CONTRACT- TERMS AND CONDITIONS OF USE OF PACKITUP SITE
www.packitup.gr is the online store for the exhibition and distribution through the Internet of products of the Greek public limited company «CANDAPLAST INDUSTRIAL AND COMMERCIAL COMPANY OF PLASTIC AND PAPER PRODUCTS SA», under the trade name «CANDAPLAST INDUSTRIAL AND COMMERCIAL SA», located in the Municipality of Echedoros – Municipal Department of Kalochori, in Thessaloniki, on Navarinou Street, number 8 (KTEO area), in Greece (VAT no: 082498906 / Commercial Companies Tax Office of Thessaloniki). Before entering the online store and browsing our website, we request that you consult the following terms and conditions, which apply specifically to the use of the «CANDAPLAST INDUSTRIAL AND COMMERCIAL SA» online store, located at www.packitup.gr.
Make sure you agree with the following terms and conditions because, using our website and online store in itself means that you, as customers or users, have read, fully understood and completely and unconditionally accepted these Terms of Use, that you are bound by them in their entirety and that you undertake to fully comply with them. Our company warns that, in the event that a Customer or User do not agree with one or more of the terms, they should refrain from any use of the Website and the Online Store, as well as from any transaction through it.
These terms are fully compliant with the applicable Greek and European legislation, while the Customer or User acknowledge the right of the Company to unilaterally modify or renew the terms hereof, as well as the conditions of the transactions made through its online store, insofar as these do not relate to its statutory obligations; it is further clarified that any change of terms does not cover orders already completed by the Customer or User.
«CANDAPLAST INDUSTRIAL AND COMMERCIAL SA» (hereinafter the Company) undertakes the obligation to inform the users of any modifications as well as any changes, through the web site of this online store.
As part of the obligation to inform and safeguard the Customers or Users of the Website and the Online Store you accept that:
1. ORDERING PROCEDURE - CREATION OF ACCOUNT FOR CUSTOMER PURCHASES.
In order to purchase products through the Online Store, the Customer a) creates an account following the procedure as set out on the Website or b) can register as a member of the Online Store. Registration takes place only once during the procedure of purchasing a Product for the first time. In this case, the Customer may be asked to enter their name, surname, telephone number, Product shipping address and e-mail address.
In case of any change to the abovementioned indicative information requested, the Customer or User are obliged to inform the Online Store immediately.
The Customer may also subscribe to the Newsletters of the Company, in order to be regularly informed about its activities and Products. The Customer is furthermore offered the opportunity, at any time after registering with the aforementioned service, to ask the Company to stop sending them relevant updates of its Online Store, by selecting the relevant link in any newsletter received.
2. THE PRODUCTS / PRODUCT CUSTOMIZATION - ADAPTATION - WITHDRAWAL
The products sold are customized, in other words “tailored”, and their production begins directly with the human resources of the company upon order. As customized products, they fall within the scope of para 3ib, case c’ of Law no 2551/1994. Given that they are customized, ordered or manufactured exclusively based on the specifications and wishes of each customer, i.e. based on the texts / logos or photos, colors and dimensions they request, they are non-refundable. Immediately upon order of the customized product or the product manufactured based on the specifications requested by the Customer, an electronic preview of the product will be displayed to the Customer / User in all the dimensions available to the company, along with the corresponding net prices, depending on the size that will ultimately be selected by the consumer. The Customer is informed about the product prior to the completion of their order by ticking the checkbox and it is thus notified to the Company that the Customer is fully consenting to this purchase and unconditionally accepts the legal consequences of the order. The continuation and completion of the order is complete proof of the knowledge and consent of the Customer and bears the results of the article 3ib of Law no 2225/1994, as a case of exemption from the right of withdrawal of the Consumer / Customer due to the given special nature of the specific products and services.
3. PRODUCT ORDER AND CONSUMER PROTECTION
The placement of an order through the Online Store constitutes the conclusion of a distance selling contract regulated by the legal framework of Law no 2251/1994, as amended by the Ministerial Decision no Z1-891/2013 (Government Gazette B' 2144/30.8.2013 - Adaptation to Directive 2011/83/EU) and as codified, amended and enacted pursuant to the Ministerial Decision no 5338/2018 (Government Gazette B' 40/17.01.2018) and the Ministerial Decision no 85090/2018 (Government Gazette B' 3519/21.08.2018). The contracts in question are concluded through the Online Store in the following languages: Greek, English and Italian.
Only a legally competent Customer fulfilling the requirements of the articles of the Greek Civil Code can place a valid order through the Online Store, i.e. one who is at least eighteen years of age and is not under full, partial or auxiliary guardianship regarding the conclusion of a selling contract, while the Company reserves the right to demand from the supervisor or guardian any orders placed by legally incompetent persons.
