A. GENERAL TERMS
The present online space, www.emmanuellesilk.com, is the electronic shop trading products, in particular silk accessories , via the Internet, which belongs to the Public Limited Liability Company named “TSIAKIRIS SILK Ind. S.A.”, VAT 094089757, Public Revenue Office of Komotini, seat in Komotini on the address Sof. Venizelou 32, Komotini, P.C. 69132, Tel. (0030) 2531025035, email address: [email protected], hereinafter “COMPANY”.
Using this internet site and performing any transaction in our online shop is entirely your responsibility.
2. How to use this website
b. The USER who purchases products from this website promises and accepts that complies to all legal conditions in order to conclude the contract, and that he/she is of age.
c. The COMPANY gives the USER of the website the possibility to register, if he/she wishes, as a member (REGISTERED USER-MEMBER) providing specific information, in particular first name, last name, email, password; at the same time, the USER will be requested to verify the password. By creating a registered USER-MEMBER account, the USER can also, if he/she wishes and accepts so, receive informative emails concerning the prices of the COMPANY’s products, new products, offers etc. (newsletter). The USER can withdraw his/her agreement to receive the aforementioned informative emails at any time. Registering to the emmanuellesilk Newsletter Service is also available to non members and is completed by entering the USER’s electronic mail address (email) in the respective field within the website. Further information is provided in section B. WEBSITE/E-SHOP SERVICES, II. REGISTRATION. d. The COMPANY gives the USER the possibility to Buy without Registering/Buy as Guest. This option requires only the necessary information to process the order.
3. Hyperlinks – Links
4. Social Media platforms
5. Intellectual property
All content on this website, including but not limited to titles and trademarks, is property of the COMPANY and is protected by the relevant provisions of the Greek Law, the European Law and the applied international conventions on intellectual property. The company reserves the right to initiate civil, administrative and penal legal procedures against every person violating those terms. The website content is provided to the USER for personal use only, and under no circumstances should it be used for public or commercial use. No authorisation or permission is provided to the USER to use (in full or in part, copy, distribute, transfer, process, store, reproduce, repost, alter or otherwise process in a similar way without the COMPANY’s explicit prior written consent), the COMPANY’s aforementioned data for any purpose. It is expressly agreed that the USER will not use the COMPANY name or website in any way that could cause any harm or damage to the COMPANY or a third party, whose compensation is solely the USER’s responsibility.
The COMPANY has no responsibility towards the USER in case it is not available, for any reason, at any time or for any period. The COMPANY points out that the website may exhibit technical errors directly affecting the way content is presented within the website (for example, pictures, prices, text etc.) for reasons outside the COMPANY’s responsibility and is committed to work to restore them the earliest possible. In light of good faith and fair dealing, the COMPANY is not obliged to accept an order and to complete the sale of products, which, due to a typographical or computerized error, indicate an incorrect price on the online shop. In case such an error occurs in some of the ordered products, the order is valid and processed normally for the rest of the products, but is considered uncompleted for the faulty ones, unless the products included in the order constitute a whole and the USER declares that a partial processing of the order does not serve to meet his/her needs or interests, in which case the COMPANY is obliged to cancel the whole order.
In case of erroneous delivery of non ordered products, the unconditional receipt or failure to inform the COMPANY and return of the products cannot be considered as consent, acceptance or intention to buy them. In case the COMPANY requests the return of the products and the USER delays the return for more than seven (7) calendar days, the refusal constitutes intention to buy the products, the order is considered confirmed and the USER has to pay the corresponding value.
10. Governing Law
The present terms and conditions as well as any subsequent amendment are governed and interpreted according to the Greek legislation. In case any of the provisions is deemed void or voidable, it automatically ceases to apply without thus affecting the validity of the rest of the terms. Any dispute arising from the use of www.emmanuellesilk.com, as well as specifically the Purchase Terms, unless it is resolved amicably, lies on the jurisdiction of the competent courts of Komotini.
For the out-of-court dispute resolution the USER can address the competent bodies of out-of-court consumer dispute resolution, such as the General Secretariat of Commerce and Consumer Protection of the Ministry of Economy and Growth (Kaniggos Sq., GR-10181, Athens, www.efpolis.gr, Tel. 1520, Fax: 2103843549), The Consumer Ombudsman (www.synigoroskatanaloti.gr, 144 Alexandras Avenue, GR-11471, Athens, Tel.: (0030) 2106460734, Fax: 2106460414), the friendly settlement Committees for consumer disputes (Article 11 of Law 2251/1994) seated in each Municipality of the country. At the same time, you have the right to access the Alternative Dispute Resolution Center (Online Dispute Resolution; ODR) for your online transaction at the following link: http://ec.europa.eu/consumers/odr.
