TERMS & CONDITIONS
Ι. GENERAL TERMS AND CONDITIONS OF DISTANCE SELLING AND CONTRACTUAL AGREEMENTS THROUGH THE WEB STORE
The website http://www.befearless.it is a web store selling goods through the internet (“Store”) created and operated by the sole proprietorship named ANGELOPOULOS DIMITRIOS TOU GEWRGIOU. For more information regarding us, please read: Ι.1 «Contractor».
The following terms and conditions will apply regarding the use of the web store http://www.befearless.it. Anyone entering and trading or using our Store’s services (“User” or “Customer”, depending on whether one purchased a product) acknowledges that they are fully aware of the terms and conditions and, on placing any purchase order for any products agrees to be bound by and accept the terms and conditions listed below, without any exceptions. If a User does not agree with these terms, they should refrain from entering and using the Store, as well as placing any orders or using any services the Store provides.
These terms and conditions are subject to change, although any order placed before any change was made is not affected. Any changes in terms of sales are binding after being posted on the Store, and any order placed before that date is unaffected.
The contractor regarding every order placed through the Store http://www.befearless.it is the sole proprietor:
ANGELOPOULOS DIMITRIOS TOU GEWRGIOU
K. PALAIOLOGOU 54
14671, NEA ERYTHRAIA GREECE
VAT NUMBER: EL158579261
TEL: +30 2106205183
In regards to the aforementioned General Terms and Conditions of Use and Sale the terms «http://www.befearless.it/store», «http://www.befearless.it», «FEARLESS», «company», «store», «we», «us» refers to the above proprietor.
2. CONTRACTUAL AGREEMENT
Products shown in the Store do not represent a binding contractual agreement, but merely an invite for a binding offer. When a Customer submits an offer, by selecting the order option, they submit a binding offer for a contractual agreement. The confirmation of said order does not imply a contractual agreement. The final acceptance of your offer takes place, depending on the selected payment option, by charging the requested amount in the specified credit/debit card, the payment order or the shipment of the selected goods.
For submitting an order via the Store http://www.befearless.it the following are required:
Α) Filling a registration form for a contractual agreement or buy as a guest (no registration required)
Β) The unreservedly acceptance of the terms of sale and the conditions posted on the website.
Orders are accepted only by Customers over the age of 18.
An order is completed after the 3 following steps:
Step 1: Select throughout the websites’ pages every product to buy, choosing its size, colour and printing, and adding it to the “Cart”, where every item for purchase is saved.
Step 2: Here, you are asked to log-in, in case you are a registered member, or make a new registration, by filling the specified information. You are given the option of buying as a guest, by providing the necessary information for every purchase.
Step 3: You are asked to provide the following information, regarding:
if you want a receipt or invoice,
billing address and information, and
shipping address and information, should it be different from the billing address
Detailed payment options are listed in the following section Ι.2 «Payment Options»
To finalize your order, you are asked to accept the terms and conditions of the sale, which we urge you to read before completing your order, and then you can press the «Order» button. You get to review your order before it is completed.
Once you have placed your order, you will receive a confirmation e-mail that verifies we have received your order and states its information ("order received"). In case you do not receive a confirmation e-mail, or a call by our representatives to confirm your order, you are inquired to inform us without delay, as it is possible that there is something wrong with the contacting information you have provided. We are in no way responsible for any misinformation provided resulting in us being unable to contact you.
For the facilitation of anyone willing to order from our store, we offer the following payment options:
- Credit/Debit/Prepaid card issued by Visa, MasterCard, Maestro, American Express & Diners
- Bank Transfer
Regardless of the selected payment option, you will receive a receipt or invoice via e-mail. The overview of your order does not constitute an invoice.
We reserve our right to exclude certain payment options in select circumstances.
Shipping / Delivery
The shipping of any order takes place in Greece, and is handled by ELTA Courier. For delivery to Cyprus the orders are handled by Skynet Express and for the rest of Europe by UPS. Provided that an order is accepted and the products are available, it is usually delivered within 1-3 workdays. By completing your purchase, you receive a tracking number, with which you can track your order in ELTA Courier, Skynet Express, or UPS website respectively.
