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Terms of use

Terms of use

TERMS OF PURCHASE AND USE

OF THE BODYTALK ONLINE

STORE

 

General Terms and Conditions

1. GENERAL INFORMATION

 

Welcome to our online store www.bodytalk.com where you can find all the products of the company under the corporate name "BODYTALK INDUSTRIAL IMPORT - EXPORT AND TRADE OF APPAREL S.A.", trading as "BODYTALK S.A.", with registered office at 36 Eirinis Ave., Tavros, Athens. TIN 999645202, Piraeus Tax Office for the Taxation of SA Companies, telephone +30 210 340000, fax +30 210 3400180

The display, presentation, sale, transport-storage, delivery and any returns of our products displayed on this website and the protection of your privacy and security of your transactions are subject to these terms of use, which we invite you to read before navigating eshop and making your purchases. Navigating eshopand making any transactions or communication with our company means that you unconditionally accept these terms of use. Should you disagree or have any reservation regarding some or all of these terms you may send the relevant email to eshop@bodytalk.com before starting your navigation or making a transaction; otherwise, it will be deemed that you have unconditionally accepted all the terms.

Our company reserves the right to amend, renew or upgrade at any time without prior notice to the user/consumer/visitor/member of eshop (collectively or alternatively): (a) all or part of these terms of use, (b) all or part of the contents of eshop, and (c) all or part of the interface, the structure or configuration of the eshopand its technical specifications. It is your responsibility to read them from time to time, as the Terms in force at the time of concluding the Contract (as defined below) are those to be applied.

The company also reserves the right, at any time without justification and without prior notice to the user/consumer/visitor/member of the eshop, to cancel, suspend or terminate the operation of the eshop. By navigating and/or using the services of the eshop, the user/consumer/consumer/member of the eshop acknowledges and accepts all the above unconditionally.

If you have any questions in connection with these Terms or the Privacy Policy please contact us using the contact form. The Contract (as defined below) may be executed, at your discretion, in any of the languages ​​in which these Terms are available on this website.

 

2. The information or personal data you provide us shall be processed under the Privacy Policies. By using this website you consent to the processing of such information and data and declare that all the information and data you provide are true and accurate.

 

3. Using our Website

By using this website and/or submitting orders through it, you undertake the following:

a. To use the website only for submitting legitimate questions or orders.

b. Not to place false or fraudulent orders. If we reasonably assume that such an order has been placed we may cancel it and inform the competent authorities.

c. To provide us with your email address, postal address and/or other contact details accurately and precisely.

You also acknowledge that we may use this information to contact you if necessary. If you do not give us all the information we need, we will not be able to process your order.

By placing an order through the website, you warrant that you are over 18 years of age and that you have legal capacity to enter into binding contracts.

 

4.  Contract of sale - Product Order

The information contained in these Terms and the details contained in this website do not constitute a selling proposition but rather a call for information. No contract shall be deemed to have been concluded between us with respect to any of the products, unless we have expressly accepted your order. If we do not accept your order and the money has already been removed from your account, then such money will be refunded in full without interest.

When placing an order you will be asked to follow the purchase process and click on the "CHECKOUT" button.  Then you will receive an email from us confirming receipt of your order ("Order Confirmation"). Completion of the order and acceptance of the order by us is confirmed upon receiving the email.

 

5. Product Availability

The products offered through this website are available only in Greece. All orders of products are subject to their availability. In this context, in the event of supply difficulties or exhaustion of stock products, we reserve the right to inform you, by telephone to the number you indicated or via email, of similar products of equal or higher quality and value, which you may order. If you do not wish to order such similar products, we will refund in full without interest the amount you may have paid.

 

6. Rejection of Order

We reserve the right to withdraw from this website any product at any time and/or remove or edit any material or content on this website. Although we make every effort to process all orders submitted to us, exceptional circumstances may arise under which we may need to reject the processing of an order after we have already sent you the Order Confirmation, which we reserve the right to do at anytime at our absolute discretion.

We shall not be liable to you or any third party for withdrawing any products from this website and for removing or editing any materials or contents of the website or for refusing to process or accept an order after we have sent you the Confirmation Order.

