Terms and Conditions
General Transaction Terms
Last updated: 20/04/2018
1. GENERAL INFORMATION
Welcome to the e-shop fashionfactory.gr, which sells products of the company under the name CHRISTOS SPANOS & CO., CLOTHING TRADE, seated at number 15 Aratou Street, with a branch at number 67 Riga Fereou Street, Patras, with TIM 999907292, First Tax Office of Patras, tel. +30 2613-025399, contact person: Christos Spanos.
2. DESCRIPTION OF SERVICE
The e-shop fashionfactory.gr displays, promotes and resells the products of suppliers with which it cooperates. The company reserves the right to freely choose the products promoted in fashionfactory.gr and to amend, renew and/or withdraw these at any time without prior notice. The same applies to its pricing policy, as well as to any offers and discounts, which it may select and provide freely and amend, renew and/or withdrawn at any time, without prior notice and/or complying with any deadline.
3. RECEIPT OF ORDER REQUESTS & ORDER COMPLETION
The e-shop fashionfactory.gr cooperates with numerous suppliers, importers and manufacturers (foreign and domestic), in order to offer a very wide range of products at the best prices. Therefore, although we take every possible measure to ensure the availability of our products as displayed in fashionfactory.gr, a product displayed in fashionfactory.gr may ultimately not be available or may not be available within the delivery times stated in fashionfactory.gr, for reasons beyond our own sphere of influence. For this reason and to ensure your fullest possible information and greatest possible protection from unforeseen events, orders are completed as follows:
Upon sending your order request, an automated message appears containing the information of the order request to be received by our company, which shall be sent you the email address you have provided us with. We receive all your requests subject to a check of the availability of the products included in your order request (this check takes place after the start of the processing stage that follows your request). Our company does not start processing your request at the stage of receiving your request and the automatic display of the content of your order request.
b) PROCESSING OF ORDER REQUESTS- Provided that your order request is sent from 9.00 to 13.30 on working days and hours (Monday to Friday), you will instantly receive a message at the email address you have provided us with, informing you that your request is being processed by our company. Otherwise, you will receive said message within the following working day. When processing your request, we check the availability of all products included in your order request.
i) If all products included in your request are available within the delivery time stated in our e-shop, a message will be sent to the email address and/or mobile phone number you have provided us with, confirming your order and including all details thereof. Shipment of products shall be made on the basis of the delivery schedule of our collaborator courier company.
ii) If one or more item(s) in your order is not available and/or a product will be available after the delivery time indicated in our e-shop, our Company shall contact you by sending you a message at the e-mail address or mobile phone number that you have provided or by direct telephone call by our representative (or all of the above) to consult with you for any modification, correction or cancellation of your order. If we are not able to contact you within 10 days from your sending an order request, your request shall be automatically cancelled and you shall have to send us a new request. In any case, your new order (modified or otherwise) shall be sent to you again by e-mail and/or to the mobile phone number that you have provided, constituting the order confirmation, based on which your order will be executed. Shipment of products shall be made on the basis of the delivery schedule of our collaborator courier company.
c)The Company may contact you via e-mail and/or message to the mobile phone number that you have provided at registration, during the entire period until the delivery of your order for any issue regarding your order taking, processing, execution and/or shipping and/or the payment and/or the return of the products or for any other matter. The parties agree that this communication (via e-mail and/or sms message on the mobile phone that you have provided) covers the legal requirements for your written information, notification, order confirmation, where and when required by law. If you wish to express objections, or receive clarification on the message content that you received as above, or for any other reason, please contact us either by sending an e-mail and/or by replying to the sms message that you have received and/or by calling us directly at the telephone number + 30 2613-025399.
4. PAYMENT METHODS
For your convenience, our company offers a selection for the payment method of products that you are interested in buying, which, as detailed below, among other things, related to your order request processing time and/or the shipping time of the product. After deciding the payment method that best suits you, select the corresponding payment method in the dedicated field of your order request form and enter the required data, if applicable. The collection and processing of the payment information that you provide us fall under the strict policy of protecting your personal data followed by our company and the data is collected and processed safely and carefully and only after your consent provided by sending your order request. In particular, credit card payments are accepted in cooperation with our financial institution partners with all the necessary security measures to ensure maximum protection of your online transactions and ensure your payments.