B. WEBSITE/E-SHOP SERVICES
I. POSTED INFORMATION
The information provided in this website is complete, true, valid and up-to-date, either concerning the COMPANY identity or the provided products/services within the online shop without the prejudice to possible technical or typographical errors, which cannot be foreseen or have unintentionally arisen or are the result of disruption of this website and/or of force meajure. The online shop has taken all, technical and other, necessary measures in order to ensure immediate update of the product availability, however, the COMPANY expressly maintains a reservation to the validity of the quantity of the available products on the online shop, considering it is updated within 72 hours by the time it is amended.
2. Your Account
C. PURCHASE/RETURN TERMS
C1. PURCHASE/RETURN TERMS
1. Online order
Using the present website, the USER can, following simple and clear steps, place an order and complete the process of the distance online purchase of the COMPANY products. To place an order, the USER has to choose the products to buy following the detailed and clearly explained process, which is included in our website. The USER can complete the purchase either as a guest or as a REGISTERED USER/MEMBER.
2. Telephone order
3. USER Notice
Before placing an order, the USER should be informed in detail about the essential information and terms of the purchase contract, which are always provided for the USER’s information in a respective field before completing the order.
4. Legal framework of online shopping
The USER confirms that, before proceeding to the order, he/she has read all terms and accepts their content.
5. Product characteristics
The basic product characteristics are indicated in this website under the relevant field in each case. It is likely that, due to technical reason concerning the website, the browser or accessing the website via a mobile device, a partial discrepancy can be noticed between the shown product against the original, such as differences in the colors of the product. The COMPANY is not responsible for any such discrepancies.
6. Order process
a. To place an order, you need to follow the following steps:
- Choose a section within the website and then the type of product.
- See the product(s) you are interested in. Under the description section you can find useful information, such as the composition, reference code, price and size.
- Choose a product, the quantity and color—provided the chosen product is available in more colors/prints—and add it to the cart. Then, you can choose if you wish to continue shopping or complete the order.
- If you wish to continue shopping, repeat the above process. Otherwise, if you wish to complete the order, you can continue by creating an online account or by proceeding with a quick buy without registering.
- Choose the payment method: Cash-on-delivery, Credit/Debit card or Bank transfer to our account.
- Read the order confirmation carefully.
- To complete the purchase, click on the tickbox referring to the acceptance of the terms and conditions, which you have read and accepted prior to selecting “Payment”.
b. Before completing the order, the USER can cancel or alter the information of the order (quantity or product). In any case, the COMPANY suggests the USER to check the order information in detail before selecting the payment button.
c. If the USER proceeds with the order, he/she will immediately receive the order confirmation via email in the address provided, which will confirm that the order has been received by the COMPANY. It is noted that the receipt of the order on behalf of the USER does not signify that the order has been accepted by the COMPANY nor that the contract of purchase for the product(s) has been concluded.
d. A confirmation email will be then sent to the USER informing him/her that the order has been sent and that the request to buy the product has been received. In case a product has been bought, the aforementioned confirmation will include the reference number of the express parcel operator, so that the USER can track the ordered products and the progress of the shipment. After completing the payment, receiving the second email by the COMPANY signifies that the contract of purchase has been concluded for the product(s) included in the order placed. In case an amount that doesn’t refer to the products included in the order has been paid or in case the USER hasn’t received a second confirmation email, the amount in question will be refunded to the USER.
7. Correctness of USER data.
All data indicated by the USER while placing the order must be true and accurate. To avoid any mistakes, it is suggested that the USER checks all data provided before completing the order.
8. Prices– stock
The prices of the products can be modified. The COMPANY notes that all prices included in the website are subject to changes which the USER will be properly informed of. Furthermore, the COMPANY’s products are listed without the prejudice of stock availability, which the USER will be properly informed of.
9. Non-acceptance right
Although the COMPANY has made any possible effort to display the product characteristics and prices in an accurate way, the COMPANY has the right to decline an order where the products bear incorrect characteristics or price, for example due to typographical error, technical functionality errors or for any other reason.
The COMPANY has the same right in case of an order with a very high cost, and has the right to contact the USER.
The COMPANY has also the right to decline an order placed by a person who has repeatedly not received and paid for the ordered products via cash-on-delivery without any reason. In any case, the COMPANY declares that has the right to contact the USER in order to ensure that the order is carried out smoothly. Furthermore, the COMPANY has the right to contact a person at its judgment, specifically in case the person in question has repeatedly not received the ordered products without any reason, after having selected the cash-on-delivery payment option, as well as to request in this case compensation of the amount and whichever cost via bank transfer.
