Terms of Use and Purchases
1. Introduction
This document (together with any document referred to herein) sets out the terms governing the use of this website www.beautybarkipseli.com and the purchase of products through this website (hereinafter the “Terms”).
Please read these Terms, the Cookies Policy, and the Privacy Policy (both hereinafter collectively referred to as the “Data Protection Policies”) carefully before you start using this website. By using this website or placing an order through it, you agree to be bound by these Terms and the Data Protection Policies, so if you do not agree, you should not use this website.
These Terms may be modified. It is your responsibility to read them regularly, as the Terms in effect at the time of the Contract formation (as defined below) are the applicable ones. If you have any questions regarding the Terms or the Data Protection Policies, you can contact us by phone or through any other means of communication available on our website.
The Contract (as defined below) can be executed, at your choice, in Greek and English, in which the Terms are available on this website.
2. Our Details
The sale of products through this website under the name BEAUTYBAR KIPSELI is conducted by the sole proprietorship ANNA HALOUVA, based in Kypseli, at Zakynthou Street No. 8 (Postal Code 11361) and VAT number 145279171 / Tax Office IG Athens. General Tax Identification Number 177986503000.
3. Your Information and Visits to This Website
The information or personal data that you provide to us are processed based on the Data Protection Policies.
By using this website, you consent to the processing of such information and data and declare that all information and data you provide to us are true and accurate.
4. Use of Our Website
By using this website or/and placing an order through it, you undertake:
a. To use the website only to make legitimate inquiries or orders.
b. Not to make any false or fraudulent orders. If we reasonably believe that such an order has been made, we have the right to cancel it and inform the relevant authorities.
c. To provide us with your correct and accurate email address, postal address, and/or other contact details. You also agree that we can use this information to contact you if necessary (see the Privacy Policy).
If you do not provide us with all the information we need, we cannot proceed with your order. By placing an order through the website, you guarantee that you are at least 18 years old and have the legal capacity to enter into binding contracts.
5. Availability of Services
The products offered through this website are available in Greece, where the partnered courier company, ELTA COURIER, provides its services.
6. How the Contract is Formed
The information contained in these Terms and the details contained on this website do not constitute an offer for sale but rather an invitation for information. No contract will be deemed to have been formed between you and us in respect of any products unless your order has been expressly accepted by us. If we do not accept your order and the money has already been deducted from your account, it will be fully refunded.
To place an order, you will be required to follow the purchase procedure (by selecting “add to cart” you add the products you are interested in to the cart) and then press the “Submit Order” button.
Before “Submit Order”, you will be informed of the terms of use and the terms concerning the purchase of the products you wish to acquire via a special link, and then you will select the activation of the relevant icon (indicator) “I have been informed and accept the Terms of Use and Purchases and the Privacy Policy.“
You will then receive an email from us confirming the receipt of your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted, as this constitutes an offer from you to us to buy one or more products. All orders are subject to our acceptance and such acceptance will be confirmed by sending you an email confirming that the product has been dispatched (“Dispatch Confirmation”). The contract for the purchase of a product between us (“the Contract”) will only be formed when we send you the Dispatch Confirmation.
The Contract will only concern the products whose dispatch we have confirmed in the Dispatch Confirmation. We are not obliged to supply any further products which may be part of your order until the dispatch of such products has been confirmed with a separate Dispatch Confirmation.
7. Product Availability
All product orders are subject to their availability. In this regard, in case of supply difficulties or depletion of products in stock, we reserve the right to inform you about similar products of equal or superior quality and value, which you can order. If you do not wish to order such similar products, we will refund the amount you may have paid in full.
8. Order Rejection
We reserve the right to withdraw any product from this website at any time and/or to remove or process any material or content on this website. While we make every effort to process all orders submitted to us, exceptional circumstances may arise under which we may need to reject the fulfillment of an order after we have already sent you the Order Confirmation. We do not assume any liability towards you or any third party for the withdrawal of any products from this website, as well as for the removal or processing of any material or content of the website, or for the refusal to process or accept an order after we have sent you the Order Confirmation.
9. Delivery
Product delivery will be carried out through our affiliated courier company, ELTA COURIER, to the delivery address you have indicated in the respective field of the order details.
• Orders within Athens, Thessaloniki, and major urban centers are delivered within 1 to 3 working days.
