Terms of Use

TERMS OF USE

 

GENERAL TERMS

The webpage 5FIVE.gr (hereinafter the “website”) includes an electronic shop, which is the online presence of the company under the name “Kammenos Nik. Evangelos"and the trade name “5FIVE"(Tax Reg. No: 800639670 , Tax Office Glyfada). The company's office is located in Tychis 8, 16675 Glyfada.

 

Please read carefully through these Terms, prior to using this website.

 

A. SCOPE OF THE TERMS AND CONDITIONS OF USE 

“5FIVE” endeavours to provide a first-class customer service to the users/ members (hereinafter “customers”) of the website on a daily basis. The creation of this particular e-shop signifies the beginning of an advanced form of communication between the company and its customers. In addition, this e-shop is intended for all internet users who wish not only to receive direct information on the company's products but also to complete a purchase through the e-shop, by means of distance online order, provided that the company has sufficient stock.

“5FIVE” gives attention to the direct and satisfactory customer service, operating constantly in a responsible manner on the course of its business activity and cultivating trust between the company and its customers.

The present terms fully comply with the current European and Greek legislation; users acknowledge the company’s right to modify any provisions of the present terms to the extent that such modification would neither affect legally binding obligations of either party nor affect any accomplished situations. The customer is responsible to check periodically the present terms and conditions and he/she is exclusively responsible in reference to the use of the website.

The customers of this webpage acknowledge that they have read the present terms, agree with them and undertake to comply with them. The terms and conditions of the present website set the terms of use of our website and our services and the terms of the sale agreement which is concluded between the customer and “5FIVE”. Every 5FIVE.gr customer is assumed that with the subscription / use/ visit of the website fully acknowledge the present terms; and waives its claims emerging by his visit to the website or transaction with “5FIVE”. Any customer who does not agree with these terms should abstain from the use of the website and subsequently any transaction. The use of the website 5FIVE.gr, the subscription and the transaction (submission of order) implies the acceptance of the present terms and the conclusion of a sale agreement with the present terms.

We feel we have the obligation to keep our customers always informed and secured. In case you have any question regarding the present terms please contact us at the electronic address info@5FIVE.gr.

“5FIVE” reserves the right to suspend temporarily or permanently all of its services without notice in its sole discretion.

 

B. PERSONAL DATA PROTECTION

In order to perform any transaction through the “5FIVE” e-shop and to make any order of the company’s products, you will be asked to provide some personal data. With the use of the website you provide your explicit consent to “5FIVE” to process the relevant personal data and you declare that all the information are true and accurate.

When you place an order, you will be asked to provide your full name and surname, the address for the delivery of products, your phone number (whichever phone number you specify), your email address and, in case you choose to use your credit card as a payment method, you will be asked to provide the card number, its expiry date as well as the 3-digit security code of your card. If you do not give us all of the information that we need, we may not be able to complete your order.

Our company shall process the above data in accordance with European (General Data Protection Regulation 2016/679) and national legislation, in order to complete the order placed by our customers and shall in no way disclose, publish or sell these data to any third parties,

Your personal data shall be disclosed to the relevant bank (i.e. the credit card number) and shall be DELETED from our database immediately after the completion of your order, thus ensuring a higher level of security.

For further information, see the Privacy Policy

 

C. SECURITY

"Recognizing the importance of electronic payment security, EveryPay is a licensed Payment Institution by the Bank of Greece (Decision No. 280/3 / 23-7-2018 GG B 3010 / 25-7-2018), and manages securely card payment transactions, in accordance with the regulatory framework of the card transaction security management standard. Everypay is certified in accordance with the PCI DSS compliance standards. All Everypay services are made through secure connections with 256bit SSL certificates. EveryPay also supports the ability to use the 3D Secure service, an additional security token for VISA & MasterCard. The Payer then has to enter his personal secret code to complete the transaction successfully”.

SSL protocol (Secure Sockets Layer) is now a global Internet standard for the certification of websites to Internet users and for the encryption of data between Internet users and web servers. An SSL encrypted communication requires all information interchanged between a customer and a server to be encrypted by the sender’s software and to be decoded by the recipient’s software; in this way, personal data are protected while transferred in the Internet. Furthermore, all information sent via SSL protocol is protected by a mechanism that automatically verifies if such data have been changed while transferred.

We note that we cannot guarantee the complete prevention of the use of your information by unauthorized third parties and we will not be liable for any damages or losses (direct or indirect) of a customer whose card is being used illegally or used in an unauthorized manner.

Furthermore, “5FIVE” is not responsible for any damage that may be caused to your computer by viruses, worms, spyware, or the like during your connection to our website. Please make sure you have an anti-virus program, firewalls, and that your other computer protection programs are up to date. 

