Legal Notice – Terms of Use
Sales contract with Bourgia
Among
The business enterprise, is the general partnership called Giorgos Koukounaris that has as a business descriptive title the name of Bourgia, with the VAT number 044684231 of the Tax Authority of Chania, that has as its seat the town of Chania and in particular the shop on Fragokastello, PC73011 Crete, hereinafter called, Bourgia.
And Customer
From now on referred to as “the Parties”
Preamble
The Bourgia is a partnership which specializes in business relating to natural cosmetic products (sale and manufacture of natural cosmetics). The sales are conducted either online or on the premises of the enterprise at Fragokastello, PC73011 Crete. The partnership sells its products online via the Internet (website or e-mail). All of the partnership’s products are available on its website. A printed price list is not provided.
cretanproduct.gr respects the privacy of its online visitors and customers of its products and services and complies with applicable laws for the protection of your privacy, including, without limitation, the European Union General Data Protection Regulation (“GDPR”).
Cookies:
We use “Cookies”, which are text files placed on your computer, to improve the services we are offering, to improve marketing, analytics or website functionality. The use of Cookies is standard on the internet. Although most web browsers automatically accept cookies, the decision of whether to accept or not is yours. You may adjust your browser settings to prevent the reception of cookies, or to provide notification whenever a cookie is sent to you. You may refuse the use of cookies by selecting the appropriate settings on your browser.
Personal data:
We respect your privacy therefore we do not share your data to third parties or other websites. We collect your name, your address, your phone number and your email so we can send you our products. We collect your personal data when you complete the registration form.
You can send us an email or call us to change your details, to delete your data or to receive your personal data in digital form.
1. Object of the contract
These general conditions are intended to explain the conditions of distance sales between the partnership Bourgia and its customers. Under the terms of this agreement, a customer is any natural or legal person ordering from the website www.cretanproduct.gr, whether a private individual or not. If these conditions are amended depending on the client, the amendments are explicitly noted in a particular fashion.
1.1 Scope
These general conditions of sale govern the sale of goods on the website www.cretanproduct.gr on the day the order was placed. These terms are applicable to all orders placed via Internet, e-mail, phone, fax or mail. If these conditions are amended depending on the manner of the order, the amendments are explicitly noted in a particular fashion.
1.2 Jurisdiction
Any dispute occurring between customers ordering through the website of Bourgia and the partnership Bourgia fall under the exclusive jurisdiction of the First-Instance Court of Chania.
1.3 Legal Capacity
Since purchasing a product from the website of Bourgia is not common practice, in accordance with Article 127 et seq of the Greek Civil Code, any customer of our business enterprise declares that he has the legal capacity to conclude the present agreement, namely that he is an emancipated minor (art. 135 GrCivC) or an adult who has reached the prescribed statutory age, while not being under legal guardianship pursuant to Articles 1666 et seq of the Greek Civil Code.
1.4 Customer Consent
Confirmation of the order from the client amounts to an automatic and unconditional acceptance of these Terms and Conditions. These conditions apply to the exception of any other terms, except by those witnessed by a written agreement signed by the parties. Any purchase via e-mail, telephone, fax or mail implies acceptance of these terms. These conditions are available on the website. They can be sent via e-mail, fax or mail upon request.
1.5 Modification of the general terms and conditions of the sale
These conditions are modifiable at any time, the customer is therefore requested to consult them as often as possible. Each version of these terms corresponds to a specific date. Orders are therefore governed by the general terms and conditions that are available on the website and are in effect on the day order was placed.
1.6 Quality characteristics of products
Bourgia makes every effort to provide clear and accurate information on the quality and other main characteristics of the products listed on the site. All information are provided from the manufacturers of the products or the business enterprise itself if the enterprise is the manufacturer of the product at the same time. Cretan Olive Oil Spa is not responsible for any incorrect information that has been provided by the manufacturers of the products being sold. Also, Bourgia provides, wherever possible, on the listing page of the product, links to articles related to this product or reference directly to the manufacturer’s website.
The product managers of our business enterprise will make every effort in order photos on our website to correspond to the respecting products. If there is a difference in appearance, the difference will not have any major impact on the quality standards of the product.
Bourgia is available to customers for any confirmation by phone or e-mail.
All products sold by Bourgia are new unless otherwise stated on the website. The products comply with the applicable European laws and European regulations.
1.8 Prices
1.8.1 The prices are listed in Euros. VAT is included, but no shipping costs, which are listed separately.
1.8.2 Prices of the business enterprise’s suppliers are in constant renewal, the prices displayed on the website may change at any time. Also, prices vary depending on the launch price, promotions and discounts.
1.8.3 All prices are available on the website without prejudice to any typographical error.
1.8.4 Shipping Costs
Shipping costs are calculated according to the estimated weight (in accordance with the shipping enterprise’s respective regulations by weight-volume) the parcel (including the packaging, and gifts), the country of delivery and the carrier chosen.