• Orders in the rest of Greece are delivered within 3 to 7 working days.
You can track the exact delivery time and stage of your order on the ELTA COURIER website here (https://www.elta.gr/track).
Please note that orders received on holidays will begin processing on the next working day, from which the estimated delivery time will start counting.
Your order will be accompanied by the appropriate tax document, stating the product price and VAT. In the case of an order containing more than one product, it will not be dispatched until it is complete. Alternatively, you can also pick up your order from our store at Kypseli, Zakynthos 8, without any additional shipping charges.
Subject to the provisions of clause 7 above regarding product availability and subject to exceptional circumstances, we will make every effort to fulfill your order for the product(s) listed in the Shipping Confirmation by the delivery date specified in the Shipping Confirmation or, if no delivery date has been specified, within the estimated time frame displayed when selecting the payment method, and in any case no later than 30 days from the date of the Order Confirmation.
However, delays may occur in cases such as product customization to meet customer requirements, depending on the delivery area, or in unforeseen circumstances. If for any reason we are unable to meet the delivery date, we will inform you accordingly and offer you the option to either continue with the purchase by setting a new delivery date from our side, or to cancel the order with a full refund.
For the purposes of these Terms, “delivery” shall be deemed to have taken place or the order shall be deemed to have been delivered when you or a third party designated by you, other than the carrier, has acquired physical possession or control of the products, which will be evidenced by the signature on the proof of delivery of the order at the agreed delivery address.
10. Failure to Deliver
In the event of failure to deliver on the first day due to your absence, a sticker will be placed by the courier company in a visible place at the entrance of the residence or the designated area specified during the ordering process, providing information on what you need to do to receive it.
If, after ten (10) calendar days from the time your order is available for delivery, the said order has not yet been delivered for reasons not attributable to us, we will consider that you wish to cancel the Contract and the Contract will be deemed terminated. As a result of the termination of the Contract, we will refund any payment received from you (excluding shipping costs) as soon as possible and in any case within fourteen (14) calendar days from the date on which the Contract has terminated.
11. Transfer of Risk and Ownership of Products
The responsibility for the products is transferred to you from the moment you or a third party designated by you, other than the carrier, has acquired physical possession or control of the products. Ownership of the products passes to you either upon full receipt by us of all amounts due in respect of the products, including shipping costs, or upon their delivery (as defined above in clause 9) if this occurs after receipt.
12. Price and Payment
The price of each product will be as stated on our website at any time, except in cases of obvious error. We always ensure that all prices on the website are accurate; however, errors may occur. If we discover an error in the price of any product you have ordered, we will inform you as soon as possible and give you the option to reconfirm the order at the correct price or cancel it. If we are unable to contact you, we will consider your order cancelled and refund you in full for any amount you have paid. We are not obligated to provide you with any product at the incorrect lower price (even if we have sent you a Shipping Confirmation), where the pricing error is obvious and undisputed and could reasonably have been recognized by you as a mispricing.
Prices on our website include VAT but exclude shipping costs, which are added to the total price as displayed in the Basket. Prices may change at any time; however, subject to the specific reservations mentioned above, such changes will not affect orders for which a Confirmation of Order has already been sent to you.
Once you have selected all the products you wish to purchase, these will be added to your shopping basket, and the next step is to proceed to order and pay.
To do this, you must follow the steps of the purchase process, completing or verifying the information requested at each step.
Furthermore, during the purchase process, before payment, you can change the details of your order. Also, if you are a registered user, a file with all your orders is available in the “My Account” section.
Payment can be made with Visa, Mastercard, and American Express credit cards, as well as by deposit/transfer of the amount to a bank account.
When you press the “Submit Order” button, you confirm that your credit card belongs to you or that you are the legitimate holder of the gift card or credit voucher. Credit cards are subject to validity checks and approval by your card issuer. If your card issuer does not approve the payment, we are not responsible for any delay or non-delivery, and we will not be able to enter into a Contract with you.
13. Purchase Without Registration / Guest Purchase
This website also allows purchases through the “guest purchase” feature. This purchasing method only requires the necessary information for processing your order. Once the purchase process is complete, you will have the option to register as a member or continue as an unregistered member.
14. Value Added Tax (VAT)
According to applicable rules and legislation, all purchases made through this website are subject to Value Added Tax (VAT). In this context, and in accordance with Chapter I of Title V of Directive 2006/112/EC of the European Council of 28 November 2006 on the common system of value added tax, as incorporated into the Greek VAT Code, the Member State of the address where the products are to be delivered (i.e., Greece) will be considered the place of supply, and the applicable VAT rate in Greece will be applied.
According to applicable rules and legislation in each jurisdiction, the “reverse charge” rule (Article 194 of Directive 2006/112) may apply to goods to be delivered to certain Member States of the European Union if the customer is or is required to be liable for tax for VAT purposes. In this case, we will not charge VAT, subject to confirmation by the recipient that the VAT levied on the supplied goods will be accounted for by the customer in the context of the reverse charge process.
15. Returns Policy
15.1 Right of Withdrawal – Withdrawal Procedure
As a consumer, you have the right to withdraw from the Contract (except in cases where it concerns one of the products listed in clause 15.3 below, where the right of withdrawal is subject to terms) within 14 calendar days without justification.
The withdrawal period expires after 14 calendar days from the day you or a third party designated by you, other than the carrier, acquired physical possession or control of the goods, or in the case of orders with multiple items, after 14 calendar days from the day you or a third party designated by you, other than the carrier, acquired physical possession or control of the last item.
To exercise the right of withdrawal, you must send us the “return form” or an explicit statement of your decision to withdraw either by post or by email to: [email protected], stating as the subject: “Product Return and Order Code”.
Alternatively, you can exercise the right of withdrawal by completing the Contact Form found on our site, stating as the subject: “Product Return and Order Code”.
The Company is obliged to send confirmation of receipt of the withdrawal declaration as soon as it receives it.
From the moment you inform the company of your decision to withdraw from the contract, the products are returned at your expense to the address: Zakynthos 8 Kypseli Athens PC 11361, without undue delay and in any case within fourteen (14) calendar days from the day on which you informed us of your intention to withdraw from the contract.
The products must be returned via the cooperating courier company, ELTA COURIER, or by a carrier of your choice at your expense. In any case, the products are returned to Beauty Bar Kipseli, Zakynthos 8, Kypseli, at your risk.
You may also return and deliver the product to Beauty Bar Kipseli, Zakynthos 8, Kypseli, without undue delay and in any event no later than 14 days from the day you informed us of your withdrawal from this contract, at no additional cost.
In this case, you must go to the store and present the proof of purchase along with the product.
15.2. Withdrawal Results
Refund
If you withdraw from this Agreement, we will refund you without delay and in any case within 14 days from the day we were informed about the withdrawal, the price you have paid for the purchase of the product (excluding any shipping costs).
The refund of the original purchase amount is made using the same method that was used for payment during the purchase, unless you explicitly express your desire for the refund to be made by another means.
Specifically: In the event that, during the original transaction, you had chosen “payment by bank deposit” (bank transfer), the refund will be made by bank transfer (opposite bank transfer) to your account. In the event that you have chosen to charge your credit or debit card, we are obliged, once we have received the price from the Bank, to inform the Bank of the cancellation of the transaction and the Bank will take any necessary action. Upon receipt of this information, we are not responsible for the time and manner of execution of the reversal, which is governed by the contract between you and the issuing bank.
Refunds are made via VIVA. If the refund is made to an account of the same bank, then the money is credited at the same time, without any additional charge. If the refund is made from another bank, then the expenses are shared and there is a charge of 2 – 4 euros from both sides, for which our store is not responsible.
No refunds are made during the discount period.
Subject to the above, we reserve the right to withhold the refund until we receive the products in their original condition according to the following clause 15.3. The obligation to refund will be fulfilled without undue delay and in any case within fourteen (14) calendar days from the return of the product.
Exchange with another product
If you wish to exchange the non-defective product you purchased (except for cases where it is one of the products of clause 15.3 below), whose packaging is intact and the product itself has not been used, you must contact our company within 14 days from the date of receipt of your order at the email address: info@beautybarkipseli, stating as subject: “Product Exchange and your order code”. Alternatively, you can exercise the right of withdrawal by completing the Contact Form, stating as subject: “Product Exchange and your order code”. In your relevant email or in the Contact Form, you must mention the product code with which you wish to make the exchange.
