Terms of Use - Transaction Security - Personal
Data
The owner and operator of this website is the
company “ACCESS CLOTHING INDUSTRIAL AND
COMMERCIAL SOCIETE ANONYME”, trading under the registered trade mark ACCESS FASHION, as legally represented.
The company’s registered office is located at: 6km Charilaou - Thermi Road,
Drosia, Thermi, P.C. 57001, Thessaloniki.
1. Introduction
For any questions, queries or clarifications regarding the terms
and conditions of this contract, or for comments and complaints about our
website, please contact us at the above address or by phone at 2310 437510.
Before making use of this website and of the services we provide
through this, users/visitors are called to carefully read and comply with the
following terms and conditions (hereinafter the “Terms”) governing the use of
our online store and of the web pages it contains, which are binding for all
visitors and users. If they choose to register as members thereof,
users/visitors of the website are deemed to automatically accept these Terms.
The use of our online store and of the services we offer implies the acceptance
of these Terms by users/visitors. If any user/visitor disagrees with these
Terms, they are requested to refrain from using this website
ACCESS FASHION has the right, at any time and
without notice, to revise, amend or abolish these Terms unilaterally, at its
discretion, while simultaneously updating the present text with any change or
addition of course. It also reserves the right to establish more specific terms
of use, which are considered as a whole with these general Terms of use;
however, in case of conflict between them, the specific terms of use shall
prevail. If any provision in these Terms is invalid, this shall not prejudice
the applicability of all the other provisions. ACCESS FASHION’s failure to
exercise its rights arising from these Terms shall not be construed as a waiver
of these rights, nor shall entail the tacit abolishment of the Term. ACCESS
FASHION shall not be responsible for violations of these Terms due to force
majeure, including but not limited to earthquakes, fires, floods, extreme
weather, strikes etc.
Users/visitors use this website at their own exclusive
responsibility, while the contents thereof may in no case be regarded as providing
advice or direct or indirect incitement to users/visitors to take any action.
2. General
This website should be used exclusively for
lawful purposes and in a way that does not impede its use by third parties.
Visitors/users are obliged to use it according to the law, moral principles and
these Terms and to refrain from any acts or omissions that may cause damage or
malfunction of the website, or affect or jeopardise the provision of services
by ACCESS FASHION through it.
ACCESS FASHION makes efforts to maintain and
ensure the availability of the website and its content. Regardless of these
efforts, the availability of this website depends on various factors, such as
the equipment of users, the number of users trying simultaneously to connect to
this website or to the internet etc. ACCESS FASHION is also entitled to service
the website, even if this results in the interruption of its operation.
Furthermore, ACCESS FASHION is entitled at any
time and without notice to change the nature and content of this website and to
suspend or to temporarily or permanently discontinue its operation. The operation
of this website may also be interrupted, suspended, or impeded for reasons
beyond the control or the intent of ACCESS FASHION.
ACCESS FASHION makes every effort to ensure
the accuracy, completeness, validity and clarity of the information and of the
overall content of this website. However, ACCESS FASHION does not guarantee,
nor shall be liable to users/visitors for the security and content of the
website. Users/visitors to this website accept that it is impossible for ACCESS
FASHION to check all its content and the services offered through it.
Furthermore, ACCESS FASHION does not guarantee that the use by users/visitors
of the website, of information, data or materials contained therein do not
violate the rights of third parties.
3. Limitation of liability
Users/visitors who do not trust the website
are requested to refrain from visiting it or from using this website or the
services offered through it. Furthermore, users/visitors are advised to use
software for protection from viruses, Trojan horses, time bombs, or other
harmful software and data.
ACCESS FASHION is not responsible for damages
resulting from the use of ordered products due to wrong product choices by the
user, careless or improper use of the products or to a fault of the
manufacturer, such as manufacturing faults, incomplete information or
instructions accompanying the products, manufacturing quality, safety of
materials and actual defects. Our liability in the case of defective products
is limited to the requirement for their replacement, provided that the product
return conditions apply.
ACCESS FASHION is not responsible for
shortages in product availability due to force majeure, weather, fires, strikes
of suppliers, illegal conduct of third parties and, in general, for reasons not
attributable to its fault.
