Toi&Moi WEBSITE DISCLAIMER
1. Services provided by the website
1.1. This website is created by the Toi&Moi company ("TOI & MOI INDUSTRIAL SA MANUFACTURING AND TRADING WOMEN’S CLOTHES AND ACCESSORIES", hereinafter mentioned as "The Company") in order to provide immediate information on the produced items through remote online ordering as well as by enabling visitors’ interactive communication with the Company through comments and the expression of their preference on selected items, by utilizing social network services. This toi-moi.com webpage disclaimer consists of binding corporate rules, which the Company upholds and imposes while providing users with the following information society services. These conditions are perfectly compatible with the current European and Greek law and non compliance of the webpage users or third parties to these conditions implies the Company’s right to remove any liability towards affected natural or legal persons, while users recognize the Company’s right to alter the provisions of these terms as far as they are not related to its legally binding obligations and they don’t affect finite situations. The visitor of this website acknowledges that he/she has read these terms, agrees with them and assumes the obligation to comply, both in terms of the contract drawn up with their acceptance as well as in terms of his general obligation to obey the law.
1.2. Access, Navigation and Interaction to the website
1.2.1. The visitor of the website holds a non-exclusive, non-transferable, personal limited right to access, use and navigate our web pages and its published content. The right of access does not involve entering aspects of the website covered by the communications secrecy, such as source codes or any other data on the website, non accessible by the usual navigation process (browsing). This permit is not a transfer title of the website or its components and requires compliance with these terms, especially those concerning the Company’s intellectual property. This permit is not binding for the company as far as the proper use of social networking sites owned by other companies and applications posted on the site are concerned.
1.2.2. The website’s visitor is able to intervene in certain fields, wherever this is technically possible, by expressing his opinion on posted items, through “Like” applications, available to those users who own an account on the social network service "facebook".
1.2.4. The website’s visitor, by submitting his name, e-mail address and age, is given the possibility of receiving Company newsletters via e-mail. If no longer interested in receiving those Newsletters, he can state his wish in order to stop receiving them.
1.2.5. The website’s visitor can subscribe to a RSS feed and receive relevant notifications concerning new posts on the website. If no longer interested in receiving notifications he can state his wish and unsubscribe from the RSS feed.
1.2.6. The website’s visitor can participate to internet contests conducted through the website, abiding by the individual terms of participation and conduct of each contest.
1.3. Orders – e-shop service
1.3.1. The website’s visitor, given that he has the legal capacity, according to the Greek Civil Code orderings, has the option to order the available for distance selling products presented on the website according to the terms and the ordering procedure, presented in separate sections.
1.4. Contacting the Company
1.4.1. The website’s visitor can contact the Company via e-mail by following the relevant application found on the "Contact Us" page and by filling in the special Contact form.
1.5. Information Society Service Provider
1.5.2. In terms of the content influenced by the website’s visitors using other companies’ applications (such as the "Like" application on facebook.com), the provider is not liable to general and precautionary supervision because he is not the starting point of the transmission, he does not select the recipient, he does not select or modify the information provided and he has no general obligation to monitor the services transmitted nor the general obligation to search for facts or circumstances concerning any illegal activities. The provider has established specific procedures in order to report illegal activities that could take place through the webpage (intellectual property, personal data, and offensive content) and commits to strictly comply with these procedures ensuring the website’s compliance with the legislation.
1.5.3. Being obliged to provide general information, according to the article 4 of the P.D. 131/2003, the provider informs that:
(a) the full trade name is "TOI & MOI INDUSTRIAL SA MANUFACTURING AND TRADING WOMEN’S CLOTHES AND ACCESSORIES".
(b) the geographic address at which the provider is located is: 58, Pindou str. & Midias, 14342 Nea Philadelphia
(c) its contact details are: [email protected]
(d) The provider is a registered SA, registration number 46102/01/Β/00/456 (05) and a registered supplier performing distance sales, at the Ministry of Development.
2. Product orders and customer protection
2.1. Conditions for valid orders
2.1.1. The website’s visitor can place a valid order given that he has the legal capacity according to the Greek Civil Code orderings, i.e. given that he has reached eighteen years of age and that he is not subject to judicial support to the sales contract. Orders may also be placed by representatives of legal persons. The company reserves the right to claim orders from the supervisor or guardian of persons with no legal capacity.
2.1.2. In order to place an order the following are required:
(a) completing the relevant form by providing all information necessary in order to conclude the sales contract,
(b) the unconditional acceptance of the sales contract’s terms, for the sold item, the quantity, the price including taxes and other expenses, the actual transaction, the time and place for the courier delivery,
2.1.3. The payment method is selected by the interested party and includes the possibility of using a credit card, the PayPal system or payment on delivery. Only those credit cards that appear as selected on the website’s ordering system may be accepted.
2.1.4. An order constitutes a distance sales contract, subject to the relevant legislation (article 4 L.2251/1994, as amended and enforced). Through the website, prior to the completion of the order, prior to the completion and submission of the relevant form, the consumer is informed by the Company on:
(a) the identity and address of the supplier
(b) the essential characteristics of the product,
(c) the price, the quantity and the transfer fees as well as the VAT, if this is not included in the price
(d) the method of payment, delivery and order execution
(e) the duration of the order or the price,
(f) the right to cancel the order.