10. Payment methods
a. Cash-on-delivery. The USER is also provided the possibility to pay by cash upon delivery (for domestic orders delivered in Greece). In the case of a cash-on-delivery payment, the USER will pay the respective amount to the representative of the express parcel operator, which the COMPANY collaborates with. The cost of the order as well as any relevant shipping costs, which the USER is required to pay to the aforementioned representative, will have been clearly and in detail communicated to the USER before the order is completed.
b. Payment via credit/debit card The USER can opt to pay by a credit, debit or prepaid card. The process is carried out through Alpha Bank’s website/platform in a completely secure and controlled environment provided by the bank, in order to ensure the confidentiality of the order details (bank information) during they are transmitted online. More information on the aforementioned payment option will become available within the next days, when the respective field on the PURCHASE TERMS will be properly updated.
It is noted that the COMPANY does not store nor can access the USER’s card information entered during the payment as described above.
All payments made using the card are processed through the electronic payment platform of “Alpha e-Commerce” of Alpha Bank and uses TLS 1.2 encryption protocol encryption with 128-bit (Secure Sockets Layer – SSL). Encryption is a way of coding the information until it reaches its recipient, who will be able to decode it using the appropriate key.
c. Bank transfer You can deposit the amount of the order to the following COMPANY account.
Your name and the order number need to be indicated as a justification in the respective field of the bank transfer.
Account number: 804002002000256
Beneficiary: Tsiakiris Silk Ind. S.A.
Upon completing the deposit you will need to send the payment advice to the following email address: [email protected].
* Orders to be paid via bank transfer will be sent after the payment.
** Bank transfer may be required in special cases, at the COMPANY’s judgment, after contacting the USER and after this has been determined by the COMPANY, for example in the aforementioned case of a person who has failed to receive the ordered products without any reason, after selecting the cash-on-delivery payment method.
11. Shipment and Delivery
a. Shipping and delivery in Greece
aa. Delivery time.
The COMPANY will deliver the products to the USER at the address indicated through the express parcel operator within 2-5 days upon the second confirmation email was received.
ab. Shipping cost.
In all cases, the USER will be informed by the COMPANY about the shipping costs in a clear way prior to completing the order. In particular, the shipping cost is 6 euros for domestic orders.
b. Shipment and delivery outside Greece
ba. Delivery time
I. The COMPANY will deliver the products to the USER at the address indicated through the express parcel operator within 14 days by the time the second confirmation email was received, for countries within the European Union where the COMPANY can ship products to, and
ii. The COMPANY will deliver the products to the USER at the address indicated through the express parcel operator within 20 days by the time the second confirmation email was received, for countries outside the European Union where the COMPANY can ship products to.
bb. Shipping cost.
In all cases, the USER will be informed by the COMPANY about the shipping costs in a clear way prior to completing the order. In particular, the shipping cost varies between 10-20€ for deliveries in EU countries and between 15-25€ for deliveries in non-EU countries. For orders to non-EU countries, the shipping cost of your order does not include any duties or taxes that are to be charged by the courier upon delivery. It is likely that duties are required to be paid in order to release your order at the customs office. The duties and taxes are calculated based on the items ordered, the shipping destination and the value of the purchase. For more information, please contact your local customs office. Duties and taxes are non refundable. If your package has been rejected at the customs office for any reason, we cannot refund you the initial shipping cost and/or possible taxes and duties.
c. The COMPANY is not responsible for orders shipped to incorrect address when it is no fault of the COMPANY.
12. Orders record
13. USER rights
It is expressly agreed that the USER has the right to request a product exchange or refund of the amount, according to the relevant sales provisions of articles 534 of the Civil Code, according to the relevant provisions referring to faulty products or lack of indicated characteristics, provided this is also confirmed by the COMPANY after examination of the returned product. Essential prerequisite to this is, among others, that the purchase receipt is presented and the items are returned to their initial packaging.
14. Save/Print Purchase Terms
C2. RETURN TERMS
1. Refund right
The USER (natural person/consumer) who has proceeded to an online purchase of the COMPANY’s product through the online shop has, applying the relevant legislation, the right to cancel the order and return the product(s) bought for personal use only, according to the process described in this chapter (I), with the exception of products defined in the relevant legislation (e.g. service contracts after the service has been fully performed, or if execution of the service was initiated upon prior written consent of the consumer, supply of goods manufactured based on consumer-defined characteristics or custom-made goods, supply of goods which are liable to deteriorate etc.).
2. Time frame to exercise the right of refund
The USER has the right to cancel the order without communicating the reason within 14 calendar days since the day he/she or the third person indicated by the USER took the physical possession of the product(s).
