Conditions of Use
A. GENERAL TERMS
1 Introduction
The present website is the "Electronic Store" for the exhibition and sale of ready-to-wear clothes, shoes and accessories via the Internet, which belongs to the company named "MUNDOUDI ELENI" based in Pefki, 53 Irene Avenue ( VAT number: 059640716/ D.O.Y AMAROUSIOU), with email address info@smartchicclothes.com and telephone service line of the online store 6932325196, which for the sake of brevity will be called "Company" or "Smart and Chic".
Through the website www.smartchicclothes.com, you have the possibility to be informed about the products sold by the Company and to make, if you wish, a remote purchase of these products through its online store, as they are specifically presented on this website. It is expressly agreed that the maintenance by the Company of the website www.smartchicclothes.com does not constitute a proposal for drawing up a sales contract with the respective User. Regarding your browsing on this website and the remote purchase of products through it, you acknowledge that they are carried out in accordance with more specific terms of use and transactions, as they arise from the present terms of use of the website, the terms of sale, which are provided for below in the relevant chapter but also from the current legislation. From now on you will be called User.
2. Website use
Before entering our online store we invite you to consult these Terms of Use and make sure you agree with them. If you disagree with any of these Terms of Use, you must not take any action on our Website or our online store, including simply browsing it.
The User, who will make a purchase of products through this website promises and accepts that he meets the legal conditions for concluding the contract as well as that he is an adult.
Every user who enters and transacts in our online store or makes use of our online store services, such as browsing it, or subscribing to our Company's newsletter or purchasing our products (hereinafter referred to for short as "visitor" and/or and "user" or "customer" depending on whether he is limited to visiting the store only or makes both an order and a purchase of products) is deemed to consent and unconditionally accept the present Terms of use and transactions set forth here, without exception.
3. Amendments
The Company reserves the right to unilaterally amend or renew these Terms of Use at its absolute discretion and/or when the amendment is required by law, possibly without prior notice to you, always however within the framework of business ethics and the limits that the law sets. The Company undertakes to inform you of any modifications as well as of any change through the Website. Any modifications will be effective from the date they are posted on this website or whenever the law stipulates. It is clarified that any change to these Terms of Use does not affect orders that you have already placed in our online store, before the changes come into effect in accordance with the above. The use of smartchicclothes.com after the above-mentioned modification, is considered as acceptance of the Terms of Use, as they were modified.
4. Provision of Information
The information provided by this website is complete, true, valid and up-to-date, whether it concerns our identity or the products provided by our online store. The above guarantees are subject to any technical or typographical errors, which cannot be foreseen or have occurred unintentionally or due to interruptions in the operation of this website or due to force majeure. smartchicclothes.com has taken all the necessary technical and other means in order to immediately update the available quantity and sizes of our products, however it reserves an express reservation regarding the validity of the quantities and sizes of the products available in the online store, as the update may to be carried out within a reasonable period of time after the modification.
5. WITHDRAWAL
5.1 Conditions for exercising right
You have a period of fourteen (14) calendar days to withdraw from any purchase you may have made through our online store without providing us with an excuse. The right of withdrawal is exercised when you want to return the product you bought from our online store, and get your money back. An exception to this are the purchases made in discount bazaars where it is explicitly and clearly stated.
The above period of fourteen (14) calendar days for exercising the right of withdrawal starts from the day after you or a person you may indicate to us as responsible for receiving your products (other than the carrier) obtains physical possession of purchased goods. In the event that you have ordered more than one product with one order and which are delivered separately, the deadline for exercising the right of withdrawal in accordance with the above begins from the day after the day on which you or a person you may indicate to us as responsible for receiving the products you (other than the carrier) obtain physical possession of the last good.
5.2 Procedures for exercising a right:
In order to exercise the right of withdrawal, you must, before the expiration of the deadline for exercising it in accordance with the above, inform us of any decision you have made to withdraw from the Sales Contract we have entered into, with a clear statement of yours which you will make by a permanent means e.g. email.
5.3 Obligations of the consumer upon withdrawal
To meet the withdrawal period you must send us your statement of exercise of your right of withdrawal before the expiry of the withdrawal period as set out herein. It is expressly agreed that your notification of the exercise of the right of withdrawal is deemed to have reached us on the next business day after it was sent to us.
In case of exercise of the right of withdrawal in accordance with the above, you must return to us the product from the purchase of which you are withdrawing immediately, without undue delay and in any case within fourteen (14) calendar days from the day on which it was received by us the notification of your decision to withdraw from the contract as set out herein. The deadline is deemed to have been met if you send back the goods before the end of the 14 day period.
