TERMS AND CONDITIONS

TERMS AND CONDITIONS

 

  1. INTRODUCTION

    1. The use of this website (www.columbiasportswear.gr) (“E-shop”) as well as the sale of goods by “XACO ANONYMH ETAIREIA EMPORIAS KAI PARAGOGHS EIDON ENDYSEOS KAI YPODHSEOS”, with the trade name XACO SA, GEMH no., 1092401000 and with its registered seat at 23ο Km ATHENS-LAMIA National Road, P.C. 14568, VAT no., 094393116 (“Company”) through the E-shop is governed by the terms and conditions herein (“Terms and Conditions”). The Company’s email address is info@xaco.gr and its contact number is +30.210-8160100.

 

    1. The presentation of goods for sale (Greece and Cyprus) on the E-shop constitutes an invitation by the Company to consumers to place an offer to conclude a sale of goods contract between the Company and the consumer and does not constitute in any way a binding commitment of the Company for the availability and sufficiency of goods presented on the E-shop.

 

    1. The use of the E-shop unconditionally suggests the acceptance of the Terms and Conditions. While using the E-shop, the consumer undertakes to act as provided by law and in accordance with the principle of good faith and trade usage.

 

  1. USER REGISTRATION

    1. The consumer may carry out purchases from the E-shop as a guest without being necessary to register as a user (“Check out as Guest”).

 

    1. If consumers wish to, they can register as users (Registered User) by clicking on REGISTER. To register, the user will need to complete the relevant electronic form (“REGISTRATION FORM”) with the true, accurate and full information required therein (name and surname, email, country, prefecture, city, address, post code, telephone). This information (“USER PROFILE) remains absolutely confidential, see details in para., 12.

 

    1. The user must set a password for accessing the User Profile. By accessing the Profile, the user can see and edit the personal information and shipping addresses filed, which, the user, must keep true, accurate, up to date and complete. The User Profile will also show an order history with any previous orders made by that specific user through the E-shop.

 

    1. The Company may send advertising emails, promotions etc., to Registered Users to the email address filed with the User Profile, provided that the user states that he wishes to receive advertising messages, promotions etc., by selecting the relevant NEWSLETTER button, with the user’s required confirmation that he has access to the provided email address. The user shall have the option in all advertising emails that the Company may send to the user to state that it does not wish anymore to receive advertising email,, promotions etc.

 

    1. The user may request at anytime the deletion of the Profile he has created by sending an email to info@xaco.gr with the request to delete the user details kept.

  1. LANGUAGE

The languages that may be used for the conclusion of a sale of goods contact through the E-shop is Greek and English. The consumer must select the language he is familiar with, otherwise, if not competent in any of the above, the consumer must not proceed to an order.

 

  1. SECURITY STATEMENT

    1. Columbiasportswear.gr is using the protocol SSL (Secure Sockets Layers) in order to secure online trading. In this way encrypts all the personal information of consumer’s, including credit card number, name and address, so that they can not be read or changed during the transfer over the Internet. The SSL (Secure Sockets Layer) of columbiasportwear.gr has been bought from Microsoft and it is based on GoDaddy protocol through the Microsoft Azzure platform. The SSL, is adopted worldwide as the safest protocol for the certification of websites to Web users – and to encrypt data between network users and network servers. An encrypted SSL communication requires all information sent between a client and a server (server) be encrypted by the sending software and decrypted by the receiving software, protecting personal information during transmission. In addition, all information sent by the SSL protocol is protected by a mechanism that automatically checks whether the data have been changed in transit. For any further information visit: https://uk.godaddy.com/agreements/showdoc.aspx?pageid=PRIVACY

 

    1. All payments made with the use of a card are processed through the “Alpha e-Commerce” electronic payment platform of Alpha Bank that uses TLS 1.1 encryption protocol encryption with 128-bit (Secure Sockets Layer – SSL). Encryption is a way of coding the information until it reaches its recipient, who will be able to decode it using the appropriate key.