In case of an error regarding your order (wrong product, pricing, etc), you are to inform us by contacting:
Phone: +30 2106205183
In case of a worn-out product, we urge you to report said product to the employer of the shipping company immediately and to document the state of attrition. This does not limit your right of warrant.
You can decline the acceptance of worn-out products, or return them to us. Please, do not hesitate to reach out to us for further information.
Phone: +30 2106205183
The delivery address is stated by the customer. Possible loss of goods lies with the customer upon accepting the delivery.
If, due to force majeure (i.e. adverse weather conditions, strikes, etc.), we are unable to deliver your products at the appointed time, we will contact you through e-mail in order for you to confirm whether you wish the completion of you order or not, under said circumstances. We shall not be liable for any situation arising without our fault and shall do whatever is humanly possible for your best service.
FEARLESS shall not be liable for any delay in delivery caused by the shipping company (and its associates).
Shipping is free for orders over 15€ and there is a 5€ fee for lower order cost. Shipping cost regarding Greece is free for orders over 15€ and there is a 2€ fee for lower order cost. Shipping cost regarding Cyprus is free for orders over 15€ and there is a 5€ fee for lower order cost.
Retention of Τitle
Title to the goods shall remain vested in us and shall not pass to the customer until the purchase price has been paid in full and received by us. To safeguard said retention, we may demand immediate delivery of the good, excluding all kinds of retention, unless counterclaim is undeniable or otherwise legally disputed.
If you change your mind before delivery, you have the right to cancel your order.
To cancel an order, send a mail to this address: email@example.com or call: +30 2106205183 (local landline charge according to your telecom provider's pricing policy).
If the order has already been paid in full, and it is not yet dispatched by the shipping company, we shall refund you completely in the same manner of payment.
In case your order has been shipped, you will be refunded, in the same manner of payment, when the products are returned to us.
4. RIGHT OF WITHDRAWAL
Every client by their status as a customer, according to the provisions of the applicable law (Greek Law article 1 n. 2251/1994), retain the following right of withdrawal.
Right of withdrawal does not apply to contracts regarding supply of goods that are not standardized, or production of which is custom made and adjusted by the personal needs of the buyer.
Should you change your mind, after receiving the goods, you may withdraw from the sale.
You may return the goods you have purchased within 14 days of delivery, with the receipt of purchase, order form, order confirmation e-mail, or card stub (in case the payment was via a card).
To return the goods, you may send your inquiry in writing, by filling this form at: firstname.lastname@example.org. For any information you may need, you can contact us at: +30 2106205183 (local landline charge according to your telecom provider's pricing policy).
If you are unable to return the goods you have purchased from our on-line store, our collaborating shipping company can accommodate you for a charge, same as the one that was charged for the goods to be shipped in the first place. Whichever method you choose to return the goods, the claim of withdrawal is set at the date it was submitted to us.
Withdrawal is unexcused and comes with no charge. Should the goods be delivered, the buyer is to return said goods, in perfect condition, to the total of its parts, forms included, and the packaging in mint condition. Goods returned are only accepted when the buyer has paid all shipping costs regarding the return.
Goods returned have to be in perfect condition, and the package closed. The expenses regarding the return fall to the buyer, unless a warranty due to factory defect covers said cost. If you were to open the product, you have to ensure that it is in perfect condition when returned, and all parts included. You have to ensure the quality of the goods until they are delivered to us, or the collaborating shipping company.
Besides the rights due to the return policies, every right regarding the consumer as stated by the legislations and laws regarding the contractual agreement applies, as well as any right that comes out the customer’s right of withdrawal.
In case of withdrawal, you have to fill the following form.
In case you qualify for a refund, we will reimburse you for the products returned the same way the transaction was originally completed, unless you wish for a different way, that you will inform us in writing.
After a withdrawal, in some special cases, we may be unable to reimburse you the same way the transaction was originally completed. In such a case, we will reach out to agree on another way of payment. You will, in no way, bear any additional costs.