Shipping costs include the cost of insurance ad valorem (ad
valorem).
Shipping costs may be free for some advertising campaigns. Note: Any orders containing 3 or more products may be subject to a partial shipment for an additional charge to the customer.
1.8.5 Bourgia sends parcels insured only by value (ad valorem). The cost of insurance is included in total shipping costs.
2.0 Value Added Tax (VAT)
2.1 Application
The VAT applies to sales made by the inhabitants of the European Union. The amount of tax is that which is in force and imposed at the time of the sale.
2.2 Rates
At present, customers are charged with VAT at the rate which applies in Greece (24%).
2.3 Customs
There are no customs duties within the European Union, subject to changes in current legislation. Customs duties are added to goods sold by the EU to customers in countries outside the European Union. In this case, the customer assumes responsibility for payment of the customs duties imposed. The seller is only responsible in shipping the product to the address requested by the customer.
3.0 Order
3.1 Placement
The customer can place an order with Bourgia through its website via e-mail, telephone, fax or mail. When a customer orders online, he completes by himself the information in the appropriate order form. The client is asked to read again the order form activated before ordering. Bourgia assumes no responsibility for any error in e-mail transmission nor for any error in delivering the parcel which is due to incorrect filling of the order form from the customer.
3.2 Confirmation
The customer receives the order confirmation via e-mail, provided that there is not any mistake, in the email (e-mail) address which was stated in the order form.
3.3 Cancellation
3.3.1 cancellation of orders can be made by phone, fax or e-mail. Unless otherwise stated (applies to certain products), cancellation is free of charge. The customer may cancel the order at any time, unless an invoice / receipt has already been issued. In this case, if the customer no longer desires the products ordered he is OBLIGED to accept the parcel and return it to us at his own expense, meaning that he must send the parcel back to is without having opened it by writing out on the parcel the term “parcel unacceptable.” If the client decides not to accept the parcel a sum which is equivalent to 2.5 times the value of the original shipping costs will be deducted from the total amount as compensation cost.
3.3.2 Cancellation of the order which has been prepaid by bank deposit
Pre-payment via bank deposit
If the customer decides to cancel a partially or fully pre-paid order for which the products are available, Bourgia will issue an invoice of credit balance, which corresponds to the amount the customer has already paid.
This invoice is valid for one year from the date of issue and can be used on our site for subsequent purchases. Alternatively, it can be refunded on the customer’s credit card within 7 days upon written request.
3.4 Product Availability
Our offers on products and prices are on the website and depend on the availability of stocks. For more information, please contact our enterprise by phone, e-mail or fax. The unavailability of a product is indicated on our website. When the enterprise Bourgia is unable to receive a product from its suppliers, we will inform the customer of the delay via e-mail. The customer then has the option to cancel the order or choose an alternative product that will be proposed by our business enterpise based on new information. In any case, we would not impose any charge for such cancellation.
4.0 Payment
If paying by credit / debit cards, the customer’s account is charged only upon dispatch of the order. In case of partial shipment, the customer pays only the amount of the products dispatched. Bourgia reserves the right to refuse any order.
4.1 Modes of Payment
The customer can pay in the following ways:
4.1.1 Credit / debit card (MasterCard, Visa)
4.1.2 Bank deposit
4.2 Payment Problems
Bourgia has the right to reject any order from a customer with whom there was previously a problem concerning payment.
4.3 Measures against fraud
The information provided by the customer when placing the order are subject to scrutiny which aims to combat fraud in the use of credit cards Bourgia is the recipient of the information related to customer order. The failure to send such data hinders transactions with Bourgia. The non-payment due to a false or stolen credit card will result in registering to a special file personal customer data, which are related to the order placed. Any unauthorized statement or false information is also subject to special treatment. According to the Law on Personal Data the customer has at any time the right of, access, opposition and modification of personal data, only by certifying in writing his identity to our business. Also, in this context, Cretan Olive Oil Spa has every right to request from the client all the necessary documents to process the order, proof of address, identity, etc.
4.4 Retention of Title Clause
Bourgia remains the owner of the goods shipped until full payment of the purchase price by the customer has been made. However, once the customer has received the product he is solely liable if the product is lost or damaged in any way.
5.0 Pricing
The order form completed by the customer through the website of the enterprise does not stand for an invoice / receipt. Whatever the mode of placement of the order and mode of payment, the customer receives the invoice / receipt of his order upon delivery of the product inside the package Bourgia keeps copies of each invoice / receipt.
6.0 Deadline
6.1 Processing time
Orders placed via the Internet are processed daily from Monday to Friday. The processing time varies according to the payment method selected (the customer must take into account the time required to complete a bank deposit), the availability of stocks and the existing procedures within Bourgia. Thus the processing time may be only a few minutes to several days.