2.1.5. By sending the order form, the consumer receives an electronic copy of his order, which he can save and where all the above mentioned (from 2.1.4. a-f) information is featured as well as:
(i) the trade name and address of the nearest consumer outlet
(ii) the method of payment,
(iii) the terms and how to cancel the order, according to the article 4, paragraph 10, L.2251/1994, accompanied by a sample order cancellation form,
(iv) information concerning after sales service and existing commercial guarantees
2.2. Consumer’s right
2.2.1. Cancelling an order. The consumer holds the right to cancel an order without stating any reasons within fourteen (14) calendar days, unless a longer period is agreed, by returning the product in the original state, without any incurring costs other than return fees. This period starts from the day the products were received. In order to exercise his right, the consumer must complete and send the relevant cancellation form received at the time of the order’s receipt.
In the case of a cancellation of the order, the consumer is required to directly return the product in the original packaging along with the cancellation form, while the supplier is obliged to repay the sums paid by the consumer, within thirty (30) calendar days. The return of the sum is performed in the same manner the payment was made, unless payment was made upon delivery. If the sum is charged to the consumer’s credit card, the right to cancel the order also entails the solution of the tripartite contract between the consumer – supplier and the bank, without compensation.
2.2.2. Replacing an item. The consumer has the right to ask for the replacement of a product if the item he received was defective or doesn’t correspond to the item ordered. For an item replacement, in the case it was defective or different from that ordered; the consumer should contact the company and return it on the same day of the delivery. It is necessary that the items are in the same condition they were received in and that the consumer has the invoice or sales receipt. We recommend very careful control upon receipt in order to avoid any receipt of defective products or products not ordered. For hygiene reasons, swimsuits, leggings, tights, bodysuits and earrings cannot be returned. In any case, the maximum timeframe for returning an item on order to submit a replacement request cannot extend beyond fifteen (15) calendar days from receipt. Before any return, we recommend contacting our company. The conditions for carrying out the replacement of a defective product or a product other than the one ordered are the following:
(a) Contact the company within 24 hours from receipt in order to point out the problem using the telephone number found on the "Contact Us" section of our website or by using the e-mail [email protected]
(b) Send a completed return of product request form found on our e-shop homepage, strictly within a period of 15 days.
(c) In the case of a product other than that ordered, it should not be used and it should be kept in the packaging in the condition in which it was received. The delivery of the new product will take place over a time period equal to the time of dispatch of the original item.
2.3. Submission of complaint
2.3.1. For any case where the consumer was dissatisfied with the way in which the order was completed or for any other reason related to the e-shop website, he has the right to submit a complaint to the company, within fifteen (15) days after the problem occurred, by completing the relevant complaint submission form, posted on the e-shop homepage.
2.3.2. The consumer’s complaint will be immediately examined and a reply will be sent by the company, the latest within ten (ten) days from receipt, to his e-mail address. While examining the complaint, the company reserves the right to contact the consumer in order to clarify the conditions that lead to the indicted problem. In this case the consumer should provide all the relevant information in order to help settle the matter.
2.4. Additional information
2.4.1. Additional practical information concerning our order and return policies are also found on the FAQ section (LINK).
3. Use and protection of personal data
3.1. The Company processes only the personal data necessary for providing the website and the online store services. It concerns data provided by visitors whilst completing one of the forms on the website and they knowingly proceed with their submission. The necessary process for the webpage visitors’ personal data is a procedure that falls into the field of application of the article 7A paragraph 1 (b) Ν.2472/1997 and this data is not transferred or shared with third parties unless we follow the procedure for the lifting of secrecy as prescribed by law (N.2225/1994) or any other obligations which may arise from the national implementation of the Directive 24/2006. The processing of personal data for those who place an order, such as charging their credit card, is held under the agreement with EUROBANK CONSUMER CREDIT PRODUCTS AND RELATED SERVICES S.A. located in Athens (13, Petmeza str.), TRN 094495747 IRS FAEE Athens, as legally represented.
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3.3. Any processing of personal data, as described on paragraph 3.1. is solely conducted by persons who are under the Company’s control. To perform the processing procedure, the company has chosen persons with the relevant professional qualifications who provide sufficient guarantees in terms of technical knowledge and personal integrity for maintaining confidentiality. The company has taken appropriate organizational and technical measures in order to secure personal data which is protected from accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access and any other form of unlawful processing. These measures ensure a level of security appropriate to the risks of treatment and the nature of data to be processed. In the case of the electronic purchases process, the Company, in order to ensure for the safety of your transactions and the protection of your personal data, uses SSL technology (Secure Sockets Layer). During your online purchases the website doesn’t record or store in any way any information concerning your credit card except, for reasons of security, your transaction, Debit or Credit and whether it is a Visa or a Master Card. When paying with PayPal the e-mail for the PayPal account is stored. The SSL is the most reliable international medium for safe transactions over the internet. All transactions made through the website are governed by the relevant provisions of the Law on Consumer Protection (L. 2251/1994), that regulates issues concerning distance sales as well as by the provisions of the European and International Law on electronic commerce.