 

  1. CONSUMER  INFORMATION

    1. Before making an electronic order and prior to the conclusion of a sales of goods contract between the consumer and the Company as provided in the stages in para., 6, the consumer, by checking the ACCEPTANCE OF THE TERMS AND CONDITIONS box, states that he has obtained knowledge of the following information, which the consumer fully understands and accepts:

  1. the main characteristics of the goods wishing to order,

  2. the Company’s name, the address of its seat, contact details as well as the other Company’s details, as provided in para., 1.1.,

  3. the total price of the goods that the consumer wishes to purchase. This price includes VAT. It does not include shipping costs, which are calculated at the ORDER PLACING stage,(see para., 8.3), where applicable,

  4. the payment methods, as described in para., 7 and the delivery times provided in para., 8,

  5. contact abilty with the Company using the contact details of para., 1.1.

  6. the right of withdrawal, as described in detail in para., 11 (conditions, relevant timelimits, process for exercising that right, the obligations of the Company and the consumer etc.,). In cases of withdrawalpursuant to para., 11, the consumer shall not incur any shipping costs for the return of the goods but, this applies only where the consumer uses ACS for such return,

  7. the Company’s liability for actual defects and lack of agreed qualities according to Civil Code articles 534 et seq. (seepara.,9),

  8. the existence of after sale customer sassistance either by email at info@xaco.gr or telephone on +30.210-8160100,

  9. the functionality of digital content produced either by the Company or another rightful owner of such digital content,

  10. the possibility to correct possible input errors prior to the placing of the order (see para., 6.5),

  11. Consumers Checking out as Guests will not have access to the information entered in the Checkout form (see para., 6.3). For Registered Users please see para., 2.3 as regards the user’s access to the information provided to the Company and the user’s order history,

  12. the provisions of paragraph 12 concerning the collection and processing of personal data to which he consents,

  13. the possibility of having recourse to an out-of-court complaint and redress mechanism and the methods for having access to it, as described in detail in para., 14.

 

  1. PLACING ELECTRONIC ORDER

    1. By placing his order, the consumer explicitly acknowledges that the order of goods through the E-shop implies an obligation to pay.

 

    1. The stages for placing an orderThe first step in the process of placing an order is for the consumer to select the goods that he wishes to order (as well as the color, size etc., where applicable) and to place them in the SHOPPING CART by clicking the ADD TO CART button. The caption OUT OF STOCK is shown in the event that the goods that the consumer has selected are not available. The consumer clicks on the CHECKOUT button if he wishes to proceed to the next step of the ordering process.

 

    1. The consumer can either complete his order as a guest by selecting CHECKOUT AS GUEST or as a registered user by login in with his email and access code or by Registering. Following that, the consumer will need to complete the required fields in the CHECKOUT form that will appear (name and surname, email, country, prefecture, city, address, post code, telephone). Forregisteredusers, seepara., 2.2.

 

    1. If the consumer clicks on the PAYMENT METHOD button, the consumer is asked to select payment method for his order (see available payment methods in para.,7) and to complete the relevant fields in the PAYMENT INFORMATION form(see details in para., 7).

 

    1. It is possible for consumers to correct any input errors in the various stages of the order placing process and before the Order Confirmation by selecting the BACK button.

 

    1. The consumer shall click on the CONFIRM ORDER button, If wishes to complete his order, acknowledging his obligation to pay the total amount of money clearly stated in his order, including shipping costs, where applicable (for shipping costs see para., 8.3). By selecting the TERMS AND CONDITIONS ACCEPTANCE button, the consumer unconditionally accepts the Terms and Conditions herein.

 

    1. The placing of an order constitutes an offer by consumers to the Company for the purchase of the good or goods that the consumer has selected and does not mean that a valid sale of goods contract has been concluded between the consumer and the Company. During this stage a sale contract has not been concluded.

 

    1. Conclusion of the Contract: The contract is concluded as soon as the consumer receives in his email address an email by the Company titled NEW ORDER which includes the relevant ORDER NUMBER and is the receipt confirmation for the consumer’s order. It is noted that the contract is concluded only for the goods for which the Company accepts the consumer’s offer with the above email.