You bear the cost of returning the products.
The consumer is responsible for any reduction in the value of the goods only as a result of handling the goods other than those necessary to establish the nature, characteristics and function of the goods. So in case of withdrawal and return of the product, our Company will check that the product has not suffered a reduction in its value, does not bear smells, dirt, wear, damage, before returning the money.
5.4 Company Obligations
If you withdraw from any of your purchases as set forth herein, we will refund all monies received from you subject to what is expressly set forth below. The refund will be made immediately, without culpable delay and in any case no later than ten (10) days from the date smartchicclothes.com receives the products you returned in accordance with the above. The refund is made by crediting your bank account which you will notify smartchicclothes.com when exercising the right of withdrawal. In any case no costs will be charged for such a refund. If you wish, your money can be credited to your personal Account that you maintain at smartchicclothes.com.
5.5 Return of Products
We are entitled to delay your refund until we have received back the goods you withdraw from the purchase in the same good condition in which you received them. In case of withdrawal in accordance with the above, it is clarified that any products that you have purchased with a discount due to the purchase of the product from which you are withdrawing, you must return them together with the basic product from which you are withdrawing from the purchase, otherwise the withdrawal is considered as not exercised by you and therefore no obligation is created for us. In addition, no returns are made on products purchased at discount bazaars where this is expressly and clearly stated.
You acknowledge and agree that it is your responsibility for any reduction in the value of the products you return, which occurs as a result of the management of said products on your part other than that which is necessary to establish the nature and properties of the products.
5. WITHDRAWAL
5.1 Conditions for exercising right
You have a period of fourteen (14) calendar days to withdraw from any purchase you may have made through our online store without providing us with an excuse. The right of withdrawal is exercised when you want to return the product you bought from our online store, and get your money back. An exception to this are the purchases made in discount bazaars where it is explicitly and clearly stated.
The above period of fourteen (14) calendar days for exercising the right of withdrawal starts from the day after you or a person you may indicate to us as responsible for receiving your products (other than the carrier) obtains physical possession of purchased goods. In the event that you have ordered more than one product with one order and which are delivered separately, the deadline for exercising the right of withdrawal in accordance with the above begins from the day after the day on which you or a person you may indicate to us as responsible for receiving the products you (other than the carrier) obtain physical possession of the last good.
5.2 Procedures for exercising a right:
In order to exercise the right of withdrawal, you must, before the expiration of the deadline for exercising it in accordance with the above, inform us of any decision you have made to withdraw from the Sales Contract we have entered into, with a clear statement of yours which you will make by a permanent means e.g. email.
5.3 Obligations of the consumer upon withdrawal
To meet the withdrawal period you must send us your statement of exercise of your right of withdrawal before the expiry of the withdrawal period as set out herein. It is expressly agreed that your notification of the exercise of the right of withdrawal is deemed to have reached us on the next business day after it was sent to us.
In case of exercise of the right of withdrawal in accordance with the above, you must return to us the product from the purchase of which you are withdrawing immediately, without undue delay and in any case within fourteen (14) calendar days from the day on which it was received by us the notification of your decision to withdraw from the contract as set out herein. The deadline is deemed to have been met if you send back the goods before the end of the 14 day period.
You bear the cost of returning the products.
The consumer is responsible for any reduction in the value of the goods only as a result of handling the goods other than those necessary to establish the nature, characteristics and function of the goods. So in case of withdrawal and return of the product, our Company will check that the product has not suffered a reduction in its value, does not bear smells, dirt, wear, damage, before returning the money.
5.4 Company Obligations
If you withdraw from any of your purchases as set forth herein, we will refund all monies received from you subject to what is expressly set forth below. The refund will be made immediately, without culpable delay and in any case no later than ten (10) days from the date smartchicclothes.com receives the products you returned in accordance with the above. The refund is made by crediting your bank account which you will notify smartchicclothes.com when exercising the right of withdrawal. In any case no costs will be charged for such a refund. If you wish, your money can be credited to your personal Account that you maintain at smartchicclothes.com.
5.5 Return of Products
We are entitled to delay your refund until we have received back the goods you withdraw from the purchase in the same good condition in which you received them. In case of withdrawal in accordance with the above, it is clarified that any products that you have purchased with a discount due to the purchase of the product from which you are withdrawing, you must return them together with the basic product from which you are withdrawing from the purchase, otherwise the withdrawal is considered as not exercised by you and therefore no obligation is created for us. In addition, no returns are made on products purchased at discount bazaars where this is expressly and clearly stated.
You acknowledge and agree that it is your responsibility for any reduction in the value of the products you return, which occurs as a result of the management of said products on your part other than that which is necessary to establish the nature and properties of the products.