The payment methods are specifically as follows:
a) CASH ON DELIVERY - Once you select this as a payment method, you will have to pay the corresponding price (including any agreed fees e.g. for shipping) upon receipt of the product by the courier of our choice. This method of payment is provided only for deliveries within the Greek territory.
b) BANK ACCOUNT DEPOSIT - If you select as a payment method the deposit in a bank account, then you shall have to pay the order (and any agreed fees e.g. for shipping) beforehand in order to start the processing of your order request and the reservation of the products included therein, to one of the company's accounts appearing in the order form and in the e-mail that you will receive immediately after processing your order, indicating your order number with your payment.
Then, send us a copy of the deposit by e-mail at email@example.com. After receipt of a valid copy of the deposit of the total amount, we will process and confirm the order and send you the corresponding e-mail and/or message to the mobile phone number that you have provided. In case of failure to receive a copy within 7 calendar days or of reception of a non-valid copy of the deposit of the entire amount, your order will be cancelled without penalty and the sale contract shall be deemed to have never been concluded. The corresponding order request cancellation message shall be sent to the email address and/or mobile phone number that you provided. In case of cancellation or modification of your order up to the dispatch of the product(s), we shall proceed to the interest-free refund of your money, after contacting you in one of the above ways (article 3 hereof) to receive the bank account number to which you wish the refund deposit to be made.
c) BY CREDIT CARD - fashionfactory.gr accepts Visa and Mastercard credit cards. With the credit card payment method, payment is processed and completed by our trusted partner-banking institution, providing all safety guarantees for electronic transactions. i) Before confirming your order, your credit card will be pre-approved by reservation of the total amount (price and any agreed fees, e.g. shipping fees) in order to also reserve the product(s) that we will send you. For credit cards that for technical reasons do not allow pre-approval, final charge of the total amount shall take place at this stage. If at the stage of confirmation of your order a problem with your pre-approval arises, the Company shall contact you by one of the ways referred to in article 3c hereof to consult with you on the issue. If we are not able to contact you with none of the above communication means within 10 days from your sending an order request, your request shall be automatically cancelled and you shall have to send us a new request. In this case the corresponding order request cancellation message shall be sent to the email address and/or mobile phone number that you provided. In case of successful pre-approval, your card shall be permanently charged at the dispatch of the goods to you.
ii) If at any point, even after the dispatch of the product that you have ordered, even if the above pre-approval has been received, by chance or due to a technical error or for any other reason, the final charge on your credit card of the corresponding amount and fees, our Company has the right to proceed with the final charge of the amount and fees that correspond to the executed order at any subsequent stage, at any time. At your final charge, a relevant message will be sent to the email address and/or mobile phone that you have provided.
If you choose to pay by credit card you have to be present at the reception of your order with your credit card and your identification document. If the order is carried out with the data and in the name of a company, then the credit card that you use has to be a corporate credit card. This means that it has to have been issued with the information of the relevant company. Moreover, the authorised holder of the credit card must be present at delivery and present his ID Card.
5. PRODUCT DELIVERY/SHIPPING FEES
a) With the confirmation of your order you will be notified by a message at the e-mail address and/or mobile phone number that you have provided for the delivery time of your products depending on the area you have chosen to send your products.
b) In any case your order will be sent to you by our company or our partner courier of our choice during working hours and days (Monday - Friday, 09:00-17: 00). Under the main delivery schedule of our partner courier deliveries are performed as follows:
- in Achaia within 24 hours of sending the goods to the courier
- - in prefecture capitals within 24 hours of sending the products to the courier (except islands)
- - in other areas within 48 hours of sending the products to the courier except for remote areas, where they may be delivered in 72 hours
Our company and its partners take all necessary measures to ensure safe delivery to you of the products ordered on the basis of the above schedule. However, it is not responsible for any delays due to force majeure or events beyond its control. Indicatively, it is not responsible for delays in delivery caused by delays in customs, intermediate loading and unloading facilities, transport means or other strikes that affect the delivery of goods to our warehouses by our suppliers etc. In case of any delays our company will make every effort to contact you with the details that you have provided in order to inform you and consult with you about the new delivery or the delivery of another product.
