SALES CONTRACT WITH MIL-OR
Between The company, i.e. the general partnership under the name of E. MILOPOULOU-KOUTOURAKI-E. KUDOURAKI OE with the distinctive title Mil-Or and with VAT number 084098144 of the D’ D’ DOU of Thessaloniki, having its registered office in Thessaloniki and in particular the ground floor shop at 21 Karolou Dil Street, P.O. Box 54623, hereinafter referred to herein for the sake of brevity as Mil-Or. And The customer Hereinafter referred to as ‘the parties’. Preamble Mil-Or is a company which specializes in the business of jewellery and watchmaking (sale and manufacture of jewellery and silversmithing items, including watches). The sale is made either from a distance or at the company’s commercial store located at 21 Karolou Dil Street in Thessaloniki. The company sells its products remotely via the Internet (website or e-mail). All the company’s products are available on its website. No printed price list is provided.
1.0 SUBJECT MATTER OF THE CONTRACT
These general conditions are intended to explain the conditions of distance selling between Mil-Or and its customers. According to these general conditions, a customer is considered to be any natural or legal person ordering on the website www.milor.gr, whether or not they are private individuals. In case these conditions change depending on the customer, the changes are marked in a special way. 1.1 Scope of application These general terms and conditions of sale govern the sale of products available on the website. www.milor.gr on the day of placing the order. They apply to orders placed via the Internet, e-mail, telephone, fax or mail. In the event that these conditions change depending on the way of ordering, the changes are marked in a special way. 1.2 Territoriality Any dispute that arises between customers ordering through the Mil-Or website and Mil-Or is subject exclusively to the Court of First Instance of Thessaloniki. 1.3 Legal capacity Since the purchase of a product from the Mil-Or website is not a common act, in accordance with article 127 et seq. of the Greek Civil Code, each customer of the company declares that he/she has the legal capacity to enter into this contract, i.e. that he/she is an emancipated minor (article 135 of the Civil Code) or an adult who has reached the legal age of majority and is not under legal representation in accordance with articles 1666 et seq. of the Greek Civil Code. 1.4 Consent of the client The confirmation of the order by the customer implies the automatic and unconditional acceptance of these general terms of sale. These terms apply to the exclusion of any other terms, except in the case of a written agreement signed by the parties. Purchase by e-mail, telephone, fax or mail also implies acceptance of these terms and conditions. These terms are available on the company’s website. They can be sent by e-mail, fax or mail on request. 1.5 Amendment of the general conditions of sale These terms and conditions may be amended at any time, the customer is therefore invited to consult them as often as possible. Each version of these conditions corresponds to a specific date. Orders are therefore governed by the general conditions available on the website and therefore in force on the day the order is placed. 1.6 Product quality characteristics Mil-Or makes every effort to provide clear and accurate information on the main characteristics of the products included on its website. All information comes from the manufacturers of the products or from the company itself if it is the manufacturer. Mil-Or is not responsible for any incorrect information coming from the manufacturers of the products on sale. Mil-Or also provides, where possible, links on the website of each product to articles concerning the product in question or direct links to the manufacturer’s website. Our product managers make every effort to ensure that the photographs displayed on the website correspond to the respective products. In the event of a difference in appearance, this difference will not have any effect on the main quality specifications of the product. The company is at the customers’ disposal for any confirmation by phone or e-mail. All products sold by Mil-Or are new unless otherwise stated on the website. The products comply with current European legislation and European regulations. 1.8 Prices 1.8.1 Prices are quoted in euros. VAT is included, but not the shipping costs, which are shown separately. 1.8.2 The prices of the company’s suppliers are constantly updated, the prices shown on the website may be changed at any time. They also vary depending on the launch price, promotions and discounts. 1.8.3 All prices are available on the company’s website subject to any typographical errors. 1.8.4 Shipping costs Shipping costs are calculated according to the estimated weight (according to the respective weight-volume regulations set by the shipping company) of the parcel (including packaging and gifts), the country of delivery and the shipping company selected. The shipping costs include the cost of ad valorem insurance. Shipping costs may be free of charge for certain promotional campaigns. Notes: Any order that includes 3 or more products may be subject to partial shipping at an additional charge to the customer. If the Cash-on-Delivery option is available for your country, please note that the cost of this service is included in the shipping costs. This cost cannot be disputed after shipment. 1.8.5 Mil-Or only ships insured parcels ad valorem. The cost of insurance is included in the total shipping costs.