 

    1. In the event that the Company needs to contact a consumer who has made an Order Confirmation (for instance, ifthereisaproblemwiththeorderorinrelationtothe goods or thepayment) andthisisnotfeasible within 24 hours as of the ORDER CONFIRMATION, then the order is automatically cancelled.



    1. Consumers can cancel their orders with no charge within 24 hours as of the ORDER CONFIRMATION.

 

  1. PAYMENT METHODS

    1. All prices at the E-shop are in Euro and include the legal VAT.

 

    1. The payment of the price and of the shipping costs may be made with the following methods:

  1. by creditcard, debitcard or prepaid card, on the condition of their lawful use. Cards of any type are accepted.

  2. by cash-on-delivery to the courier authorized for such purposes at the time of the delivery of goods. Payment by cash-on-delivery is acceptable forsumsup to€500 or as permitted by law from time to time.

  3. bdeposit in one of the following bank accounts:

 

BANK

ACCOUNT

IBAN

ALPHA BANK

123002320000092

GR17 0140 1230 1230 0232 0000 092

EUROBANK

0026.0043.15.0200260917

GR23 0260 0430 0001 5020 0260 917

NATIONAL

14147030226

GR14 0110 1410 0000 1414 7030 226

PIRAEUS

5058-020975-519

GR80 0172 0580 0050 5802 0975 519

 

 

In cases were the consumer opts to deposit money to one of the above bank accounts as method of payment, the Company has the right to cancel the order in the event that the payment of the relevant amount (including shipping costs, where applicable) is not made within two (2) business days as of the Order Confirmation. The consumer must include the ORDER NUMBER in the deposit slip as well as his name and surname.

  1. by the vivawallet payment system.

  2. By thePAYPAL payment system.

 

    1. In any case, the Company will not execute the order until the issuer of the card or the Paypal/viva wallet payment system approves the payment of sale price (including shipping costs, where applicable) or the Company confirms the deposit of the corresponding amount in one of the bank accounts of para.,7.2. (iii). Toexpeditetheprocess, theconsumermaysend the correspondingdepositreceiptbyemailtoinfo@xaco.grtogether with his name, surname and ORDER NUMBER.

 

  1. DELIVERY-SHIPPING COSTS

    1. Goods are shipped with the courier used from time to time (courier-ACS) for Greece and Cyprus.

 

    1. The consumer shall receive an email to the address entered in the ORDER FORM when the goods are dispatched by the Company.

 

    1. Shipping costs are calculated as follows: FREE for orders over €50 (Greece and Cyprus). For less than €50 there will be shipping charge of €5.00 for deliveries to Greece and €8 for deliveries to Cyprus.

 

    1. Time and delivery type: Unless otherwise agreed between the consumer and the Company, the latter shall deliver the goods as soon as possible and in anyway within 4 working days for shipments in all Greece and within 7 working days for shipments in Cyprus as of the ORDER CONFIRMATION. Deliver of the goods is made with the transfer of the physical possession or control of goods to the consumer or to a third person who the consumer indicates, other than the carrier.

 

    1. There may be differences in the delivery time for regions not easily accessible, see table HERE.

 

    1. In the event that the Company fails to deliver the goods within the time agreed with the consumer or within the above 4 to 7 workingdays (orthedeliverytimeofpara., 8.5), the consumer is entitled to terminate the contract, provided that he has requested the Company to deliver the goods within reasonable time and the Company has failed to deliver the goods within such additional period. The Company is apologizing for the rare occasions where it may not complete an order. In any event, the Company’s qualified personnel will try in the best possible way to accommodate consumers. The reasons could be that:

  • Between the hundreds of products presented in the E-shop there is a rare occasion where the product that the consumer wishes to order is out of stock and the Company’s electronic system has not had the time to automatically update product availability giventhat this is an automated process with an online connection to Company’s stores network. In such cases, representative of the Company will contact the consumer promptly to provide all alternative solutions or even cancel his order, at no charge for the consumer

  • in the event that there are simultaneous sales of the specific product in the specific color and size in the Company’s store(s) or E-shop and existing availability does not suffice to accommodate the simultaneous orders.

