Terms of Use
Welcome to our website. The fishingmall. gr is the electronic commercial store selling products via the Internet (hereinafter referred to as the “online store”), created and operated by the general partnership under the name “ALYSANDRATOU OE”, located at 380 EO Athens Corinth, Aspropyrgos, Greece, and legally represented, GEMI number: 133976142000, VAT number 092323106 of the Tax Office of AIGALEO, e-mail address: info@fishingmall.gr, telephone service line of the e-shop: 21 0558 0893 (hereinafter referred to as the “Company”).
Scope of application
The following terms and conditions (hereinafter “Terms”), cover any sale of products from the Company’s online store located on the website fishingmall.gr. Any other Terms and Conditions are expressly excluded. Any user who enters and transacts with the online store (hereinafter the “Customer” or the “User”) shall be deemed to consent and unconditionally accept the terms set forth herein, without exception. If a User does not agree to these terms, he/she must refrain from visiting, using this website and from any transaction with the online store.
General terms and conditions
The Company reserves the right to freely modify or revise the terms and conditions of use and transactions from the online store, and undertakes to inform consumers of any change through the pages of this online store. Contracts through the online store are drawn up in Greek. Only natural persons, aged 18 and over, who have the legal capacity to conclude a sales contract and act in the capacity of a consumer, i.e. for non-commercial purposes, have the right to make a purchase through the e-shop. By placing an order, users of the online shop declare in all responsibility that they have the legal capacity to enter into binding contracts. A prerequisite for placing an order from the online store is the completion and submission by the user/customer of the relevant order form with the necessary data for the conclusion of the sale and the acceptance of the terms of the sales contract and the terms of use.
Information provided
The Company is committed to the truth, accuracy and completeness of the information provided in the online store, regarding the identity of the Company and the transactions provided through the online store. Within the framework of good faith, the Company is not responsible and is not bound by entries of electronic data made by mistake or error in common experience and is entitled to correct them at any time they come to its knowledge.
Limitation of Liability
The Company fully complies with the applicable provisions regarding sales, e-commerce and consumer protection. The Company, in the context of its transactions from the online store, informs the Customer based on the availability or unavailability of products and in no case can guarantee the availability of these products. In any case, the Company undertakes to inform the Customer in a timely manner about the non-availability, in which case it shall not be liable for any further liability. In good faith, the Company, is not responsible and is not bound for any errors or omissions in common experience, in characteristics, photos and prices of products and cannot exclude the possibility that there may be incorrect entries from any cause when entering and/or updating the characteristics and / or price of a product. It undertakes, however, to correct them whenever they come to its knowledge. The online store provides the content (information, names, illustrations, etc.), products and services via the website “as is”. Under no circumstances shall the Company be liable for any claims of a civil and/or criminal nature or for any damage (positive, special or consequential which, indicatively and not restrictively, separately or cumulatively, consists of loss of profits, data, lost profits, monetary compensation, etc.) suffered by any visitor or user of the online store or a third party, for any reason related to the operation or not and/or the use of the website and/or the inability to provide services and/or products and/or information available from the website.
Intellectual Property
All content of the e-shop, such as, but not limited to, distinctive titles, trademarks, images, graphics, texts, etc., is the intellectual property of the Company (or third parties from whom the Company has obtained a license for the operation of the e-shop) and is protected by the relevant provisions of Greek and European law and international conventions. The names, distinctive titles, trademarks, images, pictures, photographs, designs, logos, graphics, distinctive features, texts and audiovisual material, which are listed and represent the online store on the fishingmall.gr website or the products or services of the Company or third parties, are assets and trademarks of the Company or third parties respectively, protected by the relevant laws on intellectual property and trademarks. Their appearance on this website and on the Company’s online store should in no way be construed as a transfer or assignment of a license or right to use them. Any copying, reproduction, distribution, processing, resale, creation of derivative works, modification in any way, or misleading the public about the actual provider of the online store is prohibited. Reproduction, republication, republishing, uploading, posting, communication, dissemination, transmission or any other use of the content in any manner or means, for commercial or other purposes, is permitted only with the prior written consent of the Company or any other copyright holder.
