Terms & Conditions
TERMS AND CONDITIONS OF USE
THE ONLINE STORE www.itoocan.gr
1. Introduction
2. www.itoocan.gr is an
online store selling products and services, via the Internet, belonging to the
One-person Private Equity Company under the name "ITOOCAN MONOPROSOPI
IKE", located in Thessaloniki, 30 Olympiou Diamanti Street, Thessaloniki, P.O.
Box 54626 and legally represented, with GEMH 155459306000, A.F.M. 801375288 and
No. Telephone number 2310-515340 (hereinafter referred to as "the
COMPANY").
The COMPANY is a distance
seller to the consumer within the meaning of the applicable law.
1.
The following terms and conditions will apply to the
use of the e-shop, which is located at www.itoocan.gr and is owned by the
COMPANY as described above. Any user who enters and makes use of the services
of the e-shop shall be deemed to consent to and unconditionally accept the
following terms and conditions set forth herein, without exception. If a user
does not agree with these terms, then he/she must refrain from using the e-shop
and from any transaction with it.
1. Modification of the terms and conditions of use of
the e-shop
0. The
COMPANY reserves the right to unilaterally modify or freely revise the terms
and conditions of use of its e-shop and the transactions carried out through
it, whenever it deems necessary, and undertakes the obligation to inform users
of any change through the pages of this e-shop. Contracts via the e-shop may be
drawn up in Greek.
1.
Applicable law and jurisdiction
0. The
present terms and conditions of use of the e-shop and generally the
transactional relations between the COMPANY and its users/customers are
governed by Greek law, while the Courts of Thessaloniki are competent for the
resolution of any disputes. According to article 11 of Law 2251/94 (as in
force) consumers can submit a request for amicable settlement of consumer
disputes that may arise from the use of our e-shop to the competent committee
of the relevant municipality.
1. Information and Products provided
0. Taking into account the nature of transactions
through the e-shop (minimum time necessary to update the system, any website
downtime, increased demand affecting availability, etc.), the COMPANY will make
every effort to immediately update the system in case of any change, alteration
of the information provided and to avoid cases of errors (by mistake) in the
registration, as well as to inform each user. Nevertheless, and because the
possibility of human error cannot be excluded, for the safety of transactions,
in the event that a product has an unusually low or high price in relation to
its market value, before proceeding with the order, please contact the customer
service department at 2310 515340 or by e-mail at customercare@itoocan.gr.
1. In cases where the customer, after placing the
order, due to incorrect electronic handling and placement of the order or
quantity not in accordance with his wish, wants to change or cancel the order,
he should immediately and before the execution of the order contact us by phone
at 2310 515340 or by e-mail at customercare@itoocan.gr. Otherwise,
the customer will be charged with the return costs.
1. Limitation of liability
0. The
COMPANY in the context of its transactions from the online store is liable to
customers/users for compensation claims caused by the use or not of
the mentioned information, only in cases where the legislation provides for a
relevant obligation for civil liability coverage. The online shop provides the
content (e.g. information, names, names, photos, illustrations), products and
services available via the website "as is". Under no circumstances
will the online store be liable for any legal or civil or criminal claims or
for any damage (positive, special or consequential, which is indicative and not
limited, disjunctive and/or cumulative loss of profits, data, lost profits,
monetary compensation, etc.) that a visitor of the online store or a third
party may suffer from a cause related to the operation or not and/or the use of
the website and/or the inability to provide services and/or products and/or
information provided by the online store.
1. Intellectual property rights
0. This
website is the official online store of the COMPANY. The website itself, as
well as all related intellectual and industrial property products, including,
but not limited to, distinctive titles and features, trademarks, images,
graphics, photographs, drawings, texts, etc. are the intellectual property of
the COMPANY and are protected according to the relevant provisions of Greek
law, European law and international conventions. Any copying, analogue/digital
recording and mechanical reproduction, distribution, transfer, processing,
resale, creation of work production or misleading the public about the actual
provider of the content of the website is prohibited. The reproduction,
republication, re-publication, uploading, announcement, dissemination or
transmission or any other use of the content in any way or means for commercial
or other purposes is only permitted with the prior written consent of COMPANY.
The names, images, logos and distinctive features representing the online store
with the trademark or third parties and their products or services are
exclusive trademarks of COMPANY or third parties, protected by the relevant
trademark laws and Community and international laws. Their appearance on the
website should in no way be construed as a transfer or assignment of a license
or right to use them.
