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.
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.
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.
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.
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.
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.
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.
7. Limitation of Liability
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.
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.
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.