User Liability
The User agrees and undertakes to use this website, as well as the services, information and data of the e-shop, in accordance with the Law, good faith and good morals. The User agrees that he/she must provide true and accurate information in his/her transactions with the online store and to fill in correctly and accurately the necessary fields in the contact forms with the online store (name, surname, email address, etc.). The User assumes all responsibility for the use of his/her account in the online store by persons not authorized by him/her and for any damage suffered by the Company from this cause. The User agrees and undertakes not to use the online store for. etc,
Prices
The Company reserves the right to freely formulate the pricing policy of the e-shop, to modify the indicated prices, to change and/or withdraw offers with or without prior notice to the users/customers, who will be informed of the price in force at any time, by the relevant posting on the website. The prices of products purchased from the Company’s physical store may differ from the prices listed in the online store and the Company shall not be liable and shall not cover any differences in the prices of products that the Customer has subsequently found out from the existence of a lower price in the online store, compared to the physical store or vice versa. All prices of products listed in the online store are in euros and include VAT. The final prices of each product do not include shipping costs, which are calculated in the order text, based on the Customer’s choice of the place of delivery of the products. For additional charges, shipping, delivery or postal charges, as well as any other charges or fees, the Customer is informed before placing the order. Where such charges cannot reasonably be calculated in advance, the fact that such charges may be required shall be made known to the Customer prior to the submission of the order, and in the event that they could not be calculated at the time of the order and were not communicated to the Customer by telephone prior to confirmation of receipt of the order, then they shall not be borne by the Customer without the Customer’s prior express consent. In the event that a product is offered at an unusually low or high price in relation to its market value, the Customer, before proceeding with the order, may contact the Company by telephone or by sending an e-mail to info@fishingmall.gr
Products
The Company, as part of its policy, reserves the right to modify at any time the types and categories of its products and undertakes to accept orders within the limits of its available stocks.
Registration/ Login
For the registration or login of the User to the online store, the User’s full name, contact telephone number, mailing address and e-mail address are required. This information remains strictly confidential. The Company reserves the right to use this information to send updates on offers or new products to customers or registered users.
Order
Order submission – Proposal for purchase The order of products by the Customer is submitted by filling in and sending the special order form available in the online store. Before submitting the order, through a special link, the Customer takes note of the terms and conditions relating to the sale of the products he wishes to acquire and then selects the activation of the relevant icon “I have read and accept the terms and conditions of purchase” and “Order with payment obligation”, thereby expressly and unconditionally declaring that before submitting his order, he has taken note in a clear and comprehensible manner of: -The full details of the Company (name, registered office, publicity details, address, telephone, fax, e-mail address) and the supplier of the products ordered where applicable; -The main characteristics of the products of the order as described in the online shop; -The total price of the products of the order, including VAT, all fees, all additional charges (shipping, delivery or postage) and any other expenses, for the fact that such provisions may be required of the Civil Code for actual defects and lack of agreed qualities, the duration of the contract and the conditions for its termination where applicable and the minimum duration of the Customer’s obligations under the contract where applicable, -The right of withdrawal by the Customer (conditions, deadline, procedure, exceptions) where applicable and, in the event of withdrawal, the charge to the Customer of the direct cost of returning the products to the Company and the Customer’s obligation, if he has made use of it, to pay a reasonable cost to the Company, and where no right of withdrawal is provided under the Law, the information that the Customer has no right of withdrawal or the circumstances under which the Customer loses the right of withdrawal, – where applicable, the possibility of recourse to an out-of-court complaint and redress mechanism to which the Company is subject and the ways of accessing it. The sending of the order to the Company constitutes an offer to purchase the products ordered and a declaration of acceptance of all charges described in the order. If there is no notification or acceptance by the Company, the Customer, if he has made payment for the order, is entitled to a refund of the payment. Confirmation of receipt of order – Charging of sale The order is not binding for the Company until the Customer receives confirmation of acceptance of the order from the Company, as described below. The order shall be deemed to be received by the Company as soon as the Customer receives a notification from the Company at the contact email address he has registered, with the order number and the indication “Confirmation of Order Entry”. During the processing of each registered order, the correctness of the final price of the product and its availability is confirmed and in case the availability or delivery time differs from the indicated one, the Company informs the Customer accordingly. If the Company ascertains the availability and the absence of any errors in pricing or product characteristics, the Company will confirm the acceptance of the order by e-mail. The above message will expressly confirm the contents of the order, the total price and the estimated time of delivery of the order, as already known to the Customer prior to the submission of the order. The order shall be considered binding and the sale shall be deemed to have been made and shall create claims between the Customer and the Company only upon the sending and receipt of the electronic message stating “The order has been dispatched” or “The order is ready for collection”. The status of the order is constantly updated, and also when changes occur during its management, and the Customer is obliged to check the status of his order and immediately inform the Company in writing of any error in his order, otherwise the data indicated in the Confirmation of Order Entry will be applied to the sales contract. The Customer has the possibility to be informed about the progress of the order by the Company either by telephone (21 0558 0893), by sending an e-mail to info@fishingmall.gr or electronically by logging into his account with his personal codes (username and password), selecting “order tracking” via a link. In good faith, the Company is not obliged to accept an order and conclude a sale of products which, due to a mechanical or typographical error, appear in the online store with an incorrect price, either lower or higher than the normal applicable price. If the error concerns only part of the products in the order, the order shall be valid and shall be executed as normal for the remaining products, unless the Customer declares that he does not wish the partial execution of his order, in which case the Company shall cancel the entire order.
