Terms of use - H2Onlybattery

Introduction

The website h2onlybattery.com is an e-commerce store for the sale of products and services over the Internet (hereinafter referred to as the online store or website) created and operated by the company under the name G. Vilanakis E.P.E., based in Industrial area, 7th Street, Heraklion, Crete P.C. 716 01, with VAT number 801392654 and Tax Office of Heraklion, Crete (hereinafter for the sake of brevity the COMPANY).

The following terms and conditions will apply to the use of the online store with the h2onlybattery.com brand located at h2onlybattery.com. Each user who enters and transacts or uses the services of the online store (hereinafter referred to as “visitor” and/or “user” or “customer” depending on whether he is limited to visiting the store only or orders and sells products and services) is deemed to consent to and unconditionally accept the below terms set forth herein, without any exception. If a user does not agree with these terms, then he must refrain from visiting, using the website as well as from any transaction or use of the services of the online store.

General Terms

The COMPANY reserves the right to freely modify or revise the terms and conditions of use and transactions from the online store, whenever it deems necessary, and undertakes the obligation to inform consumers of any change, through the pages of this online store. Contracts through the online store are drawn up in the Greek language.

Information & Products Provided

The COMPANY is committed to the accuracy, truth and completeness of the information listed in the online store, regarding the identity of the COMPANY as well as the transactions provided through the online store. The company, in the context of good faith, is not responsible and is not bound by electronic data entries that were made by mistake/mistake according to common experience and is entitled to correct them whenever it becomes aware of their existence.

Limitation of Liability

The COMPANY in the context of its transactions from the online store is not responsible and has no obligation to compensate for any possible damage or loss resulting from the cancellation of orders, from the non-execution or from the delay of their execution, for any reason. It does not guarantee the availability of the products displayed in the online store, but informs the interested customer based on the data kept about the availability or non-availability and undertakes, in the event of a change in these data, to promptly inform the customers of the non-availability in such a case bears no further responsibility. The online store provides the content (eg information, names, photos, illustrations), products and services available through the website “exactly as they are”. Under no circumstances is the COMPANY liable civilly or criminally for any damage (positive, special or cumulative, which indicatively and not restrictively, disjunctively and/or cumulatively consists of loss of profits, data, lost profits, monetary satisfaction, etc.) that may suffered by a visitor of the online store or a third party from a cause related to the operation or non-operation and/or the use of the website and/or inability to provide services and/or products and/or information available from it and/or from any non permitted third-party interventions in products and/or services and/or information available through it.

Risk transfer

In contracts where the supplier ships the goods to the consumer, the risk of loss or damage to the goods is transferred to the consumer when he or a third party designated by the consumer and other than the carrier has acquired physical possession of the goods. However, the risk is transferred to the consumer if he hands it over to the carrier, if the carrier has been instructed by the consumer to transport the goods and this option was not offered by the supplier, without prejudice to the consumer’s rights against the carrier.

Intellectual property rights

All the content of the online store, including distinctive titles, marks, images, graphics, photos, designs, texts, etc. are the intellectual property of the COMPANY and are protected according to the relevant provisions of Greek law, European law and international conventions or intellectual property of third parties for which the COMPANY has obtained a license to use for its own exclusive needs and for the operation of the online store. Any copying, transfer or creation of a derivative work based on this content or misleading the public about the real provider of the online store is prohibited. Reproduction, republishing, uploading, announcement, dissemination or transmission or any other use of the content in any way or medium for commercial or other purposes is permitted only with the prior written consent of COMPANY or any other copyright holder. The names, images, logos and distinguishing features listed and describing the online store with the h2onlybattery.com trademark or the products or services of the COMPANY or third parties are property of the COMPANY or third parties respectively, protected by the relevant trademark laws. Their use in the online store does not in any case grant a license or right to use them by third parties.

User responsibility

The user/customer agrees and undertakes to use the services, information and data of the online store as provided by law and based on the rules of good faith and commercial ethics. Obliged not to use the online store with the h2onlybattery.com brand for: 1. sending, publishing, sending by e-mail or transmitting in other ways any content that is illegal for any reason, causes illegal insult and damage to the COMPANY or to any third party or offends the confidentiality or privacy of any person’s information 2. sending, publishing, sending by e-mail or transmitting in other ways any content that offends users’ morals, social values, minors, etc. 3. send, post, e-mail or otherwise transmit any content that users do not have a right to transmit under the law or applicable contracts (such as inside information, proprietary and confidential information obtained or disclosed as part of employment relationships or covered in confidentiality agreements), 4. post, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party of any kind , 5. send, post, e-mail or otherwise transmit any material that contains software viruses or any other codes, files or programs designed to disrupt, damage, destroy or equip operation of any computer software or hardware, 6. intentional or unintentional infringement of applicable law or regulations, 7. harassing third parties in any way, 8. collecting or storing personal data about other users.

