TERMS AND CONDITIONS OF USE AND PURCHASE OF PRODUCTS
This document (together with any document referred to herein) sets out the terms and conditions governing the use of this website and the purchase of products through this website (hereinafter the "Terms"), regardless of the technological means through which it is accessed.
Please read carefully these Terms and the Privacy Statement. By using this website or placing an order through it, you agree to be bound by these Terms and the Privacy Statement. If you do not agree to all of the Terms, do not use this website.
These Terms are subject to change. It is your responsibility to review them periodically, as the Terms in effect at the time you use the Website or at the time of the formation of the Agreement (as defined below) are the applicable Terms.
The Contract (as defined below) may be executed in any of the languages in which these Terms are available.
2. Our elements
The sale of products through this website under the name vargassport.gr is conducted by the individual enterprise "JOHAN VARGAS".
3. Your data and your visits to this website
The information or personal data you provide us with is processed on the basis of the Privacy Statement. By using this website, you provide your consent to the electronic processing and storage of such information and data and you declare that all information and data you provide us with are true and accurate.
4. Your use of our website
By using this website and/or placing an order through it, you undertake:
a. Use the website only to submit legitimate enquiries or orders.
b. To only use only legitimate queries and requests for information and to place only legitimate orders, and not to place false or fraudulent orders. If we reasonably believe that such an order has been placed, we have the right to cancel it and inform the relevant authorities.
c. Provide us with your correct and accurate e-mail address, postal address and/or other contact details. By doing so, you accept that we may use this information to contact you in the event that it is necessary (see our Privacy Statement).
If you do not provide us with all the information we need, we may not be able to complete your order.
5. Service availability
6. How the contract is drawn up
The information set out in the Terms and Conditions and the details contained in this website do not constitute an offer to sell, but rather an invitation for information. No contract will be deemed to have been formed between us and you in respect of any products until your order is accepted by us. If we do not accept your order and money has already been deducted from your account, then this will be refunded in full.
To place an order, you will be asked to follow the online checkout process and click the " Approve Payment" button to submit the order. You will then receive an e-mail from us confirming receipt of your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted, as this is a proposal from you to us to purchase one or more products. All orders are subject to acceptance by us and such acceptance will be confirmed by sending you an e-mail confirming that the product has been given for dispatch ("Dispatch Confirmation"). A contract for the purchase of a product between us ("Contract") will only be deemed to have been entered into when we send you the Dispatch Confirmation. The Contract will only apply to the Products whose shipment we have confirmed in the Dispatch Confirmation. We are not obliged to supply you with any further products that may be part of your order until we have confirmed the dispatch of those products in a separate Dispatch Confirmation.
7. Availability of Products
All orders of Products are subject to availability and in this light, in the event of supply difficulties or depletion of Products in stock, we reserve the right to inform you of similar Products of equal or superior quality and value which you may order. If you do not wish to order such similar products, we will refund the amount you may have paid in full.
8. Rejection of order
We reserve the right to withdraw any product from this website at any time, and/or to remove or edit any material or content on this website. Whilst we make every effort to process all orders placed with us, exceptional circumstances may arise in which we may need to decline to process an order after we have already sent you an Order Confirmation, which we reserve the right to do at any time in our absolute discretion.
We shall have no liability to you or to any third party for the withdrawal of any products from this website, whether sold or not, or for the removal or editing of any material or content of the website or
for refusing to process or accept an order after we have sent you an Order Confirmation.
Subject to the provisions of clause 7 above and subject to exceptional circumstances in this regard, we will use our best endeavours to complete your order for products listed on the Delivery Confirmation by the delivery date set out in the Delivery Confirmation or, if no estimated delivery date is set, within 7 days of the date of the Delivery Confirmation.
Reasons for delay may arise in the following cases:
- Adaptation of the products to the customer's requirements
-Specialised products to meet the customer's requirements -Specialised products
- Unforeseen circumstances
- Unforeseen circumstances - Unforeseen circumstances - Unforeseen changes in the delivery area
If for any reason we are unable to deliver on the delivery date, we will inform you of this and offer you the option to either proceed with the purchase with an extension of the delivery time, or cancel the order with a full refund.
For the purposes of these Terms, "delivery" will be deemed to have taken place or the order will be deemed to have been delivered upon signing the receipt for the goods at the agreed delivery address.