6.2 Deadline for delivery
It depends on the carrier (courier) chosen by the customer. Bourgia informs the customer that delivery times are based on information provided by the carrier companies and are only at approximation. Bourgia is therefore not responsible for any delay on the part of carriage operators. Delivery times do not include Sundays and holidays and in order for the carrier to abide to them the customer must provide accurate delivery address when placing the order and be available to accept the parcel when it arrives. The corresponding delivery times are referred in the order form when placing the order.
6.3 Delivery time
If Bourgia has a product in stock, delivery time is equal to the period of processing and delivery time. If Bourgia does not have the product, to this period it should be added the time it takes to get the product in the premises of Bourgia. When the time is exceeded, Bourgia automatically informs the customer about the new deadline for delivery of the product based on the information in its possession. Bourgia also gives the customer the option to cancel and / or reimburse the order (if the payment has been made through bank deposit).
7.0 Delivery
7.1 Packaging
The products are packaged for shipment with the utmost care and respect by abiding to all relevant regulations. The procedures and techniques used are evolved in order to improve the method of packaging and above all they aim to customer satisfaction.
7.2 Confirmation
The customer receives an automatic e-mail to confirm shipment of the parcel provided that there is no error in the e-mail address stated in the order form.
7.3 Transfer
Bourgia works with several different carriers (courier). The customer is required to define the carrier of his choice when placing the order. Carrier (courier) companies do not deliver to the same regions / countries; the choice of carrier (courier) company differs depending on where the delivery of the order is to take place. Finally, the choice of carrier (courier) company varies depending on the amount and quantity of the products included in the package.
8.0 Delivery
8.1 Delivery address
The products are delivered to the customer at his address as stated in the order form. If the delivery address differs from billing address, the customer states in the order form both addresses and the parcel is delivered to the delivery address specified.
8.2 Absence of customer on the day of delivery
Where appropriate, the carrier can leave a note to the customer’s mailbox asking him to contact the nearest store to his residence, or the carrier may contact the customer to arrange an appointment. In this case, there is often a corresponding notification announcement in the website of the carrier company. Sometimes the customer is not likely to find the note. In this case, the customer is responsible for identifying the route of the parcel on the internet in order to know the status of the shipment as often as possible.
8.3 Late delivery
It is likely that the parcel does not arrive within the time limits set by the carrier companies. In any case, if the delay is long, the client can contact Bourgia in order to launch an investigation to identify the parcel, since it may have been be lost.
8.4 Loss of parcel
In this case, Bourgia is obliged to respect the deadline set by the carriers in respect of the declaration of loss and compensation. The customer must also respect the following deadlines:
– Has the available period of 10 working days from the moment he receives the e-mail confirmation of shipment of the parcel to indicate the loss to Bourgia. After this period, no claim will be accepted.
– If the customer indicates the loss of the parcel within 10 days, Bourgia shall open a file search. In this process, the company is likely to ask the customer a number of documents required for opening the file. The client should send these documents as soon as possible.
– Finally, the carrier gives the definitive answer on the search of the parcel within three weeks. The answer may be: either that the parcel was found and in this case was shipped back to the customer in accordance with standard procedure or that the parcel was lost by the courier company and in this case Bourgia informs the customer and sends back the product or reimburses the customer (for amount on the invoice) depending on customer choice.
8.5 Delivery of the parcel
The parcels are delivered following the signature of the recipient. Every product delivered must be checked and any reservations must be written down on the delivery document of the carrier company in the event of partial or total damage. If the customer does not complain when receiving the parcel, this means that the parcel was delivered in good condition and no subsequent claim or complaint will be accepted by Bourgia. If the customer wants to complain to the carrier (courier), he should submit a written request to the carrier within 3 days (excluding holidays) from the date of delivery. The request must be sent by registered letter with acknowledgment of receipt.
Finally, each parcel not requested by the customer and returned back to Bourgia, can be sent back to the customer with his own shipment costs.
8.6 Delivery Error
Upon receipt of the parcel, the customer must notify Bourgia by phone, fax, e-mail or mail of any discrepancy that exists between the product (type, quality and quantity) and information on the invoice. Any claim must be made no later than 10.00 am of the next day after the delivery of the parcel. Any complaint made after this deadline will not be accepted and Bourgia shall have no liability to the customer.
8.7 In the event of a strike and force majeure
Bourgia will make every effort to inform the customer about the status of shipment of the parcel in case of a strike by carrier companies or other events of force majeure.
8.8 Export controls and local laws
The customer should be informed by local authorities in the country of his residence as regards the importation of the products ordered, and to make any statement and / or to make any payment required by the relevant authorities. He should also be informed by local authorities on the feasibility of import or use of the products ordered. Our business enterprise bears no responsibility if the customer does not adhere to the law of the country he wants to import goods to, neither bears any liability for the imposition of additional duties or taxes by the country of residence of the customer.
