1. GENERAL TERMS
Access to GRAFFITO ESHOP is permitted throughout its operation, but the Company reserves the right to withdraw or suspend provision of Services without notice. The Company is not liable in case the access to all or some of the Services is not possible for any reason.
The Company makes every possible effort in order to to guarantee that the information included in the content of GRAFFITO ESHOP is complete, accurate, explicit, valid, informative, updated, truthful and non – misleading. In any case the Company bears no responsibility for or any commitment neither it guarantees the safety and the content. GRAFFITO ESHOP users accept the fact that the Company may not be able to control the entire content and all its Services. Moreover, the Company does not guarantee that the use by its users of the information, data and material included in the content of GRAFFITO ESHOP will not infringe the rights of third persons.
Every user is solely responsible for the use of GRAFFITO ESHOP. Its content is not and can never be interpreted as granting of advice or direct or indirect encouragement of any act or action. It is up to the users, who are also responsible for the use of any part of its content, to evaluate it.
Minor users of GRAFFITO ESHOP are not permitted to access the Services of GRAFFITO ESHOP that are considered inappropriate for minor users and can not be monitored by GRAFFITO ESHOP. If nevertheless minor users visit on their own initiative sites with inappropriate/ offensive/ unethical content and which can not be continuously monitored by GRAFFITO ESHOP, the Company bears no responsibility.
Users are the solely responsible for the possession and maintenance of the telephone connections, computers and the equipment in general necessary for the use of GRAFFITO ESHOP Services.
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS – TRADEMARKS
The intellectual property right is obtained without any formality and without any clause banning its offense being required. GRAFFITO ESHOP and its content (which contains each and every trademark, distinctive mark, patent, trade name, text, image, graphic, design, photograph, program, information material and data of any form, software) constitutes intellectual and industrial property of the Company and is protected by the relevant provisions of Greek, European and International Law.
It is pointed out that according to the Greek law 2121/1993 (as amended and in force today), the International Treaty of Bern (that was ratified with the law 100/1975) and the provisions regarding the copyright on the web, every kind of copy, amendment, interference, transfer, distribution, resale, renting, republication, reproduction, electronic or mechanical broadcasting, save, print, creation of a derivative work, download or mislead of the audience regarding the true carrier of its content is prohibited.
Products, services, trade names, trademarks or distinctive marks of third parties that appear in GRAFFITO ESHOP, constitute intellectual and industrial property of the third parties, who bear the relevant responsibility.
The information submitted to the Company via GRAFFITO ESHOP is not considered confidential and does not belong to the user. To the propriety of the Company belongs, if possible, anything that can be transferred, retransmitted or sent through GRAFFITO ESHOP. The Company can collect limited information for its commercial activities.
3. LIABILITY OF THE COMPANY
The internationalized nature of internet and its volume being taken into consideration, the Company, its executives, its directors, its employers, its partners or its representatives are not responsible for any direct, consequential, indirect or incidental loss or damage that may arise from the access of the user to GRAFFITO ESHOP or the use of it, even in case of negligence. The users are advised to use antivirus software and malicious software protection programs.
The Company is not responsible for any loss, damages or costs that may arise from the use of or the incapability to use GRAFFITO ESHOP of any person, or referring to any inability to run, error, omission, interruption, defect, delay of operation or broadcast or system line fall. The Company is not responsible for any loss, damage or virus infection of the computer or of any other electronic means used by the user to access, visit, use or download material, data, text, images, video or sound from its content.
The Services available through the site are provided to the users of the electronic shop “as they are”. The Company does not guarantee that the context of GRAFFITO ESHOP and the quality of the Services provided will fulfill the demands and expectations of the users. The Company is not liable for any legal claims of civil or penal nature regarding the function or the use of GRAFFITO ESHOP, nor for any kind of damage caused either by visitors of the website or by third parties.
The Company does not bear any obligation or responsibility for compensation for any claim related to the content of GRAFFITO ESHOP or for any fault, defamation or malicious slander, insult, offense, omission, lie, profanity, pornography, blasphemy, danger or inaccuracy found in its content.
4. REGISTRATION/ MEMBER ACCOUNT
For the registration of the user in GRAFFITO ESHOP Services and where and if demanded the user agrees to: a) provide true, accurate, valid and complete evidence while filling in the applications of GRAFFITO ESHOP required for access to its products/ Services to be granted and b) keep and diligently update the registered data in order for them to be true, accurate, valid, updated and complete. As soon as the user completes the registration process defined by GRAFFITO ESHOP, he will receive validation of the password and the user name selected by him. Users are solely responsible for all the acts realized under their password, their username and generally their user account as well as for the proper use of their account, while the Company bears no responsibility for any loss or damage may arise from the incapability of the users to follow and respect the present terms. Users agree to notify immediately the Company for any unauthorized use of their account and for any made and/or possible security violation.
5. MEMBERS CODE OF ETHICS
The use of GRAFFITO ESHOP Services presupposes users’ agreement with the following rules of behavior:
i. The user is solely responsible for any post, publication, mailing, transmission or generally for everything that he makes available through GRAFFITO ESHOP Services. For all information, data, texts, graphics, photos, images, music files, videos, messages and content in general, whether publicly posted or privately transmitted, solely responsible remains the person, natural or legal, from which the content emanates. The Company can not due to its volume monitor the entire content posted by users on GRAFFITO ESHOP Services. Subsequently it does not guarantee the accuracy, integrity, legitimacy or quality of such content.
iii. The user understands and accepts that he shall evaluate and that he is responsible for any danger may arise from the use of any content, including his decision to trust the correctness, completeness and usefulness of any content. In particular, user understands and accepts that he can not be based on the content and information posted on GRAFFITO ESHOP, the information being available in GRAFFITO ESHOP included.
iv. The user is bound to abide closely by the legislation concerning the transmission of data from Greece and Europe to third states.
v. The user understands and accepts that by using GRAFFITO ESHOP Services it may get exposed to offensive, unethical or illegal content. In no case can GRAFFITO ESHOP be considered responsible for any error or omission in any content or for any loss or damage may arise from the use of any content posted, sent, transmitted or otherwise made available by the users on GRAFFITO ESHOP Services. In case which GRAFFITO ESHOP takes notice of any content that causes damage to a third party, reserves the right to delete immediately the content as well as to suspend the function of the user account that violates the present terms.
vi. As long as chatting is made available through GRAFFITO ESHOP, the NETIQUETTE (Code of Conduct for Internet Users) shall be followed. All unfair practices followed by users are forbidden.
vii. In case in which users do not comply with the following terms and the legislation in force, the Company reserves the right to take every necessary measure, such as the denial of access to all or some of the Services provided, the delete, removal, processing of messages.
viii. While using GRAFFITO ESHOP Services it is not permitted to:
Post, publish, send, transmit or install by any method content that is illegal, harmful, dangerous, offensive, damaging, slanderous, vulgar, violent, insulting, racist or objectionable for any reason, that offends the personality and the personal data of others, provokes feelings of hatred and /or any criminal offense or harms minors in any way.
Post, publish, send, transmit or install by any method unsolicited or unauthorized advertisement, product promotion of any content, spams and any undesirable promotion of content nor to harass by any means the privacy and the individual or social rights of other users (such as through the collection and/or saving of personal data of other users/members).
Make false or misleading statements regarding the identity of the user or his relationship and/or cooperation with another natural or legal person nor to alter the elements of identification of the users in order to cause mislead regarding the origin of the content transmitted through GRAFFITO ESHOP Services.
Post, publish, send, transmit or install by any method content emanating from persons unauthorized to make available this content by the law or by a confidential relationship nor to post, publish, send, transmit or install by any method software or content of any form (text, image, sound, video, animation) that violates intellectual and industrial property rights of any carrier.
Post, publish, send, transmit or install, promote, make available by any method content that contains viruses or any electronic code, file or program designed to be inserted, destroy or restrict the function of any computer or telecom equipment software or hardware.
GRAFFITO ESHOP user understands and accepts that he is solely responsible to compensate the Company and its partners for any litigation may arise between him and third carriers due to the content that he makes available for post, publication or other transmission through GRAFFITO ESHOP Services.
6. ADVERTISING INFORMATIONAL MESSAGES- LICENSE FOR COMMERCIAL REASONS
The Company is not responsible for the communication of the user with third service providers that use GRAFFITO ESHOP to advertise themselves or for any commercial transaction that may arise from the relationship between them. The Company is not responsible for the personal data protection policy followed by the abovementioned third service providers during their transactions with the users of these Services.
The user who wishes to get advertised through GRAFFITO ESHOP must apply and receive explicit consent from the Company in order to acquire all the necessary information. The use of GRAFFITO ESHOP Services from GRAFFITO ESHOP users for client shopping regarding the exploitation of other services without the prior special consent of the Company is forbidden.
The user that uses GRAFFITO ESHOP Services in order to post and/ or publish information, data, texts, graphics, photos, images, music files, videos, messages, grants to the Company license to use the space where this content is posted for advertising reasons as long as such content constitutes part of GRAFFITO ESHOP Services. Moreover, the user who posts and/ or publishes information, data, texts, graphics, photos, images, music files, videos, messages consents to the post and/or publication of advertisements by GRAFFITO ESHOP on relevant pages / Services.
7. APPLICABLE LAW AND OTHER TERMS
The present terms and conditions as well as every amendment of them are governed by and interpreted according to the Greek law. If any provision is considered invalid or reversible, it expires ipso iure, without the force of other terms being affected by this reason. In the event of any dispute associated with the use of GRAFFITO ESHOP, that dispute shall be subject to the exclusive jurisdiction of the courts of Athens. Please also note that you have the right to access fro all your online transactions the ODR, at the following link http://ec.europa.eu/consumers/odr