10. Failure to deliver
If, after two attempts, we are unable to deliver the goods to you, we will try to find a safe and secure place to drop off your parcel. We will leave a note explaining where your parcel is and how you can re-arrange to collect it. If you are not at the delivery point at the agreed time, please contact us again to re-arrange delivery on another day that is mutually convenient for both parties.
If, after 7 days from the time your order is ready for delivery, the said order has still not been delivered for reasons beyond our control, we will consider that you wish to cancel the Contract and the Contract will be considered terminated. As a result of the termination of the Contract, we will refund the full amount paid for the Products in question as soon as possible and in any event within 30 days of the date on which we deem the Contract to have expired. In such cases, we shall be entitled to charge you for any delivery charges and other costs incurred as a result of the termination of the Contract.
11. Risk and ownership
The responsibility for the products passes to you at the time of delivery.
Ownership of the goods passes into your hands either upon full collection by us of all sums due in respect of the goods, including delivery charges, or upon delivery (as defined in clause 9) if this takes place after collection.
12. Price and Payment
The price of each Product will be that set out at all times on our website, except in cases of obvious error. We always take care to ensure that all prices on the website are accurate, however errors may occur. If we find an error in the price of any product you have ordered, we will notify you as soon as possible and give you the opportunity to reconfirm the order at the corrected price or cancel it. If we are unable to contact you, we will consider your order to have been cancelled and will refund any amount you have paid in full.
We are under no obligation to supply you with any Product at the incorrect lower price (even if we have sent you a Dispatch Confirmation), where the error in the price is obvious and undisputed and can reasonably be identified by you as an incorrect price.
The prices on our website include VAT but not delivery charges, which are added to the total price as shown in the Purchasing/Delivery Guide, the contents of which form an integral part of these Terms.
Prices are subject to change at any time, however, subject in particular to what is set out immediately above, any changes will not affect orders for which an Order Confirmation has already been sent to you,.
Once you have selected all the products you wish to purchase, they will have been added to your shopping cart and the next step is to proceed with the order and pay. To do this, you must follow the steps of the checkout process, filling in or verifying the information requested at each step.
Payment can be made with Visa, Mastercard, American Express credit cards, PayPal and cash on delivery.
To minimize the possibility of unauthorized access, your card details will be encrypted. Once we receive your order, we will request pre-authorization of your card to ensure that there is sufficient credit balance to complete the transaction. Your card will only be charged once your order is dispatched for delivery from our warehouses.
If payment is made via PayPal, the amount will be charged upon confirmation of your order.
Credit cards are subject to validity and approval checks by your card issuer. If your card issuer does not approve payment, we will not be liable for any delay or non-delivery and we will not be able to enter into a Contract with you.
Product deliveries are made throughout Greece via Geniki Postal Company within 2-3 business days.
The charges are as follows:
For all orders within Greece, shipping is FREE.
For purchases with cash on delivery there is an additional charge of 3€ (including VAT 24%).
13. PURCHASE AS A GUEST
This website also allows purchases through the purchase as a guest function. This mode of purchase requires only the necessary information to process your order. Once the purchase process is complete, you will be given the option to register as a member or continue as a non-registered member.
14. Value Added Tax
In accordance with current rules and legislation, all purchases made through this website are subject to Value Added Tax (VAT).
In this context and in accordance with Chapter I of Title V of Directive 2006/112/EC of the European Council of 28 November 2006 on the common system of value added tax, as incorporated into the Greek VAT Code, the place of supply will be deemed to be the Member State of the address where the goods are to be delivered (i.e. Greece) and the applicable VAT rate in Greece will be applied.
15. Change/Returns Policy
15.1 Legal right of withdrawal
In accordance with the applicable provisions in case you are dealing as a consumer, you may at any time within 14 calendar days from the date of delivery withdraw from the Contract (except in the case of any of the products in clause 14.3 below, where the right of withdrawal is not provided).
In this case, you will be refunded the amount you paid for the Products in question.
You may prove the exercise of the right of withdrawal by any of the means provided by law, but in any event you will be deemed to have legally exercised such right if you send the return form we provide to you (the "Return Form") or if you have returned the Goods.
15.2 Common provisions
You may not withdraw from the Contract where the subject matter of the Contract is the provision of any of the following products:
- Products tailored to the customer's needs.