ACCESS FASHION is not responsible for any
temporary or permanent inability to provide its services and for delays in the
acceptance and execution of orders and the delivery of ordered products for
reasons not attributable to its fault, such as, indicatively, force majeure,
extreme weather, natural disasters, emergencies, strikes, fires, problems of
collaborating courier companies, accidental deterioration or destruction of the
products before delivery to the user and after they have been sent for
shipment, unlawful interventions of the contracting party or any third party,
problems of the Online Payment Processing provider (Bank), the Host Provider,
the Internet Service Provider or the Access Provider, of the user’s terminal
equipment, incorrect provision of information by the user and, in general, any
incident that prevents the smooth fulfilment of its contractual obligations.
The Company’s liability is limited to the obligations it has assumed under the
contract with the consumer and it shall make every possible effort to meet
these within a reasonable period of time.
ACCESS FASHION is not responsible for the poor
condition of the delivered products, if this is not due to improper storage of
the products by itself and if it has taken all precautionary measures it should
have taken.
This online store provides its content (e.g.
information, names, photographs, etc.), the products and services provided
through this “as are”, with no expressed or implied guarantee in any way.
Furthermore, ACCESS FASHION does not guarantee that the content of this website
and the quality of the services provided through this will meet the needs,
requirements and expectations of its users/visitors. Any direct, subsequent,
incidental, indirect or consequential damages resulting from the access to this
website or from the use thereof shall create no liability for ACCESS FASHION,
its managers, employees or partners.
Under no circumstances shall ACCESS FASHION be
liable for any legal (civil or criminal) claims, or for any damage (direct,
special or consequential, which, without limitation, alternatively and/or
cumulatively, regarding a loss of profits, data, lost earnings, compensation
etc.) by users/visitors of this website or third parties, for reasons relating
to the operation or otherwise or use of this website and/or the company's
inability to provide the services and/or information made available through
this website and/or any unauthorised third-party interventions in the products
and/or services and/or information available through it. Moreover, ACCESS
FASHION shall bear no liability for any injury or damage, or contamination by
viruses and/or other malicious programs to a computer or other electronic means
used by the user/visitor to access this website, nor shall it be liable for any
damage in connection with a failure in performance, error, omission,
interruption, defect, delay in operation or transmission or system line drop,
etc.
This website, in order to facilitate and serve
the users/visitors, may provide, without limitation, connection through
“hyperlinks” or advertising banners, with third party websites and web pages,
whose content, privacy policies, security policy, completeness, quality of
service and terms of use ACCESS FASHION cannot guarantee nor be responsible
for. Connection to these web sites and pages is the sole responsibility of each
user/visitor. The above third parties, providing these web sites and pages,
have full (civil and criminal) responsibility for the security, legality and
validity of the content of their web sites and pages, excluding any liability
of ACCESS FASHION, such as, without limitation, liability for any copyrights or
for third party rights. Consequently, users/visitors shall communicate directly
with said third party providers, for any incident following a visit or use of
their web sites and pages. Although users/visitors of this website accept that ACCESS
FASHION is neither obliged, nor capable to control the safety and content of
websites, web pages and services of third parties, to which it may provide
access, it is however entitled to remove, modify or discontinue at any time any
third party service or any connection with third party web sites and pages, if
it deems that the law or these Terms are threatened or violated.
4. User/visitor behaviour
and obligations
Users/visitors are required to adhere to all relevant Greek,
European and international laws and regulations, including but not limited to
laws relating to the protection of intellectual property, privacy, the
protection of competition, etc. Moreover, users/visitors are required to use
this website and the services provided through it in a manner consistent with
moral principles and these Terms.
Users/visitors agree that they will not use this website to send
e-mails, or otherwise transmit, content that is unlawful, harmful, threatening,
abusive, harassing, slanderous, defamatory, vulgar, obscene, libellous, that
violates the privacy of another, shows animosity, or expresses racial, ethnic or
other discriminations, that may cause harm to minors in any way, that may not
be transmitted according to the law or contractual or administrative relations
(such as insider information, proprietary and confidential information learned
or disclosed as part of employment relationships or covered by confidentiality
agreements), that infringes any copyright or other proprietary rights of
others, contains software viruses or any other computer code, files or programs
designed to interrupt, damage, destruct the operation of any computer software
or hardware.
All users/visitors of this website are also
obliged to refrain from acts or omissions that may damage or disrupt the
operation and third party access to the website, or that may jeopardize the
provision of services offered by ACCESS FASHION through it. The use of the
website in an unlawful manner or a manner opposed to these Terms shall give
rise to compensation of ACCESS FASHION for any damage or loss suffered by that
behaviour. The users/visitors shall not provide false information regarding
them, shall not impersonate any other person, shall not send unwanted or group
messages or multiple message copies and shall not collect information about
other users/visitors of the website without their consent, including financial
data and e-mail addresses.
