Ι. WHO WE ARE
The coloursandjems.gr website is the e-commerce store (hereinafter referred to as the “Store”) for the sale of handmade jewels, faux bijoux, accessories and decorative small items (hereinafter referred to as “Products”), created by the couple Nikos and Kliti Giannios.
It is a sole proprietorship operating in the name of Nikolaos Giannios, based in Agios Dimitrios, Attica, 12 Koritsas Street (hereinafter referred to as the “Company”). The Company is registered in the Commercial Registry of the Athens Chamber of Commerce and Industry (General Electronic Commercial Registry No. 135464401000) with TIN 065773867.
ΙΙ. LEGAL FRAMEWORK
The business of the Store is subject to 24% VAT and is governed by the general consumer protection law (Law 2251/1994) and the more specific legislation regulating electronic commerce (PD 131/2003, which incorporated Directive 2000/31/EC on electronic commerce, Joint Ministerial Decision Ζ1-891/13-6-2013, which incorporated Directive 2011/83/ΕC on consumer rights).
As regards the privacy of the Store’s website users, the personal data protection law (Laws 2472/1997 and 3471/2006, which incorporated Directives 95/46/EC and 2002/58/EC, respectively) applies.
2. At coloursandjems.gr the Company’s Products are presented for sale.
3. The presentation of the products at coloursandjems.gr has the character of an invitation to the users of the website to submit a contract proposal. Such presentation does not constitute in any way a commitment of the Company for the availability and sufficiency of the products displayed. The contracts through the electronic Store are prepared in the Greek language.
5. Access to coloursandjems.gr and the use of the website, including promotion of webpages, contact with the Company, downloading information on products and purchasing from the Store, are performed by the users exclusively for personal purposes, which must not be in any way related to any commercial, business or professional activity.
6. The User/Customer/Consumer is liable for the use of coloursandjems.gr and its contents. The Company shall not be liable for the use of the website and its content by any of its users in all cases where such use is not in accordance with applicable laws and regulations. In particular, the User/Customer/Consumer is liable for the disclosure of information or data that are incorrect, false or pertain to third parties (in the event that such third parties have not given their consent), as well as for any illegal use of that data or information.
7. The design, presentation and settings of the website, as well as all the contents thereof, including all copyrights, patents, trademarks, brand names and mark designations, logos, texts, graphics, images, photographs and generally drawings (including appearance and style and other visual or non-grammatical elements), music and sound, software and underlying source code (including applets and bundles), are and remain property of the Company, whether registered or not, and are protected by the Greek, Community and International Legislation. Any copy, analogue/digital recording and mechanical reproduction, distribution, transfer, download, processing, rental, resale, creation of derivative works and in general the exploitation of the website in any way without the prior written permission of the Company or any other legitimate beneficiary of those rights is forbidden.
8. The User/Customer/Consumer has the ability to create a user account that includes the username, password, name and e-mail address. The username and password are freely chosen by each user, who has sole and full responsibility for their security as their personal and confidential information. In the event of inappropriate security of the codes by the user, the Company has no liability towards him/her.
These steps are necessary in order the Company to provide easy access to print orders, to view past purchases and to modify user preferences. The Company has the right to reject a new entry or to cancel or close or suspend a user account at any time. Similarly, the Company also reserves the right to prevent disturbance or disruption to other users or groups of individuals.
Creating a user account is not necessary to make purchases from the Store.
ΙV. GENERAL TRANSACTION TERMS
The following General Transaction Terms govern the offer and sale of products at coloursandjems.gr website.
1. The Company’s policy
1.1. The Company offers products for sale at coloursandjems.gr and the Company’s e-commerce services are exclusively available to end-Users/Customers of the website, i.e. to Consumers.
1.2. “Consumer” means any person acting for purposes outside his/her trade, business or profession framework.
1.3. The Company reserves the right not to execute orders received from users who are not “Consumers” and any other order that does not comply with the Company’s policy.
1.4. These General Transaction Terms exclusively regulate the offer, transfer and acceptance of purchase orders regarding the products at coloursandjems.gr.