 

D. ITEM TO BE SOLD

Product features and other details are available online and you can find any related information by following the search guide provided in our websites and by clicking on the name of the relevant product.

“5FIVE” makes every effort to present the products of the website in the most accurate way possible. In some cases the information on our website may contain inaccuracies or incomplete information. We reserve the right to correct any mistakes or to update the website anytime without prior notification. Given the nature of products’ presentation on our website and the different types of visual aspect, the colors and fabrics presented on the website may differ slightly from those of the actual product. If the product does not meet your expectations, you can return it to us in accordance with the terms set herein.

 

E. ORDER OF PRODUCTS 

Making an order through the e-shop signifies that you enter into a distance sale agreement, which is governed by the legal framework of Law 2251/1994 about Consumer’s Protection, as applied.

You may enter into a valid order through our e-shop provided that you are a legally capable person according to the Greek Civil Code (which means you are eighteen years of age or older and you are not placed under judicial guardianship regarding the entering into sales agreements). Representatives of legal entities may also place orders; “5FIVE” reserves the right to claim the price of the sale agreement or any damages/losses suffered by the sale agreement from supervisors or guardians of legally incapacitated persons.

 

PROCEDURE FOR MAKING AN ORDER THROUGH E-SHOP:

  1. Once you have made your choice you need to fill in the online form with the necessary data in order to enter into the sale agreement.
  2. You also need to unreservedly accept the sale agreement terms and the terms of use by clicking the "ACCEPT" button, as shown online to all users of our website.

Accepting an order does not legally imply the conclusion of a sale agreement but an invitation of information and we reserve the right to inform you that your order can not be processed. The order ends and the sale agreement is concluded with the delivery of the ordered product to you.

All product orders are subject to availability. In the event of difficulties in supplying or exhaustion of the products in stock, we reserve the right to inform you about similar products or of products superior in quality and value, which you can order. If you do not wish to order such similar products, we will refund you in full the amount that you may have paid.

To facilitate payment for those who wish to buy products from our e-shop, 5FIVE.gr, we offer the following payment methods:

  1. By charging your credit/debit card. Charging of credit/debit card takes place on the date the procedure of dispatching of products begins. Our website, 5FIVE.gr, has taken all necessary precautions regarding the security of your transactions through your credit card and all credit and debit card holders are subject to validity control.

It is important to specify necessarily a phone number and a valid e-mail address.

  1. By PayPal by choosing the relevant payment method, assuming you have a Paypal account.

Whichever method of payment you choose, there is the option to choose either a retail receipt or an invoice. An invoice is issued to companies and freelancers, provided they fill out the following information upon their order: company name, VAT number, VAT number and profession for self-employed persons. The invoice / retail receipt will be sent with your order.

Before the completion of the order, our company informs the customer through the website about the substantial features of the product, price, quantity, transfer costs, payment method, delivery method, duration and price of the offer, if any, and the right of withdrawal within thirty (30) days from the delivery of the product.

Upon sending of the order form, consumers receive online a copy of their order that they may save.

All prices shown under the relevant lists of each product include VAT; 5FIVE.gr reserves the right to change prices without notice. The offers are valid until the exhaustion of the stocks.

Non EU-Customers shall be subject to any charges that may arise from exchange rate differences, customs clearances, etc., for which our company shall bear no liability.

 

F. DELIVERY & RETURNS POLICY

The responsibility for the products is shifted to you from the moment you or a third party that you have designated, other than the carrier, has acquired physical possession or product control. Product ownership goes into your hands either with full recovery of all amounts due in respect of products on our part, including shipping costs, or by delivery if it is later than collection.

For more info, please check out our Return Policy

 

G. CUSTOMERS OBLIGATIONS

Customers must comply with the rules and provisions of Greek, European and International Law and the relevant legislation governing telecommunications and refrain from any unlawful and abusive conduct in the course of and in connection with the website and any illegal practices. The customer is liable for any damage to him/her, due to the misuse of the website or misuse of the services offered through it. In the event that “5FIVE” is involved in any illegal action or is required to pay any compensation due to the breach of the customer’s obligations under these terms, the customer will be liable to indemnify “5FIVE” for this reason. Each customer is solely responsible for securing the confidentiality of his/her password and he/she himself/herself undertakes the risk of damage from third party access in any way to its code.

“5FIVE” is not bound to check messages, information or content posted on the website by customers and has no responsibility for such content. However, it may occasionally monitor the site's postings and may refuse, not accept and / or remove posts from the site. Customers are required not to use the website to post content or other communication that includes: (a) political or other unfair, abusive, illegal, inappropriate, false, inaccurate, threatening, abusive, vulgar, violent, defamatory content, (b) spam, chain letters, false e-mails, contests and promotional material, (c) advertisements of any type, (d) personal information (addresses, telephone numbers, etc.) messages that offer unauthorized use of material copyrighted or private information and (e) information similar or related to the above.