Although we take every care to keep you updated with regard to any lack of availability of a product, it is likely to have unexpected shortage or unavailability of a product from our suppliers (after confirmation of your order). In this case, our company shall make every effort to contact you based on the communication details that are referred to under article 3c above and inform you and consult with you on a new delivery or the delivery of another product or the cancellation of the order without penalty for both parties and the interest-free refund of the money that you may have paid within a reasonable time.
c) Subject to any special charges to be expressly provided for in a product which has been posted on our website and in any case in your order confirmation, generally the shipping fees are as follows:
- for orders of a total value up to 60 € including VAT and under 8 kg, the shipping fee is 5 € VAT throughout Greece. For orders to Cyprus of a total value up to 100 € including VAT and under 8 kg, the shipping fee is 8 € VAT.
- for orders of a total value over 60 € including VAT and under 8 kg, shipping is free throughout Greece. For orders to Cyprus of a total value over 100 € including VAT and under 8 kg, shipping is free.
- for orders weighing 8 kg or more, the fee varies based on the total weight of the order and the shipping destination
6. PROCEDURE FOR RETURNING GOODS
a) The procedure for returning goods that you ordered from our website is simple and takes place entirely electronically via e-mail to firstname.lastname@example.org.
Indicate your wishes (replacement with the same product, replacement with another, credit for future purchase or refund), the reason for the return, the code of the product(s) that you wish to return and the order number relating to the specific product(s).
b) For the return of products (defective or not) to be valid, the above procedure should be performed and the relevant electronic command should be received by the Company within the time limit set in the product return policy (Article 7) for each of returning goods.
c) In any case of provided return and product replacement under the following provisions of Article 7, the product shall be accompanied by the original sales receipt. For all the above cases, the products have to remain as received by the client, complete and without damage and their packaging has to be the same that normally accompanies the product (consistent with Company codes) and in perfect condition, along with all documents accompanying the product (e.g. Delivery Note, Retail Sale Receipt, etc.) Return of underwear products is not accepted for reasons of hygiene.
d) Upon receipt of the product that you have returned you will be informed at the e-mail address and/or mobile phone number that you provided during registration and for each subsequent process (for instance sending a new product replacement, etc.) you will be contacted at the e-mail address and/or mobile phone number that you provided during registration and on the basis of the process of Article 3 hereof.
e) In particular for the return of products whose order was placed by telephone, the return of the product regardless of the cause will be done in consultation with the competent department at the telephone number + 30 2613-025399 within the deadline and under the conditions set out in the product return policy (Article 7) during working days and hours (Monday to Friday 9:00 to 14:00).
7. PRODUCT RETURN POLICY
For all categories of our products, you have the right to return the product received within 14 calendar days without justification from the day you received it, at no cost except for return expenses (courier, shipping company, mail or otherwise), at your own risk and at your own expense (unless otherwise specified from time to time by the Company in general or for specific products see Return Policy). Necessary conditions for exercising the right of withdrawal within 14 days are: To not have used the product, to not have removed any tag or markings (e.g. stickers, brand marking, etc.) from the products, clothing, footwear and accessories. Also, all items should be returned in the perfect condition received, undamaged, without defects (subject to defective product return), complete and within their packaging, and should also be accompanied by all necessary documents. Furthermore, items including special packaging (such as for instance products related to hygiene (e.g. swimwear) should not be compromised and/or worn. Return of underwear products is not accepted for reasons of hygiene.
2) DEFECTIVE PRODUCT RETURN AND/OR REPLACEMENT POLICY
a) Our company takes every possible measure to package all products (regardless of type) especially and carefully in order to reach you undamaged. In very rare cases, however, there is a risk for these products to be damaged when shipped to you. Also in very rare cases it is possible to receive a product with a defect. For this reason, irrespective of the above right of withdrawal which is not affected, we invite you to check the products upon receipt.
b) If you receive the product without expressing any particular reservation, it means that you unconditionally accept the product from our company. In case you find damage and/or any defect in the product, you can inform us by e-mail e-mail email@example.com and/or telephone at +30 2613-025399, stating whether you wish to receive a new replacement or exercise your right to withdrawal. If you wish to send a new product for replacement, you can follow the return process, as described in Article 6a.
c) If the product you received is proven defective in its manufacture, you can request a replacement with the same or with another product of your choice and/or the issuance of a credit valid for one year, or an interest-free refund if the product you want to replace is not available, provided that you send the relevant electronic request within 30 days of receipt (the return is free from day 1 to day 14 and at your own expense from day 15 to day 30).