1.5. The General Transaction Terms do not regulate the provision of services or the sale of products performed by third parties appearing in coloursandjems.gr through links, banners or other hyperlinks. Prior to sending orders and purchasing products and services from third parties, it is recommended that Users/Customers/Consumers check their terms and conditions as the Company cannot be held responsible in any way for the provision of services by third parties or for performing e-commerce transactions between users of coloursandjems.gr and third parties.
2. Conclusion of a contract
2.1. In order to complete the contract for the purchase of one or more products from coloursandjems.gr, the User/Customer/Consumer fills in the order form and sends it electronically to coloursandjems.gr, following the relevant instructions.
2.2. The order form appearing before the purchase contract is completed will contain a summary of the basic features of each order product, the price of the products (including all applicable fees and taxes) and shipping costs.
2.3. The purchase contract is deemed to have been completed when the Company receives the order form electronically and verifies the order information as correct. The dispatch of the order form from the Consumer to the Company means that the first is bound to pay the indicated amount of the order.
2.4. The order form will be recorded in the database for the time required to execute the order and as provided by law. The Consumer will receive a copy of the order form at the e-mail address that will appear on his/her order form.
2.5. Before submitting the order form, the Consumer will be notified that the dispatch of the form implies that he/she is bound to pay the indicated amount of the order. The Consumer will also be asked to identify and correct possible errors on the information he/she typed.
2.6. The purchase contract is completed by submitting the order form to the Company in English.
2.7. After the order form is submitted, the order is executed by the Company.
2.8. The Company will not execute orders when there are insufficient guarantees of solvency, when orders are incomplete or incorrect or the products are no longer available. In the above cases, the Consumer will be informed by e-mail that the contract has not been concluded and that the Company did not execute the purchase order by specifying the relevant reasons. If the products presented at coloursandjems.gr at the last User’s access to the website or when he/she sent the order form are no longer available or are no longer for sale, the Company shall inform the Consumer of the unavailability of the ordered products within ten (10) days from the day following the order form.
2.9. If the order form has been sent and the price has been paid for products that are no longer available, the Company shall return without undue delay the amount paid by the Consumer for the products in question and the purchase contract shall be deemed terminated for both parties. The return of the amount paid by the Consumer will be made by depositing to the bank account indicated by the Consumer by e-mail to the Company at one of the following e-mail addresses: [email protected] or [email protected] Alternatively, the Consumer may request by e-mail, instead of being refunded, to make a new order of Products, the price of which will be deducted from the price already paid. For this deduction, the Consumer shall be given by e-mail an equivalent discount code. In order to obtain a discount code, this must be requested from the Consumer by e-mail at one of the Company’s e-mail addresses ([email protected], [email protected]).
2.10. By submitting the order form to the Company, the Consumer unreservedly agrees and undertakes to comply with the provisions of these Terms with the Company. If the User of the website does not agree with certain provisions of these Terms and Declaration, please do not submit the order form for the purchase of products from coloursandjems.gr.
2.12. In the event that the Consumer requests the order to be sent to a third country (outside the European Union), he/she is responsible for its importation and is charged with the applicable taxes and duties.
3. Guarantees, protection directives and indication of product prices
3.1. The Company does not sell used or defective products. Any product specifics in their manufacture cannot in any way be considered defects, but are due to their handmade construction, which makes them unique. Should the Consumer believe that he/she has received a defective product, h/she should immediately contact the Company’s Customer Service Department by telephone, fax or by sending a text message to one of the Company’s – addresses (tel/fax: 2121063161, e-mail: [email protected] & [email protected]) and send the product at his/her expense so that the Company is able to ascertain the merits of the Consumer’s request.
In the event that, at the Company’s discretion, the product is not defective, the Consumer shall not be entitled to the refund of the money he/she paid to the Company for the its purchase and will be informed that the return of the products has not been accepted. In this case, it will be possible at Consumer’s expense to return the product in the condition in which it was returned to the Company, after informing the Company, in order to inform the Consumer of the procedure to be followed. Otherwise, the Company shall retain the product and withhold the amounts already paid by the Consumer for the purchase of the product.
3.2. The main features of the products are displayed coloursandjems.gr on the page of each product. The image and colours of the products offered for sale at coloursandjems.gr may not exactly match the actual image and colours of the products due to the browser or screen used by the User/Customer/Consumer.
