Terms of Sale
GENERAL TERMS AND CONDITIONS OF INTERNET PURCHASES AT ORLOFFBEAUTY.GR
GENERAL CONDITIONS OF PURCHASE
The following General Terms and Conditions of Sale are concluded between,
from one part, ORLOFF SA registered by the ATHENS REGISTER with VAT number 095738298, whose head office is located at Marni street 11 – 10433 Athens, Greece. Duly represented by Petros Kladakis,
and from another part, physical persons willing to make a purchase via the www.orloffbeauty.gr Internet website (hereinafter, the « Website ») or its derived addresses, hereinafter referred to as the « Consumer ».
The Website allows ORLOFF SA, as an exclusive representative on the Greek and Cypriot markets of the brands “Cinq Mondes” and “Etat Libre d’Orange”, to offer to physical persons acting as website users, cosmetics and perfumes of the respective registered brands plus spa services in the form of gift-vouchers and memberships commercialized under the name of Orloff Spa, that can be redeemed at the physical locations of the hotels Life Gallery and Theoxenia Palace where ORLOFF AE is operating two hotel spas, (hereinafter « The products »).
For the application of the following, it is agreed that the Consumers and ORLOFF AE will be designated collectively as « Parties » and individually the « Party ».
It is specified that the Products are aimed at the exclusive personal usage of the Consumer.
The products offered on the Website are not intended for resale. The products are sold exclusively on the Website. Any resale or use for promotional purposes of products purchased via the Site outside this network and especially on the Internet is strictly prohibited. Regardless of the type of the infringement towards the brand, it may be of a nature to engage the responsibility of its authors.
When placing an order for a product on The Website, The Consumer recognizes having read these Terms and Conditions and having accepted them without any reserve.
This acceptance is in no way conditioned by a handwritten signature on the part of the Consumer.
It is specified that the Consumer can save or print these Terms and Conditions of Sale, provided however that they are not modified in any way.
All of the special conditions contained in the documents issued by the Consumer (including the order itself) cannot prevail on these Terms and Conditions of Sale without the express prior written consent of ORLOFF SA.
The following General Terms and Conditions of Sale define the modalities of the sale of Products and spa services by ORLOFF SA through the deposited brands Cinq Mondes, Etat Libre d’Orange, Orloff Spa, to the Consumer, as well as the rights and obligations of the Parties that arise from the online sale of the Products and services offered on the Site.
They determine all of the necessary steps to place an order and ensure the follow-up of the order between the Parties.
2.1 PRODUCT DESCRIPTION
ORLOFF SA present on their Website the Products for sale as well as their descriptions in the Product section (‘Shop’).
ORLOFF SA will make the best effort to ensure that the color and the appearance of the Products on the displayed photographs are true to the original products. However, ORLOFF SA does not have any governance upon the limitations that the Consumer may encounter due to technical specifications of the color transmission on their informatic devices. Therefore, ORLOFF SA cannot be held accountable for the inexact photographical representation of the Products on the Website.
2.2.1. The Products offered for sale by ORLOFF SA are those listed on the Website. This is in effect on the day of the consultation of the Website by the Consumer and within the constraints of available stock of the Product.
2.2.2. In case of unavailability of a product, ORLOFF SA will inform the Consumer as soon as possible by email or by any other form of written notification of the delivery of a partial order or the cancellation of the order.
This information can be put through during the establishment of the order or following the validation of the order but before delivery. The Consumer will then have 48 business hours (excluding weekends and public holidays) to request the cancellation or sending on special conditions (partial delivery) of his order, by contacting the Consumer Service, either by email to [email protected], by phone 210 5226152 from Greece or +30 210 5226152 from abroad (from 9:00am to 5:00pm, Athens time, Monday to Friday). After this period of 48 hours, and if no request from the Consumer was sent to ORLOFF SA, the partial order will be shipped for delivery to the Consumer.
If the Consumer’s bank account has already been debited at the time of the aforementioned information of the Consumer, ORLOFF SA undertakes to refund to the Consumer as soon as possible the price of the Product(s) unavailable on the bank account debited at the time of the order.
In the event of a request by the Consumer for the cancellation of the entire order, ORLOFF SA undertakes to reimburse the Consumer for the sums paid within thirty (30) days at the latest after their withdrawal.
2.2.3. In case of unavailability of a product, the customer can make a request for the replacement of a good ordered by another one of his choice of the same price. The customer can also choose an item of a higher price and in this case the difference in price is payable. When choosing an item at a lower price, the customer will be refunded the difference on the means of payment used. The request can be addressed to [email protected] or by phone to 210 5226152 from Greece or +30 210 5226152 from abroad (from 9:00am to 5:00pm, Athens time, from Monday to Friday).
