemed the price displayed on the Website at the time of the order. Prices changes will not affect orders in respect of which we have already sent you a confirmation of order. All prices include VAT.
4.4  Please be aware that, due to the nature of production (hand-made) and materials (wood) of our products, although we have made efforts to ensure that their colour and design are displayed as accurately as possible, we do not guarantee the accuracy of the colour or design of the products on the Website. Minor differences are possible and they do not consist a wrong fulfillment of your order.
5. Purchase Terms
5.1 Payment

Orders from the dimitriskalergis.com online store may be paid by: a) direct bank transfer, b) using a credit card or debit card, c) PayPal, or d) by cash on delivery (Greece only). We will not ask you for any payment until we have made sure that the order for the Product(s) you wish to purchase can be processed. In case you choose direct bank transfer, you have to use your Order ID as the payment reference. Your order won’t be shipped until the funds have cleared in our account. The website dimitriskalergis.com uses Alpha Bank Payment redirect Service to provide the highest level of security for payments processed through this Website. Alpha Bank ensures your security by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process. Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the checkout process. Once you have completed the payment process, you will receive a confirmation e-mail of your order.

5.2 Shipping

For the shipping of your products we use DHL, TNT and ACS services. You may be informed about their terms of delivery by visiting their website DHL (www.dhl.com), TNT (www.tnt.com) and ACS (www.acscourier.net) accordingly. Delivery charges have to be paid by the customer and they are included in the final cost of your order. Our liability ends upon our proper delivery to the carrier company. In case your order has not been received within the timescales set out on the Website, according to the shipment method you have chosen, please check first with your local mail delivery office to check if they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.

5.3 Right of withdrawal

Purchase of products through dimitriskalergis.com is a distance contract in the sense of Directive 2011/83/EU, therefore you have the right to withdraw from this contract within a period of 14 days, beginning on the day of delivery to you, without giving any reason, and without incurring any costs other than delivery costs, if you have chosen any delivery method, other than the cheapest available. If you’d like to exercise your right to withdrawal, before the expiry of the withdrawal period, you shall inform us of your decision. For this purpose, you may either use the model withdrawal form as set out in Annex A of these Terms or make any other unequivocal statement setting out your decision to withdraw from our sale contract and send it to [email protected] or to our mailing address (Dimitris Kalergis, Konstanta 139, Volos, PC 38221, Greece). This will terminate our obligations from the contract. You should then return our products as soon as reasonably practicable, respecting the conditions of paragraph 5.5 below. Within 14 days of receiving them or within 14 days of you providing us with proof of return, we will refund all costs, including delivery costs, unless you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by our Website. In that case, we will not refund the supplementary costs.

5.4 Returns and Exchange Policy

If for any reason you are not happy with your purchase, you may exchange or return new or unused products within fourteen (14) days from the date on which the products were shipped to you. Please note that your right to exchange or return products is separate from your right of withdrawal, which is provided by law. In such case, you have to contact us and inform us about your request of return or exchange, by giving the reason of your decision. If you wish to exchange a product, you may be required to pay an additional amount, in case the replacement product is more expensive that the original item purchased. If you are returning goods for exchange or return, you are responsible for both initial delivery charges and the cost of returning them to us. You will also be liable for any delivery costs incurred to send you any products as exchanges. In case of return, you will only be refunded the value of the products ordered. We will only bear the return costs and subsequent re-delivery costs if the return is a result of our error (e.g. wrong order or faulty products). We reserve the right to reject the return of products that do not meet the requirements of next paragraph and we may request that you pay for delivery charges in returning such goods back to you. Please note that you will only have to bear the return costs of the products.

5.5 Conditions of all returns 

In any of the above cases (withdrawal, return or exchange), all products must be returned to us unused, together with their original packaging. You must take reasonable care of returned products. Any refund may be withheld or a charge may incur if you fail to take such care and cause damages to the products. Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with delivery charge prepaid.

5.6 Customs

If you order products from our Website for delivery outside the EU you may be subject to import duties and taxes, which are levied when the package reaches its final destination. Please note that we have no control over these charges and cannot predict them, therefore any additional charges for customs clearance must be borne by you. For further information you should contact your local customs office, as customs policies vary from country to country. Also, when ordering from our Website, you are considered the importer of the purchased products and you must comply with all relative regulations of your country. Please be aware that cross-border deliveries may be subject to inspection by customs authorities.

6. User Obligations
6.1  The website dimitriskalergis.com is intended for personal, non-commercial use. As a condition of your use of dimitriskalergis.com, you warrant that you will not use them for any purpose that is unlawful or prohibited by these Terms & Conditions.
6.2  More specifically: as a user of dimitriskalergis.com, whether registered or not, you agree not to:
  1. Access the Website with any manual or automated process for any non-legitimate purpose.
  2. Attempt to interfere with the Website’s network or security features or to gain unauthorized access to our systems.
  3. Reproduce, duplicate, copy, sell, trade, resell or exploit any part of dimitriskalergis.com.
  4. Allow any third person to access or use your account in dimitriskalergis.com.
  5. Use dimitriskalergis.com in any way that is illegal or does not comply with these Terms and Conditions.
6.3  You agree to review the Terms regularly and your continued access or use of our Website will mean that you agree to any changes.
6.4  If we note or suspect any breach of these Terms from any registered user, we may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict his/her access to dimitriskalergis.com.

