1. About these Terms of Use

The following Terms of Use (“ToU”) govern the access to and use of the www.komee.gr website (“Website”) and all content and services available at or through the Website by anyone who browses the Website and interacts with us (“User”, “you”, “your”).

The Website is owned and operated by the sole proprietorship under the name ¨VALLINDRAS S. EMMANOUIL¨ (“ΒΑΛΛΗΝΔΡΑΣ ΕΜΜΑΝΟΥΗΛ ΤΟΥ ΣΤΑΜΑΤΙΟΥ” in Greek), having its registered address at 34 Xenokratous Street, 106 74, Athens, Greece, with VAT No 147134426, General Commercial Registration No 148785703000, telephone No: +30 210 7234153 and email address: info@komee.gr (“Komee”, “us”, “we”, “our”).

Access and use of our Website is offered subject to your acceptance without modification of all of the ToU contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website by Komee.

Please read the ToU carefully before using our Website. By using the Website in any manner, including but not limited to visiting or browsing the Website and/or by clicking to accept or agree to the ToU when this option is made available to you, you accept and agree to be bound and abide by these ToU, our Privacy Policy, found here and our Cookies Policy, found here, both incorporated herein by reference, and all other operating rules, policies and procedures that we may publish from time to time on the Website. We encourage you to review the Website and these ToU periodically for any updates or changes. If you do not want to agree to these ToU, you must not access or use the Website.

The use of the Website and its contents are prohibited to minors less than 18 years old. We are not responsible for any use by Users who do not meet such condition.

2. General information about our products – Prices – Shipping cost

Through this Website you are able to view and purchase Komee’s products.

Products may be sold only to any natural or legal person that has full legal capacity.

The products available on the Website and any samples we may provide to you, are intended for non-commercial use. You may not sell or resell any of the products or samples which you purchase or otherwise receive from us.  

Prices of the products listed on the Website are in euro and include value added tax (VAT).

The shipping within Greece is free of charge. In case of delivery out of Greece, please see Clause 6 below.

We reserve the right to freely modify the prices of the products and/or change our commercial policy with regard to delivery costs and payment methods at any time by simply posting it on the Website. Any such change shall apply for future purchases.

        3. Placement of your order

You do not need to have an account in order to place an order. You may just select the product(s) you wish to purchase, the desired quantity and click “Add to Cart”. Please, note that you are able to modify the content of the Shopping Cart anytime by deleting part or all of its content or by changing the quantities you have selected until you click “Place Order”, after which your order will be processed.

In order to complete your order, you will be asked to fill in:

(a) the name of the recipient and the address where he/she will receive the shipped order, the recipient’s telephone number and any comments you may have concerning the delivery

(b) the billing information (if different from the delivery information)

(c) your e-mail

(d) the document you want us to issue for your purchase (receipt or invoice)

(e) the payment method.

Then, you will be asked to read carefully and accept these ToU and after that you may continue by clicking the “Checkout” button with a payment obligation.

Upon payment, you will receive an e-mail from us acknowledging that we have received your order, along with an electronic copy of the order, which you may store.

4. Payment methods

We offer the following payment methods:

(a) Credit or debit card

We support order payments by VISA, Visa Electron, MasterCard and Maestro credit or debit cards.

Your card payment details are introduced directly into the secure systems of National Bank of Greece. The collection and processing of the payment details you submit is effected by the aforementioned banking institution. We do not receive or store any credit or debit card information.

It is understood that you are fully and solely responsible for the correct insertion and completion of your card details in the payment system.

Please, note that credit cards are subject to validity and approval checks by your card issuer. If your card issuer does not authorize the payment, we are not responsible for any failure to complete your order.

(b) PayPal

Your order can be paid via your PayPal account. If you select this payment method, you will be redirected to Paypal.com for payment and then you will return to our Website for order completion.

Please, note that the processing of payments shall be subject to the terms, conditions and privacy policies of PayPal in addition to our ToU. We are not responsible for error or delays by PayPal.

(c) Klarna

If Klarna is available as a payment option in your country, it’ll show as an option at Checkout.

Please note that Klarna is an independent payment company and Komee has no influence over whether your payment with Klarna is accepted or not. The processing of payments shall be subject to the terms, conditions and privacy policies of Klarna in addition to our ToU. We are not responsible for error or delays by Klarna.

