Terms and Conditions

GENERAL TERMS & USE OF WEBSITE

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Α. General

1. The present general terms are valid and binding for every user who browses the website and its parts that are posted on the Internet under the domain name “https://www.esmerel-handmade.com/” as well as in every other website that has been posted in a secondary domain (subdomain).
2. Browsing this page and using any information or services this page contains, constitutes an unconditional acceptance of the present terms, which are available with no restrictions to all users to read and study them, at a part of the web page where, according to the average person’s perception and experience, are usually situated, that is at the footer of the web page, via the hyperlink “https://www.esmerel-handmade.com/terms-and-conditions”.
3. The present web page is the area for the presentation, promotion and operation of the e-shop of Esmerel Handmade Creations, as it contains information about the enterprise and its organization, as well as the e-shop itself through which the customers can contract with the enterprise and virtually purchase the products available for sale, according to the specific provisions below.

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B. Content that does not constitute the website’s owner

1. The content posted under the categories with the title “About” constitutes a short presentation and relevant information regarding the enterprise that administers the website and the e-shop contained therein. The aforementioned content in no case forms a part of the e-shop and the enterprise reserves the right to amend this content at any given time, with no previous warning and at its own discretion.
2. The content posted in sections under the title “News” or “Blog” is current informative content regarding the, blog (news feed) and information regarding other services provided by the Seller apart from the web-based ones that are independent of the e-shop.
3. Any alteration of the content of the aforementioned sections does not constitute an alteration of the legal entity of the enterprise, nor it constitutes a reason of error regarding the identity of the counterpart through its e-shop, as below defined according also to L. 2251/1994.
4. In the case that the website user is not a consumer but a candidate partner and wishes to submit a CV, art resume, proposal for cooperation , the enterprise is bound before every candidate to obey the obligation of discretion and confidentiality regarding the submission of the application and relevant CV / cover letter, according to the provisions of L. 2472/1997 as amended and in force today for the protection of personal data. CVs and cover letters that are not sent as set in the respective section of the website (email to esmerelhandmadecreations@gmail.com) shall not be taken into consideration.

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C. Definitions

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1. For ease of reference the following definitions will be used at the wording of the general terms of transactions hereafter:
2. As “e-Shop” is defined the electronic, web based shop that sells products and artwork, that has been posted and operates in the present web site, accessible via the following hyperlinks:
“https://www.esmerel-handmade.com/” for artwork produced in one copy only and for artwork in production line, handmade or not.
3. As “Seller” is defined the legaly registered business in Greece:

Karadeni Emel and Trakas Konstantinos, residents of Kos Island, Greece, VAT 802320460 falling under the Public Finance Department of KOS, under the name ESMEREL CREATIONS OMORRYTHMI ETAIRIA, are the exclusive administrators of the present website and counterparty seller for every selling agreed through this website.
4. The GENERAL BUSINESS REGISTRY NR (GEMI) IS 174267320000

5. As “Buyer” is defined every user of the web site that browses through its sections either he/she contracts with the Seller with the purpose of purchasing products or not.
6. As “Contract” is defined the present text with all its sections.
7. As “Products” are defined, indiscriminately, all art work for sale, either produced in one copy only or not, the usable makings, hand-made or from a production line, etc. by the e-Shop.

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D. The website – Artworks Presentation

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1. The present general terms of transactions (Contract) cover all transactions made through the present e-Shop and, in general, every aspect of the sale of products available for purchase by the e-Shop’s Buyers.
2. Amendment of the Contract, or purchase of products under the contingency of such an amendment is ruled out. The Seller is not obliged to examine or accept any request from any Buyer for the amendment of any chapter of the present Contract.
3. The Seller posts the Products for sale in various categories. It is possible that the same product is posted in two different categories simultaneously. The sale of a product is regarded solely as retail sale.
4. Every Product available for sale is presented to the Buyers in a unique post that includes a representation of the artwork in one or more photographs.
5. In this unique post the following will be clearly displayed: the price of the product which includes the fiscal charge of the current VAT rate, the ability to select special properties – if available -, an analytic description of the product and its technical specifications, its dimensions and, if it does not concern a product produced only in one copy, the quantity in pieces (order number) the Buyer wishes to purchase in pieces as well as any other attributive information concerning the product, according to article 4, L.2551/1994, as amended in force.
6. The sale price next to each item does not include any packaging and transportation costs for which the Buyer is informed at the final stage of order and depending on his/her specific selection concerning the method of delivery of the Product or the Products.
7. The Seller reserves the right of unlimited amendments of the description and the price of each Product, the sole indication – post of which does not constitute a proposition of contract. The sale price of a product is agreed as final after the completion of the order an behalf of the Buyer and not simply by adding Products in the basket. In case the price of a Product is altered for any reason after the completion of the order, the Seller undertakes the obligation to inform the Buyer in writing, who in turn reserves the right to withdraw from the sell of the Product, to ask for a credit note to be issued according to the “Code of Tax Representation of Business transactions” (K.F.A.S), or for a refund in cash, in case he/she has already paid the Product’s price of purchase.
8. The Seller possesses a secondary software for social interaction between each product presented and the Buyer, such as a hyperlink of sharing the Product via e-mail, social media etc.
9. The Seller has no responsibility for a potential inability of the User to share the hyperlink of a Product from the e-Shop, since this inability in no way stems from the Seller’s software, nor it exists in the Seller’s sphere of influence; it concerns services and software that are managed by third party service providers in the information society.
10. Similarly, the Seller bears no responsibility for the accuracy of the content of the web pages posted on the Internet by the designers of the Products that the Seller sells through the e-Shop, to which the Seller, at its absolute discretion, can refer with a hyperlink.