Product returns due to delivery error

In all cases in which other than the sold items are delivered, by type or quantity, or lacks a quality that has previously been agreed upon in writing with the COMPANY, the customer returns the products to check and establish the error. In this case, the costs of returning the products to the company as well as the costs of forwarding to the customer are borne by the COMPANY as long as the method of return proposed by the company is followed.

Defective On Delivery (DOA) Product Returns

The return of the products, which are considered defective on delivery (DOA) will be accepted within seven (7) calendar days from their delivery to the customer. At the same time, the product must be undamaged and have all the original documents that accompanied the product (e.g. VAT number, Retail Address, etc.) and its complete packaging. In these cases the following applies:

The product is received and checked to determine the defect reported by the CUSTOMER.
Provided that these have been previously received and checked by the COMPANY, the item will be replaced with a similar new one, or in case of non-availability with another new product of the same quality and price, otherwise if the customer does not wish for a replacement, a replacement will be made refund of the original purchase money to the customer. The refund is made in the same way as the customer’s initial payment to the COMPANY.
In particular, in the case of a charge via credit card, the COMPANY will be obliged to inform the issuing Bank of the cancellation of the transaction and the bank will then carry out any act provided for on the basis of the contract it has drawn up with the customer without any further responsibility of the COMPANY . Following this information, the COMPANY does not bear any responsibility for the time and method of execution of the offsetting, which is regulated by the aforesaid contract. In the case of cash payment, if the customer had chosen the “pick up from the store” option, it will be done by returning his money to him from any store in the COMPANY’s network. In case of payment by bank transfer, a reverse bank transfer will be made from the COMPANY’s accounts to the customer.
Shipping costs both for returning the products to the COMPANY and for reshipping the replaced product to the CUSTOMER shall be borne by the COMPANY.
In the event that the products are returned damaged or incomplete, the Online Store has the right to request compensation from the customer, the amount of which will be determined by the condition of the products and to proceed unilaterally and without others to a total or partial offset of this claim against the customer.

Return of non-defective products – Customer right of withdrawal without reason

The CUSTOMER has the right to withdraw from the purchase contract within a period of 14 calendar days from the date of conclusion of the service contract (in the case of such a contract), or from the delivery (in the case of products) and in fact when there are many products in the same order from the delivery of the latter while when there is an obligation to deliver products at regular intervals from the delivery of the first. Withdrawal is subject to the following conditions:
This withdrawal is without justification and without any charge, and if the item has already been delivered, the customer must return the product exactly in the condition in which it was received, with all its accessories, the forms that accompany it and its packaging in excellent condition. The return of the item is accepted, only if the buyer has first paid any amount incurred by the company for sending the item to him and the shipping costs for the return of the item.
The declaration of withdrawal is made in writing or electronically and the COMPANY is obliged to send confirmation of receipt of the declaration of withdrawal as soon as it reaches it.
The consumer must, within 14 days from the day he notified the company of his request for withdrawal, return the product(s), in accordance with the terms of this paragraph.
Following the declaration of withdrawal, the COMPANY is obliged to return the price collected within 14 days of receipt of the products.
Delivery shipping costs are not refunded if the customer had chosen a delivery method other than the cheapest standard delivery method offered by the COMPANY.
The refund to the customer will be made by the same means by which the initial collection was made. Specifically, in the case of debiting via credit card as follows: in the event that the price has been paid to the COMPANY by the Bank before the withdrawal and return of the item, the COMPANY will be obliged to inform the Bank of the cancellation of the transaction and the bank will proceed with each act provided for on the basis of the contract established with the client. Following this information, the company does not bear any responsibility for the time and method of execution of the offsetting, which is regulated by the aforesaid contract. In the case of cash payment, if the customer had chosen the option of “collection from the store”, it will be done by returning his money to him from the store where he received the product. In case of payment by bank transfer, the refund will also be made by bank transfer to the same account of the customer.
The customer is responsible for indemnifying the company if he made use other than that which is necessary to establish the nature, characteristics and operation of the goods in the period until the declaration of withdrawal. The ascertainment of the nature, characteristics and function of the goods should be done on the basis of the information provided on the outer packaging of each product, as well as the additional information provided by the company and in any case without opening the packaging of the products and putting in operation the good. The company is willing to inform the customer of any question regarding the nature and operation of the products by providing additional information material by electronic or other means. In case of opening the packaging or putting the products into operation, their value is automatically reduced as the product is classified as used and the customer must compensate the company for the reduction in the value of the product. The reduction in value from the opening of the packaging and subsequent from the characterization of the product as used is examined on a case-by-case basis and determined by the company and is usually in the order of 20%-30%. THE COMPANY is entitled to agree with the customer its compensation even and with mutual netting.
In the event that the withdrawal concerns the provision of services, the customer must pay an amount proportional to what was provided up to the declaration of withdrawal.
In the event that the products are returned damaged or incomplete, the Online Store has the right to request compensation from the customer, the amount of which will be determined by the condition of the products and to proceed unilaterally and without others to a total or partial offset of this claim against the customer.