3.3. The products of coloursandjems.gr are manufactured to the best specifications. But, to keep them beautiful and shiny, they need care and protection. In general, they should not be worn, during sports, during contact with water and during workings which can cause damage or contact with chemicals that may cause discolouration, loss of glow and generally damage of the products (eg bleach, alcohol etc.). Also, they should be worn after hairstyle, makeup and perfuming, in order to avoid contact with hairstyle products, cosmetics and perfumes (eg hairspray, body lotion etc), which may cause loss of glow and generally wear. For the cleaning of metal products, use only lukewarm water, without soaking, and soft soap, free of phosphates. The product should be dried immediately after cleaning. Products from organic materials and textile fibers (eg leather, cords etc.) are only cleaned with a soft cloth. Product that may be damaged due to non-observance of the above care rules, cannot be considered defective.
3.4. Prices are subject to changes. The Consumer must check the final sale price before sending the respective order form.
3.5. All products have an identification label attached to each Product. Under no circumstances should the label be removed from the products if the consumer wishes to return them.
3.6. According to Article 3ι §2 of the Joint Ministerial Decision Ζ1-891/13-6-2013, in case of different use of the products than that required to check the item, its characteristics and function, the Consumer is considered responsible for the reduction of the value of the products he/she returns to the Company. If the Consumer decides to exercise the right of withdrawal to return purchased products, the Company has the right not to accept the refund for the purchase of products which are returned without the respective label or whose original condition has changed or been damaged, as explained in detail in term 8.
4.1. The payment of the product price and the related shipping and delivery costs must be made using one of the payment methods mentioned in the order form. Under no circumstances will the Consumer be charged with additional charges from the Company, based on the payment method he/she chooses.
4.2. In case of a Credit or Debit Card payment, the user of the website will be transferred to a secure website of EFG Eurobank Ergasias, where the payment will be made. As a result, the Company and coloursandjems.gr do not store sensitive payment card information (e.g., Card Number, Expiration Date, CVV2) on their systems.
The same applies also to payments via PayPal, during which the user of the website will be transferred to secure PayPal website.
5. Discount codes
5.1. Discount codes are personalized codes that allow the Consumer to have a discount on the purchase he/she makes from coloursandjems.gr.
5.2. The Discount Code box appears on the order form where the Consumer also indicates the discount code that may have been given to him/her. Each discount code indicates whether it can be used for specific products or for the entire order of the Consumer.
5.3. Limitations in the use of Discount Codes:
a. The discount code can be used only once, excluding refunds (as mentioned in paragraph 5.4).
b. The Discount Code can in no case be exchanged for money.
c. The Consumer cannot use more than one discount code per order.
d. The discount code can only apply to products with a higher value than the value of the code.
e. The discount code cannot apply to products sold as Outlet or for products sold in the context of charitable purposes.
f. The discount code is valid for the time it sets and for the products it defines (specific products or order set).
5.4. In the event that the Consumer wishes to exercise the right of withdrawal from the purchase contract as provided for in Law 2251/1994, as amended by the Joint Ministerial Decision Ζ1-891/2013, and return a product for the purchase of which he/she used a discount code, he/she must follow the normal return procedure, as described in the Returns section.
Once the returned product has been accepted by the Company, the respective code will recover its original value. The difference in price between the discount code and the product purchased by the Consumer will be refunded to him/her within the time frame of the Company’s normal refund procedure.
6. Shipping and delivery of products
6.1. Shipping costs for shipments of products throughout Greece amount to € 3 (€ 3.00), including VAT. However, in the event that the Consumer chooses to pay the ordered products on delivery, then he/she will have an extra charge of € 2 (€ 2.00) on the shipping charges.
6.2. Shipping costs in any country abroad amount to six euros and fifty cents (€ 6.50). For shipments abroad there is no payment on delivery option.
6.3. In the event that, due to a third party fault or force majeure, it is not possible to deliver the products, the Company, following a control to be carried out, will refund the undelivered product to the Consumer with a bank credit specified in writing by the Consumer. A prerequisite for this refund is the prior written notification of the Company by the Consumer, by sending a written message to one of the Company’s e-mail addresses (tel/fax: 2121063161, e-mail: [email protected] & [email protected]).