- Products that are not deemed suitable to be returned for health and hygiene reasons and which have been opened after delivery.
Your right to withdraw from a Contract applies only to Products that are returned in exactly the same condition as when you received them. Please return each product using or including its original packaging, boxes, product labels, instruction forms and other documentation. In all cases. No amount will be refunded if the product has been used after opening or if it is damaged. Therefore, you must ensure that you take due care of the products while they are in your possession.
You can return any product to our store located at 54 Kanada Street in Rhodes or via courier Geniki Taxidromiki or ACS COURIER wich we cooperate with and to be payed by consignee (vargas sport). The cost of 5 euro will be deducted from the amount the you have payed for the product.
We will examine the returned product in detail and inform you if you are entitled to a refund (if applicable). We will refund your money as soon as possible and in any case within 30 days from the day you notify us of your withdrawal. Your refund received by us for the returned product will be made by the same method as the payment was made.
15.3 Returns of defective products
In the event that you believe that the product you have ordered does not comply with the terms of the Contract at the time of delivery, you should contact us immediately via our online contact form, by mail or telephone, describing in detail the product and its defect.
You can also return the product to our store or deliver it to the courier company we will arrange. In neither of the above cases will you incur any costs.
Once we have received the returned product, we will examine it in detail and inform you by e-mail or telephone within a reasonable time if you are entitled to a replacement or refund (if applicable). A refund or replacement will be issued as soon as possible and, in any event, within 30 days of the day we confirm that you are entitled to a refund or replacement of the defective product.
In the case of defective products, the amount paid will be refunded in full, including shipping costs and any other reasonable costs you have incurred in returning the product. Your refund will be made by the same method as payment was made.
This provision is without prejudice to your statutory rights under applicable law.
16. Liability and disclaimer
Unless expressly stated otherwise in these Terms, our liability in relation to any product purchased through our website is strictly limited to the purchase price of that product.
Notwithstanding the foregoing, nothing in these Terms shall exclude or limit in any way our liability in the following circumstances:
a. None of the foregoing exclusions shall apply to any of the foregoing except for death or personal injury caused by our negligence,
b. Fraud or fraudulent misrepresentation; or
c. For any matter for which it would be unlawful or unfair for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the preceding paragraph and to the fullest extent permitted by law, unless otherwise stated in these Terms, we accept no liability for the following, regardless of the cause of their occurrence:
a. (a) Loss of income or revenue; a. Loss of income or revenue
b. Loss of income or revenue or loss of income or revenue
c. Loss of earnings or contracts
d. Loss of expected savings
e. Loss of data; and
f. Waste of administrative resources or working hours.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted to or received from this website, unless otherwise expressly stated on the website.
All product descriptions, information and material posted on this website are provided "as is" and without warranty of any kind, whether express, implied or otherwise implied.
To the fullest extent permitted by law, but without excluding anything that could not be lawfully excluded in the case of consumers, we disclaim all warranties of any kind.
This clause does not affect your statutory rights as a consumer or your rights to cancel the Contract.
17. Intellectual property
You acknowledge and agree that all intellectual property rights, trademarks and all other intellectual property rights in relation to all material and content provided as part of the website are at all times owned by us or our licensors. Use of them is only permitted with express authorisation from us or our licensors. This does not prevent you from using this website to the extent necessary to create a copy of an order or the details of the Agreement.
18. Viruses, piracy and other electronic crimes
You may not misuse this website by knowingly transmitting viruses, trojan horses, worms and other malicious software or other material that is malicious or technologically harmful. You may not attempt unauthorized access to this website and its server, or any other server, computer and database connected to our website. You agree not to attack the website through a denial of service attack or a distributed denial of service attack.
Breach of this obligation may constitute a criminal offence under applicable law. Any such breach will be reported to the competent law enforcement authorities with whom we will cooperate in order to reveal the identity of the electronic offender. Likewise, in the event of such an infringement, your right to use this website will be immediately terminated.
We will not be liable for any loss or damage caused by a denial of service attack, viruses or other malware or other technologically harmful material that may infect your computer, its components, data or any other material on it due to your use of this website or the downloading of material contained on this website or similar material from another website linked to this website.
19. Links to our website
Our website may contain links to other websites and resources provided by third parties. These links are provided for informational purposes only and the content of such websites or resources is in no way under our control. We therefore accept no liability whatsoever for any loss or damage that may arise from the use of such links.