The reimbursement of the returned products takes places as soon as possible. The act takes place after you have informed us, in writing, for the withdrawal and we have received the products no later than 14 days, should they have been delivered to the collaborating shipping company.
You are expected to cover loss of or damage of goods, should it take place after any unnecessary handling or quality/functionality testing.
ΙΙ. GENERAL TERMS AND CONDITIONS
1. MEMBER REGISTRATION
Registering as a member is the convenient thing to do, in order to make a purchase from our e-shop. The process is fast and simple: after adding an item to your basket and proceeding to checkout, the system asks if you would like to register as a new member. By adding the required information (first and last name, address, zip code of your current address, phone number, email) and accepting the current Terms and Conditions, you become a member.
2. NEWSLETTER SUBSCRIPTION
Subscribing to FEARLESS’s newsletter is done out of your own volition and is not an obligatory procedure for the action of purchase from our e-shop or for the supply of any other services, including the browsing of our website.
FEARLESS bears no liability should the newsletter fail to be delivered, even though we try our best regarding the ISPs (Internet Service Provider) to ensure said delivery. The newsletter may end up in the Spam folder, so we would urge you to check your incoming filters, to avoid it being stored there. Should you no longer want to receive our newsletter, you may unsubscribe by contacting us via the Contact Us link in our website, or by selecting the specified link attached to the newsletter you receive.
3. USE OF LINKS/HYPERLINKS
Our website may include links/hyperlinks redirecting to different websites. Under no circumstances is it implied that we condone or accept the content or services of any website redirected to by these links and we disavow any and all responsibilities regarding the content, privacy policies, quality of content and services of third parties. Additionally we bear no responsibility for the accessibility or not of these links, their policy regarding personal information, their quality and fullness of their information and services.
4. INTELLECTUAL PROPERTY CLAUSE
FEARLESS’s whole content regarding the website and the store (including, but not limited to, texts, graphics, photos, images, trademarks, distinctive features, names, logos, etc.) used to describe our products and services are assets owned by FEARLESS, or are intellectual property owned by FEARLESS, or third parties that FEARLESS has received license to use for its exclusive needs and functions of the website and are under the specified guidelines issued by the Greek/European law regarding international contracts.
It is forbidden to copy, transport or create spinoffs using this content as a base, or to deceive a customer regarding the true provider of the web store. Reproducing, reprinting, loading, announcing and otherwise using the content in any way or means for commercial or other purpose is allowed only under written consent by FEARLESS or other Intellectual rights owner. Using any of the above in the website should by no means imply a right of usage.
ΙΙΙ. LIABILITIES – OBLIGATIONS OF THE CONTRACTUAL PARTIES
1. OBLIGATIONS OF USERS OF THE WEBSITE AND CUSTOMERS OF THE WEBSTORE.
User / customer responsibility.
Users / customers are required to abide by all relevant Greek and European laws and regulations regarding the use of the website and store and are to abstain from any unlawful act, abusive conduct, unlawful practices and unwanted competition.
Only natural and juridical persons with the capacity to perform legal acts are eligible to apply for a membership. Underage people (under the age of 18) are not eligible for a membership.
Every user / customers is solely responsible for the legality and accuracy of the information and data provided at http://www.fearlessgoalkeepers.com/store, and FEARLESS GOALKEEPERS is under no circumstances obliged to verify, unless instructed upon by a legal accusation.
(a) using any mechanism, software, malicious or not, electronic or non-electronic process, sending harmful files such as viruses, spam messages capable of affecting, hurting, suspending, interrupting, and generally hindering the smooth operation of the site http://www.befearless.it and harming its credibility, or its other users, members and customers,
(b) interfering with any information, personal or not, of the aforementioned parties, that you have no permission to use,
(c) any form of hacking, pirating software, interception, copying, analog/digital recording and playback, distribution, transferring, downloading, modifying, reselling information, personal or not, as well as the entire content of the website (including, but not limited to, texts, graphics, photos, images, trademarks, distinctive features, names, logos, etc.)