1. User
Responsibility
0. Users
of the website www.itoocan.gr accept that
they will not use the online store of the COMPANY for:
- Sending, publishing, e-mailing or transmitting in
other ways any content that is illegal for any reason, causes unlawful offence
and damage to COMPANY or any third party or violates the confidentiality or
privacy of any person's information,
- ending, publishing, e-mailing or otherwise
transmitting any content that causes offence to the morals, social values,
minors, etc,
- sending, publishing, publishing,
e-mailing or otherwise transmitting any content to which users are not entitled
to transmit under the law or applicable contracts (such as inside information,
proprietary and confidential information acquired or disclosed as part of employment
relationships or covered by confidentiality agreements),
- sending, publishing, e-mailing or otherwise
transmitting any content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any third party,
- sending, publishing, e-mailing or otherwise
transmitting any material that contains software viruses or any other code,
files or programs designed to interrupt, damage, destroy or equip the operation
of any software or computer hardware,
- intentionally or unintentionally violate any
applicable laws or regulations,
- harassment of third parties in any way,
- collecting or storing personal data about other
users.
1. Links
to this website
8.1
Links on this site may take you to external - related websites. Associated
websites are not under the control of COMPANY and COMPANY is not responsible
for the contents of any associated website or any link contained in an
associated website, or any changes or updates to such websites. COMPANY is not
responsible for network transmissions or for any form of transmission received
from any linked website. COMPANY is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by
COMPANY of the site.
1. Privacy and personal data protection
policy.
2. Who is responsible for your data -
Where can you exercise your rights?
1.1
The Data Controller of your Data is the sole-member Private
Company under the name "iToocan Monoprosopi IKE" and the distinctive
title "iToocan" ("the COMPANY"), located in Thessaloniki
and legally represented by telephone number 2310 515340 and contact email customercare@itoocan.gr
1.2
The above-mentioned Company has appointed a Data Protection Officer with
contact email customercare@itoocan.gr.
To the e-mail address of the Data Protection Officer, you can address all
requests for exercising your rights below (under 3.1 - 3.7).
1. General principles adhered to by the
Company regarding transparent information
2.1
Any information that we provide you with this document and any information that
you may request in the future is provided free of charge, provided that the request
is not repeated, excessive or manifestly unjustified (see more in 2.3.)
2.2
For each of the above rights that you exercise, the Company will respond to you
within one (1) month from the receipt of the request or in case of objective
difficulty, complexity of the request or the number of requests, the Company
will respond within a maximum period of a total of three (3) months regarding
either the completion of your request or the justified refusal to perform what
you requested for legitimate reasons expressly specified in General Regulation
679/2016.
2.3
In case the Company considers that any of the above rights are exercised in a
manifestly unfounded manner or the request is excessive or (even more so) of a
repetitive nature, it is entitled to impose a reasonable fee on you for
providing further information (which is in principle free of charge) and to
refuse to follow up on the request.
2.4
In the event that the Company has reasonable doubts about your identity when
you make a request to exercise any of the above rights, it may request
additional information necessary to confirm your identity before processing the
request.
2.5
In the event that the Company delays beyond the justified period to respond to
your request and in any case where you believe that your rights are violated or
the Company is not consistent with its data protection obligations, you are
entitled to file a complaint with the supervisory authority. (Personal Data
Authority, Athens Kifissias 1-3, P.C. 115 23, Athens, Greece, contact@dpa.gr,
+30-210 6475600.
2.6
You have the right to withdraw your consent at any time by submitting a written
request to the email address of the Data Protection Officer customercare@itoocan.gr(see
1.2.)
1. What
are your rights in relation to the Personal Data you have provided to us?
3.1. Right to request information
You have the right to request
information about the Personal Data we have received from you and hold for a
purpose or purposes as described in 4 below. This document as a whole is a
guide to basic information and understanding of the philosophy of the
regulatory framework governing the protection of your personal data. Updating,
deepening and clarification of this document can be provided to you upon your
request to exercise your right to information. (See how in 1.2)
3.2. Right of Access to your
personal data
You have the right to request from
our Company access to your data and confirmation as to whether they are being
processed and, in particular, information on the purposes of processing, the
categories of personal data, the recipients or categories of recipients, the
period of retention and processing, the existence of a right of complaint to
the Data Protection Authority, any available information on the origin of the
data when they have not been processed, the existence of a right of access to
your personal data, and any available information on the origin of the data
when they have not been processed. (see how in 1.2.)