In this case, the products are returned at your own expense for shipping costs to the address: Zakynthos 8 Kypseli Athens TK 11361, without undue delay and in any case within fourteen (14) calendar days from the day you informed us of your intention to proceed with the exchange of the product.
Once we receive it and find it in excellent condition, we will send you the new product.
If the value of the new purchase is higher than the value of the products you return to us, you pay the invoice difference between the products plus the shipping costs.
If the value of the new purchase is lower, we will refund you the difference, minus the shipping costs.
You can also exchange the product at Beauty Bar Kipseli, Zakynthos 8, Kypseli, without undue delay and in any case no later than 14 days from the day you informed us of your withdrawal from this Agreement, at no additional cost.
15.3. Exceptions to the Right of Withdrawal/Special Terms:
Due to their special nature, some of the following products cannot be returned.
For health or hygiene reasons, items of personal care or items that come into close contact with the human body, such as facial and body care creams, cosmetics, makeup items, etc., are exempt from the right of withdrawal. In addition, fragile decorative items such as vases, lamps, lighting fixtures, etc., as well as discounted and seasonal items such as beach towels, candles, etc., are exempt from the right of withdrawal.
In any case, your right to withdraw from the Agreement applies only to products returned in exactly the same condition as you received them (within their original packaging).
We reserve the right not to refund you if the product has been used after opening it, if the product is not in the same condition as delivered (it has scratches, dents, alterations, etc.), if it has been damaged, or if you have not returned all the individual parts of the product.
In case of destruction, damage, or deterioration of the product or depreciation of its value due to your actions, we are entitled to withhold from the refunded amount any relevant compensation.
Therefore, you must take care of the products while they are in your possession. In any case, you are always responsible for any decrease in the value of the products due to their handling that alters their nature, characteristics, and functionality. Please return the products using or including their original packaging, instructions, and any other document accompanying the products.
In any case, you must return the products together with the receipt you received upon delivery.
15.4 Returns of Defective Products
In the event that you believe the product you ordered does not conform, at the time of delivery, to the terms of the Agreement, you must, no later than three (3) calendar days from the delivery of the product, contact us to inform us of the existence of the defect, via email at [email protected] , stating as subject: “Defective Product and the order code” or by filling out the Contact Form found on our site, likewise stating as subject: “Product Exchange and the order code”, attaching photos revealing any defects.
Please carefully check the product before removing any attached labels and before discarding any original packaging.
As soon as you inform us of the existence of the defect, we will contact you to schedule the next steps according to each case.
If we request you to return the defective product to Beauty Bar Kipseli, Zakynthos Street No. 8, you must, within three (3) calendar days from our relevant request for its return, have delivered it to ELTA COURIER in the condition in which you received it, along with all the documents accompanying the product (e.g., Retail Receipt) and the complete original packaging (box, plastic, foam, etc.), which must not have tears, damages, and alterations, and must include all the contents of the original packaging (e.g., attached labels, all individual parts of the product, usage instructions, specification sheet, any other document accompanying the products, etc.) and the original purchase invoice in order to inspect the product and verify the defect you have reported.
Upon the return of the products, an inspection of the reported defect will be carried out, and subsequently, we will contact you within three (3) calendar days from the date of receipt, regarding the results of the inspection. Please note that products found not to have any problem and not to deviate from the product specifications (as presented on the website) will not be accepted as defective.
Returns of defective products will be accepted if the product was defective when delivered to you, and the reported defect is confirmed. Returns will not be accepted if the product is returned damaged or incomplete. In the event that the product does not meet the aforementioned conditions, a refund will not be issued, and you will be informed in writing, either via email or by any other appropriate means. The product will be returned to you at your own expense for reshipment.
Upon confirmation of the defect, we will inform you in writing, either via email or by any other appropriate means, and then, at your choice, we can either:
- replace the product with another, similar, new product, or if this product is no longer available, with a similar product of the same or equivalent quality and price. In this case, the shipping costs of the new product (sent as a replacement for the defective one) will be fully covered by the Company.
- or cancel the transaction and refund you the amount you paid. In case of cancellation of the transaction, the refund of the original purchase price (including shipping costs) will be made using the same method used for the purchase.