8. ORDER CANCELLATION POSSIBILITY
It is possible to cancel your order in the following cases:
a) Before sending/receiving the product - Cancellation is possible by sending an e-mail to the address firstname.lastname@example.org or by calling +30 2613-025399.
b) Upon receipt of the product - You can exercise your right of withdrawal within 14 calendar days
9. WEBSITE USE/OPERATION & CONTENT
b) Content of fashionfactory.gr - The company takes all possible care to properly publish - present information relating to the products promoted through fashionfactory.gr. Nevertheless, our company shall not be held responsible for any errors in the context of the electronic shop operation in the listed and displayed information (including without limitation, the listed price, availability, photography, type, etc.) which may be indicatively due to technological failures-errors, printing and/or “human” mistakes or wrong information from the suppliers and even due to negligence. If you find an error before and/or after the completion of your order, we invite you to send a relevant e-mail to the email address email@example.com and/or contact us at tel. + 30 2613-025399. In any case, however, if you find an error we invite you to refrain from sending an order request prior to the notice of our company and the clarification of the matter.
Retail prices of products are mostly determined by the suppliers. Nevertheless, our company follows a free pricing policy based on its commercial strategy, always under the proposed legislation, in particular the rules on the protection of competition (fair and unfair). Therefore, it is possible to see difference in prices of the products sold on fashionfactory.gr from other similar products sold by other outlets, particularly since our company occasionally makes product offers or other promotions whenever necessary. The company also reserves the right, which users/consumers/visitors/members of fashionfactory.gr accept, to modify the listed prices and change and/or withdraw offers at any time with or without notice to users/consumers/visitors/members of fashionfactory.gr.
The entire content of fashionfactory.gr (except those items that belong to third parties, e.g. copyright of third parties, collaborators, operators, etc.), including, without limitation text, photographs, drawings, commercial and financial information, programs, files of any kind, trademarks/logos, the layout of fashionfactory.gr etc., is subject to the company's intellectual property and is protected by the relevant provisions of Greek law, European law and the applicable international conventions on intellectual property. Under no circumstances should their appearance and display on fashionfactory.gr be construed as a transfer and/or licence and/or right to use. On this basis, therefore, the total or partial copying, distribution, transfer, processing, storage, reproduction, republication, modification, and any similar action on the above items is expressly prohibited without the prior written consent of the company. Otherwise, these actions may constitute n infringement of intellectual/industrial property rights of the company, which reserves the right to claim any loss damage caused to it in accordance with the provisions of the legislation.
Users/consumers/visitors/members of fashionfactory.gr accept and acknowledge that the company has the possibility to exploit commercially (either itself or by third parties) all items displayed on fashionfactory.gr and amend this information whenever it wishes with or without prior notice to users/consumers/visitors/members of fashionfactory.gr.
a) Proper storage of personal data
Because the personal and contact information you provide to fashionfactory.gr are extremely important for running your online transaction with us because, as you know, these are, among other reasons, the only way of communicating with you for the performance of our obligations towards you and your orders, you must be sure that the information you give us is absolutely correct and updated (you are obliged to inform us in case of any change). Our company takes every care to receive from you the correct data and for this reason you are requested at the end of filling in your information to recheck this information and then send it to us along with your explicit consent to use the data you provided. Therefore, our company shall not be responsible if any of its contractual or legal obligations are not fulfilled properly and/or timely due to your providing incorrect or outdated personal data. In particular, any notification made to the email address and/or mobile phone that you have provided (e.g. on the lack of product availability, etc.) will be considered as valid even if it is not delivered to you due to an error in the information that you provided and/or due to a technical or other failure, and/or to your telephone and/or network provided, and/or due to any change of your data (if you have not informed us in time). The same applies to the contact and shipping address for goods and to landline contact numbers. In any case you are obliged to re-update your data every time a change occurs.