2.0 VALUE ADDED TAX (VAT)
2.1. Application VAT applies to sales made by residents of the European Union. The rate of VAT is the rate applicable and in force at the time of sale. 2.2 Rates Currently, our customers are charged the VAT rate applicable in Greece (23%). 2.3 Customs There are no customs duties within the borders of the European Union subject to changes in current legislation. Customs duties are added to goods sold from the European Union to customers located in countries outside the European Union. In this case, the customer assumes the responsibility of paying the customs duties. The seller’s liability ceases when the goods are dispatched to the address requested by the customer.
3.1 Placement The customer can place an order with Mil-Or through the company’s website, by e-mail, telephone, fax or mail. When the customer orders via the internet, he/she fills in his/her details on the corresponding order form. The customer is asked to read the form again before placing the order. Mil-Or is not responsible for any incorrect e-mail delivery nor for any error in the delivery of parcels due to the customer’s incorrect completion of the order form. 3.2 Confirmation The customer receives confirmation of his order by e-mail provided that there is no error in the e-mail address declared on the order form. 3.3 Cancellation 3.3.1 Orders can be cancelled by telephone, fax or e-mail. Unless otherwise stated (applicable to certain products), cancellation is free of charge. The customer may cancel his order at any time, unless the invoice/purchase receipt has already been issued. In this case, and if the customer no longer wants the products he has ordered, he is obliged to accept the package and then return it to us at his own expense, i.e. he must send it to us without opening it by filling in the indication “package not accepted”. If the customer decides not to accept the package, an amount corresponding to 2.5 times the value of the original shipping costs will be deducted from the total amount to be compensated. 3.3.2 Cancellation of an order prepaid by bank deposit Prepayment by bank deposit If the customer decides to cancel a partially or fully paid order while the products are available, Mil-Or will issue a credit balance corresponding to the amount already paid by the customer. This credit balance is valid for one year from the date of issue and can be used on our website for any purchase. Alternatively, it can be reimbursed to the customer’s credit card within 7 days upon written request by the customer. 3.4 Product availability Our offers on products and prices are valid as long as they are available on the website and subject to stock availability. For more information, please contact our company by phone, e-mail or fax. The unavailability of a product is also indicated on our website. When Mil-Or is not able to receive a product from its suppliers, Mil-Or informs the customer of the expected delay by e-mail. The customer then has the possibility to cancel the order or to choose an alternative product that our company will propose based on the new information. In any case, no charge will be imposed for such order cancellation.
In the context of payment by credit/debit card, the customer’s bank account will be debited only upon dispatch of the order. In case of partial shipment, the customer is only charged the amount corresponding to the products sent. Mil-Or reserves the right to refuse any order. 4.1 Payment methods The customer can pay in the following ways: 4.1.1 Credit/debit card (MasterCard, Visa) 4.1.2 American Express 4.1.3 Credit card (American Express, American Express, Visa, MasterCard, Visa, MasterCard, Visa, MasterCard, etc.) 4.1.3 Bank deposit 4.1.4 Diners Club card 4.2 Payment problems Mil-Or has the right to refuse any order from a customer with whom there has been a payment problem in the past. 4.3 Anti-fraud measures The information provided by the customer when placing the order is subject to a control aimed at combating fraud in the use of credit cards. Mil-Or is the recipient of the information related to the customer’s order. Failure to send this information prevents transactions with the company. Non-payment due to a counterfeit or stolen credit card will result in the recording of the personal data of the customer, who placed the relevant order, in a special file. Any unlawful statement or false information will also be subject to special treatment. In accordance with the Personal Data Act, the customer has, at any time, the right to access, oppose and modify his/her personal data by certifying his/her identity in writing to our company. Also, in this context, Mil-Or has every right to request from the customer all the necessary documentation for the processing of his/her order: proof of residence, identity card, etc. 4.4 Retention of ownership Mil-Or remains the owner of the goods already shipped until the full payment of the purchase price by the customer. However, from the moment of receipt of the product, the customer is responsible in case the product is lost or suffers any damage or deterioration.
The order form filled by the customer through the company’s website does not correspond to an invoice/proof of purchase. Regardless of the way the order is placed and the method of payment, the customer receives the invoice/proof of purchase of his order when the product is delivered, inside the parcel. Mil-Or keeps a copy of each invoice/proof of purchase at its disposal.
