TERMS & CONDITIONS OF USE

 

Last updated: May 2020

 

KAWACOM HELLAS COMMERCIAL COFFEE S.A.

VAT: 999379560

General Commercial Registry Number: 005590501000

6 Ethnikis Antistaseos Street

Postal Code 174 56, Alimos, Attica

Tel. : +30 210  22 41 124

Email:  eshop@kawacom.gr

 

  1. Introduction

 

We welcome you to the website of “KAWACOM HELLAS COMMERCIAL COFFEE S.A.” (hereinafter the “Company”, “we”, “us”). Before you visit or use our website  www.kawacom.gr, including our eshop (hereinafter jointly referred as the “Website”), we invite you to carefully read the present Terms & Conditions of Use, the Privacy Policy and the   Cookies Policy, as by accessing or using this Website, to include the products and services offered herein, you (hereinafter the “customer”, “user”, “visitor” or “you”) accept to be bound by the present Terms and above-mentioned Policies.

  1. Use of the Website

 

This Website and its contents are intended to comply with Greek law. Other countries may have laws which are different. Any offer for any product or service made on this Website shall be considered void where prohibited. The Company reserves the right to restrict the supply of its products or services to any person, geographical area or jurisdiction and/or to limit the quantities or any products or services offered.

  1. Restrictions on the Use of the Website

 

Users of the Website must comply with the rules and provisions of Greek, European and international law and the relevant legislation governing telecommunications. Moreover, they must refrain from any illegal and abusive behavior, as well as from the adoption of illegal practices, including unfair competition practices.

 

It is prohibited, among other, to use our Website or its contents, in order to:

  • Download (other than page caching) or modify the Website, in whole or in part;
  • Interfere with or disrupt any network or website that may be connected to our Website or gain unauthorized access to other computer systems;
  • Disrupt the use of our Website by any person;
  • Pursue any purpose that is unfair, illegal or immoral.

 

In addition, it is prohibited in connection with the Website to use:

  • Any data mining, robots or data gathering and extraction tools and technologies;
  • Framing techniques in order to enclose the marks, logos and other images, text layout and formats that constitute our corporate property and which we use on our Website;
  • Meta-tags or any other hidden text, which makes use of our name and/or trademarks.
  1. Copyrights

 

The entire contents of this Website are subject to copyright protection and belong exclusively to our Company and/or third parties. The contents of this Website may only be copied for non-commercial private use, with all copyright or other proprietary notices retained and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly permitted in the present Terms & Conditions of Use, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any part of it in any electronic medium or in hard copy, or create any derivative work based on it, without our Company’s prior express written consent. Nothing contained herein shall be construed as conferring any implication, estoppel or otherwise any licence or right under any copyright, patent, trademark or logo of the Company or any third party.

  1. Trademarks 

All trademarks displayed on our Website, product names, whether displayed in common letters or symbols or illustrations, are trademarks of the Company or third parties, unless otherwise specified. The use and/or falsification of these marks is expressly prohibited and constitutes a violation of copyright and industrial property, trademark, unfair competition law etc. We inform the users of our Website that our Company intends to actively and vigorously protect its intellectual property rights.

  1. Data Protection

 

Our Company is particularly sensitive to privacy issues. Please refer to our Privacy Policy and Cookies Policy which explain, among other, the scope of processing of your personal data collected by our Company when you visit our Website or use our services, as well as your rights as a data subject.

  1. Non-Confidential Information

 

Subject to any applicable terms and conditions set out in our Privacy Policy, any communication or other material that you choose to send to our Company through the internet or address to our Website by electronic mail or otherwise, such as questions, comments and suggestions, is and will be treated as non-confidential and we shall have no obligation of any kind regarding such communications and/or materials. Our Company is free to use any ideas, concepts, know-how or techniques contained in such communications and/or materials for any purpose whatsoever, including, indicatively, the promotion of its products and services offered online.

  1. Links to Third Party Websites

 

This Website may contain links or references to other websites maintained by third parties over which our Company has no control. Similarly, this Website may be accessed from third party links over which our Company has no control. Our Company makes no warranties, undertakings or representations of any kind as to the accuracy, currency, quality, completeness or fitness for purpose of any information contained in such websites and assumes no liability for any loss, damage or cost of any kind arising from such information or materials. Our Company encourages you to take notice of and carefully review the terms of use and other legal terms governing the websites that you choose to visit.