b) Registered users
For your convenience and to facilitate your future purchases you need to register as users of fashionfactory.gr (log in) when sending your first order request to our company. The information you fill in the special form in fashionfactory.gr shall remain stored in our company system. Therefore, when you send your first order request you are requested to sign up an account with us and create a user profile (name, sex and date of birth), using your own unique security codes (username & password). In this way you create your own unique page - registered user page, recording the history of your purchases, where you can monitor the progress of any new order request, the progress of any ordered product shipping, etc. When you sign up as registered users, you agree and the company may install a session cookie system on your PC exclusively to recognise you and your transactions to create a customer history, visible only to you on your personal page. The above session cookies are intended only to better manage your profile and your account so that you do not have to indicate your details each time you visit fashionfactory.gr. Session cookies are deleted as soon as you log out as a registered user.
c) Written consent
By completing and sending the relevant form (either on the registration form or the order form) with your information, you also provide us with your written consent for the use of the data contained therein for the purposes described in these terms, under our policy on personal data. If you do not want us to send sms messages to your mobile phone for information on the progress of your order, you can either not initially fill in the relevant field on the order form (optional) or send us at any time a relevant e-mail at firstname.lastname@example.org requesting to opt-out from receiving these sms messages.
The protection of your personal data is a very serious issue for us and we treat it as a top priority.
Your personal data are collected by us solely in the context of dealing with fashionfactory.gr and our contact with you to complete your order, your invoicing, for the convenience of delivery, for the overall execution of your orders, to service your requests and to send information messages in relation to our products and services. All your personal data collected through the special electronic form of fashionfactory.gr are strictly necessary for the performance of those services from our side and are subject to your complete and unreserved consent, provided by sending your personal data to us. It is understood that you are able to have access to your data at any time and request the immediate deletion thereof, and your deletion as registered users. You are also entitled at any time to exercise all your rights under Articles 11 to 13 of L. 2472/1997. In any case, your data shall only be held by us for as long as you are a registered user of fashionfactory.gr and/or for the period needed to complete your transactions with us and shall be deleted as soon as you unsubscribe from user and/or the transaction is completed. Furthermore, during your visit to fashionfactory.gr session cookies may be installed on your PC to enable the recording of items placed in your shopping cart, even before you sign up as a registered user to send your order request.
Your personal data shall not be communicated to any third party and shall be managed exclusively by our company. The only exceptions are: j) the data relating to the execution and clearing of electronic payments by credit card are carried out by our trusted partners - financial institutions that follow all appropriate security procedures to safeguard your information and ii) the data absolutely necessary for the execution of your order (transport, storage, etc.) for the companies cooperating with us. However, all your data is protected and managed in accordance with the terms and rules of Greek law, in particular L. 2472/1997 and our company follows strictly all the rules established by the relevant legislative framework. Under this legislation, the data held by our company may be disclosed to third parties, the competent authorities, prosecutors or other administrative services only in accordance with the rules and provisions laid down in the relevant regulatory framework. Also, all your data, information and transactions are governed by the principles of confidentiality of commercial communication (electronic and otherwise) and we take all appropriate measures to protect and ensure their confidentiality during transmission and/or execution of transactions. Users/consumers/visitors/members of fashionfactory.gr should preserve the confidentiality of their data and not disclose them to third parties (even by negligence) or grant the use thereof to third parties. We also recommend changing user passwords at regular intervals. The company reserves the right for any loss of culpable violation of the above obligations by the users/consumers/visitors/members of fashionfactory.gr.
Finally, in order to complete the ordering process you agree to receive automated or personalised emails both directly to your PC and/or personally to the email address and/or mobile phone that you have provided and to any telephone call to the telephone numbers that you have provided by employees of our company.
12. DATA AND TRANSACTION SECURITY
Our company recognises as a major issue the security of data and transactions and therefore takes all necessary measures to safeguard them. The website protects its members against data fraud with a data encryption method. Customer information is not disclosed to third parties, and while browsing the site it remains encrypted and therefore not visible to unauthorised third parties. The codes used to identify you are a) Access Code (e-mail or username) and b) Personal Secret Security Code (Password) that provide you access securely to your personal information every time you use them. You can change the above codes at any time and as often as desired. The only person who has access to your information is you through the above codes and you are solely responsible for maintaining the secrecy and hiding them from third parties. In case of loss or disclosure thereof, you should immediately alert us, otherwise we will not be held liable for the use of a password by an unauthorised person. We recommend, for safety reasons, changing the above passwords regularly and avoiding using the same codes and codes that are easily detectable and including, wherever possible not only letters, but also numbers and symbols to create your passwords.