 

7. Delivery

Subject to the provisions of clause 5 above regarding product availability and subject to the occurrence of exceptional circumstances, we will make every effort to complete your order for the product(s) listed in the Order Confirmation until the delivery date specified in the Order Confirmation or, if no delivery date has been set, within the estimated time shown when selecting a payment method, and, in any case, no later than 30 days from the date indicated in the Order Confirmation. Product delivery is carried out through our partner carrier and their delivery time worldwide ranges between three and four (3-4) business days from the day following the Order Confirmation. We do not make deliveries on Saturdays and Sundays.

However, delays may occur in some cases, e.g. depending on the delivery area or in unforeseen circumstances.

If for any reason we are unable to meet the delivery date, we will notify you to this regard and offer you the option to either continue the purchase based on the new delivery date we have set or cancel the order and receive a full refund without interest.

For the purposes of these Terms, the "delivery" shall be deemed to have been completed or the order to have been delivered when you, or a third party at your instruction other than the carrier, have acquired the physical possession of or control over the products, which will be evidenced by the signature on the order delivery receipt at the agreed delivery address.

 

8. Non-delivery

If it is impossible for the carrier to deliver your order, then the carrier will leave you a note explaining where your order is located and what you should do to receive it and will contact you by telephone. If your order has not been delivered 10 days after the time it is available for delivery, for reasons not due to our fault, we will assume that you wish to cancel the Contract and the Contract will be deemed ended. As a result of having the Contract ended, we will refund you without interest any payments we received from you, as soon as possible and in any case no later than 14 days from the date on which the Contract has ended.

Should your order be lost by reason of the carrier’s fault we will notify you and arrange, if you still wish to complete the order, to replace the products and send you again the same products, otherwise we will refund you without interest any payments we received from you.

9. Transfer of Risk and Product Ownership

 

Liability for the products shall be transferred to you from the time you, or a third party acting at your instruction other than the carrier, have acquired the physical possession of or control over the products. Ownership of the products passes to you either upon collection by us of all sums due with respect to the products including delivery costs, or by delivery thereof (as defined above in clause 7) if delivery follows the collection.

 

10. Price and Payment

 

The price for each product will be the one specified at any given time on our website, except in cases of manifest error. We always take care to ensure that all prices on the website are accurate; however, errors may occur. If we find any error in the price of any product you have ordered, we will inform you as soon as possible and give you the opportunity to confirm the order with the correct price or cancel it. If it is impossible to contact you, we will assume that your order has been cancelled and we will refund you any and all amounts you have paid. We are not obliged to supply you with any product at the incorrect lower price (even if we have sent you the Order Confirmation), where the price error is obvious and indisputable, and can be reasonably identified by you as an incorrect price. The prices on our website include VAT but no shipping costs, where you are charged with Shipping Costs. Based on our company policy, we provide free shipping for orders over forty euros (€40.00) within Greece. A shipping charge of four euros (€4.00) applies to orders under forty euros (€40.00). Shipping is free for orders within the European Union for purchases over one hundred euros (€100.00). A shipping charge of ten euros (€10.00) applies to orders under one hundred euros (€100.00). Lastly, a shipping charge of thirty euros (€30.00) applies to all orders outside the European Union regardless of the value of the products purchased. Prices may change at any time; however, subject to those specifically mentioned immediately above, any changes will not affect orders for which a Confirmation Order has already been sent.

Once you have selected all the products you wish to purchase, these products will be added to your shopping cart; the next step is to forward the order and pay. To do this, you must follow the steps in the purchase process by filling in and verifying the information requested at every step. Further, during the buying process, before payment, you may change the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. The record with all your orders is available in "My Account". Payment can be made by cash on delivery, by credit cards Visa, Mastercard and American Express and through PayPal.

To minimise the possibility of unauthorised access, your card details will be encrypted. Once we receive your order, we will request a pre-authorisation for your card to make sure there is sufficient credit balance to complete the transaction.

