The website neverswimwear.com is the online store for the expose and sale through the Internet of the produced items by the partnership named “NEVER Swimwear” (hereinafter mentioned as “the Company”), headquartered in Greece, 5, Miler, Kolonos, Attiki. These are the necessary terms and conditions, which govern our communications and transactions via our online store neverswimwear.com. Before visiting our online store and our website, we invite you to read these terms and conditions and make sure that you agree with them, given the fact that the further use of the neverswimwear.com website implies the explicit and unconditional consent to them. In case of failure to comply with any term of use, you are prohibited from using this online store.
1. TERMS AND CONDITIONS
The Company reserves the right to unilaterally amend or update the provisions of these terms and conditions related to the transactions made through our online store, according to its common and trade practices. However, the Company undertakes to inform users of any changes made through the website of this online store.
2. PROVIDED INFORMATION & PRODUCED ITEMS
The Company without warrant, and therefore being not liable, makes every effort to ensure that any information and content of this website are subject to a maximum accuracy, clarity, completeness and availability, without prejudice to any technical or typographical error that can not be predicted or has occurred unintentionally or due to a potential close down of the website for reasons of force majeure. However, despite these efforts, it is possible that some inaccuracies will occur. The Company does not warrant the suitability of the information and data provided on the www.sneakaces.com website and expressly disclaims any responsibility for such information. Visitors/ Users are solely responsible for using neverswimwear.com and, in particular, for any information contained on this website (eg pictures and photographs illustrating specific features of the products such as the colour, the stitching, the size, etc.). Visitors/ Users accept that the information is offered “as it is” without any warranty. The Company shall not be liable to users or third parties for any loss due to inaccurate or imprecise nature of such information.
3. LIMITATION OF LIABILITY
Access to the neverswimwear.com website is allowed only under the terms of the relevant server, the technical requirements and the other specifications of the website. The Company reserves the right to restrict or terminate access to any visitor / user of the site www.sneakaces.com anytime without notice. The Company does not guarantee that access to neverswimwear.com will be without interruptions or error free, nor that the errors will be corrected on this website or that the server which offers availability to this website has no viruses or other harmful elements.
In no event shall the Company’s online store be responsible for any legal, civil or/and criminal claim or for any damages of visitors or third parties (incidental, special or consequential, which indicatively and not restrictively, alternatively or/and cumulatively, concern loss of profits, data, compensation, etc.) on grounds related to the function (eg, spreading viruses, loss of data) or not function of the website, the use of the website, the weakness of service and/or information delivery, and/or related to any unauthorized third party’s interventions in products and/or information, which could possible take place through the website (eg, interception or decryption of codes and data).
The Company and any third party who contributes content to neverswimwear.com or is involved in any way in the creation, production or publication of this website do not carry any liability (legal, tort, criminal or other) for any direct, indirect, material or immaterial, incidental or consequential or other loss relating to access to the website or navigating, to the use or inability to use this website, to the information and recommendations contained in neverswimwear.com, or arising from downloading or storing any material, text, data, images, video or audio from this website. This responsibility includes indicatively any responsibility for damage caused by bugs, actions, omissions, interruptions, defects, viruses, data loss, unauthorized access and modification of visitors’/users’ messages and information from any computer system, telephone, hardware, software, but also for damage due to any program malfunction or any other error, omission and/or delay in transmission from the computer or the network connection, etc.
The Company is not responsible for the proper use of social networking sites that belong to other companies or their applications posted on the website neverswimwear.com. Specifically, the user is able to intervene in certain fields, wherever this is technically possible, by expressing an opinion on posted items («Like»), and/or even share posted comments («share») through special applications available to those users who own an account on social network services. The function of this application is exclusively governed by the terms and conditions of the respective social network services, which lie beyond the Company’s sphere of responsibility. In particular, in terms of the content influenced by the website’s visitors using other companies’ applications, the Company is not liable to general and precautionary supervision because the Company is not the starting point of the transmission, it does not select the recipient, it does not select or modify the information provided and it has no general obligation to monitor the services transmitted nor the general obligation to search for facts or circumstances concerning any illegal activities.
The Company shall not be liable to customer/users for any damages resulting from the execution or not of their order. The Company cannot guarantee the delivery time of products in cases of force majeure. The online store neverswimwear.com provides no guarantee for the availability of products, but guarantees an on-time update in case of unavailability. The online store neverswimwear.com provides any content (eg information, names, images, illustrations etc.) and product available through the website “as it is”.
The Company is not responsible for the content of third parties’ advertisements (natural or legal parties) appearing at this website in any form (including, but not limited to, any banner, pop-up window, pop-down window), given that the Company is not able to control the accuracy of the content of third-parties’ advertisements.