5. Delivery

The delivery of your order will be carried out via the courier company under the trade name “COURIER CENTER S.A.”.  We reserve the right to change the courier company and/or the delivery policy of our products at any time by simply posting it on the Website. Any such change shall apply for future purchases.

If you place your order before 14:00 on a working day (i.e. Monday – Friday), we will deliver your order to the courier company within the same day. In any other case, it will be delivered the next day (except Sundays and public holidays).

Once your order has been delivered to the courier company, the courier company will send you a Viber message or SMS in order to inform you for the routing of your shipment and to provide you with a tracking number so that you are able to track the shipment’s status anytime. In addition, you will be informed about  the possibility of the courier company delivering your shipment to a clever point (i.e. shops and businesses with extended hours of operation) of your choice from which the recipient will be able to pick up the order by presenting his/her ID or the code number sent to you from the courier company through SMS or Viber message . Please, note that if the recipient is located at a remote area where there are no close clever points, the delivery of the shipment to a clever point may not be available as a choice. 

On the day of the scheduled delivery the courier company will send you a Viber message or SMS in order to inform you for the time frame within which the delivery shall take place.

Any Viber messages or SMS or other notifications regarding your shipment, shall be sent to the telephone number you have provided while placing your order in our Website. Please note that it is essential that you provide the correct and complete contact details (email address and telephone) and shipping address. We are not responsible for any delays, misdeliveries, failure to deliver, or any costs or inconvenience arising from incorrect or incomplete contact details or shipping address.

Order delivery is the responsibility of the courier service and usually occurs, within 1-2 business days from the date that the courier company receives the shipment from us. In distant/remote areas or islands, delivery time can take up to 4 business days from the date that the courier company receives the shipment from us.

We may not guarantee the proper and timely delivery of your order by the courier company as there may be variation in delivery time due to unforeseen weather conditions, strikes and events in general that are beyond our influence and control.

In no case shall we bear any liability if the courier arrives within the above deadlines but cannot deliver your order due to recipient’s absence. In this case, your order will be delivered to the clever point which is closer to the delivery address. If there is no clever point close to the delivery address, the courier company will contact the recipient in order to rearrange the delivery to the delivery address.

In any case where the recipient has not picked up the shipment from the clever point within seven (7) days after it has arrived to the clever point, or in case where there is no clever point close to the delivery address and the recipient is again absent at the rearranged delivery time, the shipment shall be taken back to our premises and the order will be cancelled and the money already paid will be refunded but the shipping costs (both for delivery and return of shipping to our premises) will be deducted from the refund amount, as you should be charged with such expenses.

6. Specific Terms for international deliveries (EU & other countries)

With regard to international deliveries, the following terms shall apply in addition to the terms of clause 5. In case of conflict between the terms of clause 5 and the terms of the present clause, the latter shall prevail and apply with regard to international deliveries.

For any delivery out of Greece, you will be informed of the shipping cost when submitting your order. More specifically, shipping cost is automatically calculated in the “Shopping Cart” page, when the product(s) and the desired destination country are selected. 

In case of international deliveries, the shipment shall be delivered exclusively to the delivery address (i.e. picking up the shipment from a clever point is not an option).

Order delivery is the responsibility of the courier service and usually occurs within 4-7 business days from the date that the courier company receives the shipment from us.

Please, note that international shipments may need to pass through customs at the recipient’s country, according to the country’s laws. Any customs clearance is the sole responsibility of the recipient only. The recipient is also solely responsible for any charges such as custom duties, taxes, storage costs, fees or fines, as well as for any documentation, licenses or certifications requested by customs or authorities outside of Greece.

In addition, please, note that some products may not be permitted through customs in some countries. You are solely and exclusively responsible for being aware of customs regulations and process in the country of delivery address as well as of any documentation and/or fees that may be needed to receive the products. Thus, we shall not be responsible for any delayed deliver or failure to deliver that may occur due to destination customs clearance processes or unforeseen circumstances which are beyond our influence and control. 

