General Terms & Conditions

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General Terms & Conditions

  • 1 Scope and Terms of Use
  1. These general terms and conditions (GTC) govern the contractual relationships between the individual company Elliniko, owner Papastogiannidis, domiciled at the Malerstrasse 24, in 8953 Dietikon, Switzerland (hereinafter referred to as “seller”) and their customers (referred to as “customer” or “buyer”) for the products offered on the website www.elliniko.ch (hereinafter referred to as the website).
  2. These GTC govern exclusively the contractual relationship between the seller and the customer. Conflicting or deviating terms and conditions of the customer are not recognized, unless the seller has expressly agreed to this in individual cases in writing.
  3. These provisions apply both to private consumers and to entrepreneurs or companies. Consumer within the meaning of these terms and conditions is any natural person who makes the order for purposes that can be attributed predominantly neither their commercial nor their independent professional activity, but their private needs and the usual consumption does not exceed. Entrepreneur in terms of these terms and conditions is a natural or legal person or a legal partnership, which acts in the exercise of their commercial or independent professional activity.
  4. The seller can supplement or amend the terms and conditions at any time at its own discretion. The respective (approved) version applies at the time of sending an order (see § 3 (1)).
  5. For the use of our offers, the customer agrees to truthful and complete information in the context of the registration. If this is not adhered to by a customer, the seller expressly reserves the right to refuse the registration or order of a customer. Furthermore, the seller accepts no liability for false information of the customer via the Internet shop of the website.

 

  • 2 Subject of the contract
  1. The object of the contract is the article offered and purchased by the customer via the online shop of the website offered and sold. The articles are exclusively food (as well as drinks) originating from Greece.
  2. The product images displayed on the website, in particular the colors shown, may deviate from the original product for technical reasons.
  3. The photos contained on this website are for illustrative purposes only, they do not constitute a binding offer and no warranted characteristics can be derived from it.
  4. The seller distributes various Greek foods (as well as drinks) via the online shop of the website. Concerning the specifics of the products, reference is made to the corresponding description of the selected product on the website.

 

  • 3 Conclusion of the contract
  1. When ordering in the online shop, customers can view the desired and currently offered products by clicking on the product image and put them via the link “Add to cart” in the cart. The content of the shopping cart can be viewed at any time by clicking on the “Shopping cart” link in the upper right corner of the image display of the online shop (see corresponding image icon). The selected products that can be viewed in the shopping cart can be ordered by clicking on the button “to checkout”: This is how the customer gets to the cash register. At the cash desk, after entering the personal information required in the input mask, the customer can pay directly for the previously selected products via the button “Buy” and send the order to the seller.
  2. For a purchase of the products, the indication of the e-mail address, the complete address and the choice of shipping and payment is required in the context of the purchase process in the “box office”.
  3. After ordering the desired products, the customer will receive an order confirmation on his specified e-mail address, in which his data and his order are listed again. This binding order confirmation represents an acceptance by the seller to conclude the contract. When choosing the method of payment in advance, the customer will receive an invoice together with the order confirmation in the appendix, from which the bank account information can be seen, to which the customer’s advance payment amount or the purchase price has to be paid.
  4. The ordered product will be used after the procedure in accordance with the above clause. 3 within 2-3 working days after receipt of payment to the customer according to the following conditions.
  5. The seller is entitled, even after payment of the purchase price – should the delivery of the products to the customer have not yet taken place – to withdraw from the contract, as far as they can not deliver the ordered goods, for various reasons. In this case, the seller will immediately inform the buyer of the unavailability of the desired products and will immediately reimburse them for any consideration already provided. The seller reserves for this case, to offer a price and quality equivalent goods with the aim to conclude a new contract for the purchase of the same price and quality goods.
  6. The seller is entitled at any time to withdraw from the contract as long as the buyer has not yet paid the purchase price. Relevant point in time when paying with prepayment is the receipt of payment by the seller and payment by means of the other payment methods described below, the triggering of the payment at the credit companies. If the seller in this sense withdraws from the contract, and only then the purchase price paid in the meantime on her account, she will refund this amount to the customer immediately.

 

  • 4 Storage of the contract text
  1. The seller stores the order sent by the customer in the aforementioned manner and the entered order data. The seller sends the customer an order confirmation with the most important order data by e-mail.
  2. Customers have the opportunity to set up their own account, especially for future orders. In this case, the once entered contact data are stored and can be reused or re-adapted in future orders.

 

  • 5 Right of Withdrawal
  1. There is no right of withdrawal on the part of the customer. § 6 prices as well as shipping costs and conditions . All prices quoted on the website are exclusive of VAT and are fixed for the customer, plus the selected shipping costs.
  2. The products are sent by Swiss Post (national consignments within Switzerland). The following shipping methods can be selected by the customer: a) Swiss Post economy b) Swiss Post priority
  3. The shipping costs for the ordered products are displayed directly in the checkout in the cash register. For economy deliveries they are basically CHF 9.- and for priority delivery basically 11.-, plus a surcharge for the weight of the purchased products as shown in the sales process by the computer on the website.
  4. The dispatch takes place within 2-3 working days from receipt of payment by the seller.
  5. Price changes and price errors remain reserved.