Your card will only be charged if your order is sent for delivery from our warehouse. If payment is made via PayPal, the amount will be debited upon confirmation of your order.

 

When you press the button "Checkout" you confirm that your credit card is valid and has sufficient funds. Credit cards are subject to validation checks and authorisation by your card issuer. If your card issuer does not authorise payment, we are not responsible for any delay or non-delivery and we cannot conclude the Contract with you.

 

11. Return Policy

 

11.1 Cooling-off period

If you are dealing as a consumer, you may cancel the Contract within 14 calendar days without reason. The cooling-off period expires after 14 calendar days from the day you or a third party acting at your instruction, other than the carrier, acquire the physical possession of or control over the products, or after 14 calendar days, where more products have been ordered, from the day you or a third party acting at your instruction, other than the carrier, acquire the physical possession of or control over the last product. In order to exercise the right to cancel the contract, you may notify our company at the above address or call +30 2103400000, or email us at: eshop@bodytalk.com, or inform us of your decision to cancel this Contract by expressly stating so on our contact form (e.g. by sending a letter by post). To timely cancel the Contract you need only contact us regarding your right to cancel within the cooling-off period.

 

11.2 Results of Cancellation

If you cancel this Contract we will refund without interest and without delay, and in any event within 14 days from the day we were informed of the cancellation and return of the products to our company, all payments we received from you. The refund will be made by the same payment method you used for the original transaction. In any case, you will not incur additional costs for such refund. Notwithstanding the above, we may however withhold the refund either until we have received all products back or until we have received evidence that you have returned the products, whichever occurs first.

Specifically, in this case, the return and delivery of the products to us will be done by contacting us at +30 210340000 or email at eshop@bodytalk.com. Then you should call a courier service to collect the products from you and return them to the headquarters of our company. Once we receive them we will refund you, as specified in the previous paragraph and in any event within 14 days, the total amount of your purchases to your card or according to the payment method you have selected, provided the clothes are in good condition. You will only be charged with the costs of returning the products to us.  In this case the products cannot be delivered to BODYTALK retail stores.

You are responsible for any impairment of the products' value as a result of such treatment which alters their nature, characteristics and functionality.

 

The right can be exercised under the following conditions: The product must have not been used, the tags or labelling (e.g. stickers, brand labelling, etc.), which are placed on the products of clothing, footwear and accessories, must have not been removed. In addition, all products must be returned in perfect condition as they were when acquired without damage, without any defect (subject to the return of a defective product), complete and in their packaging (for items that are received in special packaging), and should also be accompanied by all necessary documents.

 

12. Return and/or replacement policy for defective products - Exchange of products.

 Our company takes every possible measure to ensure that all products (regardless of type) are packed specifically and carefully in order to reach you without damage. In very rare cases, however, it is possible that some of these products may have been damaged during shipment to you or you may receive a product with a defect. For this reason, irrespective of your right to cancel the Contract as above, which is not affected, we invite you to check the products upon receipt.

 If you receive the product without expressing a specific reservation it means that you have received the product from us unconditionally. However, if you find that there is damage and/or a defect in the product, then you can inform us by contacting by phone at +30 2103400100 or e-mail at eshop@bodytalk.com, stating to us whether you wish to have it replaced with a new one or you wish to rescind. If you wish to receive a new product in replacement, the new product will be sent at no additional charge.

 If the product you received is proven defective by the manufacturer, then: for clothes, shoes, apparel accessories you may request their replacement with the same or another product of your liking and/or the issue of a credit note, or a refund without interest of the payment where the product you want to replace is not available, provided you will send the relevant electronic order no later than five (5) days of receipt.

You can also exchange any product purchased from eshop, within fourteen (14) days, at any BODYTALK retail store except for the stock-houses.  Product exchanges can also be made by contacting us at +30 210340000 or sending an email at eshop@bodytalk.com. Then you should call our partner carrier to collect the products from you and return them to the headquarters of our company. Once we receive them, we will return to you new products of your choice of equal value with those replaced. An obvious condition is that the products that are being replaced must be in good condition. You are not charged with the cost of returning the products to us. 