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E. Contract of Sale – Availability – Shipping / Delivery of Products and Payment Methods

1. For the purchase of a product the Buyer has the option to create a user account or proceed with a single one-off check out. The personal data collected by the Seller through the aforementioned account, will be used solely for the purposes of the execution of the sale contract of the the Products and their processing is governed by the special provisions of the present Contract.
2. Adding Products to the “Basket” constitutes a simple preparatory action and does not constitute a proposal for a contract. The proposal for a contract of sale is realized by sending – confirming the order to the Seller’s server, after the Buyer has selected the way of delivery of the Products.
3. The contract of sale is formed only by sending to the server that serves the Buyer’s email address a confirmation message regarding the availability of the Products and the preparation for their dispatch, according to the method the Buyer has selected.
4.With the conclusion of the contract according to the above, the Seller undertakes the obligation to render the Products available for delivery to the Buyer, based on the particular terms and agreements that govern the time and place for their delivery.
5. The Seller has the right not to conclude the contract of sale with the Buyer, after receiving an order in which the latter, expresses in writing his/her reservations to accept the present Contract, either in total or of clauses – parts of it.
6. Posting a Product for sale implies that the Product is immediately available or the ability to offer it within a reasonable time frame which is optional to indicate. In the case that the Seller, without responsibility, cannot provide for sale any of the Products that are posted on the e-Shop, undertakes the obligation to inform the Buyers with a relative post and in the case of an existing sales contract, i.e. post contract non guilty inability to offer the Product (s) , the Buyer reserves the right to withdraw from the contract, to credit or return of the amount paid.
7.The Buyer can select the method of payment for the price of the Products.
Either by bank deposit in the Seller’s bank account that is made known to the Buyer during sending – confirming the order – purchase of the Products, οr by credit card, οr by PayPal, according to the special terms and agreements that govern payments through PayPal [refer to PayPal website relevant section, https://www.paypal.com/gr/webapps/mpp/ua/legalhub-full ]
8.In case of agreement for crediting the amount, special terms and conditions will be enforced, according to a new agreement between the parties. The Seller, in principle, neither agrees nor accepts credit sale for its Products. A special agreement between the parties is not excluded.
9.In case of selecting the bank deposit to the Seller’s account as payment method, the Buyer undertakes the obligation to notify the Seller by email to esmerelhandmadecreations@gmail.com – for submitting the payment order via e-banking or for the direct deposit at a bank branch.
10.Payment by credit card is performed with the use of an e-banking software of a financial institution (bank) and the seller undertakes no responsibility for the operation and security of such software. During the transaction, the Buyer recognizes and accepts that he/she transacts directly with the Bank and the Seller has no influence or intervention, nor could have, over the whole process of data input of the credit – debit – prepaid card of the Buyer. For any damage caused by the operation of the web based payment system, the Buyer agrees and accepts that he will address solely the bank that provides the aforementioned system as a mean of payment.
11.For any damage or loss that the Buyer might suffer due to the use of the software of the financial institution or due to malware installed intentionally or unintentionally in its system, it is agreed that the Seller has no responsibility nor the Buyer has any claim against the Seller due to that cause.
12.The Seller does not save nor it will ask to save the data of the Buyers credit or debit card, either through the user’s profile-account, or through telephone communication, or through email, or through any other service of the Internet. The Buyer is obliged to be aware of the above and protect own self from any action of any third party that might / could fake the ID of the Seller and through any method, automated or non-automated, of active or passive activation of any software (malwrare included) to attempt access to security data of credit or debit cards or security passwords of the Buyer.
13. At any case, the Seller will send and deliver the purchased Products within the agreed time, starting from the value date of the funds actually transferred into the Seller’s account and not from the time the payment /transfer order was submitted.
15.The Buyer selects the shipping method of the Products during the submission of his/her order: (a) either through any of the Seller’s stores, or (b) or delivered to the address the Buyer indicates to the Seller when submitting the order.
16.The Buyer undertakes the obligation to pick up the Products purchased from the Seller’s stores within five (5) working days the latest from the agreed delivery date, having paid before the price for their purchase. In any other case the Buyer becomes overdue and is solely responsible for the danger of destruction of the Products. The Seller also reserves the right to withdraw from the sale contract, without excluding the right of the Seller to request compensation for every damage suffered because of the purchase of the Products.
17. The Seller, under (b) undertakes the obligation to transport and deliver the Products at this address with its own mean of transportation or with a contracted third party (courier service). The Products travel at the Seller’s risk and the Buyer agrees to cover the transportation costs, as this is explicitly defined and made known during the electronic submission of the Buyers order to the Seller.
18.The transportation cost is a part of the total price – value of the Products for sale and refusal of its payment constitutes non-payment of the Seller, thus granting the right to the latter to ask the Buyer to receive the Products sold from the Seller’s stores on a specific date. In case the Buyer refuses to receive the Products he becomes overdue and bares the danger of their destruction.
19.Before dispatching the Products the Seller can contact the Buyer even by phone, based on the contact details the Buyer itself has provided the Seller for processing, in order to agree on the specific time and location of the delivery.
20.In case the delivery address for the Products is wrong, or for any other reason the delivery of the Products does not take place for reasons that do not belong in the sphere of influence of the Seller, and in any case without the Seller’s liability, the Buyer accepts and agrees to be charged with the extra cost of every other attempt to deliver the Products.
21. Products will be picked up solely from the Buyer or from a third party duly authorized in writing by the Buyer, who latter also undertakes the responsibility to notify the Seller accordingly. In any case, this person must not be lacking capacity to contract (adult).
22. The Buyer or a third person duly authorized, undertakes the responsibility to check the Products before pick up for any external defects or other visible wears.
23.The Seller bears no responsibility and the Buyer recognizes and accepts that he/she has no claim against the Seller for any wear of the Buyer’s property, damage, loss, physical injury or loss of life of themselves or any other person acting as the Buyer’s employee or agent that may occur due to the use of the Products, regardless of the existence or not of the Buyer’s guilt or of any third party concerning the occurrence of the harmful event.
24. The Seller does not undertake, nor offers, or provides any type of guarantee or reassurance regarding the suitability for the intended purpose of purchase, the way of use of the Products, that lie exclusively and solely on the Buyer’s discretion and exclusively and solely on the Buyer’s sphere of influence.

