Designisthis Terms and Conditions of Use

 

Please read these terms and conditions carefully as they apply to your use of the webpage designisthis.com. By using this Site you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted. The visitor of this website acknowledges that he/she has read these terms, agrees with them and assumes the obligation to comply.

1. Services provided by the website

This website was created by the “Andreas Rekopoulos – DESIGNISTHIS.COM” company, hereinafter mentioned as the “Company" in order to provide information on products and services and in order to facilitate online ordering. Designisthis.com webpage disclaimer consists of binding corporate rules, which the Company upholds and the user / visitor is bound to uphold also. These conditions are in accordance with the current European and Greek law and non-compliance of the webpage users or third parties to these conditions implies the Company’s right to remove any liability towards affected physical or legal entities. The users recognizes the Company’s right to alter those terms without prior notice as long as they are not related to its legally binding obligations.

2. Access, Navigation and Interaction to the website

2.1 The visitor of the website holds a non-exclusive, non-transferable, personal limited right to access, use and navigate our web pages and its published content. The right of access does not involve entering aspects of the website covered by the communications secrecy act, such as the source code or any other data on the website, non-accessible by following usual navigation process (browsing). This permit is not a transfer title of the website or its components and requires compliance with these terms, especially those concerning the Company’s intellectual property. This permit is not binding for the company as far as the proper use of social networking sites or other webpages owned by third parties.

2.2 The website’s visitor is able to intervene in certain fields, wherever this is technically possible, by expressing his opinion on posted items, through “Like” applications, available to those users who own an account on the social network service "facebook".
The function of this application, which among others implies that the comment "Like" concerning the Company’s website, will be posted on the "facebook" user’s profile, is solely governed by the terms of use of this social network service, which lie beyond the Company’s sphere of responsibility.

2.3 The website’s visitor who owns accounts in social network services can share posted comments through "Share" applications. He can also send e-mails and transfer relevant information to messenger services through automated applications incorporated in the respective posts. The function of this application is solely governed by the terms of use of the respective social network services, which lie beyond the Company’s sphere of responsibility.

2.4 The website’s visitor, by submitting his name, e-mail address and age, is given the possibility of receiving Company newsletters via e-mail. If the user is no longer interested in receiving those Newsletters, he can state his wish in order to stop receiving them.

2.5 The website’s visitor can subscribe to a RSS feed and receive relevant notifications concerning new posts on the website. If no longer interested in receiving notifications he can state his wish and unsubscribe from the RSS feed.

2.6 The website’s visitor can participate to online contests conducted through the website, abiding by the individual terms of participation and conduct of each contest.

3. E-shop orders – Conditions for valid orders

3.1 The website’s visitor can place a valid order given that he has the legal capacity according to the Greek Civil Code orderings, i.e. given that he has reached eighteen years of age and that he is not subject to judicial support to the sales contract. Orders may also be placed by representatives of legal persons. The company reserves the right to claim orders from the supervisor or guardian of persons with no legal capacity.

3.2 In order to place an order the following are required:

(a) Completing the relevant form by providing all information necessary in order to conclude the sales contract.

(b) The unconditional acceptance of the sales contract’s terms, for the sold item, the quantity, the price including taxes and other expenses and the cost of shipping and handling.

(c) The unconditional acceptance of these terms of use, which constitute an integral part of the drawn up contract. Acceptance of the above mentioned occurs by choosing to “checkout” and conclude an order.

3.3 The payment method is selected by the interested party and includes the possibility of using a credit card, PayPal, bank deposit, or cash on delivery (cash on delivery applies only for orders shipped to Greece). Only those credit cards that appear as selected on the website’s ordering system may be accepted.

3.4 An order constitutes a distance sales contract, subject to the relevant legislation (article 4 L.2251/1994, as amended and enforced). Through the website, prior to the completion of the order, prior to the completion and submission of the relevant form, the consumer is informed by the Company regarding the following:

(a) The identity and address of the supplier.