6.4. Should the Consumer refuse to receive the products ordered from the Company, they will be returned to the Company and the Consumer will not be entitled to a refund. However, if Customer requests, by e-mail to the Company (e-mail: [email protected], [email protected]), the re-shipping of the products for which he/she has paid their price, then the products are re-shipped to the Consumer, with additional shipping costs, as defined in paragraph 6.1.
7. Customer Service
For every Customer/Consumer request to the Company, he/she may contact the Company’s Customer Service Department by telephone, fax or by sending a text message to one of the Company’s e-mail addresses (tel/fax: 2121063161, e-mail: [email protected] & [email protected]).
8. Right of withdrawal
8.1. According to Law 2251/1994, as amended by the Joint Ministerial Decision Ζ1-891/2013, the Consumer has the right to withdraw from the purchase contract concluded with the Company and to return products purchased from coloursandjems.gr without any penalty and without specifying the reasoning, within fourteen (14) calendar days from the day they were received.
8.2. In order for Customer to legally withdraw from the purchase contract, before the expiry of the relevant deadline, he/she must send a notice of withdrawal via the e-mail address registered at the time of sending the order to one of the Customer Service addresses ([email protected], [email protected]), according to the following model:
Model of Withdrawal Form
(fill in and return this form only if you wish to withdraw from the contract)
To NIKOLAOS GIANNIOS, Agios Dimitrios, Attica, 12 Koritsas Street, [email protected], [email protected]
I/we hereby disclose (*) that I/we withdraw (*) from my/our (*) contract of sale of the following goods of the following service (*)
Ordered on …………/received on …………. (*)
Bank account to which I wish to deposit the purchase price …………………………….
(*)Delete the unnecessary indication
8.3. If the Consumer chooses to exercise the right of withdrawal from the purchase contract, he/she obliged to send the products to be returned within fourteen (14) calendar days from the date he/she notified the Company of his/her decision to withdraw from the contract.
8.4. In case of withdrawal, the Consumer shall bear the cost of returning the goods otherwise it is considered that the withdrawal from the contract is invalid and unlawful.
8.5. The right of withdrawal is considered to be valid if – in addition to complying with the conditions and procedures provided for by Law 2251/1994, as amended by the Joint Ministerial Decision Z1-891/2013 and described in paragraphs 8.1. to 8.4. – the following conditions are met as a whole:
a. the contract Withdrawal Declaration must have been correctly filled in and sent to the Company within fourteen (14) days from the receipt of products.
b. the products must not have been used, worn or washed.
c. the identification label, which is an integral part of the products, must still be attached to the products,
d. the products must be returned to their original packaging (the packaging must be sealed as originally),
e. the products to be returned must be delivered to the carrier within fourteen (14) calendar days from the moment the Consumer notified to the Company a contract Withdrawal Declaration.
f. the products must not have been damaged.
8.6. By way of exception, the Consumer does not have the right of withdrawal in the cases provided for in Article 3ιβ of the Joint Ministerial Decision Ζ1-891/13-6-2013, namely:
a. When it comes to products manufactured according to Consumer specifications, clearly personalized.
b. When it comes to products which are not suitable for return, for reasons of health or hygiene (e.g. earrings).
c. When it comes to products sold as a set and the consumer wishes to keep one or more of the product set.
8.7. If the right of withdrawal is exercised in accordance with the terms and conditions set forth in paragraph 8, the Company will reimburse the sums paid for the purchase of the products returned in accordance with the methods and times of the normal procedure followed for reimbursement.
8.8. The reimbursement will be made as soon as possible after a check to ensure that the return of products by the Customer/Consumer have been made in accordance with the aforementioned terms of Return Policy.
8.9. In the event that the terms and conditions for the valid exercise of the right of withdrawal from the purchase contract and the return of products are not met, the Consumer shall not be entitled to refund of the amounts paid to the Company for their purchase. Within 14 days from sending the e-mail with which the Consumer will be informed that the return of the products was not accepted, it will be possible, at Consumer’s expense, to return the products to him/her in the condition in which they were returned to the Company, after informing the Company, in order to inform the Consumer of the procedure to be followed. Otherwise, the Company shall retain the products and withhold the amounts already paid by the Consumer for the purchase of the products.