3. Ways to exercise the right
The USER can proceed to the aforementioned cancellation after he/she has informed the COMPANY within the above time frame, either by using the cancellation template titled “Return Request”, which can be saved or printed clicking here (RETURN, CANCELLATION AND EXCHANGE FORM), or by clearly communicating the clear intention to cancel the order in any other way. In case the Return Form is sent electronically, the USER will immediately receive confirmation of receipt of this request.
4. USER responsibility
The USER is responsible for any depreciation in value of the product(s), which results from handling the product in a way that is not necessary in order to determine the nature, characteristics and functionality of the goods, and subsequently prevent reselling the product).
5. USER obligations
a. The USER has an obligation to return the goods/services without undue delay and within 14 calendar days since the day he/she communicated to the COMPANY his/her intention to cancel the contract according to the above. The aforementioned time frame is valid provided the USER returns the product(s) within 14 calendar days.
b. The products must be returned by the USER in the condition they were received, including the packaging. For the refund to be accepted, all special markings (labels) should be intact, while the purchase order should also be returned.
c. In case the refund is to be deposited on the USER’s bank account, the USER must indicate the bank account number to be credited in the Return form.
6. COMPANY obligations
a. The COMPANY will refund all expenditure received by the USER without undue delay and within 14 calendar days since the day the USER communicated to the COMPANY his/her intention to cancel the contract. The reimbursement of money will be performed by the COMPANY using the same payment method selected by the USER upon the initial transaction.
b. The COMPANY can withhold the reimbursement of the value of the products until the items are returned or until the USER provides evidence that the items have been sent back, whichever happens first.
c. In case the payment method selected by the USER was the cash-on-delivery, the refund will be performed via bank transfer to the USER’s account.
d. In case the returned product shows any damage, the Customer Support department will contact the USER.
7. Return cost and method
The USER is responsible to cover the shipping costs for the returned products using an express parcel operator of his/her own choice. In case products are returned from non European Union countries there is a chance that duties might apply.
8. Exceptions to refund right
It is expressly agreed that the USER does not have the right to cancel the contract in case the product bought no longer bears the necessary protective covers and labels, as well as in case the form/composition of the product has been substantially altered. Furthermore, the refund does not apply on products indicated in the relevant legislation (see above).
9. Return due to incorrect product
In case the product sent is not the one ordered by the USER, this can be returned within 10 business days since the day it was delivered to the USER, without additional shipping costs. In this case, the product can be returned only if it is in its initial condition and with the whole original packaging intact.
II. Change (replace product) request
1. It is expressly agreed that the COMPANY will accept exchange requests only referring to size and/or color of the product, always without the prejudice of stock availability, within a period of 14 days since the product was received.
a. In this case, the USER has to fill in and send the request to exchange the product via email at [email protected].com, using the RETURN, CANCELLATION AND EXCHANGE FORM, indicating the product codes to be exchanged, as well as the colour, size and/or other characteristic he/she wishes to receive. The USER will receive an email communicating if the request has been accepted within 48 hours. In this case, the USER is responsible to cover the shipping costs of the returned products, which are sent along the payment receipt, while the COMPANY will resend the new product to the USER covering the shipping costs via the cooperating express parcel operator.
b. The COMPANY provides the USER the right to proceed to the exchange of the products bought via the online shop for sizing and/or color reasons, not only via the online shop, but also at the physical shop of the COMPANY in Komotini, provided the respective product code is available at the physical shop. In any case, the USER should present the receipt at the shop. In this case, the COMPANY suggests that the USER contacts the COMPANY and the respective shop in order to confirm availability of the products before visiting the shop for the exchange.
2. The products must be returned by the USER in the condition they were received, including the packaging. For the exchange to be accepted, all special markings (labels) should be intact, while the purchase order should also be returned.
3. Exceptions: It is expressly agreed that the USER does not have the right to cancel the contract in case the product bought no longer bears the necessary protective covers and labels, as well as in case the form/composition of the product has been substantially altered.
4. It is expressly agreed that the USER who wishes to exchange the products bought via the website with another product(s) for reasons other than the size and/or colour, always without the prejudice of stock availability, has to follow the cancellation process (as described above), return the product according to the provisions of the respective section (USER obligations) and proceed to a new order.
III. Exchange due to faulty product or due to lack of indicated characteristics of the product
1. It is expressly agreed that the USER has the right to request a product exchange or refund of the amount, according to the relevant sales provisions of articles 534 of the Civil Code, according to the relevant provisions referring to faulty products or lack of indicated characteristics, provided this is also confirmed by the COMPANY after examination of the returned product. In this case, the shipping cost of the return, which will be processed through the express parcel operator collaborating with the COMPANY, will be chargeable to the COMPANY.
2. In the case of exchanging faulty products, the products must be returned by the USER in the condition they were received, including the packaging. For the exchange to be accepted, all special markings (labels) should be intact, while the purchase order should also be returned.