Product availability
The Customer is informed about the products and their availability through indications in the online store. The Company reserves the right not to accept a specific order and therefore not to make a sale if the products are not available at the time of the order. If the unavailability concerns part of the products in the order, the remaining part of the order shall be executed as normal, unless the Customer declares that he does not wish the partial execution of the order, in which case the Company shall cancel the entire order. Any payments shall be returned to the Customer without delay, in the same way as the Customer has chosen to pay for the order. In the event that a product is not available after the final entry of the order, the Company shall inform the Customer of the possible delivery time. If the time does not satisfy the Customer, the order is cancelled and any payments are returned to the Customer without delay, in the same way that the Customer chose to pay for the order.
Order delivery
Pick-up from the Company’s physical store – no shipping costs If the Customer, when placing the order, chooses pick-up from the Company’s physical store, no shipping costs will be charged and will receive an electronic notification of the time of pick-up from the specific store of the Company (4 Nikis Street, Syntagma, Athens). The Customer is obliged to receive his order no later than within two calendar days from the receipt of the relevant notification of receipt. If the Customer does not receive the products, the Company is entitled to cancel the order or withdraw from the sale and has no liability for this reason. An extension of the deadline is only acceptable for reasons of force majeure and if the Company has been notified in writing in due time. The Company reserves the right not to accept an order from a Customer who repeatedly fails to come to collect it for any reason whatsoever. In order to receive the order, the Customer must show the order confirmation (order number), the notice of receipt and an official identification document (identity card, passport, etc.). Delivery may also be made to a third person authorised to do so by the Customer, with a special authorisation from the Customer (certified by a CCP, police or other authority) and an official identification document of the authorised person (identity card, passport, etc.). The Customer or the authorized third party upon receipt, must check the products received, as with his signature confirms that he has received properly and from the receipt the risk passes to the Customer. Shipping to the place chosen by the Customer If the Customer, when placing the order, chooses to ship the products to a place of his choice, the products are delivered to a partner transport company (courier) and the Customer will receive an electronic notification that the product is ready for shipment. The Customer will be informed by the courier company of the delivery time. Shipping costs are borne by the Customer and are calculated based on the order when it is submitted, through a special link, entering the county and postal code of the region of his choice. Any incorrect entry of shipping data by the Customer that results in an incorrect calculation of shipping costs shall not be borne by the Company, but by the Customer. In case the Customer chooses payment by cash on delivery, the Customer shall not be charged with the cash on delivery costs. For the receipt of the order, the Customer must show the employee of the cooperating transport company the order confirmation (order number), the notice of shipment and an official identification document (identity card, passport, etc.). Delivery may also be made to a third person authorised to do so by the Customer, with a special authorisation from the Customer (certified by a CCP, police or other authority) and an official identification document of the authorised person (identity card, passport, etc.). The Customer or the authorized third party upon receipt must check the products received, as with his signature he confirms that he has received them properly and from the receipt the risk passes to the Customer. If the Customer does not receive the products after receiving the notice of shipment and despite the relevant notice of the carrier, the Company reserves the right to either cancel the order or withdraw from the sale. When the place of shipment is not covered by the network of the cooperating transport company or the Customer wishes to transport the products by his own means and expenses, the Customer shall inform the Company in writing, indicating the means of transport of his choice (transport company, agency, etc.) and the Company undertakes to send the products in the manner indicated by the Customer. In this case, the possibility of paying the order on delivery is not provided and the Customer pays the order as well as the cost of shipping the products to the agency or the transport company or the means of his choice, before the dispatch of his order. In such cases, the risk of the sale shall pass to the Buyer at the time of delivery of the sold products to the carrier. Ownership of the sold and delivered products remains with the Company until the final, full and complete payment of the price to the Company.