2.2.4. At any time, ORLOFF SA reserves the right to modify or no longer market a product or products offered on the Website. Nevertheless, these changes will have no impact on orders that ORLOFF SA accepted before the entry into force of these changes.
2.3.1. All prices indicated are in Euros. The applicable prices are those indicated on the Website at the time the Consumer places his order, except typographical error. These prices are inclusive of all taxes, except for transport costs and fees, that are charged extra, which will be indicated specifically in the summary of the order and the order confirmation email and added to the total price of the order. The total price indicated on the summary of the order and the order confirmation e-mail will represent all the sums that will be invoiced, all duties or taxes and costs included.
The prices are subject to the Greek T.V.A. (Value-added Tax). Any change in the legal rate of this T.V.A. will be reflected in the price of the Products presented on the Website, on the date stipulated by the relevant application decree.
In the event when the Consumer uses a credit card attached to an account located outside the Euro zone, the Consumer may be charged exchange fees and bank commission by his bank. Those payable fees will remain the responsibility of the Consumer.
2.3.2. At any time without prior notice, ORLOFF SA reserves the right to modify its prices. These modifications will not have any impact on the orders that ORLOFF SA has accepted before the deployment of these modifications. Nevertheless, the order placing will still remain subject to the availability of the Products ordered.
3. PLACING AN ORDER
3.1. MODALITIES OF THE ORDER
The consumer must submit his order in any written form (email, fax, letter). Parties hereby agree that any telephone order is not valid unless followed by a written form.
The online store of ORLOFF SA offers its products to non-professional customers over the age of 18 and in full legal capacity.
By browsing the Website, the Consumer has the opportunity to learn about the various Products offered for sale on the day of the consultation of the Website.
The navigation on different pages of the Website is non-binding for the Consumer to placing an order.
During the navigation of the Website, the Consumer wishing to place an order may do so by clicking the “Add to cart” button, which appears next to each Product displayed.
As soon as the Product or Products have been added to the « Basket », the « Basket » will appear to the Consumer in a pop-up window. It will display all of the elements of the order as well as demonstrate the nature of the Products ordered, their quantity and the total amount.
Until the order is validated, the Consumer can return to it, modify or cancel. If the Consumer wishes to choose additional Product(s), this can be done through a click on the “Continue shopping” button. The Consumer can be assured that the Product(s) already selected will remain safely in the “Basket” section.
The Consumer is informed that at any step of the order placement process up until the actual validation through payment (please see Section 4 for Payment), there is a possibility of returning to the order, completing it, modifying it, canceling it.
Once the selection of the Products has been completed, the Consumer can place an order by clicking on the “Proceed to order” button. The Consumer will then, on a separate page, be invited to fill out the form at disposal with the accurate contact details. The Consumer undertakes to indicate the first and last names, a valid e-mail address and a delivery address to which the order is to arrive during working hours from Monday to Saturday for mainland Greece and on business days in other neighboring countries (Cyprus).
Once the entire form is completed, a summary of the order will display all the information related to this order. This will include the nature, quantity and price of products, the total amount of the order (including shipping costs and cost of service “Cash against delivery”), the consumer’s details, the delivery address and the billing address.
After having reviewed the order, the Consumer will be invited to make the payment on his order through selecting a payment method: Redirection (by credit or debit card), or PayPal, by clicking on the “Order” button, or may choose the “Cash against delivery” option with a differed payment.
The data recorded by ORLOFF SA will represent a proof of all transactions between ORLOFF SA and the Consumer.
3.2. CONFIRMATION OF THE ORDER
3.2.1. Once the order has been confirmed and its payment validated in accordance with the terms set out in Section 4 below, a confirmation message will be displayed which will include the references of the order.
3.2.2. ORLOFF SA reserves the right to keep the order in the ‘processing’ status for approximatively 24 hours before shipping.
3.2.3. ORLOFF SA retains ownership of the Product(s) ordered until the full payment of the price and its supplements, including transportation by courier service (3€) and service fees for “Cash against delivery” (2,5€).
3.3. PROOF OF THE ORDER
In general terms, there is an express agreement between ORLOFF SA and the Consumer that e-mails will prevail between the Parties as well as the automatic registration systems used on the Website, in particular related to the nature and date of the order.
The Consumer may access, to the electronic contract concluded between the Consumer and ORLOFF SA. To do this, the Customer will need to kindly contact the Consumer Service Department, either by email at [email protected] or by telephone at +30 2105226152 from abroad (from 9:00am to 5:00pm, Athens time, Monday to Friday,), to which he will provide all the necessary information regarding the order, including the order number and contact details.