 

    1. An order may delay for the following reasons during sales, extreme weather conditions or strikes as well as in cases of force majeure that may affect shipping and delivery of the order to the consumer.

 

  1. SELLERS LIABILITY

    1. The Company is required to deliver the goods to the consumer with the agreed qualities and without actualdefects according to articles 534 et seq., of the CivilCode.

 

    1. The goods presented in the E-shop for sale and are sold through such E-shop are not accompanied by any explicit or implicit guarantee except guarantees that may not be excluded by law.

 

  1. LOSS OR DAMAGE OF GOODS-PASSING OF RISK

    1. The risk of loss or damage to the goods shall pass to the consumer when he or a third party indicated by the consumer (other than the carrier) has acquired the physical possession of the goods.

 

  1. WITHDRAWAL

    1. The right and period of withdrawal: The consumer has the right to return any of the goods purchased through the E-shop within 14 calendar days without giving any reason (Withdrawal). The Withdrawal period shall expire 14 calendar days from the next day that the consumer or a third party designated by the consumer and acting on his behalf (other than the carrier) has acquired the physical possession of:

  1. the goods, or

  2. the last good, in the case of multiple goods ordered by the consumer in one order and delivered separately, or

  3. the last lot or piece, in the case of delivery of a good consisting of multiple lots or pieces,

 

for which he wishes to exercise the right to withdrawal from the sale of goods contract.

 

    1. It is noted that in order to adhere to the period of withdrawal, the consumer must exercise his right to withdraw as provided in para., 11.3 before the period of para., 11.1 expires.

 

    1. Exercise of the right of Withdrawal: In order to exercise the right of Withdrawal, the consumer shall inform the Company in writing of his decision to withdraw with an unequivocal statement (i.e. with a letter he will send by post to the Company or by email to the Company’s email address, see para., 1.1for the contact details). The consumer may also use the model WITHDRAWAL FORM that will be included in the order package (the Withdrawal Form is available for downloading HERE).

 

    1. Obligations of the Company in the event of Withdrawal: If the consumer exercises the right of Withdrawal within the prescribed time and in the manner provided in this para.,11, the Company shall return the full amount received that corresponds to the value of the goods returned, including shipping costs, if applicable.

 

    1. Reimbursement of funds: The Company shall make sure to reimburse the funds provided in the previous para., 11.4:

  1. without undue delay and in any event not later than 14 calendar days from the day on which it is informed of the consumer’s decision to withdraw from the sale of goods contract. It is noted that the Company maintains the right to withhold the reimbursement of the funds of para., 11.4 until it has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest (see para., 11.7),

 

  1. using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise with the Company and provided that the consumer does not incur any fees as a result of such reimbursement.

 

  1. icases where the consumer has made payment by deposit to Companybank account (as provided in para., 7.2.iii) as well as in cases where payment is made with cash-on-delivery (pursuant to para., 7.2 ii) the Company will make an electronic deposit of the relevant funds to a bank account of a credit institution duly operating in Greece or Cyprus, as applicable, that the consumer will notify to the Company with the Withdrawal Form.

 

TheCompany shall not be liable for any delay in processing the Companyinstructions by the bank for the reimbursement of the funds of para., 11.4 to the consumer, like in cases of delays for which the bank is responsible (strikes, public holidays etc).



    1. The Company shall bear the shipping costs for the return of the goods due to withdrawals pursuant to this para., 11. The consumer must make contact with the Company’s carrier (ACS) for the return of the goods. If the consumers wishes to use another carrier he shall bear the expenses for the return of the goods.

 

    1. Obligations of the consumer in the event of Withdrawal: The consumer is obliged to send back the goods to the Company not later than 14 calendar days from the day on which he has communicated to the Company his decision to withdraw from the contract in accordance with this para., 11.

 

    1. The goods must be returned in the exact same condition delivered to the consumer (with the full packaging box/nylon, without any wear, tear or other changes) and without the price tags, labels, any stickers or other markings etc., having being removed, together with everything contained in the package (including the receipt, any other document accompanying the goods etc). The consumer may handle the goods in the same manner that would have handled them in physical store in order to establish the nature, and characteristics of the goods, without causing any damage to them.