Delivery Time
The delivery time of the products is specified in the order depending on the availability of the products and their place of shipment, which is confirmed by the acceptance of the order by the Company. In any case, the Company must deliver the products no later than thirty (30) days from the time of the preparation of the sale, otherwise, and in the absence of a written agreement to extend the time (email), the Customer is entitled to unilaterally cancel the order by written declaration by email to the Company’s email address info@fishingmall.gr. If the order is cancelled and the sales contract is thus terminated, the Company shall refund, without delay, all the money paid by the Customer in full. For bulky orders or for special orders or orders tailored to the Customer’s requirements, the thirty (30) day delivery time does not apply and the delivery time shall be agreed with the Customer in writing (e-mail), as the case may be.
Liability for defects-Returns
Regardless of the Customer’s right of withdrawal, the Company shall be liable under the provisions of the Civil Code when the product purchased by the Customer does not comply with the contract and in particular when it has an actual defect or does not have the agreed properties. In order for a quality to be considered as agreed, it must be agreed in writing. In the event of the Company’s liability for an actual defect or lack of agreed properties of the product, the Customer is entitled, at his option: a) to demand, without charge, the correction or replacement of the product with another, unless such an action is impossible or requires disproportionate costs, b) to request a reduction in the price or c) to withdraw from the sales contract, except in the case of a minor actual defect. If the Customer chooses to have the product repaired or replaced, the Company must carry out the repair or replacement within a reasonable time. The above statutory rights of the Customer (CC 540) shall lapse after two years for mobile products. The Company shall replace the products purchased by the Customer in all cases in which, through the proven fault of the Company, the products delivered to the Customer are different or substantially different from those ordered. In all other cases, returns on food or perishable products are not accepted for reasons of health and hygiene protection.
Force majeure
The Company reserves and does not accept liability in cases of force majeure or unforeseeable situations or events that are unforeseeable in its objective judgment. The Company is not responsible for delays in the execution of the order, which cannot reasonably be attributed to the Company’s fault or due to force majeure (strikes, bad weather conditions, etc.) and undertakes to inform the Customer in each such case. Network Availability & Security The Company makes every effort to ensure the proper operation of its network. However, the Company cannot guarantee that there will be no interruptions or errors. In any case, the Company does not bear any responsibility in the event that users are unable to connect to the website. The Company is not responsible for the security policy of other websites or for the way they manage their online visitors.
Confidentiality statement
The Company treats the User’s correspondence with the online store as confidential and does not disclose its content except to the directly interested recipient and in cases provided by law if requested or in the event that the content of the message is considered to be prejudicial to the Company. Such action is necessary to a) protect the rights and property of the Company, b) protect the website from misuse or unauthorized use, and c) protect the personal safety of users or consumers. In the event that a User provides a false email address or attempts to take someone else’s place when sending information, all information will be part of any investigation. In addition, if the User requests a representative from the Company’s Customer Service department to assist him/her with any email correspondence, the representative will be able to access the full range of information relevant to the request, including the User’s email address and messages. Invalidity Any invalidity of any of the Terms herein shall not invalidate the remainder.
Applicable Law
These terms and conditions are governed by the provisions of Greek Law, the Directives and Regulations of European Law and the relevant International provisions. Contracts through the e-shop are governed by European and Greek law, in particular by the legislation regulating issues relating to e-commerce, distance selling and consumer protection. The website has been created and is controlled by Greek law, which will guide its use and interpretation. If the User chooses to access the website from another country, it is the User’s responsibility to follow the legislation of that country. The protection of the law on distance contracts, as well as these terms and conditions, apply to transactions only with natural persons, who are dealing for reasons that do not fall within their professional activity. The Company’s failure to exercise its rights under these terms and conditions does not imply a waiver of these rights. All notifications must be made in writing. These terms and conditions have the status of information under Article 3b of Law 2251/1994.
Dispute Resolution
In the event that any dispute arises from the transaction between us and if after your request we are unable to reach a common agreement between us, we inform you that you can contact the Electronic Dispute Resolution platform (webgate. ec.eurora.eu/odr) which is directly linked to the competent independent Authority “Consumer Advocate” (www.synigoroskatanaloti.gr) to which you can submit a request for dispute resolution so that our company can subsequently be contacted by the competent Authority at its e-mail address info@fishingmall.gr. The Company acknowledges in good faith the advisory nature of the decisions of the Authority that will be seized and has not committed itself to the enforceability of such decisions. In any case of non-conciliatory resolution, the courts of Athens shall have jurisdiction to resolve any dispute.