 

 

13. Copyright

All contents of this website, i.e. indicatively and without limitation the texts, photographs, drawings, commercial and financial data, programs, any kind of files, marks/logos, the layout of BODYTALK, etc. are the intellectual property of the company and protected by the relevant provisions of the Greek and European law and the applicable international conventions on intellectual property. Under no circumstances should their display and visibility on our website be construed as a transfer and/or licence and/or right to use them. Accordingly, it is expressly prohibited to copy, distribute, transfer, process, store, reproduce, republish, modify and act similarly on the above items, in whole or in part, without the prior written consent of the company. Otherwise, the above actions may constitute infringement upon the intellectual/industrial property rights of the company, which reserves the right to claim any direct and consequential loss caused thereto according to the provisions of the applicable law.

The user/consumer/visitor/member of this website accepts and acknowledges that the company may commercially exploit (either itself or through third parties) all information displayed on this website and amend this information whenever it so wishes with or without prior notice to the users/consumers/visitors/members.

 

14. Personal Data

(a) Accuracy of personal data

Given that your personal data and contact information you provide to our site are extremely important for conducting your online transaction with us, since, as you know, these are, among others, the only way for our company to contact you for the performance of its obligations towards you and of the orders, you must be certain that the information you give us is absolutely correct and updated (in case of changes you must inform us). Our company takes every care to receive from you your accurate data and for this reason once you have filled them in you are asked to review this information and then send it to us along with your express consent of use of the data you provided. Therefore, our company shall not be held liable if any of its contractual or statutory obligations is not fulfilled properly and/or timely because the personal data you submitted are not accurate or updated. In particular, any notification that will be made to the email address and/or mobile phone you have given us (e.g. regarding product unavailability, etc.) will be deemed valid even if it is not delivered to you because of an error in the information indicated by you and/or a technical or other damage to your server and/or your phone and/or your network provider and/or a change in your data (if you have not timely informed us to this effect). The same applies to the contact and shipping address of the products and the fixed telephone numbers. In any case, you must update your data whenever they change.

(b) Registered users

In order to better serve you and facilitate your future purchases you must register as a user on our website upon submitting your first order request to our company. The information you fill in on the special form on our website remain in our company’s system. Therefore, upon submitting your first order request you are asked to open an account with us and create a user profile (full name, genre and date of birth) by using your own unique credentials (username & password). In this way you create your own unique page - registered user page - where the history of your purchases is recorded, you can track your new order request and the delivery of the product you have ordered, etc. When you sign up as a registered user, the company may install, and you as a registered user agree to such installation of, a session cookies system solely for the purpose of identifying you and your transactions in order to create your history as a customer that appears on your personal page that is visible only to you. The sole purpose of the above session cookies is to enable better management of your profile and your transactions, so that you need not re-enter your details each time you visit our website. The session cookies are deleted as soon as you unsubscribe (log out) as a registered user.

(c) Written consent

At the same time with filling in and sending the relevant form (either on the registration form or the order form) with your information you provide us your written consent for the use of the data contained therein for the purposes described in these terms under this policy on personal data. If you do not wish your mobile phone to be used for receiving messages (sms) informing you on the progress of your order you may either leave blank the relevant field when filling in the order form (optional) or send us an email to this effect at any time at eshop@bodytalk.com requesting to opt out of receiving such messages (sms).

(d) Privacy Policy

The protection of your personal data is very important to us and is treated as a top priority issue.

Your personal data are collected by us solely for the purpose of carrying out the transactions on our website and contacting you for completing your orders, invoicing you, serving the deliveries, executing your orders in general, handling your requests and sending information messages in relation to our products and services. All your personal data collected through our website’s dedicated electronic form are strictly necessary for the performance of the above services by us and subject to your full and unconditional consent which is provided when you send your personal data to us. It is understood that you are able to access your data at any time and request that they are immediately deleted and that you cancel your registration as a registered user. You may also exercise all your rights under Articles 11 to 13 of Law 2472/1997 at any time. In any case we keep your data only for as long as you are a registered user on our website and/or you carry out transactions with us and they are deleted as soon as you cancel you registration as a registered user and/or the transaction has been completed. Moreover, during your visit to our website session cookies may be installed on your computer to enable the recording of the items you put in your shopping cart, even before you register as a registered user in order to send your order request.