The refund of the original purchase price will be made using the same method used for the purchase, unless you expressly express your desire for the refund to be made by another means. Specifically: In case you choose “payment by bank deposit” during the initial transaction, the refund will be made by bank transfer (opposite bank transfer) to your account. In case you choose to charge your credit or debit card, we are obliged, once we have received the amount from the Bank, to inform the Bank of the cancellation of the transaction, and the Bank will take any action required. Following this notification, we are not liable for the time and manner of executing the refund, which is regulated by the contract concluded between you and the issuing bank.
The refund or replacement of the product will be made as soon as possible and, in any case, within fourteen (14) calendar days from the day we confirm that you are entitled to a refund or replacement of the defective product.
16. Intellectual Property
You accept and agree that all intellectual property rights, trademarks, and all other intellectual property rights in relation to all material and content provided as part of the website belong at all times to us or to those who license us to use them. Your use of this material is permitted by you only to the extent expressly approved by us or the licensors of it. This does not prevent you from using this website to the extent necessary to create a copy of an order or the terms of the Agreement.
17. Links to Our Website
Our website may contain links to other websites and sources provided by third parties. These links are provided solely for informational purposes, while the content of these websites or sources is not under our control in any way. Therefore, we bear no responsibility whatsoever for any loss or damage that may arise from the use of these links.
18. Written Communication
Current legislation requires some of the information or updates we send you to be in written form. When you use our website, you accept that communication with us will mainly be in electronic form. We will communicate with you via email or provide information by posting notices on our website. For contractual purposes, you agree to this electronic form of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communication be in writing. This term does not affect your legal rights.
19. Notices
All notices addressed from you to us must be submitted through the communication channels available on our website. Subject to the term 18 above and unless otherwise provided, we reserve the right to notify you either by email or at the postal address you provided when placing your order. Notice will be deemed duly given and received immediately upon posting on our website or 24 hours after an email is sent or three days after the date of posting of any letter. Adequate evidence of the delivery of each notice will be, in the case of a letter, the fact that the letter bears the correct address, postage is paid, and it is deposited in the post, and in the case of an email, that the email was sent to the designated email address of the recipient.
20. Force Majeure Events
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes, in particular (without limitation), the following: a. Strikes, lock-outs or other industrial action. b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster. d. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport. e. Impossibility of the use of public or private telecommunications networks. f. Acts, decrees, legislation, regulations, or restrictions of any government. g. Any strike, failure, or accidents of postal or shipping services or any other means of transportation. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
21. Waiver of Rights
If at any time during the term of a Contract, we fail to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the above provision relating to Notices.
22. Severability
If any competent authority holds any provision of these terms and conditions or any provision of the Contract to be invalid, illegal, or unenforceable in any respect, the validity, legality, or enforceability of the remaining provisions of the terms and conditions or the Contract shall not in any way be affected or impaired.
23. Entire Agreement
These Terms, along with any document expressly referred to in them, constitute the entire agreement between us concerning the subject matter of any Contract and supersede any prior written or oral agreement, communication or arrangement between us. Both you and we acknowledge that, in entering into a Contract, neither of us has relied on any statement, representation, or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms. Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
24. Our Right to Modify these Terms
We reserve the right to revise and amend these Terms at any time. When you place orders for products from us or use this website, you are subject to the policies and Terms in force at the time you order products or use the website, unless any change to those policies or these Terms is required to be made by law or governmental authority, in which case, the changes will apply to orders previously placed by you.
25. Governing Law and Jurisdiction
The use of our website and the Contracts formed through the website for the purchase of products are governed by Greek law. Any dispute arising out of or relating to the use of the website or such Contracts shall be subject to the non-exclusive jurisdiction of the Greek courts. If you are contracting as a consumer, this clause does not affect any legal rights you have under the law.
26. Comments and Suggestions
Your comments and suggestions are always welcome. Please send us your comments and suggestions through the communication channels available on our website. If you consider that your consumer rights have been violated, you can address your complaints to us through any other method of communication available on our website. In the same context, if the purchase between us has been made through our website, we inform you, as required by the European Regulation 524/2013, that you are entitled to seek the resolution of your consumer dispute with us through the online platform for alternative dispute resolution at http://ec.europa.eu/consumers/odr/.
Last Updated: 10.06.2024