  1. Exclusion of Liability

 

Our Company will use reasonable efforts to include accurate and up-to-date information on its Website, but gives no warranties, undertakings or representations of any kind as to its accuracy, currency, quality, completeness or fitness for purpose. You agree that access to and use of this Website and its contents is at your own risk. Our Company disclaims all warranties, express or implied to the fullest extent permitted by law, including warranties of merchantability or fitness for a particular purpose. Moreover, our Company assumes no responsibility whatsoever, should any of its products be unavailable. Neither our Company nor any party involved in creating, producing or delivering this Website shall be liable for any damages, including without limitation any direct, indirect, incidental, consequential or other damages arising out of access to, use of or inability to use this Website, or any damage caused by even slight negligence of any employee or agent or by any errors or omissions in its contents, unless it is established that the omission is due to fraud by the Company’s own management with the intention of causing harm to a particular user. The exclusion of liability includes any damage caused by any virus that infects the electronic equipment of the user.

  1. Indemnification

 

The user agrees to indemnify, defend and hold our Company, its employees, officers, directors, agents, suppliers and third party partners harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of the present Terms & Conditions of Use. It is expressly stated that in the event of an attempt to defame the Company and its products and/or services, by any means, our Company will take all action necessary, in order to defend its interests and restore its commercial reputation

  1. Product Description

 

Our Company makes every effort to be as accurate and detailed as possible when describing the essential characteristics of the products it offers for sale through its Website. The Company reserves the right to modify the description of its products without prior notice. Any such modification will apply from the moment it appears on our  Website. If, for whatever reason, you are not fully satisfied with the listed description of a  product and  you wish to receive more information or clarifications, please Contact Us, in order to solve any questions you may have and serve you in the best possible way!

 

  1. Product Guarantees

 

The Company accompanies the products offered through its Website with the relevant manufacturers’ guarantees, where such guarantees exist. The Company offers no further warranty (in terms of time or other), except where such warranty is expressly provided. In case a product has a defect covered by a warranty, the shipment of the product for repair to our Company’s premises or to the corresponding Agency, as well as subsequent receipt of the product in question, will be carried out at the customer’s expense. It should be noted that the customer reserves his/her rights, provided for by applicable law, in particular articles 540 et seq. of the Greek Civil Code, which are not affected by any commercial guarantee provided.

 

  1. Product Availability

 

The Company informs its customers about the availability of its products, by posting next to the products the relevant availability status indication (e.g. “In Stock”, “Το Order”, “Out of Stock” etc.). In case a product becomes unavailable following submission of the order, the customer will be informed by the Company of any lack of availability in stock. In the latter case, the customer has the right, if he/she deems that the transaction has become unprofitable, to request in writing and without penalty the cancelation of the order.

 

If the order consists of multiple products and the unavailability concerns only part of the order, the remainder shall be executed by the Company, unless if the products are related, or they will be used as a whole and have a follow-up character, in which case the above paragraph providing for the customer’s right to cancel the order shall apply.

 

  1. Order

 

Please note that our Company accepts orders placed only through its Website.

 

For the submission of an order, the customer must either register online via our Website (username/email and password required), by filling-in an online registration form or  proceed to the submission of the order as  a “visitor” (without prior registration). For the submission of his/her order, the customer is transferred to the shopping cart, which lists the product(s) that he/she has chosen, the quantity, price, VAT and delivery charges. The order cannot be submitted if the customer has not previously accepted the Website’s Terms & Conditions of Use and Privacy Policy.

 

Following submission of the order and within a reasonable period of time, an automated electronic message will be delivered to the customer’s email address that the latter had provided to the Company, confirming receipt and registration of the order and listing its contents.

 

Following delivery of the initial confirmatory email and as soon as the Company confirms product availability, a new e-mail will be sent to the customer acknowledging completion of order processing and dispatch to a courier company, including tracking number, to enable the customer to trace the order and check estimated delivery time. If, upon submission of the order, the customer chose the “Pick-Up from Store” option, he/she will be informed by email once the order is ready for pick-up.

  1. Pricing

 

The listed prices of all products sold on our Website are retail prices and include VAT. The final cost of each order will be calculated after the retail price of each product is added to the packing and shipping costs or additional charges (if any), for which our customers will be informed prior to submitting their order. The price charged to the customer is the price applicable at the time the order was submitted. The Company reserves the right to modify the prices of its products, however, any such modification will not affect the orders already sent and accepted by the Company. The Company offers the possibility, when submitting your order and by completing the relevant field, to select the type of document you wish our Company to issue (retail receipt or invoice).

 

The transaction will be considered complete only after delivery of a written electronic confirmation by the Company. All orders are subject to stock availability; our Company will inform you the soonest possible of any lack of availability in stock. Please note that the Company reserves the right to cancel and not fulfill an order, without any reason; in this case, the price already collected will be refunded.