 

    1. The Company shall not accept the return of goods, and shall not refund the amount corresponding to the value of such goods not satisfying the requirements of para., 11.8 and will send them back to the customer at the customer’s expenses.

 

    1. Exceptions from the right of withdrawal

The right of withdrawal of this para., 11 is provided in respect of distance and off-premises contracts. In addition, the right of withdrawal is not provided as regards the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, including swimwear, socks, baselayers.

 

  1. PERSONAL DATA

    1. The consumer provides to the Company specific personal data required for the placing and execution of orders through the E-shop, i.e. his name and surname, email, country, prefecture, city, shipping address (and invoice address, if different) as well as the post code and his telephone number.

 

    1. By submitting the information of para.,12.1 to the Company, the consumer, whether he is:

 

  1. a non-registered user who provides the above information in accordance with para., 6.3,

or

  1. a Registered User, who enters this information to the User Profile, as provided in para., 2.

consents to the processing of his personal data by the Company (as provided inparagraph 12 herein) exclusively for the purpose of submitting and executing orders through the E-shop. Also, as regards Registered Users, the Company may send them advertising messages, promotions etc., to the email address they provided in their Profile, on the condition that these users have opted to receive such messages etc., (see para., 2.4).

 

    1. The personal data of non-registered users are kept only for the time period required for the execution of the order and are thereafter deleted. As regards Registered Users, the Company shall keep the personal data of para., 12.1 until such time the user requests their total or partial deletion from the company’s records, pursuant to para., 2.

 

    1. The consumer is entitled to have direct access to information on matters of his personal data, to have knowledge as to whether personal data that concern him are or have been processed. To this end, the controller iobliged to reply in writing. The Company is the Controller of the consumer’s personal data, to which natural or legal entities administering the E-shop or executing the orders may have access. The consumer may request and receive from the Controller without delay and in a clear and easy to understand manner, information for the data that concern him, like their nature, their origin, the purpose of processing and the recipients of same, as further provided in article 12 of L. 2472/1997 on the Protection of Individuals with regard to the Processing of Personal Data. The request is made to the Company in writing, see contact detail in para., 1.1. In the event that the Controller does not reply within fifteen (15) days or if the reply is not satisfactory, the consumer may file a complain with the Hellenic Data Protection Authority and request to examine the matter (article 12 of L. 2472/1997).

 

    1. The consumer also has the right to object to the processing of data that concern him. Objections are filed in writing with the Company at the contact details of para., 1.1. and must include a request for the performance of a specific action, like for instance correction, temporary withdrawal from use etc. If the Controller does not reply in writing within a strict deadline of fifteen (15) days or if the reply is not satisfactory, the consumer may take the matter with the Hellenic Data Protection Authority and request that it examines his objections (article 13 of L. 2472/1997).

 

    1. The consumer has the right to object at any time to the use of personal data that concern him for future promotions and to request and confirm their total or partial deletion from the Company’s files, request their correction or supplementation, information on the time and manner that the data were initially obtained by the Company as well as to be informed on the methods applied for the protection of personal data (see also para., 2.3 which provides that registered users can see and edit the personal entered to the User Profile as well as their obligation to keep same true, accurate, valid, up to date and complete).

 

    1. The Company uses the personal data in accordance with the laws in force and these Terms and Conditions.

 

    1. All payments made with the use a card are processed through the “Alpha e-Commerce” electronic payment platform of Alpha Bank. The Company requires that the payment of the purchase price and shipping costs, if applicable, has been made in order to execute the order. The Alpha e-Commerce” electronic payment platform informs the Company for the above payment, communicating for such purpose with encryption the credit, debit or prepaid card number (the full credit, debit or prepaid card number is not communicated to the Company, see para., 4.2 the card expiry date, the name and surname provided by the client to the bank. This information is deleted upon the execution of the consumer’s order. In the event of Withdrawal of para., 11 (or where applicable) the Company deposits/transfers the corresponding funds for the reimbursement to the bank account of a credit institution duly operating in Greece or Cyprus, as applicable, indicated by the consumer for the purpose of the reimbursement. The Company shall use the consumer’s bank account details exclusively for the deposit/transfer of the said funds and shall delete them upon the completion of the transaction.