The website should not be used by the customers: (a) to send commercial e-mails, (b) violate any personal right or property right, (c) present false data belonging to other users (d) to counter any other person, registered user or employee of  “5FIVE” ; (e) to engage in illegal activities; (f) to collect or store personal data and information about other customers of this website for any reason, (g) to send, publish, email or otherwise transmit any content that is illegal and for any reason causes unlawful interference and damage to “5FIVE” or any third party, either infringes the confidentiality or confidentiality of any person's information, (h) to send, publish, send by e-mail or otherwise transmit any content that infringes morals, social values, minority rights; i) to send, post, post by e-mail or otherwise transmit any content for which customers have no right to broadcast under the law or applicable contracts (such as inside information, proprietary and confidential information acquired or disclosed as part of an employment relationship or covered by confidentiality agreements); (j) to send, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of others, (k) to send, publish, email, or otherwise transmit any content containing software viruses or any other code, file or program designed to cause interruption, damage, destruction, of the operation of any software or computer hardware; (l) intentional or unintentional violation of applicable laws or regulations; (m) harassment by third parties in any way.

In the event of post of material or content as described above, “5FIVE” has no liability and cannot be deemed to accept such content.

In addition, customers hereby agree to indemnify “5FIVE” for any legal dispute arising between them and third parties due to the content they have posted, published or otherwise transmitted via the website and in the event of inaccurate registration of data on registration or updating of their information and generally in the event of violation of the present terms of use. Any use contrary to the above further to any civil and criminal penalties will result to the deletion of this content and at the same time the deletion of the customer’s account, which violates the present terms of use, without notice.

In the event that “5FIVE” is notified that any content causes property or moral damage to a third party, it will work with any competent Authority (police, judiciary etc.) to restore any damage caused.

“5FIVE” is not in any way liable in case of communication of customers with third-party service providers advertised on the website and for any commercial transaction that may arise from their relationship.

 

H. INTELLECTUAL PROPERTY RIGHTS

The entire content of the site, including images, graphics, photographs, drawings, texts, products, marks, symbols, is the intellectual property of “5FIVE” and is protected by the relevant provisions of Greek, European law and international conventions.

Any modification, copying, distribution, modification, configuration, transfer, sale, republication in any way of any information (in whole or in part), reproduction and retransmission, downloading or exploitation of the contents of the website in any way or by any means for commercial or other purposes is forbidden without the written permission of “5FIVE”. The appearance of such content on the website should in no way be construed as a transfer or assignment of a license or right to use it.

 

I. GENERAL TERMS

Assignment

This sale agreement and each and every covenant, term and condition herein is binding upon and endures to the benefit of the parties hereto and their respective successors.

The customer cannot assign this agreement in whole or in part; however “5FIVE” may assign or subcontract the sale agreement or any other of its rights to third parties at any time during its term.

 

Force Majeure

The failure of “5FIVE” to perform or delay in performance of any obligation under the sale agreement solely by reason of causes beyond its control, including but not limited to: acts of God, acts of government, riots, wars, civil commotions, invasions, terrorist attacks or threat of terrorist attacks, strikes, fire, explosions,  floods, natural disasters, shall not be deemed to be a breach of the sale agreement; Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues but in case the cause of delay exceeds more than sixty (60) calendar days, “5FIVE” will contact you in order to terminate the sale agreement and return all the amounts paid by you.

 

Waiver

No waiver of any default herein by either party or any failure to enforce any rights hereunder shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provision hereof.

 

Severability

Should any part of this sale agreement be held unenforceable or in conflict with the applicable laws or regulations of any jurisdiction, the invalid or unenforceable part or provision shall be replaced with a provision which accomplishes, to the extent possible, the original business purpose of such part or provision in a valid and enforceable manner, and the remainder of this sale agreement shall remain binding upon the parties hereto.

 

Disclaimer

Your use of the Website is at your sole and entire risk. 5FIVE and its subsidiaries will have no liability for any direct or consequential loss or damage, including any material loss or financial loss, arising out of or in connection with the use of this Website or associated websites.
You should note that certain products or services presented on the Website may be subject to specific regulations or even restrictions and/or prohibitions in certain countries.
Past performance is not in any event a guide to future performance, and 5FIVE cannot, under any circumstances, be held liable for any use which may be made of this data and information.

 

Modification

The website 5FIVE.gr reserves the right to modify or renew the present terms and conditions at its sole discretion.

 

Governing Law - Jurisdiction

The use of the website and the sale agreement shall be ruled and interpreted according to the laws of Greece.

All disputes arising out of or in connection with the use of the website or the sale agreement if not amicably settled, shall be submitted to the Courts of Athens.


Last update of the terms of use on the 02.05.2020