Your personal data will not be communicated to any third party and will be managed exclusively by our company. The sole exceptions are: (i) those data relating to the execution and clearing of electronic payments by credit card that are carried out by our trusted partners - financial institutions that follow all appropriate security procedures to safeguard your information, and (ii) the data that are absolutely necessary for the execution of your order (transport, storage, etc.) from our partner companies. However, all your data are protected and managed according to the terms and rules of the Greek legislation, in particular Law 2472/1997, and our company follows strictly all rules established by the relevant legislative framework. Under the above legislation, the data held by our company may be disclosed to third parties, the competent authorities, public prosecutors or other administrative services only according to the rules and provisions laid down in the relevant regulatory framework. In addition, all your data, information and transactions are governed by the principles of confidentiality of communications (electronic or otherwise) and trade and take all appropriate measures to protect and ensure their confidentiality during transmission and/or execution of transactions. The user/consumer/visitor/member of our website should also preserve the confidentiality of their data and not disclose them to third parties (even by negligence) or allow third parties to use their data. It is also recommended to change the password regularly. The company reserves all its rights with respect to any loss thereof arising from breach with fault of the above obligations of the user/consumer/visitor/member of our website.

Lastly, in order to complete the ordering process you agree to receive automated or personalised electronic messages both directly to your computer and personally at the email address and/or mobile phone you have indicated to us and any phone calls at the phone numbers you have indicated to us by our company’s employee(s).

15. Security of data and transactions

Our company acknowledges that the security of data and transactions is of high importance and therefore takes all necessary measures to safeguard them. The website protects its members against data fraud by encrypting the data. The customers’ information is not disclosed to third parties and during your navigation of the website they remain encrypted and therefore not visible to unauthorised third parties. Encryption applies to all stages and all transaction procedures and exchange of your personal data-information between you and our website. Moreover, during the process of payment by credit card the credit card’s information is protected by encryption. The information remains encrypted and is not disclosed to any third parties.

The codes by which you are identified are the following: (a) Sign in Code (email or username) and (b) Personal Secret Security Code (password), which provide you secure access to your personal information each time you enter them. You can change the above codes at any time and as often as desired. Your information can be accessed only by you by using the above codes and you are solely responsible for keeping them secret from third parties. You should immediately notify us if they are lost or disclosed, otherwise our company will not be liable should a password be used by any unauthorised person. For safety reasons we recommend that you change the above passwords regularly and avoid using the same and easily detectable codes, by using wherever possible not only letters and numbers but also symbols for creating your passwords.

16. Limitation of Liability

The user/consumer/visitor/member of our website completely and unquestioningly accepts the exclusive right of the company to terminate the use of the access codes for using the website services and terminate the availability of contents and information whenever the company deems that the user/consumer/visitor/member has violated these terms or that illegal acts or omissions are carried out or there is evidence or there are complaints that they are carried out by them. It may also terminate, suspend, modify the operation of the website, in whole or in part, permanently or temporarily, at any time with or without notice to the user/consumer/visitor/member. The company and its partners make every effort, as part of the technological control carried out regularly, to ensure that the services, contents and transactions on our website are carried out smoothly and without interruption and its high level of security is maintained. Nevertheless, it shall not be held liable if for any reason, including negligence, the operation of the website is interrupted or its access becomes difficult and/or impossible or/if despite the security measures in place, "viruses" or other malicious software is detected and transmitted to the user/visitor’s terminals, or if unauthorised third parties interfere in any way with the contents and operation of the website making it difficult to use it or causing problems to the correct operation thereof or stealing information relating to the personal data of the customers and registered users of the website.

 

 

Unless otherwise expressly stated in these Terms, our liability in connection with any product purchased through our website is strictly limited to the amount of the purchase price of the product.

