TERMS AND CONDITIONS

OF PURCHASE AND USE ON THE ONLINE STORE GIFTED GREECE

This document (along with the Privacy Policy, collectively referred to as the “Cookies Policy” and “Data Protection Policy”) defines the terms and conditions governing the use of the website gifted-greece.gr (hereinafter the “Website”) and the purchase of products through it (hereinafter the “Terms”).

Please read the Terms carefully, as using the Website constitutes acceptance of these by you. If you have any related questions, you can contact the Customer service department at customercare@gifted-greece.com.

The Terms may be amended. It is your responsibility to read them regularly, as the Terms in force at the time of the Agreement (as defined below) are applicable.

The sale of products (hereinafter the “Products”) through the Website, under the trademark GIFTED GREECE, is conducted by the company under the corporate name “WHATAGIFT MONOPROSOPI I.K.E.” with the distinctive title “WHATAGIFT”, a Greek company having its registered seat in Athens at 12 Solonos Street, with TIN 801770995 (hereinafter the “Company”).

1. Registration & Login

The user of the Website (hereinafter “User” or “Customer”) can create a personal account on the Website (hereinafter “Registration”). For User registration or login to the Website, only the full name, address, contact phone, and email are required. This information remains strictly confidential.

In order for the Company to have the right to use this information to send updates regarding the services provided by the Website (hereinafter “Newsletter”), the User must explicitly consent by selecting the corresponding field displayed during Registration and order submission.

If, at any time, the User wishes to cancel their subscription to the Newsletter, they can do so by either selecting the corresponding field in the Newsletter (“unsubscribe button”) or by sending an email to customercare@gifted-greece.com to request the deletion or modification of their personal information.

2. Order Submission & Acceptance

The order is submitted through the specific field on the Website. Before the final submission of the order, the Customer is required to become acquainted with the Terms through a special link and then choose the relevant icon titled “I have read and accept the Terms of Purchase.”

By selecting this indication, the Customer explicitly and unreservedly declares that, before submitting their order, they have understood at least:

  1. The main characteristics of the ordered Products, as described on the pages of the Website’s online store.

The Customer must check all the characteristics of the Products for purchase before submitting the order. The Company is not responsible in case the Customer fails to adequately inform themselves about the characteristics of the Products.

  1. The total price of the Products and services of the order, including VAT, any other fees, and all additional charges, as well as any other expenses.

When these charges cannot reasonably be calculated in advance, this is communicated to the Customer, and the Customer must be informed before submitting the order.

  1. The means of payment, delivery, and execution of the order, as well as the deadline within which the Company undertakes to deliver the Products.
  2. The obligation to pay upon order submission.
  3. The conditions, exceptions, deadlines, and procedures for exercising the right of withdrawal, as well as the Customer’s obligation to bear the cost of returning the Products in case of withdrawal.
  4. When the right of withdrawal is not provided by law, information that the Customer will not have the right of withdrawal or the circumstances under which the Customer loses the right of withdrawal.
  5. The existence of Company’s liability for non-compliance with the contract according to Article 534 of the Civil Code.
  6. Where applicable, the existence and terms of money deposits (e.g., in the case of pre-orders, etc.) that must be paid or provided by the Customer when requested by the Company.

The submission of the order to the Company constitutes a proposal to purchase the Products and a declaration of acceptance of all charges described in the order.

  1. Order Confirmation for Electronic Orders – Sales Agreement

The order is considered received by the Company from the moment the Customer receives confirmation with the indication “Order Submission Confirmation”. The order is binding, and the sale is deemed to be concluded only after the full payment by the Customer and the dispatch of the notification with the indication “The order has been shipped” by the Company.

Updates on the order status are sent via email to the communication email address provided by the User/Customer. The Customer is obliged to check the “Order Submission Confirmation” and immediately inform the Company in writing of any errors; otherwise, the details stated in the “Order Submission Confirmation” will apply to the sales agreement. In case availability or delivery time differs from what is stated on the Product page, the Customer will receive relevant information.

  1. Limitation of Liability

The Company’s liability regarding transactions concerning the Products is strictly limited to the amount of the purchase price of the respective ordered Products. The Company is not responsible for loss of income or profits, business activity, contracts, data, as well as time or working hours management.

The Company is committed to the accuracy of the information presented on the Website regarding transactions conducted through the online store. The Company is not bound by entries of electronic data that, in common experience, have been made in error/neglect; it is not responsible for them and has the right to correct them whenever they are identified. The display of Products on the Website is not a binding offer for sale by the Company but rather serves as general informational reference.

All Product descriptions, information, and material posted on the Website are provided “as it is” and without any further warranty, either express or implied, except for the warranties provided by law. In this context, if you are transacting as a consumer or a User, we are obligated to deliver products that comply with the agreement, assuming responsibility for any lack of conformity existing at the time of delivery. To the maximum extent permitted by law, we disclaim all warranties, except those for consumers and Users that cannot be lawfully excluded.