4. ORDER PLACEMENT PROCEDURE
a. The Customer shall select the product they wish to purchase from the Online Store and add it to their shopping cart. The description, characteristics and price of the product, legal VAT included, are displayed on the order screen. Once the Customer has opted for all the products they wish to purchase, they are informed by the Online Store of their total value, VAT included, and the cost of their shipping. The Customer can then choose the method of payment for the products.Upon payment, the design department contacts the client within 3 working days to create the artwork (up to 3 artworks). The shipment time mentioned in the email is valid once the payment has been completed and the artwork has been approved.
b. Upon shipment of the order, the Customer receives a copy of the order by e-mail, which they can save.
c. Cancellation of the order shall be accepted within 2 hours of its activation ( the order is active upon its fully payment), as the printing and production order of the requested product follows.
d. The Customer is also offered the opportunity to contact the Business on any matter relating to their purchases via the e-mail address [email protected]. The Company shall communicate with the Customer at the email address stated by themselves or on their telephone number, provided that they have given it upon order placement. The Customer is obliged to inform the Online Store in case of a change to their e-mail address and / or telephone number, if given.
e. The Company has the right to change the prices of the products sold without prior notice to the Customers. In any case, the price stated next to the product will be the one applicable at the time of its being ordered.
f. In the event that the products are occasionally sold at prices below their usual ones (deals), these prices will be valid for a fixed short period of time.
g. Orders that are pending payment are valid until stocks run out or the price shown on the respective order changes.
5. PLACE OF SHIPMENT - PAYMENT METHODS
a. The Online Store Products can be shipped anywhere within the European Union, with the exception of Malta and Cyprus.
b. The Customer may choose to pay for the Products either by credit or debit card, by depositing the sum into the bank account of the company or by PayPal.
More specifically:
i) Payment by Credit or Debit Card: The Company has concluded an Online Payment Card Transaction Management Services Agreement with Eurobank. Through the hardware and software of the Bank, that is, through the Bank System, the Customers-Users of the Online Store can make their transaction with credit or debit cards.
The Bank System operates applying technical and operational security standards that regulate how sensitive cardholders' – Customers’ personal data is handled.
The Customer of the Company - Online Store – cardholder connects to the Online Store and orders the desired products. Once they decide to pay for their transaction using a card, they are taken from the Online Store of the Company to the Bank System. There they enter the requested information on the appearing screen, giving the order for a card debit payment.
On the appearing screen the cardholder is asked for:
1) the card number
2) the month and year of expiry
3) the authentication number on the back of the card
The Bank System accepts the Card details on behalf of the Company in accordance with the rules of the applicable current security standards.
Upon successful completion of the transaction, the Company will display to the Customer - cardholder a screen with all details of the transaction, the price in Euro, as well as a personalized reference number for the cardholder to contact the Company regarding the particular transaction.
ii) Payment by bank deposit: The bank accounts of the Company are the following:
PROCREDIT BANK ΙΒΑΝ:GR1211600000000001400016802
In this case, the order will be completed after the final confirmation of the payment by the Bank. Customers must choose to bear all remittance costs themselves.
6. DELIVERY METHOD - TIME – COST
a. With regard to the shipment of Products ordered by the Customer / User and their delivery, the Company collaborates with the following courier companies:
Α) GENIKI TAXYDROMIKI S.A.
Β) DHL Express S.A.
C) Transportation companies (transportation companies deliver to the pavement of the stated delivery address)
b. Shipping costs are included in the final payment amount.
c. Upon successful completion and conclusion of the contract, the expected shipment time of the products to the Customer shall be indicated.
d. The shipment time is valid from the date of fully payment of the order and confirmation of the artwork.
7. REPLACEMENT
In case that, due to fault of the Company, a Product is shipped to the Customer, which is either defective or does not comply with what the Customer has ordered (permissible color deviation and logo placement ± 20%) , the Customer has the right to return it to the Company, in order for it to be replaced. The Company shall be liable for the return of the defective or non-ordered Product and the shipment of another.
There can be a replacement only in the case the Customer notifies the Company within three (3) business days of receiving the Product. After this period of time, no replacement shall be possible. In addition to that, especially in the case a Product other than the one ordered by the Customer has been shipped, it must be in the same condition as received in order for it to be replaced.
The replacement request can be emailed to [email protected]
8. PRODUCT RETURN
In the event that, due to a significant defect, the sold product needs to be replaced, the Company incurs the cost of return of the defective Product, as well as of its replacement with a new one.