3.3. Right to rectification
You have the right to request our
Company to correct your data if any of the data for which we have the right to
process has changed or has been incorrectly recorded. (see how in 1.2.)
3.4. Right of Deletion
You have the right to request our
Company to delete all or part of your data that we have the right to keep and
process, either because it is no longer necessary for the purposes for which it
was collected, or because you withdraw your consent, or because the data
collected for a purpose that you consider unlawful. Our Company will respond to
you within a reasonable time (not more than one month and under certain
circumstances if there is a difficulty not more than three months in total)
confirming the total or partial deletion of your data respectively or regarding
the impossibility of deleting specific data if a law or the fulfilment of a
duty in the public interest, or the right to freedom of expression and
information or the exercise or support of a legal claim requires their
retention. In this case, you have the possibility to make a formal complaint
with the supervisory authority on the one hand and to take legal action on the
other hand. (see how in 1.2.)
3.5. Right of Restriction
You have the right to request our
Company to restrict the processing of your data, quantitatively, temporally or
in relation to the purpose of processing and more specifically (a) either
because you question the accuracy of your data and for as long as the Company
needs to confirm their accuracy, (b) or because you consider the processing
unlawful but instead of deletion you choose restriction, (c) or because it is
no longer necessary for the Company to use them but you do not wish to delete
them as their retention would make you more secure. (see how in 1.2.) (d) or in
case you object to the processing of the data and until it is verified whether
your rights as a Data Subject prevail over the Company's legitimate grounds for
processing. (see how in 1.2.)
3.6. Portability right
You have the right to receive the
personal data you have provided to us in a structured commonly used and
machine-readable format and the right to transmit it further without objection,
since your data is processed on the basis of consent. In the context of exercising this
right, you have the additional possibility of requesting direct transmission by
the Company to the third party without your mediation.
This right is exercised without
prejudice to the limitations of the right to erasure (see above under 3.4.) and
its exercise may not adversely affect the rights and freedoms of others. (see how in 1.2.)
3.7. Right of refusal
3.7.1 You have the right to object to
the use of your personal data for the purpose of direct marketing and in
particular profiling related to such direct marketing. (see how in 1.2.)
3.7.2 There is no relevant right in
the case of filling in the data in the Resume Submission form as these data are
not transmitted to the Marketing department and are not treated as such. Their processing is strictly limited to the
fulfilment of the purpose of the evaluation by the Human Resources department.
1. Nature and purpose of the processing of personal data
4.1 The receipt, processing and retention
of the data provided exclusively in the context of the CV, knowledge,
professional training and professional experience, is done to satisfy the
exclusive purpose of evaluation by our Company for the possibility of occupying
a job, and are kept only for this purpose, and are processed only by the
Company's Human Resources department.
4.2 The receipt, processing and
retention of your data provided exclusively in the context of communication is
done to satisfy the exclusive purpose of informing you about the Company's
products and actions. All your data are kept only for this purpose and are
processed only by the Company's marketing department.
4.2 The receipt, processing and
retention of your data provided exclusively in the context of communication is
done to satisfy the exclusive purpose of informing you about the Company's
products and actions. All your data are kept only for this purpose and are
processed only by the Company's marketing department.
4.3 In the event of a transaction
with the Company, your provided to us Data in the context of our transaction
will be processed for the purpose of implementing the contract between us and
our compliance with tax legislation.
1. Lawful basis for processing personal data
5.1 The legal basis for the
processing of your data for the purposes under 4.1. and 4.2. is your consent to
the processing for the fulfilment of the respective purposes, pursuant to Art.6
par. 1(a) of the Personal Data Protection Regulation.
5.2 The data relating to the purposes
described under 4.3. have as a legal basis for processing the execution of the
contract between us as well as our compliance with the law pursuant to Article
6(1b) and (1c) of the Personal Data Protection Regulation.
1. 6.
Can your data be forwarded elsewhere?
6.1 Your data (made available for the
purposes described above under 4.1. and 4.2.) is not intended (as it is not
required by the purpose for which it is collected) to be transferred to any
organisation other than the Company (and its directly affiliated - as defined
by law - companies, with the exception of the providers of services supporting
our Company's electronic systems and networks) for the sole purpose of their
performance of the contract for the support of our Company.