(b) The essential characteristics of the product.

(c) The price, the quantity and the shipping fees as well as the VAT, if this is not included in the price.

(d) The method of payment and delivery.

(e) The right to cancel the order.

By sending the order form, the consumer receives an electronic copy of his order, which he can save and where all the above are mentioned.

4. Consumer’s right

4.1 Cancelling an order. The consumer holds the right to cancel an order without stating any reasons within fourteen (14) calendar days, unless a longer period is agreed, by returning the product in the original state, without any incurring costs other than return fees. This period starts from the day the products were received. In order to exercise his right, the consumer must complete and send the relevant cancellation form received at the time of the order’s receipt.

4.2 In the case of a cancellation of the order, the consumer is required to directly return the product in the original packaging along with the cancellation form, while the supplier is obliged to repay the sums paid by the consumer, within thirty (30) calendar days. The return of the sum is performed in the same manner the payment was made, unless payment was made upon delivery. If the sum is charged to the consumer’s credit card, the right to cancel the order also entails the solution of the tripartite contract between the consumer – supplier and the bank, without compensation.

4.3 Replacing an item. The consumer has the right to ask for the replacement of a product if the item he received was defective or doesn’t correspond to the item ordered. For an item replacement, in the case it was defective or different from that ordered; the consumer should contact the company and return it on the same day of the delivery. It is necessary that the items are in the same condition they were received in and that the consumer has the invoice or sales receipt. We recommend very careful control upon receipt in order to avoid any receipt of defective products or products not ordered.  In any case, the maximum timeframe for returning an item on order to submit a replacement request cannot extend beyond fifteen (15) calendar days from receipt. Before any return, we recommend contacting our company. The conditions for carrying out the replacement of a defective product or a product other than the one ordered are the following:

(a) Contact the company within 24 hours from receipt in order to point out the problem using the telephone number found on the "Contact Us" section of our website or by using the e-mail info@designisthis.com.

(b) Send a completed return of product request form found on our e-shop homepage, strictly within a period of 15 days.

(c) In the case of a product other than that ordered, it should not be used and it should be kept in the packaging in the condition in which it was received. The delivery of the new product will take place over a time period equal to the time of dispatch of the original item.

4.4 For items available only “Upon Request” and are produced according to the specifications the customer requested the company does not offer a refund, only replacement in case of defective products. This kind of product can be for example a piece of furniture that was painted and/or upholstered according to the customer’s specification.

5. Submission of complaint

5.1 For any situation where the consumer was dissatisfied with the way in which the order was completed or for any other reason related to the e-shop website, he has the right to submit a complaint to the company, within fifteen (15) days after the problem occurred, by completing the contact submission form found on the website.

5.2 The consumer’s complaint will be immediately examined and a reply will be sent by the company, the latest within ten (ten) days from receipt, to his e-mail address. While examining the complaint, the company reserves the right to contact the consumer in order to clarify the conditions that led to the indicted problem. In this case the consumer should provide all the relevant information in order to help settle the matter.

5.3 For any matter concerning the e-shop functionality, or any other dealing related with designisthis.com, the consumer, by accepting theses terms of use, the consumer is obliged to follow the complaint submission procedure prior to any legal procedures.

6. Use and protection of personal data

6.1 The Company processes only the personal data necessary for providing the website and the online store services. It concerns data provided by visitors whilst completing one of the forms on the website and they knowingly proceed with their submission. The necessary process for the webpage visitors’ personal data is a procedure that falls into the field of application of the article 7A paragraph 1 (b) Ν.2472/1997 and this data is not transferred or shared with third parties unless we follow the procedure for the lifting of secrecy as prescribed by law (N.2225/1994) or any other obligations which may arise from the national implementation of the Directive 24/2006. The processing of personal data for those who place an order, such as charging their credit card, is held under the agreement with PIRAEUS BANK and PAYPAL.