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Download the withdrawl Form (shown as well in the footer of the home page)

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H. Special Responsibilities & Obligations of the Buyer – User

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1. Further to the responsibilities and obligations of the Buyer as agreed above by the contracting parties, the Buyer and every user of the website undertakes the obligation to compensate the Seller for any loss or damage that the latter will suffer due to fraudulent or gross negligent behavior of the former, to pay any compensation set by judicial order or by extra judicial compromise to third parties due to the Buyers fraudulent or negligent behavior. The present procedural safeguard clause is implemented in favor of every other entity, legal or physical that is an employee, dealer, representative, or in general agent of the Seller.
2. Especially for the use of the website, the Buyer undertakes the obligation to use its services and browse in it, according to good faith and honest practices, not to violate the general obligation of obeying moral and ethics of Internet Users while interacting with the services provided by the e-Shop, not to attempt to acquire illegal access to the server that hosts the e-Shop or to its level of administration, not to create artificial traffic to the server and, in general, not to act in a way that could set the website (e-Shop) offline, or undermine its response time, or its browsing speed, or its interaction with its database, or to endanger the above, either through the worldwide web (www) or by sending messages of electronic correspondence (emails), either through every known way today, or even unknown way that could causally achieve or risk to achieve the same result.
3. The website and its content are provided “as is” and the Seller undertakes no obligation or responsibility, nor guarantees in total:
a) the accuracy, quality, completeness and validity of its content as a whole,
b) any content that might come from third parties and is entered automatically in it, or refers to other websites (hyperlinks),
c) that the website is provided through a server, free of viruses, malware or other similar applications.
4. The Buyer and every user of the e-Shop undertake the obligation to take all measures to protect themselves from viruses, malware or other similar applications. The e-Shop hyperlinks that refer to other websites are provided only and exclusively to facilitate the users. Any citation of a hyperlink does not mean that the Seller knows, or recognizes or accepts the content of the websites to which the hyperlinks refer. The Seller undertakes no responsibility regarding any type of damage that might occur to any e-Shop user, directly or indirectly that is linked to the use and retrieval of its content.
5. Without excluding the legitimate uses of the e-Shop’s content, it is not permitted to store permanently in a storage medium, to print or reproduce at any way and in any medium the total or part or layout of the e-Shop for aims other than its legitimate use.