Any defective Products are returned to the following address, upon acceptance of the replacement request by the Company:
CANDAPLAST INDUSTRIAL AND COMMERCIAL SA
NAVARINOU 8 (ΚΤΕΟ AREA)
P.C. 54628, KALOCHORI THESSALONIKI
9. COMPANY LIABILITY - RISK
a. The Company is not responsible for the delay or failure to execute an order due to force majeure events, such as, indicatively, a strike of means of transport, etc. In any such case, the Company is entitled to an equal extension of the period of time set for the fulfillment of its obligations.
b. The risk of loss or damage of the Products shall be borne by the Company until the Customer or a third party, designated by the Customer, other than the carrier, has acquired physical possession of the Products.
c. The Company is committed to the completeness, validity and accuracy of the information provided in its Online Store regarding its Products. However, it maintains a reservation in regard with any technical or typographical errors that might occur unintentionally, and not on purpose. The Company is not responsible for any direct or indirect, positive or consequential damage that may arise from the lack of ability to use the Website www.packitup.gr, as well as from any errors, interruptions, defects or delays in its operation.
d. The Company has taken all necessary measures, as required by standard practice, towards achieving the highest level of security and protection solely of its Online Store and own systems, and undertakes to upgrade its protection systems and apply antivirus programs. The Company, given the nature of the Internet, does not guarantee the non - existence of viruses on its Website and shall not be liable in the event of any damage to the equipment, software, files, or of any other damage to the User or Customer, due to a virus or any other kind of malware.
e. The Company and its associates shall not be liable for any damage suffered by a User, Customer or third party from any unlawful and unauthorized use of the Website and the Online Store by a User, Customer or third party, in breach of these Terms of Use or of the applicable law .
10. RESPONSIBILITY OF USER - CUSTOMER
a. The User and Customer make use of the Online Store at their own responsibility, in accordance with these Terms of Use and the instructions of the Company each time posted on the Website, solely for the purposes set forth herein. Any other use of the Online Store is prohibited. The User and the Customer shall, in particular, be obliged to refrain from using the online store for the purpose of:
i) The collection, processing or storage of Customers’ personal data.
ii) The e-mailing, posting or generally transmitting in any way of any material that is illegal and infringes the rights of third parties.
b. The User and Customer are required to have the latest versions of software, operating systems, antivirus programs and related data protection and computer programs (antivirus programs, antispyware, firewalls, etc.) installed on their computer.
c. The User and Customer are liable for any damage suffered by the Company as a result of their acts or omissions, as well as of any illegal, unconventional and / or unlawful conduct of them during the use of the Website and the Online Store.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
a. The use of the Website and the Online Store and its Content by the User and Customer does not create any right for them upon the designs of the Products, works, items and materials incorporating the intellectual and industrial property rights of the Company or any third parties, and which are accessible through the Website.
b. Any use of the Website and the Online Store or its content by a User, Customer or third party for the purpose of making a profit is prohibited, including: the reproduction of the content of the Online Store for commercial or other purposes.
c. It is also prohibited to imitate or tamper with the Online Store or its Content, in any way, in part or otherwise, in any form whatsoever and by any means. The User is specifically prohibited from:
i) The export or re-use of all or a substantial part of the Online Store database. The User may not perform acts that conflict with the proper use of this database or undermine the lawful interests of its proprietors or cause damage to the holders of copyright or related rights.
ii) The performing of any act aimed at the reverse engineering or reconstruction of the source code of the Website software or at the unauthorized access to any software, system, individual computer or computer network and / or file of the Business or the hacking of the Website and the systems in general in any way.
iii) The neutralization of the technological measures taken to prevent acts not approved of by the Company, which (neutralization) takes place with the User’s knowledge or where there is reasonable suspicion that they had been aware of the consequences of their actions.
iv) The counterfeiting or imitation of the trademark, brand and other distinctive features, designs and standards of the Company and / or third parties, which are published on the Website. The display of the above distinctive features on this Website does not constitute a transfer or assignment of any license or right to the User to use them.
v) The removal or modification of the Terms of Use or any other text in electronic form, which is posted on the Website, and concerns the protection, the use or the proprietor of an industrial or intellectual property right.
d. In any case of infringement or threatened infringement of industrial or intellectual property or any related right, including the exclusive right of the creator / manufacturer of the Website and the Online Store, the Company and third parties, the above persons may, on a case-by-case basis, claim the imposing of civil, administrative and criminal penalties on the person who has infringed or intends to infringe the above rights, as provided for by law.
12. SECURITY
The Website www.packitup.eu has taken all appropriate measures to ensure the security of its online trading.
13.CHANGES – CEASING OF OPERATIONS
a. The Company is entitled to modify the Terms of Use, in accordance with the applicable legislation, and to post the modified text on the Website. Any use of the Website by the User or Customer that is subsequent to the modifications shall constitute an acceptance of such modifications.
b. The Company is entitled to modify the Content of the Online Store, to add or remove Products, information and data and to suspend or cease its operations, whenever deemed necessary or prudent.
14. APPLICABLE LAW – COMPETENT COURTS
These Terms of Use are governed by Greek law.
Any dispute arising out of or related hereto falls under the jurisdiction of the courts of Thessaloniki.