Manufacturer responsibility and warranty
The manufacturer of any product purchased, is responsible for any manufactory defect. Any, or all, deals of limiting or wavering manufacturer liability are not valid. In any case of doubt regarding the manufacturer’s identity for a product supplied by us, we advise you to reach out to us.
Obligations / responsibility of company.
FEARLESS is bound by the Civil code regarding its responsibilities to the customer.
If a product is worn-out or otherwise flawed (i.e. incomplete shipment), or in a case of lack of conformity with article 534 of the Greek Civil Code, you retain your full legal rights against us. The valid time period of the guarantee is 24 months, counting from the day the products were delivered to you.
In any case the products are to be accompanied by their legal documents and receipt of delivery. You are expected to exercise you aforementioned rights within thirty (30) calendar days from the day after the products were delivered to you, provided you have returned the products in question to us.
Limitation of liability
FEARLESS does not guarantee the availability of the products on display in the web-store. Should we be unable to provide the product requested, we have to cancel the order. We shall inform you via email in such a case.
FEARLESS always acts in good faith and within the context of the law and the specified General Terms. Therefore, we have taken, and continue to take the necessary steps so as:
(a) the website operates consistently without problems, malfunctions, delays and other errors,
(b) the data and information administered and transferred through the website remain unaltered and secure,
(c) the technology used by the company and its servers, by which the store is accessed by the user, keeps the website protected from viruses, or other malicious software, but DOES NOT GUARANTEE the above and is not subjected to reimburse you, were you to be harmed in any way for any of the aforementioned reasons.
FEARLESS cannot be held liable for any kind of damage caused by a user’s inability to access the site, the full or portions thereof shutdown, the delay, non-delivery, discontinued, poor service provider, or loss of content, and the possibility of all kinds of errors.
FEARLESS bears no liability for any technical issues a user may face when attempting to access the website, and while using it, that may have to do with the user’s infrastructure regarding the use of the website.
FEARLESS cannot be held liable for actions or omissions by third parties, and specifically, unauthorized interventions of third parties regarding products and/or services and/or information provided by us.
Any liability regarding damages, besides those already stated above, is excluded, including, but not limited to total liability.
Liability according to the Greek Legislation regarding consumer rights and the Greek Civil Code remains unchanged.
2. TERM AMENDMENT / INVALIDITY
FEARLESS reserves the right to change or modify these Terms at any time and in its sole discretion, but will update the Terms link in our website, should any change take place. The contracts made in our store are stated in Greek.
If any term, clause or provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, such term, clause or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining part of that provision, or the remaining other provisions. FEARLESS will see to the replacement of any void term, clause of provision, with a new valid one, that will have the closest equivalent effect.
We would also like to inform you that FEARLESS recognizes, in good faith, the consulting role of the decision provided by the authority and is not bound to see said decision through. If a matter cannot be settled via the Online Dispute Resolution – ODR, said matter is addressed to a competent court.
3. DISPUTE RESOLUTION – APPLICABLE LAW – JURISTICTION
We inform you that, should there be any dispute regarding a transaction, you have send us a written demand about, and remains unsettled, you have the right to address the Online Dispute Resolution platform, found in: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show which is associated with the independent authority: «Hellenic Consumers’ Ombudsman» (www.synigoroskatanaloti.gr).
Any dispute regarding the application, the interpretation, cancelation of terms of the contract, the existence of rights and obligations of the contractual parties and a tort or delict, is to be interpreted in accordance with the Hellenic law, and falls under the explicit jurisdiction of the competent court of the city of Athens. Both parties, as of today, fall under the same competent’s court jurisdiction voluntarily.
Alternately, it is advised to seek the extra-judicial arbitration via the European Carrier for Alternative Dispute Resolution. Specifically, Directive 2013/11/EC, that was incorporated in Greece with the CMD 70330/2015, advocates the possibility of resolving a consumer dispute electronically via the ADR (Alternative Dispute Resolution) throughout the European Union. Should a customer holding the status of consumer (a natural who is acting outside the scope of an economic activity) come across any type of hindrance while making a purchase in our store, they may begin the ADR process, by accessing the platform for electronic dispute resolution, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage