TERMS AND CONDITIONS
Welcome to https://symbeeosis.com!
By accessing the website https://symbeeosis.com (hereinafter referred to as the “Website” or the “e-shop“) you enter the online store of the company under the name “Symbeeosis EY ZHN S.A.” with its registered seat in Peania, Thesi Spilia,19002, telephone number +30 21 0664 1539, e-mail address firstname.lastname@example.org, hereinafter referred to as the “Company”.
All information available at the Website is intended exclusively for informational use. Any notifications and the Products, production recipes and any other information are not intended for the diagnosis, treatment, cure or prevention of any condition or illness, for which in any case you must consult your doctor, and they do not constitute a food substitute. If you have any questions regarding the nature or suggested use of our products, you can contact us at email@example.com.
1. OUR PRODUCTS
Through our e-shop you may purchase, at a distance, our products and, more specifically bio-functional products including, indicatively: mountain tea, herbs, products with honey (hereinafter referred to as the “Products”).
The Products are sold exclusively to consumers (B2C), i.e. only natural persons that act outside the course of their trade, business, craft or profession (hereinafter referred to as the “Users” or “Client(s)” or “Customer(s)” or “you”).
The Company that is also the producer of the Products, has obtained all necessary licenses and certifications from the competent authorities for the production, sale and in any manner distribution of the Products, which bear all necessary indications and information on their packaging, pursuant to applicable laws.
In the event an item is not available, it shall appear as “out of stock” at the Product section and you will not be able to add it to your cart. Very rarely it may occur that the Product appears in stock, upon placing your order and as out of stock at the point when your order is processed and/or submitted. We use our best endeavours to ensure that the Products displayed at the Product page are in stock, however in case any of the Products, although available when placing the order, is out of stock at the processing or completion of your order, we will notify you via email, your order will not be completed and you will not be charged with any amounts. In the event your order has already been submitted, we will cancel it and we will proceed to any necessary actions to refund any amount paid. We shall not be liable for any delays in the refund of any amounts, which are due to the credit institution. For any queries regarding the items that are out of stock, you may contact our Company via email at firstname.lastname@example.org
You may read more about the process to submit your order in article 3 below.
2. CREATE AN ACCOUNT
To create a Customer Account, you must click on the “Create an Account” field and fill-in the information required as mandatory for opening an account, as well as create a password, which will be required when you login to your account. Alternatively, you may create an account through your social media profile (e.g. Facebook, Google).
It is not mandatory to create a Customer Account to make a purchase at the e-shop, as it is possible to buy as a guest (guest check-out).
Our Company is required, under consumer protection law, to send you updates regarding the conclusion and execution of the distance sales contract (pre-contractual or after the contract). The Company shall bear no liability if it is not able to fulfil its contractual or statutory obligations, in a timely and proper manner, due to inaccurate or false or non-updated information provided to us by the Customer. You are fully responsible for any damage caused to the Company due to the submission (by you) of inaccurate or false or non-updated information.
Protecting your password: You must create a secret login password, which you will set according to the security rules for password creation, as applicable each time. With this password, you will be able to access your account at any time. This password identifies you and you must keep it secret and safe at all times. You bear full and exclusive responsibility for protecting the secret password you have created and which you use to access your account. You are strongly advised to refrain from disclosing the password to third parties, in order to prevent any unauthorized access and use.
You bear full and exclusive responsibility for any action (act or omission) taken through your account. The Company shall bear no liability for damages resulting from the use of the Account due to unauthorized access or use.
3. PROCESS FOR PLACING AND COMPLETING AN ORDER
When entering our e-shop, you can select the Product you are interested in by checking at the corresponding Product category or at the SHOP. By clicking on a specific Product, you can view detailed information about the Product, photos, characteristics, designation and production recipes (subject to the provisions in the introduction of these Terms and Conditions and article 9 below – it is specified that any recipes are not medical recipes, they have not been provided by a doctor, nutritionist or other scientific expert and they are not intended for the diagnosis, treatment, cure or prevention of any condition or illness, for which in any case you must consult your doctor – the Company shall bear no liability for any damage caused due to the production and consumption of such recipes).
Add to cart: You can add the Products you choose to your cart by clicking on the “Add to cart” button. You can see the content and details of your cart (i.e. Products you have chosen to purchase in previous stages) at any time and you be informed of their (provisional) cost and shipping costs. At the same time, you may modify the content of the cart by deleting part or all the content or by changing the quantities you have selected.
Completion of the Product selection to submit an order: You then proceed to the next stage required to complete your order submission. At this point you are requested to (a) either create a Customer account (b) or sign-in if you already have an account (c) or complete the purchase as a guest (guest check-out). After you submit the necessary information, you will be provided with additional information regarding the Product shipping methods and estimated shipping costs (you can find more information here).
Conclusion of the purchase contract:
The purchase contract is concluded as follows:
i) If we confirm availability of the Product and the price: you will receive an automatic e-mail confirming the submission of the order, subject to the verification of the availability and price, which is sent to the e-mail address you have provided to us. Your purchase will be completed (conclusion of purchase agreement) at the moment the Company sends you an e-mail by which it informs you that the Product has been given for delivery to the courier company, together with the necessary information for you to track the delivery (indicatively tracking number and estimated delivery date).
ii) In case the Product is not available or there is an error at the price: we use our best endeavours to ensure that the Products displayed at the e-shop are available for purchase. However, in the event a Product, although displayed as available at the e-shop at the moment when you submit your order, is out of stock you when we process your order or upon its completion, we will notify you via e-mail, in which case your order will not be completed and you will not be charged with any amounts. If your order has been already completed, we will cancel it and proceed to any necessary actions to refund any amounts paid. Our Company shall not be liable for any delay in the refund of any amounts, due to the credit institutions. If you so wish, you may ask us to send you an e-mail when the Product is back in stock.
In case any problem occurs with your order, we will inform you accordingly by email or by phone, at the phone number you have provided to us upon submitting the order.
4. INFORMATION ABOUT PRODUCT PRICES
The prices of the Products listed on the e-shop refer exclusively to the Products purchased through the Company’s e-shop.
The Product prices are in euro and include value added tax (VAT), where and as applicable, and they do not include the additional shipping charges, which are added prior to the completion of the order, according to the delivery location as well as the value of the order (see Shipping Terms). The Company reserves the right to change, at any time, its commercial policy regarding the delivery costs and payment methods, in which case you will be informed prior to the conclusion of any purchase contract.
5. PAYMENT TERMS
For the purchase of the Products through the e-shop, the Customer may choose any of the following payment methods, subject to the country of delivery:
In any case, the Company reserves the right to change its payment methods and to add or modify the procedures without prior notice, and the Company will inform you of the available payment methods, as applicable each time, by uploading them to the e-shop and at the latest upon check-out, prior to the submission of your order.
In case of payment by credit/debit card or by making use of the third-party payment services providers, the payment process shall be effected and concluded through the third-party provider that declares it has adopted and applies all the security guarantees for electronic payments. Each third-party payment processor is the sole responsible for the processing of information for the completion of the payment. For any problem which might occur upon payment with credit/debit card or by any other means of electronic payment, the payment services provider shall bear full and exclusive responsibility. The Company does not store or process the Customers’ card details. The Company reserves the right to reject the Customer’s order or to withdraw from the contract, if it becomes aware or if there is a likelihood of any problem in relation to the credit/debit card details or the use of electronic payment services. The Customer is fully and exclusively responsible for the correct submission, to the payment system, of all information necessary for the payment. The above shall also apply when the payment is made through other providers or electronic payment services offered by banking institutions, in which case the Customer shall be subject to the terms and conditions applicable to such providers and the respective services.
It is hereby designated that any costs arising from the bank transfers shall be borne by the Customer and the amount due for the Products must be paid to the Company in full.
6. PRODUCT DELIVERY
The delivery of the Products which the Customer purchases through the e-shop shall be subject to the specific Shipping Terms (available here), which form an inseparable part of these Terms and Conditions and which (Shipping Terms) the Customer declares, through the acceptance of the Terms and Conditions, to have read and accepted.
7. RIGHT OF WITHDRAWAL – CONDITIONS AND EFFECTS OF WITHDRAWAL
Right of withdrawal: You are entitled by law to withdraw from this contract if you are a consumer, i.e. a natural person acting for reasons which do not fall under your trade, business, craft or freelancing professional activity, without giving any justification, subject to the terms below, by declaring it to the Company within fourteen (14) calendar days from the day on which:
– you acquired physical possession of the Products or,
– in case of a contract pertaining to more than one Products ordered together but delivered separately: from the moment when you acquired physical possession of the last Product.
Please note that withdrawal does not apply to legal entities.
Procedure to exercise your right of withdrawal: if you wish to exercise the right of withdrawal, you shall inform the Company of your decision to withdraw from the contract, by any reasonable means, within fourteen (14) calendar days from obtaining physical possession of the Products. For this purpose, you may either (a) use the model withdrawal form available here, or (b) make any other unequivocal statement setting out your decision to withdraw from the contract.
You must notify the Company of your decision to withdraw, as per the above (under either (a) or (b) above), within the designated fourteen (14) day period, in one of the following ways:
– certified post or courier at “Symbeeosis EY ZHN S.A.” in Peania, Thesi Spilia, PC19002, to the attention of Customer Care or
– by email at email@example.com
Upon the submission of your statement of withdrawal pursuant to the above, the Company will send you a confirmation of receipt of your withdrawal via e-mail, to the e-mail address you have submitted upon placing your order or via telephone, at the telephone number you have submitted upon placing your order. However, under applicable law, you shall bear the burden of proof of exercising the right of withdrawal and you must return the Products as set out below.
It is hereby designated that (pursuant to art. 3 (i)(b) of the Law 2251/1994), Products which are liable to deteriorate or expire rapidly, as well as sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery are exempted from the right of withdrawal and the Customer cannot return them.
Customer obligations for the return of the Products after exercising the right of withdrawal:
The Customer can return the Product in one of the following ways:
without undue delay and in any event no later than fourteen (14) calendar days from the day on which the Customer has communicated his/her decision to withdraw from the contract to the Company in accordance with the above.
The deadline shall be met if the Customer sends back the Products before the period of fourteen (14) calendar days has expired. The Company shall not accept the delivery of the Products, pursuant to the exercise of the right of withdrawal, if the Products are delivered to a point other than the one designated by the Company above.
For the Company to accept a Product further to the exercise of the right of withdrawal, the Product must be in the state received, unsealed, unused, in its full original packaging which must be intact (apart from any regular wear and tear due to the delivery) and bear all the documents accompanying the Product, including original or copy of the receipt.
In any case The Customer shall bear the direct costs for returning the Products to the Company.
Pursuant to applicable legislation, the Customer shall bear full responsibility for any decrease of the value of the Products as a result to any handling of the Products (indicatively wear & tear and hits on the paper or metal Product packaging) which was not necessary to ascertain the nature, characteristics and functionality of the Products, demonstrating the same diligence with which the Client would examine the Product at the physical store.
Effects of the right of withdrawal: If the Customer withdraws lawfully from this contract, pursuant to the above conditions, the Company shall reimburse all payments received from the Customer, including, if applicable, the costs of delivery, without undue delay and in any event no later than fourteen (14) calendar days from the day on which the Company is lawfully informed of the Customer’s decision to withdraw from the contract. The Company shall not be required to reimburse the supplementary costs, if the Customer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Company.
The payments shall be reimbursed by the Company, in the above cases, in one of the following ways:
Cash on Delivery – only for the Products delivered in Greece. Payments are made in cash upon the delivery of the Products to the designated address (the lawful limit for payments in cash is prescribed in applicable legislation and any additional costs for the Cash on Delivery method are designated by the courier company).
Credit or debit card
The Company shall bear no responsibility if it deposits the amount to the stipulated bank account (the accuracy and correctness of which is the Customer’s sole responsibility) and shall not be liable for any Customer’s error.
The Company and the Customer may agree on a different manner of reimbursement, provided that the Customer does not incur any fees as a result of such reimbursement. Pursuant to applicable laws, the Company 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.
In case the order includes more Products and only part of them is returned or only part of them meets the requirements for the lawful withdrawal, the Company shall contact the Customer to set the manner in which it will reimburse the amounts corresponding to the Products returned properly. The Customer shall be liable for any damages caused to the Company due to the Customer’s acts or omissions upon exercising the right of withdrawal.
8. RETURNS POLICY
The Company uses its best endeavours to deliver to you the Product you have ordered, with the agreed properties and without any defects, in accordance with Article 534 of the Greek Civil Code. However, in the rare case that you receive a defected Product or if any other problem arises, you should immediately contact the Company by email at firstname.lastname@example.org.
In case of a defected Product and following communication with the Company, the Customer shall return the Product to the Company, at the Company’s cost, within five (5) days from the Product’s Customer’s communication with the Company, to the address and with the delivery method designated by the Company. The Company shall examine the Product and if there is a defect then the Company shall either (a) refund the amount paid to the Customer in one of the ways provided in article 7 above or (b) replace the defected Product at the Company’s cost.
9. LIMITATION OF COMPANY’S LIABILITY
The Company is liable for the execution of the sale as provisioned in the Greek Civil Code and specified in this contract, as well as applicable legislation on distance sales and consumer protection. The Company bears no responsibility for any direct, indirect, special, incidental, consequential damages incurred by the Customer or for loss of profit or damage to the reputation, clientele or esteem of the Customer, or the cost of providing substitute products and services arising from or related to the purchase or sale contracts concluded in this e-shop or from the use, or inability to use or operate, or failures of this Website. The Company does not guarantee that the pages, services, options, content, prices, descriptions and availability of the Products will be provided without interruption and without errors. This Website, as well as any available content is provided “as is”. To the extent permissible according to applicable law, the Company denies any guarantee (explicit or implied) regarding the content’s adequacy, correctness, accuracy, merchantability, non-violation or fitness for use. You explicitly acknowledge and accept that you assume full responsibility for the use of this Website and that you are fully liable for any cost regarding the repair or modification of the any equipment used to access and make use of this Website.
The Company exercises due care to ensure that the photos of the Products displayed on the e-shop constitute an accurate representation of the Products and their state. In any case, however, you agree that the Products displayed in the photos may deviate from the actual status, format, size, colour, and overall image of the Products sold at the e-shop. The Company shall not be liable for any deviation of the Product’s photographic representation from its true image.
All Products and any services available at the e-shop shall be subject exclusively to any applicable explicit guarantees. To the extent permissible by applicable law, we deny any other guarantees of any nature, explicit or implied, including indicatively but not exclusively, implied guarantees of merchantability or fitness for specific purpose regarding the Products displayed at the e-shop (including any information, production recipes etc.). We explicitly deny any liability regarding the Products’ defectiveness or failure, the non-compliance with any code or misapplication.
To the extent permissible by applicable law, any compensation for any claim arising from or related to any Product or service offered and or purchased at the Website and the e-shop shall be limited to the amount paid for that Product or service. In no manner shall we or any of our associates, or employees, directors, shareholders, agents, representatives, or any other party involved in the creation, production, transmission, distribution of this Website and the Products available therein, be liable for any additional, consequential, secondary, indirect, special damages arising from or related to this Website or the content, the Products or services available therein, either due to breach of contract by negligence, fault or other. In any case, our liability for any of the above damages shall be limited to the amount paid by the Customer for the Product giving rise to the said claim.
10. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights on the software as well as the content of the Website belong either to the Company or to the legitimate beneficiaries and are protected by applicable intellectual property law. The Client holds no license or consent to use, in any way, the trademarks appearing on the e-shop or the trademarks owned by the Company or third parties. In addition, all trade names appearing on the e-shop are subject to appropriate legal protection.
The appearance and display of the content of e-shop shall not be construed as a transfer and / or granting of a license and / or the right to use it. You can save, print and display the available content for personal use only. It is prohibited to publish, manage, sell, distribute, fully or partially copy, transfer, process, store, republish, modify or reproduce otherwise, make copies in any form or other exploitation of the e-shop or any part of the content or copies of the content that appears on the e-shop for any commercial purpose, without the written consent of the Company. You are also not allowed to modify, translate, decompile, reconstruct or create derivative works by using any software or accompanying documentation offered by the Company or its licensors.
11. APPLICABLE LAW AND JURISDICTION
These terms are governed by and are construed in accordance with the laws of Greece. By accepting these Terms and Conditions you agree to be subject to the exclusive jurisdiction of the competent Courts of Athens-Greece.
Our e-shop complies with the applicable Consumer Code of Conduct on E-Commerce, published by the Greek e-Commerce Association (GRECA) in collaboration with ELTRUN and eCommerce Europe, the pan-european institution on e-commerce.
According to the Directive 2013/11/EC, which was incorporated in Greece under Joint Ministerial Decision 70330/2015, the possibility of electronic dispute resolution of consumer disputes with the Alternative Dispute Resolution (ADR) is now provided throughout the European Union. If the Customer a consumer and has any problem with a purchase he/she has made on our Website, he/she can initiate the ADR process through a single EU-wide online dispute resolution platform (ODR) available at:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show which enables consumers and suppliers to submit any disputes arising from online purchases in an online dispute resolution process. The Certified Body for the Alternative Dispute Resolution (ADR) is the European Consumer Center of Greece (ECC GREECE) – Consumer Ombudsman, Alexandras Avenue no. 144, 11 471, Athens, +30 2106460284, +30 2106460784, email@example.com, http://www.synigoroskatanaloti.gr/.
In order for the consumer to address the Alternative Dispute Resolution it is a necessary prerequisite to have previously communicated his/her problem to us at firstname.lastname@example.org in order to find a solution. The ADR procedure is, according to the applicable law, non-binding for the parties that may withdraw from it at any time. The consumer can contact this ADR body to guide him / her throughout the process of filing and processing his / her complaint. For more information on the Alternative Dispute Resolution, please visit http://www.efpolis.gr/el/epanorthosi-askisi-dikaiomaton/79-exodikastiki-epilisi.html
12. OTHER TERMS
We reserve the right:
a) to amend at any time, all or part of these Terms and Conditions. Such changes will be valid upon their uploading to our Website and you will be informed of the applicable terms upon completion of your purchase each time and / or (at the Company’s discretion) with the relevant pop-up message when entering the e-shop (when required). In any case, you are advised to visit the Terms and Conditions regularly, to ensure that you are aware of any amendments thereto.
b) renew or upgrade or restrict part or all our e-shop content and products
c) renew or upgrade part or all the external interface, structure or configuration of the e-shop as well as its technical specifications as well as
d) restrict access to part or all the e-shop.
e) The Company also reserves the right at any time, unjustifiably and without prior notice to the guest of the Website to cancel, suspend permanently or temporarily or terminate its operation.
f) It is underlined that the Company reserves the right to modify the products offered for sale, to suspend permanently or temporarily the sale of (some or all) its Products, without the Client’s prior notification.
g) amend the e-shop’s operation and charges, as well as
h) to post offers for a specific time period and / or until stocks run out, to make regular or special discounts, to conduct contests, and so on.
In the event any of the terms herein is found to be abusive or invalid, it shall not invalidate any other terms of these Terms and Conditions, which remain valid and binding for the parties. If any part of these Terms and Conditions is found invalid, void or unenforceable, the enforceability of any other part of the Terms and Conditions shall not be affected – all other conditions will remain fully in force.
Any delay in the exercise of part or all of the rights by the parties under these terms does not entail weakening or waiver of the right in question, which may be exercised at any time at a later stage and according to the reasonable judgment of the rightsholder.
The headings in these terms and conditions are only given for reference purposes and will not affect their meaning or interpretation.
Last amended: 1/5/2021
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