13. LIMITATION OF LIABILITY
Users/consumers/visitors/members of fashionfactory.gr fully and unreservedly accept the company's exclusive right to interrupt the use of the access password(s) to fashionfactory.gr services and the availability of the content and information in fashionfactory.gr every time it (the company) deems that they (users/consumers/visitors/members) violate the present terms or commit or when there are indications and/or complaints that they commit illegal acts or omissions. It may also terminate, suspend, modify the operation of fashionfactory.gr in whole or in part, permanently or temporarily at any point with or without prior notice to the users/consumers/visitors/members of fashionfactory.gr. The company and its partners make every effort, within the technological control carried out at regular intervals, so that the services, content and transactions of fashionfactory.gr take place smoothly and without interruption and to maintain its high level of safety. It shall not be responsible if for any reason, including negligence, the operation of fashionfactory.gr is interrupted or access thereto becomes difficult and/or impossible or/if despite the maintained security measures, “viruses” or any other harmful software is transmitted to the terminals of users/visitors, or if unauthorised third parties temper in any way with the site content or operation, making its use difficult or provoking problems to its proper operation or steal information relating to personal data of customers and registered users of fashionfactory.gr.
Furthermore, the company shall bear no responsibility regarding the communication of the consumer with third parties that may be advertised on fashionfactory.gr and it shall not be responsible for any question arising from the conclusion of any transaction between the user/member and the third party advertised. Furthermore, under no circumstances shall the company be liable for any legal, civil or criminal claims, or for any damage (direct, special or consequential, which, without limitation, alternatively or cumulatively, regards a loss of profits, data, lost earnings, compensation etc.) by users/consumers/visitors/members of fashionfactory.gr or third parties, for reasons relating to the operation or otherwise or use of fashionfactory.gr or the company's inability to provide the services and/or information made available through fashionfactory.gr or any unauthorised third-party interventions in the products and/or services and/or information available through this and/or any security gaps created. In any case, however, and if any of the above is due to proven fraud by the company, the company shall only be liable to cover any actual loss of the injured party from and directly related to the above and the company's fraud.
Likewise, all liability restrictions listed herein, which users/consumers/visitors/members of fashionfactory.gr recognise and accept, shall be applicable in whole and in accordance with good faith and fair practice.
14. LINKS TO OTHER WEBSITES
fashionfactory.gr may contain links to websites, for whose content and services the company bears no responsibility nor guarantees their continuous and safe accessibility. Therefore, for any problem arising during the visit/use of these websites, the user/visitor should directly address the corresponding websites, which bear exclusive responsibility for remedying this problem. The company may in no way be deemed to accept or endorse the contents or services of websites and pages referred to or linked to them in any way. The respective operator/owner of each website bears sole responsibility for any possible problem arising from visiting the above websites.
15. OTHER TERMS
a) Jurisdiction - Applicable Law - The courts of Patras shall have jurisdiction for resolving any dispute that may arise regarding the operation and use of the website, when this cannot be amicably resolved. Any dispute concerning the interpretation and application of these terms and conditions and any other matter relating to the use of fashionfactory.gr is governed by Greek law.
b) Term invalidity - If any of the above terms are or become invalid, the remaining terms of this Contract shall not be affected.
d) Interpretative term - At all points hereof providing for refund and/or credit to the customer's account, this shall always be understood as interest-free.
f) Delay in exercising rights - Any delay in the exercise by the parties (company and consumer) of part or all of the rights under these terms does not entail weakening or waiver of this right which may at any time be exercised at a later stage and at the beneficiary's reasonable discretion.
h) Acceptance of Terms - The user/consumer/visitor/member of fashionfactory.gr declares to have read an fully accepted the present terms and recognizes that they govern all services provided by fashionfactory.gr for the duration of navigation in/transaction with fashionfactory.gr.
16. WEBSITES OF DISPUTE RESOLUTION BODIES
a)the Consumer Ombudsman http://www.synigoroskatanaloti.gr/
b) European Body of Alternative Dispute Resolution ODR http://ec.europa.eu/consumers/odr