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I. Processing and Protecting Personal Data

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1. The Buyer accepts and agrees that in order to conclude a sales contract with the Seller through the Store, it is mandatory that he/she creates a user profile, that is a “customer’s profile” where it will be requested to fill in every information necessary for the purposes of concluding and executing the sales contracts with the Seller.
 

2.The Buyer undertakes the obligation to declare to the Seller a valid email and postal address, while recognizes that every false statement constitutes the execution of any selling contract impossible, without prejudice of the Seller to request compensation from the Buyer for every incidental damage the Seller suffers due to this wrongful act.
 

3. The Buyer is the sole responsible for safeguarding the password for accessing the user profile he/she will create. The process is automated and the User recognizes that the Seller cannot intervene in the process of identification for entering the e-Shop, nor is able to know the password – user code that the User has selected.
 

4. The Seller possesses the personal data that the Buyer enters in the Customer’s Profile (First Name, Last Name, Home Address – Delivery Address – email) and, as a result, is responsible for their process according to L. 2472/1997. Every use or process by the Seller of such data and all other data concerning the Buyers and their digital footprint in the e-Shop, is done solely according to the provisions of L. 2472/1997 and L. 3471/2006, as amended and in force today.
 

5. The Buyer has the only and total control over such data and can amend it or delete it from his/her account without the Seller’s consent or agreement.

6.If the Buyer wishes that all the data concerning him/her to be deleted by the e-Shop, he/she may contact the Seller via email and exercise his/her right of oblivion regarding the digital footprint of his/her account and the data produced with his/her registration and interaction with the e-Shop that are stored in the Seller’s servers. The Seller will delete all data and cancel the Buyer’s account within 7 days. The Buyer reserves the right to register again by creating a new account.
 

7. In order to exercise the aforementioned right and in order to express objections regarding the processing of personal data of the Buyer according to article 13 L. 2472/1997), the latter may contact the Seller and the persons duly authorized for this, by email at esmerelhandmadecreations@gmail.com under the subject «Ojections of Article 13 Ν. 2472/1997»
 

8.Concerning the Seller’s communication with the Buyers in order to inform them about the Products that the seller provides via the e-Shop, by implementation of article 11, L. 3671/2006 as amended by article 172 of L. 4070/2012, and in conjunction with the Directive 2/2011 of the Hellenic Data Protection Authority, the Seller reserves the right to send at the email address of the Buyers informative and advertising newsletters, since it is agreed that the ability of opt-out / unsubscribe) is provided to each Buyer in a clear and explicit way, easy and at no charge, as well as in every relevant message, in the case that the Buyer did not initially objected to this use from his/her account settings.

9.The Buyer agrees and accepts that the Seller may collect statistical data regarding which products the Buyer purchases or browses more frequently and how many times does the Buyer visits the e-Shop or shares the Products’ hyperlinks in the social media.

10.The Buyer accepts and recognizes that the e-Shop, in order to achieve full functionality of the account – profile of the client, to realize – conclude contracts of sale and in general for the website operation and due to the lack of other medium milder or of different technology, stores temporarily in the cache memory that interacts with the browsing – navigation software, cookies that store anonymously data that concern the navigation – browsing of the website or the operation of the e-Shop’s software and interact with the software at each visit of the Buyer.

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This website has been created in a Wix platform and here are which cookies are placed:

• Essential Cookies:

  • XSRF-TOKEN: Used for security purposes.

  • hs: Ensures connection security.

  • svSession: Tracks user sessions on the site.

• Analytics Cookies:

  • _ga: Associated with Google Analytics; used to distinguish users.

  • _gid: Associated with Google Analytics; used to distinguish users.

• Marketing Cookies:

  • fbp: Used by Facebook to deliver a series of advertisement products.

  • ssr-caching: Indicates how a site was rendered.