20. Written communication
Applicable law requires some of the information or updates we send you to be in written form. When you use our website, you accept that communication with us will be primarily in electronic form. We will communicate with you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic form of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications must be in writing. This condition does not affect your statutory rights.
All notices directed to us by you should preferably be submitted via our online contact form. Subject to clause 20 above and as may otherwise be provided, we have the right to notify you either by e-mail or at the postal address you provided to us when placing your order.
The notice will be deemed to have been duly served and received as soon as it is posted on our website or 24 hours after an e-mail is sent or three days from
the date of dispatch of any letter. Sufficient proof of delivery of any notice will be, in the case of a letter, the fact that such letter is properly addressed, postage paid and delivered to the post office and, in the case of an e-mail, that such e-mail was sent to the designated e-mail address of the recipient.
23. Transfer of rights and obligations
The Agreement between you and us is binding on you and us and our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations under it, without our prior written consent.
We reserve the right to transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of our rights or obligations under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other type of disposal shall not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any express or implied warranty we may have given you.
24. Force majeure events
We will not be liable or responsible for any failure to perform or delay in performing any of our obligations under the Contract caused by events beyond our reasonable control (a Force Majeure Event).
A Force Majeure Event is any act, event, failure to perform, omission or accident not within our reasonable control and includes specifically (but not limited to) the following:
a. Strikes, walkouts or other union actions.
b. Social unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether or not declared) or threat or preparation for war.
c. Fire, explosion, storm, flood, earthquake, earthquake, subsidence, epidemic or other natural disaster.
d. Inability to use railroads, ships, airplanes, motor vehicles, or other public or private transportation.
e. Inability to use public or private telecommunications networks.
f. Acts, ordinances, laws, regulations or governmental restrictions.
g. Any strike, breakdown or accident of shipping and postal services or other means of transport.
The performance of our obligations under any Contract shall be deemed to be suspended for the period of the Force Majeure Event and the time for performance shall be extended for a period equal to the duration of such period. We will use all reasonable endeavours to terminate the Force Majeure Event or to find
a solution that enables us to perform our obligations under the Contract despite the Force Majeure Event.
If at any time during the term of a Contract we do not seek your performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of those rights and remedies and will not relieve you of your obligation to comply with those obligations.
Our waiver of any individual claim shall not constitute a waiver of any similar claim in the future.
No waiver by us of any of these Terms will be deemed valid unless expressly stated to be a waiver and communicated to you in writing as set out in the clause above relating to Notices.
26 Partial Cancellation Clause
If any competent authority determines that any of these Conditions or provisions of the Contract are invalid, illegal or unenforceable to any extent, such conditions or provisions shall to that extent be severed from the remaining conditions and provisions, which shall continue to be valid to the fullest extent permitted by law.
27. Full Agreement
These Terms and any document expressly referred to in them constitute the entire agreement between us in relation to the subject matter of each Contract and supersede any prior written or oral agreement, understanding or arrangement between us.
Both you and we acknowledge that, in entering into the Contract, neither of us has relied on any statement, undertaking or promise that may have been made by the other party or implied orally or in writing in negotiations between us prior to this Contract, unless otherwise expressly set out in these Terms.
Neither party may exercise any remedy in respect of any false statement made by the other party, whether orally or in writing, prior to the date of each Contract (unless the false statement was made fraudulently) and the exercise of remedies by the other party will only be permitted for any breach of the Contract as provided in these Terms.
28. Our right to amend these Terms
We reserve the right to review and amend these Terms from time to time. At the time you order products from us or make use of this website, you are subject to our then current policies and Terms, unless required, any modification or amendment of these Terms and Conditions is not required.
Privacy Statement to be effected by law or governmental authority, in which case such modification will apply to orders placed by you prior to that time).
29. Law and jurisdiction
Contracts for the purchase of products through our website are governed by Greek law.
Your comments and remarks are welcome. Please send us your comments and observations via our online contact form.
(complete and return this form, only
if you wish to withdraw from the Contract)
To: "JOHAN VARGAS"
I hereby give notice that I withdraw from this contract of sale in respect of the following goods:
Date of order/delivery (*):....................................
Name of Consumer:.......................................
Consumer's signature (only if this form is submitted in written form):......................................
(*) Delete as appropriate