9. Reimbursement times and procedures
9.1. After returning the products, the Company will verify that they comply with the conditions set out in paragraph 8. If these conditions are met, a confirmation e-mail will be sent to the Consumer confirming the acceptance of the returned products and will be refunded the amount of their purchase. In the event that the verification has a negative outcome, the Company will inform the Consumer about this and that it is possible to return, at Consumer’s expense, the products in the condition in which he/she returned them to the Company, according to what is indicated in the previous paragraph 8.9.
9.2. Regardless of the payment method used by the Consumer, the refund procedure is initiated by the Company in accordance with the terms and procedures provided by Law 2251/1994, as amended by the Joint Ministerial Decision Ζ1-891/2013 and after verifying that this right was properly exercised and the returned products were accepted.
9.3. If the right of withdrawal is validly exercised, the Company shall return the money as soon as possible to the bank account specified by the Consumer with the withdrawal declaration that has been lawfully and timely notified to the Company.
V. DECLARATION OF PERSONAL DATA PROTECTION
1. Personal data
Personal Data are considered information such as name, surname, e-mail address and other details identifying the individual. The User/Visitor/Consumer wishing to participate in the services provided by this website is necessary to fill in the required fields of information so that the Company can provide the relevant services. Required fields are those with an asterisk (*) in front of the field name.
2. Acceptance and Consent
The User/Visitor accepts and agrees that the Company, under the terms and conditions of Laws 2472/1997 and 3471/2006 as in force each time, will keep in record and process any personal data of his/hers that will come to its knowledge from the visit of the User/Visitor to its Website, with the purpose:
The support, promotion and execution of the services used by the User/Visitor.
The fulfillment of the terms and obligations of the individual services that the website provides to its Users/Visitors.
The general information of the User/Visitor for any action related to the services provided.
The smooth operation of the website.
By accepting this Policy, the User/Visitor recognises and gives the right to the Company to disclose personal information to third parties associated with it in order to facilitate any use of the User/Visitor data referred to in this Policy. Indicatively, the Company may use third parties, such as partners, agents, subcontractors, etc., to provide product promotion or customer services. It is emphasized that any such disposal or processing will be in a manner consistent with the above. If the User/Visitor does not consent to the above use of his/her personal details, he/she should not fill in the respective fields, but this would prevent the transaction from being executed. The User/Visitor may at any time contact the Customer Service Department of the Company via the contact page on the Website to request the correction, modification, or deletion of his/her details.
The Company has developed systems, techniques and processes for early detection and fraud prevention and uses data networks and servers protected from malware with high data protection, data storage and password protection to ensure maximum security of the information provided to it by the User/Visitor via the Internet.
Access to the Company’s servers is controlled by a firewall.
When the User/Visitor contacts this website, he/she recognises the risk that, despite the Company’s taking reasonable steps to safeguard his/her information, it may not prevent unauthorized access to it by third parties or the inadvertent disclosure during transit.
The information provided by the User/Visitor will only be used for the purposes of the services provided by the coloursandjems.gr website.
Cookies are small text files that store data on a website’s User/Visitor computer through the browser without harming them. They are used to make it easier for the browser to run the website by collecting and storing some user information and preferences.
The cookies we use collection the following information:
- Screen Resolution
- Operating System
- Current or default (by system) language
- Current or default (by system) currency.
For more information about using cookies please click here.
If the User/Visitor of this website wishes not to accept cookies, he may update his/her browser preferences.
Third parties, such as advertisers, suppliers, etc. (e.g., Google) may display ads of coloursandjems.gr in websites on the Internet.
This Declaration is part of the Terms and Conditions of Use of this website and forms part of the contract between the Company and the User/Visitor/Consumer.
The Company will update this Declaration of Personal Data Protection so that it is always in compliance with applicable provisions and regulations. Any amendment to this will apply after its posting on the website.
The Company recommends that Users/Visitors of the website should periodically review this Declaration in order to be informed about the protection of their information on this website.
VI. FINAL PROVISIONS
3. If any provision of these Terms is deemed invalid, impotent or unenforceable, this provision shall be considered as separate and, where possible, will not affect the validity and enforceability of the other provisions of these Terms.
4. These Terms and any contractual and non-contractual relationship between the Company and the Consumers shall be governed and construed in accordance with the Greek law and both parties, by accepting these Terms, are subject, by extrapolation, to the exclusive jurisdiction of the courts of the City of Athens.