6.2 Your data (provided for the
purposes described under 4.3.) may, in addition to the transfers described
under 6.1 above, also be forwarded to the competent tax authorities in the
context of our compliance with tax legislation.
1. Retention period for personal data
7.1. Για την εκπλήρωση του σκοπού επεξεργασίας που
αφορά στην διερεύνηση κατάληψης κάποιας θέσης εργασίας στην εταιρεία μας
(συμπλήρωση φόρμας για Υποβολή Βιογραφικού υπό 4.1.) θεωρούμε εύλογο και
αναγκαίο χρόνο διατήρησης των σχετικών δεδομένων σας το διάστημα δώδεκα (12)
μηνών. Μετά την παρέλευση δώδεκα (12) μηνών από τον χρόνο λήψης του βιογραφικού
σας ο σχετικός φάκελος με το σύνολο των στοιχείων σας θα διαγράφεται.
7.2 For the fulfilment of the purpose
of processing (under 4.2.), i.e. informing you about our products and actions,
a reasonable time for the retention of your data is the time of the relevant
(productive-commercial) operation of our Company.
7.3 Your data (provided for the
purposes of your purchases - described above under 4.3.) will be retained for
as long as required by tax law.
1. Why do you provide us with this
data and what would be the consequences of not providing it?
8.1 The provision of your personal
data provided exclusively in the context of submitting a CV to find a job in
the Company (under 4.1.) takes place voluntarily, as otherwise it would not be
possible to assess the possibility of hiring you.
8.2 The submission of your basic data
provided exclusively in the context of communication/information (under 4.2.)
is at your choice and their processing with your consent for the sole purpose
of informing you about our Company's products and actions. We only request and
process the data necessary to be able to communicate with you and inform you about
our products and actions.
8.3 The submission of your data
provided exclusively in the context of the purchase-order (under 4.3.) is for
the sole purpose of servicing the sales contract concluded between us when you
use the shopping option.
1. Guarantees
We assure you that the Company will
exhaust all technical and organizational measures for the protection of the
Data and will only make the best, minimum and absolutely necessary use and
processing of the Data, as required by law and strictly and exclusively for the
purpose for which you have provided them to us.
1. Cookies
The Company uses cookies to ensure
that visitors/users of the website have the best possible browsing experience.
Cookies are small text files containing information stored in the web browser
of the visitor/user's computer and can be removed at any time. Cookies do not
affect the computer or mobile device and do not cause any damage or operational
burden.
Cookies are used to recognize you
when you return to our website, but also to help our team understand which
pages of the website you find interesting and useful.
The cookies
we use are divided into: (a) strictly necessary cookies, (b) third party
cookies and (c) performance cookies.
(a)
Strictly necessary cookies are
essential for the proper functioning of our website. They allow you to browse
and use features such as access to secure areas. These cookies do not store
your individual identity. They must be activated continuously in order to store
preferences. If you disable these cookies, we will not be able to store your
preferences. This means that each time you enter our website, you will be
required to activate or deactivate these cookies.
(b)
We use third party cookies (cookies
placed by other providers) in order to enable you to watch YouTube videos, use
social media (e.g. Facebook, Instagram, tik Tok, YouTube, Linkedin, Twitter,
etc.). By keeping these cookies enabled, the use of our website becomes easier
and more enjoyable, and you are able to share content that you find interesting
on social media.
We
use Google Analytics to collect anonymous information, such as the number of
visitors to our website and our most popular pages.
By
keeping these cookies enabled, you help us to improve our website.
These
cookies store your individual identity.
(c)
Performance cookies collect
aggregated anonymous information solely to improve the performance of the
Company's website, for example which parts of the website you visit most often,
whether you receive error messages, how many people have visited our website,
etc., without identifying the user/visitor of the website.
It is
important to clarify that your possible choice to disable some of the cookies
may result in difficulty and/or inability to access certain websites or to use
certain features of our website.
A detailed
description of the nature and function of cookies and the possibilities of
restricting them with the corresponding consequences on functionality is
offered on the website www.allaboutcookies.org.
1. Conclusion of a distance selling
contract
The distance
selling contract from the COMPANY's online store is carried out and completed
electronically without requiring the physical presence of the user/customer in
a physical store of the COMPANY, with a procedure provided and described in
paragraph 9 of the terms of use
1. Placing
an order via the online shop
11.1 Order
conditions
The prices
listed in the online shop www.itoocan.gr include VAT 24%.