  1. Payment Methods

 

In order to facilitate and best serve our customers wishing to make online purchases through our Website, our Company offers the following payment methods:

  • Credit or debit card; our Company has taken all necessary measures to ensure security of transactions through the use of credit/debit cards;
  • PayPal;
  • Cash on delivery, at the time of receipt of the product and provided that the price does not exceed the amount of 500.00 Euro, including
  1. Product Delivery/Receipt

 

We accept orders related to delivery of products in the Greek territory. Products will be delivered to the address stated by the customer when submitting the order.

Our Company cooperates with a third-party courier, to ensure safe and fast delivery of its products.

Delivery charges will be borne by the customer, who will be informed of the exact cost at checkout, before the final order is submitted.

For purchases of products over 25.00 Euro, we offer free delivery to all destinations in Greece.

Deliveries of products that appear on our Website with the indication “In Stock” are executed:

  • Within 3 business days from the date that the Company accepted the order and sent a confirmatory email to the customer, for deliveries in Athens by courier or for pick-up from our premises (Monday through Friday, 9:00 a.m. – 5:00 p.m., excluding Saturdays, Sundays and official  holidays);
  • Within 5 business days from the date that the Company accepted the order and sent a confirmatory e-mail to the customer, for deliveries outside Athens (with the exception of areas that are difficult to access or remote, see below);
  • Exceptionally, delivery of products to areas that are difficult to access or remote (outermost areas or islands) may exceed the above period of 5 business days.

Our Company makes every effort to deliver its products to its customers within the time periods mentioned above, however, in case of delay for any reason whatsoever, the Company does not assume any liability.

If the customer chooses the “Pick-Up from Store” option upon checkout, he/she will be notified by email when the goods are ready for pick-up. The customer is obligated to pick-up the order from the physical store within ten (10) working days from receipt of the relevant notice (Ready for Pick-Up email). If the customer fails to pick-up the products of his/her order within the above time limit, the Company reserves the right to cancel the order and release the products.

In order to take delivery of an order, customers are expected to present the order reference number, accompanied by a notification for receipt, as well as a valid ID. If customers wish to authorize a third party to take delivery of the order, said individual must present a special authorization allowing him/her to take delivery of the product(s) as well as an official ID, necessary for the Company to verify his/her identity. Upon delivery of the products, the risk of product destruction, damage etc. passes to the customer; in light of the above, customers are strongly encouraged to check the products upon delivery, as their signature, obtained by the courier, shall serve as confirmation that the order was duly delivered.

  1. Risk of Product Destruction or Damage

 

Goods shipped by our Company are covered by insurance against loss or damage during transport. Such insurance ceases to apply and the risk of loss or damage passes to the customer as soon as the customer or a third party authorized by the customer takes delivery of the product(s). In the event that the customer has instructed the carrier to transport the goods, the risk passes to the customer upon delivery of the products from the Company to the carrier. When returning products, it is highly recommended to use a reliable courier service.

  1. Product Returns/Withdrawal

 

i. Withdrawal/cancellation of order without reason:

 

Within fourteen (14) calendar days from the date that the customer acquired physical possession of the product(s), he/she has the right to withdraw from the contract of sale concluded, without giving any reason. In case of multiple goods ordered by the customer in one order and delivered separately, the deadline of fourteen (14) calendar days starts from the day on which the customer acquired physical possession of the last good. In the case of contract for the supply of services, the withdrawal period shall expire after fourteen (14) calendar days from the day of conclusion of the contract.

 

In order to meet the withdrawal deadline, it suffices for the customer to send by post (To:  KAWACOM HELLAS COMMERCIAL COFFEE S.A., 6 Ethnikis Antistaseos Street, Postal Code 174 56, Alimos, Attica) or by email to eshop@kawacom.gr or via the Contact Us form within the above time limit of fourteen (14) calendar days, a clear declaration of withdrawal to the Company, informing us of his/her decision to return the product(s). To that end, the customer may use the model ιavailable on our Website or make any other unequivocal written statement about his/her decision to withdraw from the contract. In this case, the Company shall communicate to the customer by email an acknowledgment of receipt of such declaration of withdrawal.

 

The customer is obligated to return the goods  not later than fourteen (14) calendar days from the day on which he/she communicated his/her decision to withdraw from the contract. The product must be in its original state, unused, its packaging intact (closed), it must include the original content and be accompanied by the relevant legal documents (proof of purchase, etc.). The direct cost of returning the products will be borne by the customer.