6.2 The website uses cookies. Disabling cookies may make it impossible for the user to navigate the website as intended by the manufacturer. While visiting the website for the first time a permanent "cookie" will be assigned (a small text file) and stored on the user’s hard drive. Cookies are used while in order to "personalize" a website when a user repeatedly visits this domain. You may visit the website having disabled the cookies, however you will not be able to use all the features on the webpage or enjoy special characteristics. To change the cookies settings, please see the menu. "Help" settings on your browser.

6.3 Any processing of personal data, is conducted by persons assigned by the company. To perform the processing procedure, the company has chosen persons with the relevant professional qualifications who provide sufficient guarantees in terms of technical knowledge and personal integrity for maintaining confidentiality.

6.4 When placing orders online the website doesn’t record or store in any way any information concerning your credit card except, for reasons of security, the following two parameters.

(a) Whether the card is Debit or Credit.

(b) Whether the card is Visa or a Master Card.

6.5 All transactions made through the website are governed by the relevant provisions of the Law on Consumer Protection (L. 2251/1994), that regulates issues concerning distance sales as well as by the provisions of the European and International Law governing electronic commerce.

6.6 Everyone has the right to know about personal data that concerns him which have been processed by the company. It is for this reason that the company has the obligation to reply in writing. The subject regarding the data has the right to ask and receive from the person in charge of processing, without any delay and in an understandable and clear manner, the following information:

a) All personal data that concerns him.

b) The source of these information.

c) The purposes of processing.

The right of access can be exercised by the subject of the data with the assistance of a specialist. The company responds to access requests within fifteen (15) days, according to the provisions stated in the article 12 of the Law 2472/1997.

6.7 The subject of the data has the right to raise any kind of objections on the processing of data that concern him. Those objections are addressed in writing to the company via e-mail and should include the applicant’s proof of identity as well as a request for specific actions, such as correction, temporary non-use, or deletion.
The company responds in writing to the objections within a deadline of fifteen (15) days. With this reply the subject is informed on the actions taken related with his request.

6.8 In order to exercise the right of the term 6.6, the subject of the data or his legal representative, should submit to the Company via e-mail (info@designisthis.com) a request stating:

(a) His identity, presenting relevant evidence from a public authority.

(b) The specific personal data related with his request, with mention to the part of the company’s webpage where these data appear.

(c) His contact details (telephone number, e-mail address, home address).

6.9 Observance of this procedure constitutes a binding contractual term that precedes any further action before a public authority or a court and is intended to any users who by entering the webpage, accept its binding nature.

7. Information Society Service Provider

7.1 The Company is an information society service provider in that it owns the Domain Name and the webpage www.designisthis.com and complies with the terms defined by the P.D. 131/2003 ("Adaptation of the European Parliament and Council’s Directive concerning certain legal aspects of information society services, especially e-commerce in the internal market (Directive on e-commerce)" Government Gazette issue 116/A/16.5.2003). This capacity is subject to the terms of use of other information society service providers, such as social network service applications used on the website which are governed by the respective terms of use of these companies.

7.2 In terms of the content influenced by the website’s visitors using other companies’ applications (such as the "Like" application on facebook.com), the provider is not liable to general and precautionary supervision because he is not the starting point of the transmission, he does not select the recipient, he does not select or modify the information provided and he has no general obligation to monitor the services transmitted nor the general obligation to search for facts or circumstances concerning any illegal activities. The provider has established specific procedures in order to report illegal activities that could take place through the webpage (intellectual property, personal data, and offensive content) and commits to strictly comply with these procedures ensuring the website’s compliance with the legislation.
Being obliged to provide general information, according to the article 4 of the P.D. 131/2003, the provider informs that:

(a) The full trade name is "Andreas Rekopoulos – DESIGNISTHIS.COM".

(b) The geographic address at which the provider is located is: 52 Vasilisis Olgas Street, Thessaloniki, 54642, Greece.

(c) Its contact details are: info@designisthis.com

(d) The provider is a company with VAT registration number 036709623 and a registered supplier licensed to perform distance sales by the Ministry of Development.