By accepting the Terms, the User declares that they are an adult and provides explicit consent for any processing of their data (Law No. 4624/2019, Article 21). If the User is under the age of sixteen (16), they have the right to use the Website’s services solely under parental supervision. Only an adult can accept the Terms and create a profile in their name and never on behalf of the minor. Otherwise, the Company is not liable for such use.

The Company reserves the right, at its absolute discretion, to donate Products to Customers, for promotional or other reasons, for which Customers will not be charged.

  1. Product Availability

The Customer is informed about the availability of the Products through the details provided on the Website. The Company reserves their rights regarding the availability of Products. If the Products are not available at the time of ordering, the Company reserves the right to reject the specific order. Any payments will be refunded to the Customer without undue delay, using the same method the Customer used to pay for the order.

The Company notifies the Customer of the estimated delivery time for each ordered Product, depending on the circumstances. In any case, the Company reserves the right to inform the Customer in case of unforeseen events that make the Product unavailable or indicate a possible (new) delivery time, provided there are reasons for a delivery delay. If the delay is deemed to make the transaction impractical for the Customer, the Customer is entitled to unilaterally cancel the order by submitting a written statement (via email to customercare@gifted-greece.com). Upon cancellation of the order, the Company is obliged to promptly return all the money paid by the Customer.

If part of the ordered Products is unavailable, the Company will dispatch the available Products and refund the Customer for the value of the unavailable Products, or send them in partially, as they become available.

  1. Order Delivery

Delivery Location

The Company can deliver Products throughout Greece, Europe, and all international countries. Products are shipped and delivered to the location chosen by the Customer, through an external partner transporter. Shipping costs are calculated based on the delivery location of the order and any applicable offers at the time of order submission. Any incorrect entry by the Customer, and thus an incorrect calculation of shipping costs, is the responsibility of the Customer, not the Company.

If the Products are not delivered to the Customer within a reasonable time from the receipt of the email indicating “The order has been shipped”, the Customer is advised to contact the Company by sending an email to customercare@gifted-greece.com to resolve the issue.

Given that after receiving the Products, the risk transfers to the Customer, the Customer must check the received Products upon delivery.

If the Customer does not receive the Product after receiving the shipment notification from the transporter, despite repeated notifications, the Company reserves the right to withdraw from the sale. If the Customer does not accept the Products, even though they received repeated notifications from the partner transporter, the Customer’s behavior is considered an exercise of the right of withdrawal. In this case, the full price is refunded to the Customer, but not the shipping costs.

Delivery Time

The delivery time is determined based on the availability of the Products and is confirmed by the Company upon accepting the order. The Company is not responsible for delays in order execution due to circumstances that cannot be attributed to the Company or are due to force majeure.

Incidents of force majeure may include, but are not limited to, strikes, terrorist actions, war, problems with suppliers and/or transporters, fluctuations in exchange rates, government or legislative acts, and natural disasters. If such incidents last more than two (2) months, the sales contract can be terminated by either party without compensation.

7. Payment

The payment of the amount corresponding to the value of the order is made through Credit/Debit Card. In case the Customer wishes to make the payment in a different way, they should contact the Company via email at customercare@gifted-greece.com and receive precise payment instructions via email.

The order is considered binding for the Company only after the full payment by the customer and the dispatch of the message from the Company to the customer indicating “The order has been shipped”.

8. Right of Withdrawal

The Customer has the right to withdraw from the agreement without justification within fourteen (14) days from the receipt of the Products. In any case, before returning the Products, the Customer can contact the Customer Service department of the Company by sending an email to customercare@gifted-greece.com.

The right of withdrawal (“Withdrawal”) is exercised within a period of fourteen (14) calendar days from the delivery of the last Product of the Customer’s order. In any case, the original purchase document must be presented by the person who initially purchased the Product, and the details of which are reflected in the purchase document. The Customer must have previously paid the shipping and return costs of the Product.

The withdrawal is exercised in writing by completing the relevant form and sending it either a) to the Company’s mailing address or b) to the email address customercare@gifted-greece.com. The Company is obliged to confirm in writing the receipt of the withdrawal statement.

Following the withdrawal, the Company is obligated to refund the price received from the Customer. The refund to the Customer will be made no later than fourteen (14) working days from the time the Company has proven knowledge of the withdrawal. The Company is not responsible for any delays due to the Customer’s bank.

Withdrawal does not apply to personalized Products, i.e., Products adapted to the Customer’s needs, Products unsuitable for return, Products that have been unsealed after delivery, and Products that have been used. A Products sold with an additional gift must be returned with the additional gift; otherwise, the value of the gift is deducted from the refunded amount.

9. Liability for Defects or Lack of Agreed Qualities

In the event that the Customer discovers a defect at the time of product delivery, they must contact the Company within five (5) days by sending an email to customercare@gifted-greece.com and clearly describe the defect. If a product is declared defective, the Company will carefully examine it and, if the defect is confirmed, inform the Customer within a reasonable time whether they are entitled to a refund or replacement.