In case that the shipment may not pass through the custom, you may arrange to return the order back to us and you may get a refund from us on the condition that the order is shipped back and has arrived at our premises in excellent condition with your sole responsibility and shipping costs. If that is the case, we shall refund the order amount excluding shipping and handling costs (such as any storage, taxes or customs fees), only when the order arrives at our premises and if the product(s) is/are in excellent condition, accompanied by the original receipt or invoice.

7. Withdrawal

Given the nature of Komee’s products (hair oil whose composition may be altered by the recipient without this being ascertainable by Komee in the event of a return) and for reasons of hygiene and consumer protection, you unreservedly accept that, upon receipt of your order, you do not have the right to withdraw from the contract you have entered into with us upon completion of your purchase from our Website.

8. Your responsibility

a) You are responsible for any data you disclose to us for completing your purchase and you guarantee that such data is absolutely correct, true, accurate, and up-to-date and that you disclose it to us lawfully. The email address, telephone number or other contact details that you provide for completing your purchase, shall be considered as valid and we bear no liability if any communication sent by us it is not delivered to you due to an error in the details provided by you and / or due to technical or other damage to your server, and / or to your phone, and / or to your telecommunication provider and / or due to a change in your details (if you have not informed us accordingly in due time).

b) You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses and other harmful or destructive content.

c) You are responsible for ensuring that any material, information or other communication that you upload or submit to the Website through any means (including any e-mails sent to Komee) (collectively, “Communications“) do not violate or infringe any copyright, trade secret, trademark or other personal or proprietary rights of another person or entity, or defame any person, or violate any law or regulation.  You shall be solely liable for any damages resulting from any infringement or violation or any other harm resulting from your uploading, posting, or submission of any Communication to the Website.

d) You shall refrain from any illegal act and abusive behavior as well as from the adoption of illegal practices and practices of unfair competition.

e)  When using our Website, you shall not:

1. take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
2. interfere with the proper working of the Website.
3. attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website.
4. run any form of auto-responder or ‘spam’ on the Website.
5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.
6. harvest or scrape any content from the Website.
7. copy, record by any means, photograph,  reproduce, distribute, transfer, download, process, resale or create a derivative work of any content, software or data forming any part of the Website.
8. copy, decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any software, code or source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction.
9. modify, translate, or otherwise create derivative works of any part of the Website.
10. act in such a way that the Website is damaged, interrupted or made less efficient.
11.  send malicious content with the intent to compromise any computer environment.
12.  transmit viruses, documents and information which are illegal, harmful, offensive, threatening, defamatory or dangerous to the security of the Website and for the reputation of Komee.
13. otherwise take any action in violation of law or of our guidelines and policies.

9. Intellectual property

The Website and its content, features and functionality, as well as any information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Komee, our licensors or other content suppliers, and are protected by Greek and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No right, title or interest in or to the Website or any content is transferred to you and all rights not expressly granted are reserved. Any use of the Website that is not expressly permitted by these ToU may be a breach of these ToU and may violate copyright, trademark and other laws.

Komee logo and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks of Komee. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Komee or third-party trademarks.

10. Links to third party sites

The Website may contain links to sites owned or operated by third parties. Such links are provided for your reference only. We do not control such sites and we are not responsible for their content. The fact that we provide a link does not mean that we endorse, authorize or sponsor that site. Therefore, we take no responsibility for and give no warranties, guarantees or representations in respect of linked sites. We reserve the right to terminate a link to a third party site at any time.

11. Website availability disclaimer

We will make all reasonable efforts to ensure that the Website is available at all times. However, we cannot guarantee that the Website or any individual function or feature thereof will always be available and/or error free. The Website may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance.

We reserve the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Website or any portion thereof, for any reason, (ii) to modify or change the Website or any portion thereof as well as any applicable policies or terms and (iii) to interrupt the operation of the Website or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

12.  Indemnification

You agree to defend, indemnify and hold Komee and its licensors, its licensees, its affiliates, its contractors and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, arising out of, based on, or in connection with your use of our Website, including but not limited to (i) the use of the Website or your placement or transmission of any message or information on this Website by you, (ii) your violation of any of the ToU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation or (v) any claim or damages that arise as a result of your use of the Website.