 

Notwithstanding the above, our liability is not excluded or limited in any case where it would be illegal or unfair for us to exclude or limit, or attempt to exclude or limit, our liability. Notwithstanding the preceding paragraph and to the fullest extent permitted by law, and unless otherwise specified in these Terms, we assume no liability for the following losses, regardless of their cause:

a. Loss of income or revenue

b. Loss of commercial activity

c. Loss of profits or contracts

d. Loss of anticipated savings

e. Loss of data, and

 f. Loss of time management or working hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not provide any warranty as to the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly stated on the website.

All product descriptions, information and materials posted on this website are provided "as is" without any further warranty, whether expressed or implied, except for the statutory warranties. You should keep in mind that the purchase of clothing, footwear and accessories online presents differences in relation to the purchase of these items in the store. Therefore, the colours that appear on the website may differ or be affected by various factors, including the settings of your computer. In addition, all sizes are approximate. Accordingly, if you are dealing as a consumer or as a user, we must deliver products that comply with the Contract, being held liable for any lack of conformity at the time of delivery. The products are deemed to be in accordance with the Contract when: (a) they conform to the description and quality described by us on this website, (b) they are fit for the purposes for which products of this kind are normally used, and (c) they have the quality and performance which is normal in goods of the same kind and which is reasonably expected. To the maximum extent allowed under the law, we disclaim all warranties other than those in favour of the consumers and users which cannot be legally excluded. This term does not affect your rights as a consumer or User, or your right to rescind.

 

17. Links to other websites

Our website may include links to websites, for the contents and services of which our company shall not be held liable whatsoever and for which it cannot guarantee continuous and safe access. Therefore, should any issue arise during the visit/use of these websites, the user/visitor should be addressed directly to the respective websites, which shall be solely liable for restoring the issue concerned. The company shall not be deemed under any circumstances to accept or endorse the contents or services of the websites and pages to which it refers or to be linked to them in any way. The respective operator/owner of the website shall be solely liable for any issue arising from visiting the above websites.

18. Miscellaneous

(a) Alternative Dispute Resolution - Jurisdiction - Applicable Law - Any dispute concerning goods or services purchased online from our e-shop can be resolved electronically without going to court through the ADR (Alternative Dispute Resolution) procedure, as provided for by Joint Ministerial Decision 70330/2015, which transposed Directive 2013/11/EC into Greek law. Should you wish the electronic resolution of your dispute, you should contact the electronic address (http://ec.europa.eu/consumers/odr/index_en.htm) And follow the instructions provided there. Please be advised that the licensed Dispute Resolution Bodies in our country, which can resolve the dispute that may arise, are the Independent Authority “Consumers’ Ombudsman” (http://www.synigoroskatanaloti.gr) and the Ombudsman for Banking-Investment Services (http://www.hobis.gr).  All disputes that may arise regarding the operation and use of the website (if consensus resolution is not achieved) shall be subject to the jurisdiction of the Courts of the city of Athens. The applicable laws to all disputes regarding the interpretation and application of these terms and conditions and any other matter relating to the use of our website shall be the laws of Greece.

 

(b) Invalid term- If one of the above terms is or becomes invalid, the remaining terms of this Agreement shall not be affected.

(c) Amendments to the Terms of Use - These terms of use may be amended at any time by the company with or without prior notice. Any amendment to the terms shall apply upon posting them on our website. Our users/members are required to inform themselves about the content of any amendments/changes to the terms.

(d) Interpretative term - Where anywhere in the present a monetary refund and/or credit to the customer’s bank account is provided for, this shall be always understood to bear no interest.

(e) Headings - The headings used in these terms of use are set for the purpose of convenience of reference to the terms and are not intended to assist in the construction of the Agreement.

(f) Delay in exercising a right - Any delay by the parties (company and consumer) in exercising part or all of the rights under these terms does not result in weakening or waiver of that right which may be exercised at any time at a later stage and at the reasonable discretion of the beneficiary.

(g) Acceptance of terms- The user/consumer/visitor/member of the website represents that they have read these terms and accept them in full and that they acknowledge that these terms govern all services provided by it during their navigation/transaction through this website.