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11.The Buyer accepts the installation of these files on the storage space of the device – computer that he/she uses for browsing in the e-Shop.

12.The Buyer knows or is obliged to know, in case he wishes to restrict the storage of such files in his / her system, the way to achieve the desired result – level of protection, depending on the browsing – navigating software he /she uses and its settings. In this case, the Buyer acknowledges and accepts that due to the implementation of this restriction, it is possible that the Buyer will not be able to conclude contracts of sale via the e-Shop with the Seller, until the lift of the ban of storing “cookies”.

Ι.Industrial and Intellectual Property
1. Logos and trade marks that are posted on the website, either via the Product images or in any other section of the present website, constitute Industrial and Intellectual Property of the website’s owner.
2. The website’s owner is the proprietor of every right of industrial property in the sense of the national and European legal framework in force concerning the website, indicatively but not limited to the name and the logo of the website “ESMEREL HANDMADE CREATIONS”, the logo illustrating the name, the particular method of making transactions, etc.
3. Any downloading – exporting of images from the website, either concerning Artworks or structural graphics constituting the image of the website to the Visitor is strictly prohibited without the written permission of the Website’s owner.
4. Over the texts and photographs that are posted on and embodied in the Website, the website’s owner as their sole creator or exclusive proprietor, bears the total of intellectual rights (moral or/and economic) according to the provisions of L. 2121/1993 as amended and into force.
5. Reproduction of the texts on the Internet or on another document, either in total or partially, is permitted without the written consent of the enterprise, exclusively for non-commercial purposes, direct or indirect, without any interference or alteration of the content of each text and with the obligation of reference to the source, i.e. the website “https://www.esmerel-handmade.com/”. Any other use of these texts is permitted only with a special written agreement of the website’s owner.
6. The aforementioned way of provision of the content is implemented only on the texts of the blog and of the section of ABOUT (photographs excluded) and is under voluntarily limitation of the rights stemming from L. 2121/1993 and is legally reflected on the precise content of the license Attribution-NonCommercial-NoDerivs 3.0 Greece (CC BY-NC-ND 3.0 GR) [https://creativecommons.org/licenses/by-nc-nd/3.0/gr/deed.en_US]
7. No other reproduction through any means, printed or digital is allowed without the prior written consent of the website’s owner according to the aforementioned, except the methods available on the present website regarding reproduction on social media through automatic copying of the content, of the hyperlink that directs to it or via RSS. In case the ability of automatic reproduction, according to the above, is not activated, the website’s owner prohibition for this is presumed.

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J. Force Majeure

1. In case of event of Force Majeure, as defined by the Civil Code and the Legislation of the Greek Courts, with a duration of more than 15 consecutive days, each contracting party reserves the right to withdraw, without any liability incurring, from every sale’s contract that has been contracted through the e-Shop and causally, i.e. due to the event, cannot be fulfilled. Any unduly paid amount will be returned by the Seller to the Buyer within thirty days from the withdrawal from the contract of sale, according to the provisions of the present chapter.
2. The Seller is entitled according to their absolute and exclusive discretionary power to postpone the operation of the e-Shop and not to accept any new orders while an event of Force Majeure takes place, without any prior notification of the Buyers.

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L. Final Provisions
1. The Contract is given to the Buyers “as is”. The declaration of will of the Buyer to the Seller through which the present Contract is accepted, constitutes of the browsing procedure (browse wrap) as such and of the purchasing procedure (click wrap). Partial acceptance or acceptance with reservation of the Contract is ruled out.
2. Refusal of acceptance of the Contract entails the Buyers’ obligation to stop any use of it (browsing – navigating) and not to submit any order to conclude a contract of sales.
3. Any dispute that shall accrue from the execution of the present Contract Terms regarding the usage of the E-Shop it is agreed from today that shall be solved amicable through the constitution of mediation, according to Law 3898/ 2010 (OGG – Official Government Gazette Α’ 211/16.12.2010): “Mediation In Civil and Commercial Disputes”, as amended until today (OGG – Official Government Gazette Α’ 237/5.12.2012). At the case that the above ADR procedure fails, the Courts of Athens or Dodecanese shall have the exclusive jurisdiction to rule and resolve the dispute.
4. In the case that one or more of the provisions of the present are found null, then this nullity is valid only for these provisions and not for the Contract in total.
5. The contracting parties agree that the present Contract is in force and covers all issues that regulates from June 01, 2024 onwards, while it abolishes and prevails over any previous one in the future.
6. This text is a true translation in English of the original which is composed in Greek and the latter prevails at the case of any interpretation issues or contradictory provisions.

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