 

  1. INTELLECTUAL PROPERTY

All intellectual property rights subsisting in and/or relate to the E-shop, including trademarks, belong to the sole ownership of the Company or their lawful owners. The reproduction, copy, sale, resale and/or the commercial orother exploitation of all or part of the contents of www.columbiasportswear.gris forbidden.

 

  1. APPLICABLE LAW-COMPETENT COURTS-RESOLUTION

    1. The Terms and Conditions as well as the sale of goods contract between the consumer and the Company are governed by Greek law. The competent courts for the resolution of any dispute regarding the Terms and Conditions as well as the conclusion, interpretation or performance of the sales of goods contract between the consumer and the Company are the courts of Athens.

 

    1. Fortheout-of-courts ettlement of disputes, the consumer may refer to the Conciliation Committees of alternative dispute settlement pursuant to article 11 L. 2251/1994 on the Protection of Consumers (for more information on out-of-court-alternative disputes settlement please see the Secretariat General for Commerce and the Protection of Consumers at http://www.efpolis.gr/el/epanorthosi-askisi-dikaiomaton/79-exodikastiki-epilisi.html).

 

    1. Consumers residing in the Union may resort to an alternative disputes resolution entity (ADR) for the out-of-court settlement of cross border disputes stemming from online purchases, which proposes a solution or brings the parties together with the aim of facilitating an amicable solution. It is noted that the option of an electronic resolution of consumer disputes is available (see https://webgate.ec.europa.eu/odr/main/?event=main.home.show).



    1. The protection afforded by the law provisions regarding contracts concluded by distance as well as these Terms and Conditions apply to consumers who are natural entities and in relation to their dealings with the E-shop that do not fall within their commercial, craft, business or professional activities.

 

    1. In case of doubt between the Greek text of the Terms and Conditions and the English version, the Greek text prevails.

 

  1. PARTIAL INVALIDITY

Should any of the provisions of the Terms and Conditions is declared invalid or unenforceable, such invalidity or unenforceability shall not prejudice the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

 

  1. ENTIRE AGREEMENT

The Terms and Conditions constitute the entire agreement between the consumer and the Company for the sale of goods through the E-shop.

 

  1. AMENDMENT

The Company has the right to, atanytime, and without prior notice, unilaterally amend:

  1. the Terms and Conditions,

  2. the content and information contained in the website www.columbiasportswear.gr which relate to the products available through it. 

 

 

  1. COOKIES

    1. Cookies and their use in Cookies www.columbiasportswear.gr: Cookies are called a small information text files that are used by browsers (Chrome, Mozilla Firefox, etc.) and help to improve the function of a site allowing it, to recognize the user's preferences each time he\she returns to the site. Columbiasportswear.gr, has 4 different types of these text files:

  • Functionality Cookies: Allow basic functioning of the site. These cookies do not collect information about visitors that could be used for marketing purposes or to remember webpages that have browsed the internet.

  • Advertising Cookies: These cookies are necessary to display ads relevant to the user's preferences.

  • Statistics Cookies: They measure the traffic of the users and help columbiasportswear.gr administrators to improve the site's content results, so that visitors have a better experience of the site. These cookies do not collect information, with which the identity of the visitor could be recognized.

  • Preferences Cookies: These cookies help the columbiasportswear.gr to display personalized content for the user.

 

    1. Why columbiasportswear.gr use them? For the proper functioning of the site and the best experience of visitors.

 

    1. The user can change the browser settings (browser) to block some or all the cookies. However, if cookies are blocked, you will not see any of the content of columbiasportswear.gr.

 

    1. Cookies are installed upon the consumer’s consent by selecting the OK button appearing at the top of the screen.

 

    1. The Company is not liable for any damage that may be caused to the equipment of your computer or of any other device or equipment you use by viruses, worms, programs, spyware or other during your connection with the webpage www.columbiasportswear.gr. Please ensure that you have anti-virus, firewalls and that the other computer (or other device, if applicable) protection programs are updated.