 

Within fourteen (14) calendar days from the day on which the Company is informed of the customer’s decision to withdraw, the Company shall reimburse all payments made by the customer, including delivery costs (excluding any additional costs due to the customer’s choice to use a delivery method other than the standard delivery method that the Company offers). Reimbursement will be carried out with the same means of payment as the customer used for the initial transaction, unless expressly agreed otherwise between the customer and the Company. In any case, the customer will not incur any fees as a result of such reimbursement.

 

The Company, however, may withhold the reimbursement until it has received the products back or until the customer has supplied evidence of having sent back the products, whichever is the earliest.

 

The customer shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

ii.Withdrawal due to defective product, incorrect shipment:

 

At the time of delivery of the order, the customer is obliged in the presence of the carrier to check the goods delivered, in order to promptly detect any obvious, aesthetic defects (bumps, alterations, scratches, incomplete parts, etc.) or any incorrect shipment of products. It is stressed that carriers are obliged to remain during the process of unsealing the products by the customer. In case the customer takes delivery of the products unconditionally, it shall be deemed that the products were delivered in excellent condition externally and without aesthetic defects.

 

In any case, the customer must inform the Company immediately and without undue delay (preferably by email, accompanied by a photo of the defect) and, in consultation with the Company, return the product within fourteen (14) calendar days from the day that he/she took delivery of same.

 

In case of a defective product or a product that lacks the agreed properties, the customer has the right to choose among the following:

1) withdraw from the contract, unless the defect is insignificant;

2) request, without charge, the correction or replacement of the product with another, unless if such an action is impossible or requires disproportionate expenses;

3) request, without charge, the replacement of the product with another model/product of his/her choice at a corresponding price (for price differences communication with our  Company is necessary).

 

In this case, the return costs (and/or new shipment costs, in case of replacement/change) will be borne by the Company.

 

  1. Exemptions from the Right of Withdrawal

 

We inform our customers that the right of withdrawal without reason does not apply in the following cases:

 

(a) The supply of goods made to the customer’s specifications or clearly personalized;

(b) The supply of goods which may deteriorate or expire rapidly;

(c) The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

(d) The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;

(e) The supply of goods, which at the time of order by the customer appeared with availability status “To Order”.

 

  1. Out-of-court Dispute Resolution

 

Through the European Commission’s Online Dispute Resolution platform, customers who have the status of consumer (i.e. individuals not acting under a professional capacity) are offered the possibility to resolve out-of-court disputes that may arise from their transactions with our online store. Online Dispute Resolution is offered as an alternative, more economical and fast way to resolve disputes between consumers and traders arising from contracts concluded online for the purchase of goods or services. Online Dispute Resolution is provided for under Directive 2013/11/EU, which was transposed to the Greek legal order by Joint Ministerial Decision 70330/2015. Online Dispute Resolution is directly connected with approved Dispute Resolution bodies, which are competent to handle and resolve such disputes. In our country, the Independent Authority “Consumer Ombudsman” and the “Hellenic Ombudsman for Banking – Investment Services” have been certified by the European Commission as approved out-of-court dispute resolution bodies. You may address any queries regarding the operation of the Online Dispute Resolution platform to the European Consumer Center for Greece (ECC – Greece). If an out-of-court settlement is not reached, the courts of Athens will have exclusive jurisdiction, in accordance with the below provisions.

 

  1. Minors

The use of the Website by individuals under the age of eighteen (18) or individuals who do not have the necessary capacity to perform legal acts required by applicable law, is prohibited.

 

  1. Severance and Amendments to the Present Terms & Conditions of Use

 

To the extent that any provisions of these Terms & Conditions of Use are held to be illegal, invalid or unenforceable, such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions. The Company reserves the right to amend any and all Terms & Conditions of Use contained herein. Such modifications shall be effective from the moment they appear on our Website, accompanied by a clear indication of the date that they were last updated. The Company reserves the right, at all times and at its sole discretion, to amend or delete any and all materials contained in the present Website.

 

  1. Applicable Law

 

The present Terms & Conditions of Use as well as the use of the Website in general are governed by Greek law. The Courts of Athens shall have exclusive jurisdiction over any dispute arising from the use of the Website and/or the products and services offered herein.

 

  1. Communication

 

If you have any request or query, you may contact us via:

  • Post: KAWACOM HELLAS COMMERCIAL COFFEE S.A., 6 Ethnikis Antistaseos Street, Postal Code 174 56, Alimos, Attica
  • Phone: +30 210 22 41 124 (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding Saturdays, Sundays and official holidays)
  • Email: eshop@kawacom.gr
  • The Contact Us form, available on our Website.

 

We will make every effort to respond to your query the soonest possible.