In the case of defective Products, the amount paid, including shipping costs, is fully refunded. The refund or replacement of the Product will be made as soon as possible.

The legal rights of the Customer according to the applicable legislation are not affected.

10. Personal Data

The Customer provides personal information on the special order form on the Website to place an order with the Company. As the data controller, the Company collects the information necessary for processing the above transactions entered by the Customer (“Data”).

The Customer’s Data is retained by the Company for the time required to fulfill the sales contract. Information required for control purposes by supervisory authorities will be kept for the period required by the relevant legislation.

The Company’s necessary personnel, bound by confidentiality clauses, have access to the Customer’s Data. For more information on the processing of your personal data and the exercise of your rights, please read the “Data Protection Policy“.

11. User Obligations

The User is prohibited from using the Website in any way that could harm, disable, burden, or damage the Company’s computer systems-servers or the networks connected to them, or prevent access and use of the Website by any third party. It is also prohibited to use or introduce anything (including any virus, worm, trojan horse, keystroke logger, spyware, or other malicious software) that may affect or interfere with the proper functioning or destroy any system, network, data, or personal data stored on the Company’s systems.

The User is further prohibited from attempting to gain unauthorized access to other User accounts on the Website, computer systems, or networks connected to the Company’s computer systems-servers through hacking, password recovery programs, or any other means, or to interfere with or attempt to intervene in the proper operation of the Website.

The User undertakes to take care and ensure that necessary security measures are taken to prevent access by unauthorized persons to their account. Specifically, they must take all necessary measures to prevent the leakage or malicious use of their login (Username) and personal security password (Password), and must never disclose them to any third unauthorized person. The User must always be aware that, under no circumstances, will a WHATAGIFT employee ask them to disclose the personal access code of their account.

The User agrees to compensate and protect the Company, its affiliated companies, and all directors, shareholders, employees, partners, agents, representatives, contractors, suppliers, resellers, and the representatives of the above companies from any loss, damage, obligation, or demand arising from their illegal actions as mentioned above.

12. Intellectual Property

All intellectual property rights, trademarks, and all other intellectual property rights regarding all material and content provided as part of the Website belong at all times to the Company or to those who grant their license to the Company. The use of this material is permitted by Users only to the extent expressly approved by the Company or the licensors. This does not prevent Users from using this Website to the extent required to create a copy of an order or contract details.

13. Links to the Website

The Website may contain links to other websites controlled by third parties. In no event can the Company or its representatives be held responsible for the content of these websites or for any financial or other form of loss or damage suffered by the User visiting such websites. The Company or its representatives do not guarantee that these links will operate without interruption.

Additionally, these external links are indicative, not exclusive or restrictive. The Company retains the right to remove or add links without notice and to change the content of the Website at any time. By using the Website, you declare that you have understood and accepted that, under no circumstances, can the Company or its representatives be held responsible for the content of the hyperlinks it contains, the services/products they may offer, or the advertisements they may present.

14. Final Provisions

The Company has the right to modify the Terms at any time by announcing the respective modifications through the Website. Such changes, modifications, additions, or deletions to the Terms will take effect immediately upon their notification, which may be provided through any means, including but not limited to posting new Terms on the Website. The use of the Website following such a change or modification implies the User’s acceptance of the most recent Terms. The Company may, at any time, change, suspend, or interrupt any specific function of the Website, including availability, photos, or descriptions of any Product. The Company may send notification to the User electronically (to their last known email address) before the date on which the modification of the Terms takes effect.

Agreements through the Website’s online store are governed by Greek law. Any dispute arising from the contractual relationship between the Company and the Customer falls under the jurisdiction of the competent courts of Athens. For the extrajudicial resolution of disputes, the Customer may refer to the competent bodies for the extrajudicial settlement of consumer disputes.

If any part of the sales agreement according to these Terms is proven void or unenforceable by a court decision, the remaining agreement will continue to be valid.

When using the Website, you agree that communication with us will primarily be in electronic form. We will communicate with you via email or by phone if you have provided a phone number on the Website during order placement or newsletter registration. For contractual purposes, you agree to this electronic form of communication and acknowledge that all contracts, notices, information, and other communications provided to you electronically comply with any legal requirement that such communication be in writing. This term does not affect the legal rights of Users.

The present Terms comply with applicable law, and are subject to amendment of applicable law regarding the sale of Products, including consumer protection legislation.

For matters not provided for in the present Terms of Purchase and Use, applicable national and European legislation applies. Any invalidity of terms that are contrary to the law does not entail the entirety of the other terms, which remain valid. The invalid term is replaced by the legal term closest to the purpose and will of the contracting parties.

Note:

These Terms and Conditions of Purchase and Use were revised on March 6, 2024.