6.1 Preparation deadline Orders placed online are recorded daily from Monday to Friday. The preparation time for each order varies depending on the payment method chosen (e.g. the customer must take into account the time it will take to complete the bank deposit), the availability of stock and the procedures in place within the company. As a consequence, the preparation time can range from only a few minutes to several days. 6.2 Transfer deadline It depends on the transport company (courier) chosen by the customer. Mil-Or informs the customer that the transport times are based on the information provided by the transport companies and are only given as an indication and approximate. Mil-Or is therefore not responsible for any delay on the part of the transport companies. The delivery times do not include Sundays and public holidays and in order to comply with them, the customer must provide the exact delivery address when placing the order and be available to collect the parcel when it arrives. The relevant deadlines are reminded to the customer on the order form when placing the order. 6.3 Deadline for receipt If Mil-Or has a product in stock, the delivery time is equal to the preparation time and the transport time. If the company does not have the product in stock, the time it will take for the product to reach the company’s warehouse should be added to this time limit. When the deadline is exceeded, the company automatically informs the customer of the new deadline for shipping the product based on the information available to it. The company also gives the customer the possibility to cancel and/or refund the order (in case the payment has already been made by bank deposit).
7.1 Packaging The products to be shipped are packed with the utmost care and comply with all relevant regulations. The processes and technique used are evolving so as to improve the packaging and are aimed above all at customer satisfaction. 7.2 Confirmation The customer receives an automatic e-mail confirming the dispatch of his parcel, provided that there is no error in the e-mail address declared on the order form. 7.3 Transport Mil-Or cooperates with various transport companies. The customer is invited to designate the transport company of his choice when placing the order. The transport companies do not all deliver in the same areas/countries, the choice of transport company therefore differs depending on the place of delivery of the order. Finally, the choice of carrier varies according to the amount and quantity of products included in the parcel.
8.1 Delivery address The products are delivered to the address filled in by the customer on the order form. In the event that the delivery address differs from the billing address, the customer fills in both addresses on the order form and the parcel is delivered to the delivery address specified. 8.2 Absence of the customer on the day of delivery Depending on the situation, the transport company may leave a transit slip in the customer’s mailbox asking the customer to contact the warehouse closest to their home, or may contact the customer to make an appointment. In this case, there is often corresponding information on the transport company’s website. Occasionally the customer is likely to miss the transit ticket. In this case, the customer is responsible for locating his parcel online so that he can be informed of the status of the shipment as often as possible. 8.3 Delivery delay It is possible that the parcel may not arrive within the deadlines set by the transport companies. In any case, if the delay is long, the customer can contact Mil-Or so that they can start an investigation to locate the parcel, since it may have been lost. 8.4 Parcel loss In this case, Mil-Or is obliged to respect the deadline set by the respective transport company in terms of loss declaration and compensation. The customer must also respect the following deadlines: – He has a period of 10 working days from the moment he receives the e-mail confirming the dispatch of his parcel to declare its loss to Mil-Or. After this deadline, no declaration will be accepted. – If the customer reports the loss of the parcel within 10 days, Mil-Or will undertake to open a search file. As part of this process, the company is likely to ask the customer for various documents required to open the envelope. The customer should send these documents as soon as possible. – Finally, the carrier will give a final reply to the search for the parcel within three weeks at the latest. The answer can be: either that the parcel has been found, in which case it is resent to the customer according to the normal procedure, or that the parcel has been lost by the transport company, in which case Mil-Or informs the customer and re-sends the product or compensates the customer (for the amount of the invoice), depending on the customer’s choice. 8.5 Receipt of the parcel Parcels are delivered after signature of the recipient. Each item delivered must be checked and any reservations recorded on the delivery note of the transport company in case of partial or total damage. If the customer does not complain upon receipt of the parcel, this means that the parcel was delivered in good condition and no subsequent request or complaint will be accepted by Mil-Or. If the customer wants to complain to the courier company, he/she should submit a written request to the courier company within 3 days (not including holidays) from the day of delivery. The request must be sent by registered mail against proof of receipt. Finally, any parcel not requested by the customer and returned to Mil-Or may be re-sent to the customer at the customer’s own shipping costs. 8.6 Delivery error Upon receipt of the parcel, the customer must inform Mil-Or by telephone, fax, e-mail or correspondence of any discrepancy between the product (type, quality, quantity) and the information indicated on the invoice. The relevant complaints must be made no later than 10.00 a.m. the day after the delivery of the parcel. Any complaint made after this deadline will not be accepted and Mil-Or will not be liable to the customer. 8.7 In case of strike and force majeure Mil-Or will make every effort to inform the customer about the status of the shipment of his parcel in case of a strike of the transport companies or other cases of force majeure. 8.8 Export control and local laws The customer should be informed by the local authorities of his country of residence regarding the importation of the products ordered, as well as submit any declaration and/or make any payment, if any, required to the relevant authorities. He should also be informed by the local authorities of the possibility of importing or using the products he has ordered. Our company shall not be liable if the customer does not comply with the regulations of the legislation of the country in which he wants to import the products, nor shall our company be liable for any additional duties or taxes imposed by the customer’s country of residence.