8. Intellectual property rights

8.1 Rights on names, domain names and trademarks
The names, trademarks and domain names to which the website is posted, constitute the Company’s assets. The company reserves the right to bring any civil, administrative and criminal legal actions against any violator for the relevant conditions concerning the use of the aforementioned assets.

8.2 Rights on intellectual property
All graphic designs, programs of intellectual property, texts, icons, original photographs as well as the layout of the entire website is an asset of the Company. The company reserves the right to bring any civil, administrative and criminal legal actions against any violator of the relevant conditions concerning the use of the aforementioned assets.

8.3 Sui generis rights of intellectual property over the database
As far as the website’s database is concerned, the company is a "database creator" with sui generis rights according to the article 45A of the Law 2121/1993 as well as to the relevant EU institutional framework. In this context, all export and/or reuse of all or a substantial part of the database content, regardless of the protection of the base according to the general provisions on intellectual property, is banned.
The repetitive and systematic export and/or reuse of insubstantial parts of the database content affecting the normal operation of the company, is also banned. The company reserves the right to bring any civil, administrative and criminal legal actions against any violator for the relevant conditions concerning its sui generis right over the database.

9. Comment policy

9.1 Posting comments on the designated post fields requires approval by the website administrator. The Company however, under the relevant provisions of P.D. 131/2003, has no obligation to screen the posted content. In any case if a comment is not in accordance with the following terms, it will not be posted on the website or may be removed.

9.2 Users and commentators should respect:

a) Minors, elderly, persons with disabilities and health problems, if these characteristics are known to the commentator.

b) The Company’s reputation, by avoiding spreading untrue allegations or comments that are not based on facts.

c) The rules of lawful competition, which doesn’t allow a website to post degrading comments about other companies or even comparisons of the company’s products and services with other companies.

d) The presumption of innocence, i.e. non incrimination before the final conviction for an offence punishable by law.

e) People going through bereavement, mental shock and suffering, as well as those who obviously have a mental problem.

9.3 Freedom of speech allows acute criticism, but not the insult, the libel, the slander and the attack on the personality of another.

9.4 The commentary of posts on this website in the scope of social networking services is governed by the terms and conditions of each social networking service. However, in the case of violation of these terms, the Company reserves the right to initiate any process intended to restore its reputation and avoid the infringement of its rights or those of third parties.

9.5 If a person or an organization considers that it has been offended by a website visitor’s commentary, it/he must notify the company in written. The company will examine the complaint and will commit to immediately withdraw offensive content. Only if the offended website visitor hasn’t followed the above mentioned procedure and has not met his rights is he/it entitled to claim legal proceedings.

10. Force majeure

If, due to force majeure (i.e. adverse weather conditions, strikes, etc.), we fail to deliver you the products within the set time-limit, we will contact you through e-mail. If your order contains products we keep in stock we will give you the option to confirm whether you wish the completion of you order or not, under said circumstances. If your order contains products that are available “upon request” the delivery schedule will be prolonged in accordance with the force majeure events taking place. Designisthis.com shall not be liable for any situation arising which is not under its direct control and shall do whatever is humanly possible for your best service.

11. Limitation of Liability

We will accept no liability whatsoever for any direct, incidental, consequential or indirect damages, loss of profits, loss of goodwill, loss or corruption of data, loss of anticipated savings or any other loss resulting from your access to, reliance on, use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

12. Applicable law

12.1 For any dispute arising from the use of services or for any other reason between the user and the Company, the Greek Law is applicable and the Courts of Thessaloniki, Greece are responsible.

12.2 For any dispute arising from these terms of use between the user and the Company, the first, prior to initiating any legal action, is required to contact the company within 15 days after the occurrence of the events. Failure to meet this condition constitutes the violation of a substantial contractual term concluded between the user/subscriber and the Company.

12.3 The original text of these terms of use and regulation of operation is the one in Greek. The website also provides an official translation in English. In case of any discrepancies follow the Greek version.

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