4.1. The payment is required immediately on the Internet at the moment of placing an order in Euro (€) via Credit or Debit card (CB, Visa, MasterCard, American Express) or PayPal, or differed in the eventuality of choice of “Cash against delivery” option. In this case the payment will be made by the Consumer to the Speedex courier in cash when receiving the parcel.
4.2 ORLOFF SA reserves the right to refuse any order or delivery in case of a dispute with the Consumer, total or partial non-payment of a previous order by the Consumer, refusal of authorization to pay by credit card banking institutions, non-payment or partial payment.
4.3. The Consumer guaranties ORLOFF SA of having the necessary authorizations for the usage of the payment method chosen at the time of the validation of the order. In case of a refusal from the bank, the order will be automatically cancelled and the Consumer will be notified by an email letter.
4.4 ORLOFF SA uses a secure payment system Redirecting to the Eurobank platform of payment or PayPal and guaranties the Consumer that the Company does not have access to the confidential information linked to the payment method used by the Consumer when putting the order through. Only the Bank Eurobank or PayPal are in possession of this information. For this reason, the credit card details of the Consumer will be asked every time the Customer decides to place an order on the Website.
5. DELIVERY AND ORDER RECEIVAL
5.1. DELIVERY MODALITIES
Once the order has been prepared, it will be sent to the postal address indicated by the Consumer at the time of placing the order.
Products ordered according to the Consumer’s choice will be delivered to the delivery address indicated in the delivery note.
Spa certificates :
• gift-vouchers ordered will be sent by mail to the electronic address of the Consumer as an electronic gift-voucher
• membership cards will be delivered to the delivery address indicated in the delivery note through Speedex courier.
The delivery cannot, in any event, be made to hotels or to PO boxes.
Products are delivered by courier in Greece (Speedex) as well as to Cyprus. In case of the absence of the Consumer, the parcel will be deposited at the central Speedex Deposit Office. The location of the Speedex Deposit Office will depend on the delivery address indicated by the Consumer.
The delivery being ensured by a third party provider, the Consumer is informed that ORLOFF SA cannot in any way be held responsible if the non-performance or the bad execution of this obligation is attributable to the Consumer or for an unpredictable or insurmountable event of a third party contract as well as a case of force majeure.
The shipping cost as well as the fee for Cash against delivery service will be indicated on the order summary page preceding the payment.
In the event where the order will not be delivered to the client and returned to the sender (ORLOFF SA), ORLOFF SA will offer a new shipment to the client. The client will at this point be asked to pay the fees for the new shipment. In order to make this payment, the client will be sent a payment request link from PayPal on the email addressed used when placing the order. This payment could be made even in the event where the client does not hold a PayPal account.
5.2. DELIVERY TIME ESTIMATES
The Products purchased will be expedited by the Speedex courier services that are in charge to deliver the order in the following average timings:
-Within 2 (two) to 5 (five) business days for delivery to Greece
-Up to 13 (thirteen) business days for Cyprus
6. THE RIGHT OF WITHDRAWAL
In accordance with relevant legal provisions, the customer has 14 days from the receipt of products to exercise the right of withdrawal without having to justify reasons or paying compensation to ORLOFF SA. The customer acknowledges that the right of withdrawal could not be exercised on personalized products, made according to a special request. The right of withdrawal can be exercised by request in writing to [email protected] The Company will acknowledge receipt of the customer’s withdrawal by e-mail. Shipping charges will be at the expense of the customer. For the return of products, ORLOFF SA recommends that they be sent by courier Speedex and at the charge of the Company. The return should be made to the following address:
ORLOFF SA – customer service
This right of withdrawal can no longer be exercised if the returned products have been opened and/or used. If the packaging of the product has been opened or tampered with, the item will not be accepted for return or exchange. Items damaged by the Customer will not be accepted and will remain in this condition at ORLOFF SA at the disposal of the Customer.
The products must be returned to ORLOFF SA within fourteen (14) days of the declaration of retraction in new unused condition and in their original packaging which also is required to be in perfect condition and sufficiently protected during the shipment. The return must also contain an original receipt or a copy of the receipt if there is a partial return of the order.
7.1. Following the exercise of the right of withdrawal, ORLOFF SA will refund to the customer, within thirty (30) days from the date of receipt of the goods, the full price of products, provided the returned product is in pristine like-new condition diminished from the cost of transportation return.
7.2 Refunds will only be made using the same means of payment used for the original transaction. A notification email would be sent to the Customer once the refund has been made. Only the customer will be entitled to a refund. Under no circumstances will a gift recipient be entitled to a refund.
8. NON-COMPLIANT ARTICLE
The customer must ensure that the items delivered correspond to his order.