However, it is clarified that in order to get your money back in the case of withdrawal, the product must be in the perfect condition received without damage and complete, in its original packaging and accompanied by all relevant documents. smartchicclothes.com DOES NOT receive products that are returned upon your withdrawal and that have smells, dirt, wear and generally give us the impression that they have been used beyond what is necessary to determine their suitability.
Also, the product being returned must be accompanied by all the necessary documents you received upon receipt (proof of purchase and SPECIAL RETURN FORM), otherwise smartchicclothes.com will not accept them as long as you agree that the right of withdrawal has not been legally exercised and in accordance with the terms hereof. In these cases the products are returned to you at our expense.
5.6. Replacement of products
You have the right to return the product you received within 14 calendar days and request that it be replaced with another size or another product. The return of the products for the purpose of replacing them does not constitute an action of withdrawal on your part. Products purchased from a smartchicclothes.com discount bazaar cannot be replaced or altered where expressly and clearly stated. For returns, the return costs are borne by the customer.
It is expressly agreed that the replacement of the products takes place as long as the product to be replaced is returned to our Company in the same good condition that you originally received it. Our company does not replace products that have smells, dirt, wear, damage or are not accompanied by all the documents you received from us. In this case, he does not receive them and they are returned to you at your own expense.
5.7. Supplier's liability for defect, lack of agreed quality or loss of product
The producer of each product that you purchase is responsible for any damage due to an actual defect of the product or a lack of agreed quality, as defined in 534 et seq. of the Civil Code.
Any agreement limiting or exempting the producer from his liability is void. If in doubt as to the identity of the producer of a product you have purchased from us, please let us know.
smartchicclothes.com has towards you all the obligations provided for in the Civil Code for the seller. Especially in the case of a defect in the product we sell you, you can (a) request its replacement with another or (b) withdraw following the procedure above. The above obligations of our Company cease in the event that the defect has been caused by you, or the product that is returned has smells, dirt, wear and generally creates the impression that it has been used beyond what is necessary to establish its suitability, or from a narrow or broad sense of force majeure. In any case, the products must be accompanied by the necessary legalization documents and receipts. You should exercise your above rights within fourteen (14) calendar days of receiving your products, and this period starts from the day after receipt and in any case within that period you should have returned the product to us.
In case of loss of the product, you have the right to withdraw from its purchase and to return to you any money you have paid for its purchase.
In this case you should follow the withdrawal procedure.
In the event that we have executed your order incorrectly (wrong product, price, etc.), you must inform us immediately at the following contact details: Phone: 6971542236 or Email: info@smartchicclothes.com.
For your better service and for the convenience of our Company in the event of a defect or error in your order, please send us a photo of the product and the other documents accompanying the product to our email info@smartchicclothes.com.
We further inform you that the risk of loss or damage to the products rests with the Company until you or a third party designated by you as competent to receive the products on your behalf (other than the carrier) has obtained physical possession of the goods, in which case the risk he is transferred to you. However, the risk is transferred to you from the delivery of your purchased goods to the carrier if the carrier has been instructed by you to carry the goods and such an option has not been offered by the Company, subject to your rights against the carrier.
C. FINAL PROVISIONS
1. FINAL TERMS
These General Terms constitute the final and only terms in force regarding the provision of the Service by the Company to the User and supersede any previous terms, previous contracts and arrangements, written or oral, between the Company and the User regarding the use of the Service .
2. WAIVER
No delay, negligence or tolerance of the Company in enforcing the observance of any present condition by the User, does not constitute a waiver nor does it impair any of its present rights. If any of the present conditions were to be deemed by any competent Court of the Authority to be invalid and consequently unenforceable, this condition will not invalidate the rest of the present conditions, which will remain in full force.
3. INVALIDITY OF TERMS
In the event that any part hereof is declared or determined by a court decision to be invalid, such invalidity will not affect the validity of the remaining part hereof, which will remain in effect as if these General Terms had been executed with the invalid part deleted. The Company will endeavor to replace any invalid term, with a new valid term, the effect of which will be the closest equivalent to the voided one.
4. APPLICABLE LAW – JURISDICTION
Any dispute between the contracting parties regarding the application, interpretation, invalidity of the terms of the contract, the existence or non-existence of rights and obligations of the contracting parties by contract or tort, is interpreted in accordance with Greek laws and is subject to the exclusive jurisdiction of the competent courts of of Athens, to whose jurisdiction the parties voluntarily submit from today.
Alternatively, the solution of out-of-court settlement through the European Alternative Dispute Resolution Body is proposed.