9.0 RETURNS OF GOODS SOLD
9.1 Procedure and general conditions for returns The customer shall be entitled to return the goods sold by the company, in their original packaging and in perfect and marketable condition, and to request an exchange with another Mil-Or product or compensation other than the return costs, within a period of not less than fourteen (14) calendar days from receipt of the goods or to terminate the contract within this period, without incurring any other obligation, except for a reasonable care of these goods. 9.1.1 Procedure Upon receipt and acceptance of the parcel by Mil-Or and depending on the product, stocks and the customer’s wish, the company will propose to exchange it for a product of equivalent value. Otherwise, a credit balance will be created, which will correspond to the total amount of the order (product + shipping costs if the order includes only one product or if all the products of the order have been returned).If the customer chooses to be compensated and taking into account the above conditions, the compensation for an amount equivalent in value to the amount of the balance will be made within 30 days from the day of receipt of the product by Mil-Or. 9.1.2 Refund processing The selling company will refund the purchase price of the returned goods, provided of course that the goods have not suffered any kind of damage (e.g. scratches, alteration, distortion) that reduce their commercial value. In the event of such damage, the customer shall entrust the assessment of the damage and the assessment of the reduction in the commercial value of the goods to the company, which shall refund the purchase price reduced by the reduction in the commercial value of the goods. In case the goods have suffered significant wear and tear that renders the goods worthless or in case the components have been altered or changed (e.g. change of gemstones), the company may not refund the price paid, reserving its other rights to compensation. ATTENTION: No return will be accepted if the product to be returned is not in saleable condition. 9.2 Returns for incorrect order code 9.2.1 Refund regulations The customer has 15 days to report to Mil-Or that the product received was not the right one (wrong compatibility, wrong code, problem of size, colour, features, product completely different, etc.) so that the customer service department of the company can issue the return number. The product to be returned must be in perfect condition and in its original packaging, even if it has been opened, and must be accompanied by all the contents of the packaging (accessories, straps, instructions for use, etc.). For the correct processing of the request, the customer must indicate his/her order number and personal details. 9.2.2 Return processing Upon receipt and acceptance of the parcel by Mil-Or’s services and depending on the type, available stocks and the customer’s wish, our company will propose to the customer to resend the original product ordered or to send a product with similar characteristics. Otherwise, a credit balance will be created, corresponding to the total amount of the order (product + shipping costs if the order includes only one product). Mil-Or reserves the right to apply deductions to the value of products used, damaged or worn or products missing components. If the customer chooses to be compensated and taking into account the above conditions, compensation for an amount equivalent to the balance will be made within 30 days from the day of receipt of the product by Mil-Or. 9.2.3 Return expenses Once we have received and accepted your package, we will proceed to issue a credit balance for the shipping costs. If we do not know the amount of the shipping costs, you will need to send us the shipping receipt.
10.0 CONFIDENTIALITY OF INFORMATION AND RESPECT FOR PRIVACY
10.1 When you place your order, the information received by our company is protected by privacy. This information is under the control of Mil-Or and is not disclosed to any third party. 10.2 Your email address is only used for what is relevant to your order. We do not send newsletters, special offers or group mail (spam). 10.3 Our aim is to offer the best quality goods at the lowest possible price. To achieve this, we reserve the right to make changes to the above policies at any time. 10.4 All information is collected lawfully and in accordance with the Personal Data Act. 10.5 If you wish to receive our offers by post or e-mail, you can send your postal address or e-mail address to email@example.com 10.6 In accordance with the Personal Data Act, 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 may make available the full list of data collected about a person for a fee of EUR 15 excluding tax and upon adequate identification. The information will be made available within 30 days of the satisfaction of the applicant’s authentication. 10.7 If you wish to obtain further information about Mil-Or’s privacy policies, please contact us at firstname.lastname@example.org
11.1 Order processing websites have a security certificate. 11.2 If you wish to obtain further information about the security of Mil-Or’s website, please contact us at email@example.com 11.3 We take all necessary precautions to keep order and payment details secure. Except for negligence on our part, we will not be liable for any losses due to unauthorized access to information provided by you.
Mil-Or is relieved of its obligations regarding the delivery of orders in cases of force majeure. Mil-Or guarantees the conformity of the goods to their description on its website and their quality as described in detail for each product under its specific code. Mil-Or does not bear any responsibility for the incorrect use of the product by the customer, nor for the suitability of the product for each specific customer. Explicitly excluded is the liability of the company for allergic reactions of customers during the use of the sold goods Mil-Or’s liability is limited to the value of the products. The websites that are directly or indirectly linked to the Mil-Or website are not under the control of the company. Consequently, the company accepts no responsibility for the information published on these websites. Links to third party websites are provided for the customer’s convenience only.