The seller is bound by the guarantee for reasons of hidden defects of the sold articles which render it unsuitable for the use for which it is intended, or which reduce such up to an extent that the buyer would not have acquired it, or not would have paid a certain price should he had known them.
In the event that the delivered items are not in accordance with his order, it is recommended to the Customer to inform the Company within 24 hours of the reception of the good, by phone 210 5226152 from Greece or +30 2105226152 from abroad (from 9:00am to 5:00pm, Athens time, Monday to Friday) followed by a confirmation through email to [email protected] with the reason to the non-compliance of the article. In the event where an article could be thought to be not compliant, a return of the item(s) will be required. Returned items should be in their original packaging (or, at the very least, in the packaging which will provide equivalent protection for such items during their return transportation, in perfect condition, unused and accompanied by all accessories and documents supplied as well as the delivery note attached to items.
If the customer himself organizes the return of the article(s), by the means of his choice and at his expense, it is recommended that he would keep any proof of the return of the article by mail or by any other means with the cost of return. If the non-compliance of the article is proven, ORLOFF SA will take those shipping expenses on the Company. Reimbursement will be made to the customer’s bank account after the latter has sent proof of said expenses. In the absence of an option of the exchange of a returned item and if the customer does not wish to have a credit with the Company, the refund of the invoiced price of non-compliant items returned will be made to the customer’s bank account no later than fourteen (14) days after the receipt by the Company of the returned items.
It is expressly reminded to the Customer that the Internet is not a secure network. Under these conditions, it is up to the user, under his responsibility, to make all necessary precautions for the purpose of ensuring the confidentiality of personal information transmitted over the Internet. Users are therefore advised to handle their personal information with great caution, as well as to take all appropriate measures to protect their software, including from contamination by possible Internet viruses or the intrusion of a third party into the user’s equipment system.
ORLOFF SA cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including an interruption of service, external intrusion or the presence of computer viruses. This will include interruptions or delays on the Site due to maintenance work, technical failures, force majeure, intrusion by third parties or any circumstances whatsoever, regardless of its will.
This may also imply the impossibility of the customer or the Company to contact ORLOFF SA and / or to temporarily access the Site, due to force majeure, such as of computer breakdown, interruptions in the telephone network, the internet network, failure of signal reception of said internet network and other. Without limiting the scope of the foregoing provisions, ORLOFF SA’ liability hereunder may not exceed an amount equal to the amounts paid or payable in the transaction giving rise to said liability, regardless of the cause or form of the action concerned. ORLOFF SA is not liable for any breach of its obligations, as defined herein, resulting from a case of force majeure. ORLOFF SA will not be held responsible for any non-performance or delay in the performance of contractual obligations caused by events beyond the reasonable control of the Company.
10. LEGAL NOTICES AND LEGAL CLAUSES
The collection of personal information collected in the context of distance selling is mandatory. The information gathered is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential, it will be used by ORLOFF SA or its subcontractors, subject to the same obligations, for the processing of orders made. The absence of required information leads to the automatic rejection of the order.
The Consumer has a right to access, modify, rectify and delete personal information collected by ORLOFF AE concerning him.
To exercise this right, the Consumer can contact the Customer Service of the Company, either by email at [email protected] or by phone at 210 5226152 from Greece or at +30 210 5226152 from abroad (from 9:00am to 5:00pm, Athens time, Monday to Friday).
ORLOFF SA undertakes not to resell the Consumer’s details to third companies without its prior consent.
The Consumer may be required to receive from ORLOFF SA e-mails information on products and activities from ORLOFF SA in the form of Newsletter. The Consumer retains the right to refuse a posteriori such communication either by not giving his consent at the time of validation of the order, or by expressing his refusal by email to the address [email protected].
10.2. CONTRACTUAL INTEGRALITY
Together with these General Conditions of Sale and the order summary sent to the Consumer form a contractual entirety of the contractual relations between the Parties.
10.3. MODIFICATION OF THE PRESENT CONDITIONS OF SALE
ORLOFF SA may place cookies in the Consumer’s computer while browsing the Website. Those cookies enable ORLOFF SA to record information relating to the browsing of the Consumer’s computer on the Website (pages viewed, date and time of the consultation etc.). This also aims to provide a comfortable navigation and use of the Website, including the personalization of certain pages. The Consumer may oppose the registration of cookies by configuring his browser with a cookies prohibition.
10.5. APPLICABLE LAW – DISPUTES
The law applicable to these General Conditions of Sale and the related orders is the Greek law.
Any dispute that may arise on their validity, interpretation or execution and which has not been settled amicably by the Parties, will be submitted to the courts in the jurisdiction of Athens.