 

  • 7 Terms of payment / default
  1. The customer is always pre-paid. The shipping of the products takes place only within 2-3 days from receipt of payment by the seller. Payment via the online shop is made either directly by credit card (the seller accepts VISA, MasterCard, AMEX, Union Day) and TWINT or by invoice. When paying by prepayment, the customer will receive in the separate e-mail confirmation all payment information for the settlement of the prepayment invoice (see the above § 3 point 3). The seller reserves the right to exclude individual payment methods.
  2. When paying by Paypal / credit card, the customer is led directly from the ordering process on the appropriate payment pages and the payment is made immediately.
  3. The seller is expressly authorized and reserves the right to hand over or sell her claims against a customer in default of a specialized agency.

 

  • 8 Warranty and Liability
  1. For defects in the goods sold, the seller is generally liable in accordance with the statutory provisions of the purchase right in accordance with Art. 197 ff. OR, unless otherwise stipulated in these terms and conditions or it has deviated from the seller after conclusion of contract expressly in writing , Subject to mandatory statutory provisions in the presence of a consumer relationship.
  2. The warranty period for defects in all offered purchased goods is, however, for both private individuals and entrepreneurs or companies max. 60 hours (express warranty  restriction), especially as these are transient foods.
  3. Defects in the purchased product that arise during the aforementioned warranty period (warranty period) shall be reported to the seller immediately after their discovery (timely notice of defects). The seller is entitled to demand the proof of the defect corresponding documents such as images, etc. from the buyer. In case of defectiveness of the product, this must be disposed of by the buyer at his own expense.
  4. Any warranty on the part of the seller is void in any case, if the defects in the purchased goods for the following reasons have occurred:

– Damage and functional defects in the products resulting from accidents, improper or improper use, storage or other interference by persons who do not possess the necessary and demonstrable professional qualifications for this purpose;

– Consequences of normal use and normal wear or aging of the product sold

  1. Any liability for third party or consequential damages as well as for a loss of the purchased product is excluded. The seller is not liable for negligently caused damages.
  2. The seller is not responsible for the error-free and / or constantly available data communication over the Internet, not even for the error-free and uninterrupted availability of the online shop. It is not liable for any technical and / or electronic errors that occur during an ordering process.
  3. The use of the products offered by the seller results from the product descriptions on the website and on the packaging, which belong to the products. The seller assumes no liability for any deviating use of the products by the customer.

 

  • 9 Transfer of risk
  1. The risk of the sales item or of the purchased products passes to the customer with the personal handover of the goods or with the delivery for dispatch to a sending provider.

 

  • 10 Privacy
  1. The data necessary for the use of the aforementioned platform will be treated confidentially. In addition, the seller protects the interests and privacy of the users.
  2. By using the platform, users and / or purchasers expressly agree that data will be stored on the external server of the seller’s Swiss / German provider in compliance with the applicable data protection regulations. Both inquiries and answers are deposited directly on the server and can only be accessed by means of identification. The user expressly agrees to this communication. In addition, the user agrees that the remaining correspondence takes place via unsecured e-mails. The vendor endeavors to protect the databases by all reasonable means against unauthorized access, loss, misuse or counterfeiting. When visiting the seller’s website, the web servers register impersonal usage data. The log files provide information about the IP address of the customer, the last page visited, the browser used, date, time and the requested file. The Seller reserves the in-house analysis of this information to identify trends, generate statistics and improve our online offering. At the same time, she ensures that usage data is not linked to personal data. If Customers choose to provide additional information to the Seller in connection with inquiries or otherwise, Seller will treat such information in accordance with applicable data protection laws.
  3. The above-mentioned platform of the seller commits itself to use personal data carefully and exclusively for the purposes indicated. The user agrees that the information provided when using the systems can be viewed and processed by the employees of the seller and by the operators of the platform. A distinction is made between cookies that are only active as long as the browser is open and those that are permanently stored on the hard disk. According to the Data Protection Act, permanent cookies are only permissible if the users give their consent for use. The seller respects this principle and leaves the customer the choice of whether to work with persistent cookies or not. However, the seller informs the customers that access is only possible with activated cookies. These text files stored on the hard disk do not contain any personal data. How to turn off cookies or refuse to accept them can be found in the help pages of the browser.

 

  • 11 Copyright
  1. The seller has copyrights on all image motifs on the products sold on the aforementioned Internet platform. Any use of these works by third parties may only be carried out with the written consent of the seller.

 

  • 12 Final Provisions
  1. These General Terms and Conditions and the respectively concluded purchase contract are exclusively subject to Swiss law, excluding the UN Sales Convention. With the foreign purchase (outside of Switzerland) the competing mandatory regulations are reserved for private consumers.
  2. Jurisdiction for disputes arising from the present contractual relationship – subject to mandatory jurisdiction – between the seller and her customer is Dietikon or the court responsible for this area.
  3. Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions of the contract. In this case, the invalid or void provision shall be replaced by a new, legally permissible provision which comes as close as possible to the economic effect of the ineffective or invalid provision. If an ineffective contract clause is not subsequently corrected, it will be replaced by a relevant statutory provision.
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