13. Warranty disclaimer / Limitation of liability

KOMEE DOES NOT GUARANTEE ANY RESULTS FROM USING THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KOMEE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, KOMEE, ITS LICENSORS, LICENSEES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, DO NOT WARRANT THAT THE WEBSITE’S CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT USING THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

IN NO EVENT SHALL KOMEE, ITS LICENSORS, LICENSEES AND AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU FOR ANY LOSS (INCLUDING ANY LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL OR WASTED MANAGEMENT OF TIME), OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CHARGES OR EXPENSES OR FOR ANY MARKET COST FOR SUBSTITUTE PRODUCTS OR ANY OTHER DAMAGE REGARDLESS OF NATURE (HEREINAFTER COLLECTIVELY REFERRED TO AS “ANY LOSS OR DAMAGE”). THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO:

1 ANY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OR INABILITY TO USE ANY PORTION OF OUR WEBSITE OR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA.

2 ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR INTEROPERABILITY PROBLEMS.

3 ANY LOSS OR DAMAGE DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT OF THE WEBSITE.

4 ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY.

5 ANY LOSS OR DAMAGE RESULTING FROM YOUR FAILURE TO PURCHASE A PRODUCT.

THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, KOMEE’S LIABILITY IS LIMITED TO THE AMOUNT OF THE VALUE OF THE PRODUCT(S) SOLD.

14. Force majeure

We  shall not be deemed responsible and shall not be liable for any inability to fulfill or delay in fulfilling our obligations hereunder if the inability to fulfill or the delay is due, directly or indirectly,  to force majeure events, including but not limited to acts of war, strikes, riots, invasion, terrorist attack or threat of terrorist attack, lock-outs or other industrial action by third parties, bad weather conditions, fires, natural disasters, epidemic, pandemic, health crisis as well as from electronic or mechanical equipment failures, telephone connection problems or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport and any other unforeseeable circumstances beyond our control against which it would have been unreasonable for it to take precautions and which we cannot avoid even by using our best efforts (“Force Majeure Event(s)”).

Our obligations under a sale of our product(s) will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event. Where the Force Majeure Event affects our delivery of Products to you, we will arrange a new delivery date with you after the Force Majeure Event is over.

15. Modification

We may amend these ToU at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be on or after the date posted by Komee. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. It is your responsibility to check these ToU periodically for changes.

16. Applicable law – Jurisdiction – Alternative Dispute Resolution

These ToU and your use of the Website are governed by Greek law and both parties submit to the exclusive jurisdiction of the courts of Athens, Greece.

According to Directive 2013/11/EC, which was incorporated in Greece by virtue of the Joint Ministerial Decision 70330/2015, the possibility of electronic settlement of consumer disputes is now foreseen through the Alternative Dispute Resolution (ADR) procedure throughout the European Union. If you have the status of consumer (i.e. a natural person acting outside a professional capacity) and you have any problem with a purchase made on our Website, you can initiate the ADR process through the single EU-wide platform for online dispute resolution (ODR platform) available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

The European Consumer Center of Greece has been designated as the national contact point for the ODR in Greece, information about which and dispute resolution can be found at ec.europa.eu/odr.

You can also contact the Consumer Ombudsman (www.synigoroskatanaloti.gr ).

The above does not limit in any way the rights that both you and we have to seek legal redress from the competent courts.

Please note that having previously communicated your problem to us at info@komee.gr in order to find a solution is a necessary prerequisite for you to address the Alternative Dispute Resolution.

17. Miscellaneous

The User’s rights under these Terms of Use may not be assigned or transferred without Komee’s prior written consent. Komee may assign all of its rights and obligations under these ToU to an affiliated or successor company without the User’s consent. Subject to the foregoing, these ToU shall inure to the benefit of and bind the successors and permitted assigns of the parties. Any assignment in violation of this paragraph will be void.

All terms, conditions and warranties in these TOU are essential terms and a breach or non performance hereto of any terms, conditions, or warranties hereof shall entitle Komee to claim for damages.

No failure or delay by Komee in exercising any right or remedy provided by law or pursuant to these ToU shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any other or further exercise of it or the exercise of any other right or remedy.

If any provision or part of a provision of these ToU is determined to be unlawful, invalid, void, or unenforceable, that provision or part of the provision shall be deemed severable from these ToU and does not affect the validity and enforceability of any remaining provisions.

For any question regarding these ToU, please contact us at info@komee.gr

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