To the extent possible, the use of this website within the wider
internet shall be performed under the terms dictated by the Netiquette, while
practices contrary to the Netiquette are expressly prohibited.
Failure to comply by a user/visitor of the
website with applicable law and/or these Terms shall entitle ACCESS FASHION to
take necessary measures and to take all necessary actions to address this
behaviour. Thus, in such cases, ACCESS FASHION shall be entitled, for instance,
to restrict access to services provided via this website or to delete, process
or move messages, always according to the principle of proportionality.
Any costs or damages that may be required to
be paid by ACCESS FASHION due to the infringement by a user/visitor of its
obligations under the Terms shall be borne by the said user/visitor, who is
required to repay them to ACCESS FASHION directly, without the latter needing
to have recourse to the courts.
5. Intellectual Property
Rights
This website and its content, including
images, graphics, photographs, texts, information materials, services and
products, trademarks, names, distinctive features, any form of data, software,
unless otherwise stated for certain third party rights, are the intellectual
and industrial property of ACCESS FASHION and are protected in accordance with
the relevant provisions of Greek and European law and international
conventions. Furthermore, anything that is moved, broadcast or sent through
this website is owned by ACCESS FASHION, when this is possible and legal.
Intellectual property is obtained without any further formality
and without the need for a contract or prohibition clause against any claims
thereof.
Copying, modifying an analogue/digital record and mechanical
reproduction, distributing, transmitting, downloading, processing, reselling,
renting, storing, printing, create derivative works or misleading the public
about the actual provider of the website and its content are expressly
prohibited.
Names, images, logos, trademarks and
distinctive features representing ACCESS FASHION and displayed on this website
are property of ACCESS FASHION or third parties and are protected by Greek,
European and international intellectual and industrial property laws. Their use
is expressly prohibited without the prior written permission of ACCESS FASHION
or their legitimate holder. Products, brands, trademarks and distinctive
features of third parties that appear on this website are the intellectual and
industrial property of those who bear exclusively the responsibility thereof.
In any case, the appearance and display of the above on this
website shall in no way be construed as a transfer or grant of an express or
tacit licence or right to use.
Information submitted by users/visitors of
this website to ACCESS FASHION through the website, are accounted for as
non-confidential information and do not constitute property of the
user/visitor. Moreover, ACCESS FASHION may collect limited and necessary
information for commercial activities in general.
6. Privacy policy
ACCESS FASHION's management and protection of
personal data of users/visitors of this website shall be governed by the
relevant Greek and European legislation and these Terms.
During the visit and use of this website and
in view of the provision by ACCESS FASHION of the services offered through it,
it is likely that they will be asked to enter personal data (e.g. name,
occupation, telephone number, e-mail address, date of birth, etc.). The
personal data entered by users/visitors anywhere on the web pages and services
of this website, are intended solely to ensure the operation of the service and
shall not be used by third parties without complying with the applicable laws.
The users’/visitors’ personal data requested by ACCESS FASHION are limited to
the information necessary for the operation of the e-shop and the services
offered through it, with a view to better serve them, under the provisions of
L. 2472/1997 on the protection of personal data and L. 3471/2006 regarding data
protection in e-commerce, as applicable each time.
ACCESS FASHION may collect, store and process
personal data of users/visitors of this website, only if the data in question
are provided voluntarily by the parties, for the following purposes:
·
for services chosen by the users/visitors on
this website (e.g. buying products, receiving information about new products,
participating in contests, etc.).
·
to better serve the users/visitors.
·
to collect feedback from users/visitors about
the products and services of the website
and to improve it based on the information collected.
·
to inform the users/visitors for the new
products of the website, with their prior consent.
·
to inform the users/visitors for website
offers and for any contests, with their prior consent.
·
for remote advertising and promotion of the
website products , with the prior
consent of the users/visitors.
·
for market research and communication with
users/visitors, with their prior consent.
·
to improve the visibility of the website.
Personal data provided voluntarily by
users/visitors of this website may be gathered by ACCESS FASHION in a File, to
be stored and processed by it for the relevant purpose.
ACCESS FASHION shall be the holder of and
responsible for processing the personal data collected in the above manner and
the file created for the above purposes, which shall be stored at its
headquarters.
The recipient of the personal data that will
be provided by users/visitors of the website is only ACCESS FASHION, which may
forward them to its affiliated companies, for reasons of operational and IT
service of its business relationship with the said users/visitors, as well as
for statistical and archival reasons. If the users/visitors have completed the
relevant field and have consented to receive informational and
advertising-promotional material, ACCESS FASHION may, after informing the
users/visitors, communicate their personal data to third parties to advertise
the products they offer and to companies performing market research or other
similar activities.
Users/visitors who have provided their
personal data to ACCESS FASHION have the following rights:
·
The right of access to data relating to them
held by ACCESS FASHION.
·
The right of information for (a) all personal
data concerning them and their origins, (b) the purposes of the processing, (c)
the recipients or categories of recipients, (d) the evolution of the processing
since the last update or information, (e) the logic of the automated
processing, (f) depending on the case, the modification, the deletion or
blocking of data whose processing is not in accordance with the provisions of
L. 2472/1997.
·
The right to object to the processing of their
data.
·
The right to interim judicial protection.
·
The consent of the participants in the
collection and processing of their personal data may be withdrawn at any time,
without retroactive effect.
ACCESS FASHION complies with all the statutory
obligations. The subject of personal data is entitled to request at any time to
stop receiving from ACCESS FASHION the above informational and
advertising-promotional material. To exercise the right of objection conferred
by L. 2472/1997, the holder of the personal data shall requested in writing by
the person Responsible for Processing a specific action, such as the correction
of his/her personal data, temporarily refraining from using them, their
blocking, their non-transmission, or their deletion.
If the user/visitor voluntarily discloses
his/her personal or sensitive data through this website directly to third parties,
he/she shall be responsible to investigate the terms of protection of such data
by such third parties. Users/visitors accept that ACCESS FASHION shall bear no
responsibility whatsoever for such disclosures and for any subsequent use of
such data by other persons. Similarly, ACCESS FASHION shall bear no liability
for any disclosure by users/visitors of the website of third party personal
and/or sensitive data through the website, without the prior consent of the
person concerned by the data.
All users/visitors guarantee the accuracy and
authenticity of personal data concerning them and submitted to ACCESS FASHION,
as well as the right to submit such data.
ACCESS FASHION opposes the collection of
personal data of minors and its policy is not to collect or process data of
these persons.
7. Security
ACCESS FASHION recognises the importance of
the issue of the safety of the users’/visitors’ personal data in this website
and makes every reasonable effort, with the most modern and advanced methods to
ensure their safety. Users/visitors must however be aware that sending
confidential information via e-mail is not the most secure way of
communicating, as it always carries the risk of third parties reading such
information.
8. Cookies
Like most websites, this one also uses
cookies, so that ACCESS FASHION can have access to certain types of information
each time a user/visitor navigates through the online store. Without cookies it
would be impossible for ACCESS FASHION to provide to users/visitors of this
website important services such as order status, storage of products in the
cart, etc.
Cookies are alphanumeric files transferred to the hard disk of a
website's user's/visitor's computer, used for keeping the statistical data
necessary for the provision of services such as those mentioned above, as well
as to define popular websites or for marketing reasons and for each
user's/visitor's access to the desired web site-page.
Cookies do not pose risks to the computer of the user/visitor of
the website. If you do not wish the collection of information through cookies,
you can adjust your browser to delete the existing cookies from the hard disk
and choose to either automatically reject all new cookies, or to be prompted
each time a cookie is to be installed on the computer hard disk, in order to
choose to reject or accept it. However, users/visitors are advised that the
choice of rejecting cookies will make more difficult or impossible to use parts
and services of the website.
9. Promotional and
informational messages
Users/visitors of this website have the
opportunity, if they wish, to request to be informed for new products offered
by ACCESS FASHION through the web site or/its physical stores, including any
other offers, by receiving promotional - informational messages by telephone,
e-mail or mail. If they wish, users/visitors can request to stop receiving such
messages. Furthermore, ACCESS FASHION offers users/visitors of this web site to
receive a newsletter to their e-mail address, if they declare that they want
this service.
10. Applicable Law
The above Terms are subject to Greek law and shall be construed
in accordance with it. If any provision is held to be invalid or voidable by
the competent Greek court, it shall case to apply, without this affecting the
validity of the remaining Terms. Any dispute arising from the use of this
website or relating to these Terms shall be subject to the jurisdiction of the
materially competent courts of Athens.