3.4. Everyone has the right to know about personal data that concerns him are or have been processed by the company. It is for this reason that the company has the obligation to reply in writing. The subject regarding the data has the right to ask and receive from the person in charge of processing, without any delay and in an understandable and clear manner, the following information:
a) All personal data that concerns him as well as their source.
b) The purposes of processing, the recipients or the categories of recipients.
c) The way processing has been developing since the last update or information.
d) The automated processing mechanism.
e) Depending on the situation, the correction, deletion or blocking of data whose processing is not in line with the provisions of Law 2472/1997, especially due to incomplete or inaccurate data, and
f) The disclosure of information resulting from any correction, deletion or blocking (lock) of personal data, depending in the situation, to third parties wherever this proves possible or doesn’t require any disproportionate effort. The right of access can be exercised by the subject of the data with the assistance of a specialist. The company responds to access requests within fifteen (15) days, according to the provisions stated in the article 12 of the Law 2472/1997.
3.5. The subject of the data has the right to raise any kind of objections on the processing of data that concern him. Those objections are addressed in writing to the company via e-mail and should include the applicant’s proof of identity as well as a request for specific actions, such as correction, temporary non-use, commitment, lack of transfer or deletion.
The company responds in writing to the objections within a deadline of fifteen (15) days. With this reply the subject is informed on the actions taken or the possible reasons that lead into not satisfying the request. In the case of rejecting the objections, the reply is communicated from the Company to the Authority for the Protection of Personal Data.
3.6. In order to exercise the right of the terms 3.3. and 3.4., the subject of the data or his legal representative, should submit to the Company via e-mail ([email protected]) a complaint stating:
(a) his identity, presenting relevant evidence from a public authority,
(b) the specific personal data upon which the complaint is based, with mention to the webplace these are posted,
(c) his contact details (telephone number, e-mail address, home address).
3.7. Observance of this procedure constitutes a binding contractual term that precedes any further action before a public authority or a court and is intended to any users who by entering the webpage, accept its binding nature.
4. Intellectual property rights
4.1. Rights on names, domain names and trademarks
The names, trademarks and domain names to which the website is posted, constitute the Company’s assets. The company reserves the right to bring any civil, administrative and criminal legal actions against any violator for the relevant conditions concerning the use of the aforementioned assets.
4.2. Rights on intellectual property
All graphic designs, programs of intellectual property, texts, icons designs of clothes and other Toi&Moi products, original photographs as well as the layout of the entire website is an asset of the Company. The company reserves the right to bring any civil, administrative and criminal legal actions against any violator of the relevant conditions concerning the use of the aforementioned assets.
4.3. Sui generis rights of intellectual property over the database
As far as the website’s database is concerned, the company is the "database maker" with sui generis rights according to the article 45A of the Law 2121/1993 as well as to the relevant EU institutional framework. In this context, all export and/or reuse of all or a substantial part of the database content, regardless of the protection of the base according to the general provisions on intellectual property, is banned.
The repetitive and systematic export and/or reuse of insubstantial parts of the database content affecting the normal operation of the company, is also banned. The company reserves the right to bring any civil, administrative and criminal legal actions against any violator for the relevant conditions concerning its sui generis right over the database.
5. Comment policy
5.1. Posting comments on the designated post fields requires approval by the website administrator. The Company however, under the relevant provisions of P.D. 131/2003, has no obligation to screen the posted content. In any case if a comment is not according to the following terms, it will not be posted on the website or may be removed after suspension.
5.2. Users and commentators should respect:
a) minors, elderly, persons with disabilities and health problems, if these characteristics are known to the commentator
b) the Company’s reputation, by avoiding spreading untrue allegations or comments that are not based on facts.
c) the rules of lawful competition, which doesn’t allow a website to post degrading comments about other companies or even comparisons of the Company’s products and services with other companies
d) the presumption of innocence, i.e. non incrimination before the final conviction for an offence punishable by law,
e) people going through bereavement, mental shock and suffering, as well as those who obviously have a mental problem, avoiding the raising of their difference.
5.3. Freedom of speech allows acute criticism, but not the insult, the libel, the slander and the attack on the personality of another.
5.4. The commentary of posts on this website outside the scope of networking services is governed by the terms and conditions of each social networking service. However, in the case of violation of these terms, the Company reserves the right to initiate any process intended to restore its reputation and avoid the infringement of its rights or those of third parties.
5.5. If a person or an organization considers that it has been offended by a website visitor’s commentary, it/he must notify the company, following the complaint submission procedure as provided above in 2.3. The company will examine the complaint and will commit to immediately withdrawing all cases of offensive content. Only if the offended website visitor hasn’t followed the above mentioned procedure and has not met his rights is he/it entitled to claim legal proceedings.
6. Applicable law
6.1. For any dispute arising from the use of services or for any other reason between the user and the Company, the Greek Law is applicable and the Courts of Athens are responsible.
6.4. For any information, question and complaint submission, you are kindly asked to use the choice "Contact Us"