To place an
order in the online store www.itoocan.gr, the following are required:
a)
The completion of the special order
form (creation of a customer tab in the company's commercial program) with the
necessary data for the conclusion of the sales contract.
b)
The unconditional acceptance of the
terms of the sales contract and the terms of use, in particular the collection
and, where necessary, the use of personal data. If you are already a member,
you can log in to your account by entering your e-mail and the password you
provided when you registered, by logging in to the members area.
In
any case, the e-mail that you register must exist and belong to you, because
all our communication will be done through the e-mail that you have registered
during your registration.
In
all the pages of the e-shop www.itoocan.g and next to each product available
for purchase, there is the button BUY. Go to our online store and add to your
cart the products you wish to buy. To continue shopping, select from the main
categories, the one containing the next item you are looking for and add it to
your cart as well. When you have completed the process of adding products press
the "Cart" button at the top right of your screen.
If
you do not wish to buy any of our products by adding them to your cart, we give
you the opportunity to add them to the Favorite Products List of our online
store, so that you can distinguish them from the other products of our online
store and take the appropriate time to study them and proceed to purchase them.
11.2
Ordering procedure
The
order is completed in 4 basic steps.
ENTERING
ORDER DETAILS In this step you will be asked to enter the
billing and shipping details of the order as well as select the payment method
and shipping/delivery method.
INVOICE
DETAILS - Here you will need to enter the details which will
be on the corresponding issued document (receipt or invoice)
SHIPPING
DETAILS - If the shipping details of the order are the same
as the invoicing details, you do not need to do anything. Otherwise, you will
need to fill in the shipping/delivery details as well.
PAYMENT
METHOD - Here you are given the option to choose to pay by
1) Credit/debit card, 2) Deposit to a bank account, 3) at the iToocan physical
store, 30 Olympiou Diamanti, 546 26, Thessaloniki, upon receipt - delivery of
products 4) via your PayPal account.
You
will also be asked to enter a discount code if you have one, as well as if you
wish to receive the company newsletter and add any comment you wish to your
order.
REVISION
& UPDATE - In this step you will find the procedures for
revising the order in terms of the Invoicing Data, Shipping Data and Shipping
Method. You can edit the Billing Items and Shipping Items. In this step, you
will be informed of the product values and the final payment price. To proceed
to the next step, you will necessarily need to accept the Terms of Use and
Privacy Policy.
COMPLETE
ORDER - The last step is where you complete your order.
In
case of payment by Credit Card, you will need to fill in the details of the
card you wish to pay with.
In
the case of a bank deposit, your order will be on hold and will be executed
when we confirm that the amount has been deposited. To facilitate the process,
please send us the copy of the deposit in which you should have indicated the
order number and your full name. If for any reason you are unable to send us
the receipt, please send us an e-mail with the date of deposit, the bank of
deposit, the deposit number, the order number, your full name and a contact
telephone number to the above e-mail address so that we can check and confirm
these details and proceed with your order.
11.3 Order
Confirmation/Information
The consumer
is informed by the company through the website before completing the order
about the identity and address of the supplier, the essential characteristics
of the product, the price, the quantity, the delivery costs, the payment method,
the delivery date, the duration of the product commitment (two (2) working days
in case of deposit in a bank account).
By sending
the order form, the consumer receives an electronic copy of the order to the
e-mail address (e-mail) indicated when registering the order, which includes
the detailed description of the goods in the order and a unique order code,
with which he/she will be able to monitor the progress and development of the
order.
11.4 Payment
methods
For all those
who wish to purchase from our Company's online store, www.itoocan.gr offers the
following payment methods:
- Debit of
your credit or debit card. The card is charged immediately after the
confirmation of your order. Our online store uses the Stripe application for
secure credit card transactions and PAYPAL. You can choose any of these
2 internationally recognized secure ways to pay with your debit or credit card.
In case your credit card is not approved by your bank, the company reserves the
right to cancel your order.
- Bank
deposit to one of the accounts indicated in our eshop.
- Upon
receipt / delivery of products from the physical service store, iToocan at 30
Olympiou Diamanti, 54626, Thessaloniki, by cash or by using a card.
11.5.
Shipment
Delivery to
the place of the customer's choice is carried out by the courier company
SPEEDEX. To receive the order, the
customer will show the external partner-carrier an official identification
document (e.g. identity card, passport or driving licence).
The COMPANY's
online store provides only for the shipping of products in Greece the
possibility of free shipping for orders of more than 50 euros. Orders up to 49 euros will be charged with
shipping costs of 4.50 euros. As soon as the order is placed, the charge of the
shipping cost will be displayed.
For shipments
in Cyprus, the customer will have the option to choose between express
delivery of the products at a cost of 19 euros or standard delivery
at a cost of 12 euros.
11.6.
Delivery- return expenses/ Routing of shipments
The Company
accepts orders for deliveries of products within the Greek Territory and
Cyprus. Orders are executed within the Company's working eight-hour period
(9:00am - 5:00pm), excluding Saturdays, Sundays and holidays.
11.7 Shipping
charges
The shipment
is done by the courier company SPEEDEX. The products and services are sent to
the address and recipient, which the customer has indicated when placing the
order, which has been accepted by the Company. If the shipment is in a remote
or inaccessible destination (indicatively and not limited to island or
peripheral area, etc.) the Company may even afterwards inform the customer of
extra delivery charges for the remote or inaccessible area.
After the delivery
of the sold products to the customer, as described above, the risk of loss,
damage or destruction is transferred from the COMPANY to the customer/buyer. The
customer must check the purchased products upon receipt and declare in writing
that he has received them properly. In the event of non-receipt of the products
by the customer, COMPANY reserves the right to withdraw from the contract.
11.8
Retention of title
The ownership
of the sold and delivered products remains with the COMPANY until full and
complete payment of the total price by the customer. The consumer is not
obliged to pay if he does not receive the legal document (receipt, invoice).
RETURN POLICY
1.
12. Unjustified Consumer Withdrawal
(article 3e of Law 2251/1994, in conjunction with the Consumer Protection Act
Z1-891/2013)-The special right of the consumer for unjustified withdrawal
12.1.
Especially in the case where the user/customer is a natural person (i.e. not a
legal entity, even a non-profit) who purchases products remotely from the
COMPANY's online store exclusively for his/her private use and not in the
context of his/her professional activity (hereinafter "the consumer")
is entitled to withdraw without justification from the remote purchase of a product
within an exclusive period of fourteen (14) calendar days from the date of
delivery of the physical possession of the product to him/her or to a third
party. The withdrawal of the consumer is unjustified, without the consumer
being obliged to invoke reasons justifying the withdrawal, and without any
charge to the consumer, only for the first time he returns the order and only
for orders within Greece.
All
returns from Cyprus, as well as any subsequent returns after the first return
of the product by the same consumer in Greece will be charged with the courier
company's shipping costs.
12.2.
Actiοn and
deadline: The unjustified withdrawal of the consumer from the
distance sale is carried out by any appropriate way and means chosen by the
consumer, who, however, bears the burden of proof of its timely exercise
(within the exclusive period of 14 calendar days from the acquisition of
physical possession of the product as described above). The COMPANY's online
store for the convenience of users/consumers, proposes the following
alternative ways of exercising their right of unjustified withdrawal:
- (a)
Filling in the relevant online form that can be found in the online store www.itoocan.gr
or
- (b)
by email to the COMPANY's email address customercare@itoocan.grin
which you will indicate the order number and contact details, a
brief description in order for the COMPANY to contact the customer.
As soon as
the COMPANY receives the consumer's declaration for the exercise of his
right of unjustified withdrawal, COMPANY will send the consumer a written
confirmation of the receipt of the declaration form of the exercised right of
withdrawal. It should be noted that for the calculation of the above
fourteen-day period for the timely exercise of the consumer's right of
unjustified withdrawal, only the time of submission of the withdrawal statement
is taken into account, regardless of the time of its receipt by COMPANY.
12.3.
Results of exercise and mutual obligations : After the exercise of the right of
unjustified withdrawal, and within a period of fourteen (14) calendar days from
the date of exercise of the right of withdrawal, the consumer must return the
purchased product, with free shipping only the first time he returns a
product and only for orders within Greece. Returns from Cyprus will be charged
with a shipping cost equivalent to the one selected when choosing the shipping
option of the product. Any
subsequent return or exchange by the same consumer will be subject to a charge
for shipping costs. The return can be done in the following way - steps:
1.Informing
the COMPANY by filling in the relevant form in the online store www.itoocan.gr
13.
by sending it to the postal address 30 Olympiou Diamanti, Thessaloniki, P.O.
Box 54626 through the external partner-carrier of the COMPANY, without bearing
the cost of transport, as mentioned above (within Greece and for the first
return).
Please
note that the risk of loss, damage or destruction of the product remains with
the consumer until the receipt of the product by COMPANY.
In the case of return of the product through the external partner-carrier of
the COMPANY, the COMPANY is considered to have received the product upon
receipt of the product from its external partner-carrier, so in this case the
risk of transport belongs to the COMPANY.
12.4
The COMPANY must within a period of fourteen (14) calendar days, from the date
it became aware of the valid exercise of the right of withdrawal by the
consumer, refund in full the total purchase price of the product with the same
means of payment that the consumer used for the payment of the price (unless
the consumer agrees otherwise). However, the COMPANY is entitled to retain the
price until the goods are received.
12.4
The COMPANY must within a period of fourteen (14) calendar days, from the date
it became aware of the valid exercise of the right of withdrawal by the
consumer, refund in full the total amount paidi with the
same means of payment that the consumer used for the payment of the amount
(unless the consumer agrees otherwise). However, the COMPANY is entitled to
retain the amount until the goods are received.
12.5.
Impairment of the value of the returned product due to improper use by the
consumer: The COMPANY is not obliged to return to the consumer part or all
of the price of the returned product after an unjustified withdrawal, if there
is a reduction in the value of the product due to the use of the product by the
consumer in an inappropriate way, i.e. in a way that deviates from the usual
examination of the product to determine its nature, characteristics and
operation, as it would take place in a physical store. In this case the
consumer is liable for the depreciation of the product due to its improper use.
The COMPANY explicitly reserves the right to check the returned product after
its receipt and to retain part or all of the price depending on the depreciated
value of the product at the consumer's risk due to its improper use.
12.6
Exceptions to the application of the consumer's right of unjustified
withdrawal: Exceptionally, the consumer's right of unjustified withdrawal
from the distance selling contract does not apply, and the consumer cannot return
the purchased product without compensation in the following cases:
α) In the case
of products that have been manufactured specifically for the consumer, with
special specifications or requirements of the consumer or in general products personalised
for the consumer (custom made products).
(b)
In cases where the products have been used, since their use clearly goes beyond
the normal examination of the product to ascertain its nature, characteristics
and functioning as it would be carried out in a physical shop, making the
product second-hand.
(c)
In cases of products that are not suitable for return once unsealed
for health or hygiene reasons (e.g. bottom of swimwear, underwear)
(d)
In cases of provision of services, after the service has been fully provided.
In
all of the above cases, as in all cases, the consumer retains in full his
general right to withdraw from the sales contract and return the product due to
legal or factual defects or lack of agreed properties that he finds after receipt
and use, in accordance with the general provisions of articles
540 et seq. of the Civil Code, article 5 of Law No. 2251/1994 and the other
provisions for the protection of the consumer and the buyer in general.
14.Buyer's
statutory rights
13.1
Pursuant to Article 540 of the Civil Code it is provided that:
"
in cases where the seller is liable for an actual defect or lack of agreed
quality ("statutory warranty"), the buyer is entitled at his
option:
-
to demand, without charge, the repair or replacement of the goods with another,
unless such action is impossible or requires disproportionate costs,
-
to reduce the price,
-
to withdraw from the contract, except in the case of a minor actual defect.
13.2
The seller must carry out the correction or replacement within a reasonable
time and without significant inconvenience to the buyer." And according to
Article 554 of the Civil Code, "the buyer's rights due to an actual defect
or lack of agreed quality shall expire after five years for immovable property
and two years for movable property".
-
to reduce the price,
-
to withdraw from the contract, except in the case of a minor actual defect.
13.2
The seller must carry out the correction or replacement within a reasonable
time and without significant inconvenience to the buyer." And according to
Article 554 of the Civil Code, "the buyer's rights due to an actual defect
or lack of agreed quality shall expire after five years for immovable property
and two years for movable property".
15. GUARANTEE
In every sale, the seller is obliged to deliver
the goods to the consumer in conformity with the contract of sale and without actual defects, in accordance with
Articles 534 et seq. of the Civil Code. The consumer's waiver of protection
before the appearance of the defect or lack of the agreed quality is invalid.