9.0 Returns of Goods Sold
9.1 Procedure and general terms of repayment
The customer is entitled to return the products sold by Bourgia in their original packaging and in good and marketable condition and to request their change for another product of Bourgia or compensation for their price, other than reimbursement of expenses, within a period of not less than fourteen (14) calendar days from the delivery of the parcel or he may terminate the contract within this period, without assuming any obligation, other than a reasonable care for these goods.
9.1.1 Procedure
Upon receipt and acceptance of the parcel by Bourgia, depending on the product, stock and the customer’s wishes, our business enterprise will offer to exchange the product for a product of the same value. Otherwise Bourgia would create a credit balance, which represents the total amount of the order (product plus shipping cost if the order includes only one product or all the goods ordered have been returned). If the customer chooses compensation and after taking into account the above conditions, a refund of the value corresponding to the amount of credit will be made within 30 days of receipt of the product by Bourgia.
9.1.2 Processing of return
The sales enterprise will refund the purchase price of products returned, of course, provided that the goods have not undergone any kind of damage (e.g. scratches, alteration, bending) that reduce their commercial value. In case of such damage, the customer assigns the assessment of the damage and the estimation of its reduced market value to Bourgia, which will reimburse the purchase price minus the decrease in the market value of the product. If the item has suffered significant damage that renders the product with no commercial value, or if its components parts (e.g. changing gems) have been changed or altered, Bourgia is entitled not to refund the price paid, with all of its other rights to compensation being reserved.
NOTE: No return will be accepted if the returned items are not in a marketable condition.
9.2 Refunds for wrong order code
9.2.1 Regulations of return
The customer has a 15 days’ time-period to report to Bourgia that the product received was not correct (wrong compatibility, order code, problem size, color, features, product completely different etc) so that the customer service manager to issue a return number. The returned items must be in excellent condition and inside the original packaging, even if it was opened, and with all the package contents (accessories, straps, user manual, etc.).
For the correct processing of the application, the customer must indicate the order number and personal details.
9.2.2 Processing of return
Upon receipt and acceptance of the package from Bourgia, depending on the type, the available stock and the customer’s wishes, Bourgia will propose to the customer the return anew of the original product that was ordered or the dispatch of a product with similar characteristics. Otherwise, it will create a credit balance, which represents the total amount of the order (product plus shipping cost if the order includes only one product). Bourgia reserves the right to lessen the value of products used, damaged, or those missing components parts. If the customer chooses compensation and by taking into account the above conditions, a refund of the value equal to the amount of credit, will be made within 30 days of receipt of product from the Bourgia.
9.2.3 Return Fees
Once we receive and accept your package, we will issue a credit balance for shipping costs. If you do not know the amount of shipping costs, you must send us proof of dispatch.
10.0 Confidentiality of information and respect of privacy
10.1 When you place your order, information received by our business enterprise is protected by privacy. This information is under the control of Bourgia and are not made known to any third party.
10.2 The e-mail address is used only for anything that has to do with your order. We do not send any newsletters, special offers or mass mailing (spam).
10.3 Our aim is to offer the best quality products at the lowest possible price. To achieve this, we reserve the right to change the above policies at any time.
10.4 All information is collected lawfully and in accordance with the Law on Personal Data.
10.5 If you wish to receive offers by mail or e-mail, please send your mailing address or email address in the e-mail: info@cretanproduct.gr
10.6 Under the Law on Personal Data, we inform you that your data is used by our internal services and that you have every right to access and amend your personal data. We can afford a full list of the data collected for one person for a fee of EUR 15 before taxes and after sufficient authentication. The information will be available within 30 days from the satisfaction of the certification of the applicant.
10.7 If you wish to receive further information about the privacy policies of Bourgia, contact us at info@cretanproduct.gr
11.0 Security
11.1 The order processing websites have security clearance.
11.2 If you wish to receive further information about the security of the website of Bourgia, contact us at info@cretanproduct.gr
11.3 We take all necessary precautions to keep the details of orders and payments secure. Except for negligence on our part, we are not responsible for any losses caused by unauthorized access to information provided by you.
12.0 Liability
Bourgia is relieved of its obligations concerning the delivery of orders in cases of force majeure.
Bourgia guarantee that goods meet the description on the website and the quality as described in detail for each product under its particular code.
About Bourgia assumes no liability for misuse of the product by the customer, nor for the suitability of the product for each customer. Liability of our business enterprise for allergic reactions of customers in the use of goods sold is expressly excluded.
Any liability of Bourgia is limited to the value of products.
Sites that are directly or indirectly linked to the website of Bourgia are not under her control. Consequently, Bourgia accepts no responsibility for information published on this website. Links to third party websites are provided solely for the convenience of the customer.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.