7. Limitation of Liability

7.1  By accepting the present Terms of Use you acknowledge and agree not to raise any claims against Dimitris Kalergis, his associates or representatives, arising from or related to any direct or indirect damage imposed on you from your use of dimitriskalergis.com, its services or products sold through the Website, including the case of negligence.

7.2  You understand and accept that we undertake no responsibility for the delivery of our products to you. Our liability ceases upon delivery of any ordered items to the shipping company.

7.3  We do not warrant the accuracy and validity of the information contained on the Website in any form it may be available, e.g. images, video, text, graρhics, etc. Given the nature and volume of information on the internet, under no circumstances and for no reason, including negligence, we shall not be liable for any damage, loss or moral damage resulting from the use, availability or unavailability of services and content of the Website, as well as from the use of our products. You visit our Website, read our information, buy and use our products exclusively on your own initiative and at your own risk, being solely responsible for your actions.

7.4  Any information contained on the Website, including advertisements in any way they may appear, should under no circumstances be considered as valid information, advice or incitement to a particular act.

7.5  We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Website, including terminating, changing, suspending or discontinuing any aspect of the Website at any time, without notice. We may impose additional rules or limits on the use of our Website. As a user of dimitriskalergis.com, you agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Website or for any service, content, feature or product offered through our Website.

7.6  We shall not be liable for any failure to perform or for delay in performance of any of our obligations, that is caused by events outside our control (Force Majeure), including, without limitation: strikes, fire, flood, act of God, riot, embargo, fuel or energy shortage, delay in transportation, impossibility of use of telecommunication networks, acts of government, inability to obtain necessary materials or manufacturing facilities from usual sources or failure of suppliers to meet their obligations etc.

8. Lack of Warranty

8.1  All content of our Website is provided on an “as is” basis, without warranties, representations or conditions of any kind, either express or implied, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our Website available are free of viruses or other harmful components.

8.2  The use of our Website is at your own risk and you assume full responsibility for any costs associated with your use of our Website. We will not be liable for any damages of any kind related to the use of dimitriskalergis.com. In no event will Dimitris Kalergis, our affiliates, our or their respective content or service providers, or any of our or their respective directors, contractors, suppliers or employees be liable to you for any loss or damage arising from your use of, or the inability to use, of, our Website or its content.

8.3  Moreover, our Website may contain typographical errors or inaccuracies and it may not be complete or current. We reserve the right to correct or not correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice to anyone. Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.

9. Indemnification

You agree to defend and indemnify us, and/or our associates, advertisers and partners and any of our/their directors, employees and agents from and against any claims, damages or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of these Terms & Conditions or the documents referenced herein, your violation of any law or the rights of a third party or your use of dimitriskalergis.com.

10. Cookies

The Website might use cookies for your identification in some of its pages and services. A cookie is a small piece of data sent from a website and stored in a user’s web browser while the user is browsing that website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user’s previous activity. Cookies do not contain any information that personally identifies you and they enable some functionalities of our Website. Cookies do not cause damage to your system and do not affect its functionality in any way. They also make navigating easier for you by saving your settings. You may configure your web browser settings, so that you refuse to accept cookies. Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our Website. You may also delete cookies already stored on your computer, manually, by your browser settings.

11. Links to third-party sites

11.1  The website dimitriskalergis.com may contain hyperlinks to websites operated by third parties. Such hyperlinks are provided for your reference only and they cannot be construed as suggestion or exhortation to register or pay subscription fees to these websites. We do not control such websites and we are not responsible for their contents or your use of them. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

11.2  The website dimitriskalergis.com provides no warranties or representations regarding the accuracy of Third Party links or their constant or temporary function. The number of links to Third Party Websites included in the content of dimitriskalergis.com is indicative and not restrictive. We reserve the right to add or remove these links. We have no legal obligation to include particular links within the Website’s content.

11.3  By using dimitriskalergis.com you understand and agree that Dimitris Kalergis does not control and is in no manner responsible for the content of hyperlinks included in the Website, their services/products, advertisements, availability, and pricing of products, the pricing policy of companies they suggest. We are also not responsible for any financial or other damage you might suffer if you visit these websites via hyperlinks included in dimitriskalergis.com. You follow hyperlinks at your own risk and initiative.

12. Miscellaneous Terms

12.1  This agreement is governed by the laws of Greece. You hereby consent to the exclusive jurisdiction of the courts of Volos, Greece, in all disputes arising out of or relating to the use of this Website. You agree that the services provided through the Website shall not give rise to personal jurisdiction over dimitriskalergis.com, either specific or general, in jurisdictions other than Volos. Use of dimitriskalergis.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event a user claims a dispute with dimitriskalergis.com in relation to the service, content or under these Terms and Conditions, and the dispute is not resolved by negotiation, the user agrees to submit the dispute to mediation before going to court.

12.3  We may, and you may not, assign, convey, subcontract or delegate rights, duties or obligations hereunder. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of dimitriskalergis.com.

12.4  Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

12.5  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

12.6  This agreement constitutes the entire agreement between, you, the user and Dimitris Kalergis, with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and us regarding dimitriskalergis.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No amendment of these terms will be taken into consideration and become a part of this agreement, unless expressed in writing and incorporated in it. For any dispute arising between dimitriskalergis.com and any user an effort for an out-of-court settlement and compromise is required.

12.7  If you do not agree to these Terms and Conditions you should not proceed to using the services of dimitriskalergis.com.

Any rights not expressly granted herein are reserved.