4. INTELLECTUAL PROPERTY RIGHTS
The user of the website holds a non-exclusive, non-transferable, personal limited right to access, use and navigate Company’s web pages and its published content.
This right is not a transfer of title of the website and/or a license or right to use website’s components (indicatively but not exclusively: the source code, the program, etc.). This right requires compliance with the intellectual property rights of the Company in accordance with applicable laws and the General Public License GNU / GPL.
The content of this website, including (indicatively but not exclusively) images, graphics, photographs, designs, texts, products, consists to the intellectual property of the Company and is protected by the relevant provisions of Greek law, European law and international conventions. It is forbidden for users to proceed to any copy, analogue/digital recording and mechanical reproduction, distribution, transmission, downloading, processing, resale, creation of derivative work, or even mislead the public about the real provider of the content of this website. Any reproduction, republication, uploading, post, or transmission or any other use of the content of this website in any manner or means, for commercial or other purposes is permitted only with prior written permission of the Company or any other legitimate holder of those copyrights. All products and names, images, logos and trademarks representing the Company and/or its online store neverswimwear.com and/or third parties under contract with the Company, are proprietary trademarks of the Company and consequently protected by Greek, European and international laws for trademark, industrial and intellectual property. In any case, their appearance and publicity through the neverswimwear.com website and the online store of the Company should not be considered as a transfer or license or right to use them freely.
5. USER’S LIABILITY
Visitors/users of neverswimwear.com use this website on their own responsibility and using their own technical means. The Company assumes no obligation with respect to securing and providing access to other websites or relevant facilities to anyone interested. Visitors/users voluntarily and on their own responsibility may download material from the www.sneakaces.com website. The visitor/user solely bears responsibility for any damage caused to its computer system, or any loss of data that results from the downloading of such material.
Users of the neverswimwear.com website accept that they will not use this website or the online store of the Company to send, post, send by email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, offensive, vulgar, obscene, libellous, violates the privacy of a third party, shows empathy, is racist and/or may cause harm to minors in any way, is not allowed to be transmitted in accordance with law or contractual and/or administration relationships (such as inside information, proprietary and confidential information gained through employment relationships or confidentiality agreements), infringes any patent, trademark, copyright or other proprietary rights of third parties, contains software viruses or other codes, files or computer programs designed to interrupt, damage, destroy or supply the operation of computers’ software or hardware, intentionally or unintentionally violates the Greek and/or EU legislation and their regulations, or finally may damage third parties in any way and with any content that enables the collection or storage of personal data related to other users.
Visitors/users undertake to comply with the regulations of Greek law and especially with the internet/telecommunications legislation. Any information submitted by users in neverswimwear.com shall be complete, correct and accurate. In case that a visitor/user causes technical damage to the website or its server, he is liable for any loss resulting from such damage and shall take any expense to repair the damage.
- The user has the opportunity to receive Company’s newsletter to his personal e-mail, if he wishes, by submitting his e-mail address. If no longer interested in receiving newsletter, the user is able to state his wish and unsubscribe from the newsletter’s feed.
- The user 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.
- The user can participate to internet contests conducted through the website, if he wishes, abiding by the individual terms of participation and conduct of each contest.
6. SECURITY ISSUES
The Company recognizes the importance of users’ personal data security through their online transactions and takes all necessary measures, using the most advanced methods, in order to ensure the maximum protection of these data. All information related to users’ personal information and users’ transactions are secure and confidential. The safety of the Company’s online store is achieved by the following methods:
There are two codes used to identify the user: the Login username and the Personal Identification Security Code (Password). Once entered by the user, these codes provide a safe access to users’ personal data. Users are able to change their Personal Identification Security Code (password) and their email as often as desired. In case of loss or leakage users should immediately inform the Company; otherwise the Company is not responsible for any use of their password by an unauthorized person. For security reasons, our Company recommends that users shall change the password regularly and avoid using the same or easily detectable codes (eg date of birth).
In order to ensure the confidentiality of the transfer of data and guarantee a secure on-line trading, the Company uses the encryption protocol SSL (Secure Sockets Layer) – 128bit. The protocol SSL (Secure Sockets Layer) is currently a global standard to certify the web sites used by users for the encryption of data between Internet users and web servers. An encrypted SSL communication requires all information sent between a client and a server to be encrypted by the sending software and further be decrypted by the receiving software, protecting personal information during transmission. In addition, all information sent with SSL protocol, is protected by a mechanism that automatically verifies if the data have been altered during transmission. A firewall controls the access of users to Company’s servers, allowing the use of specific services by the customers/users while prohibiting access to systems and databases with confidential and/or other Company’s information. An encryption takes place when the user inserts personal data (password, address, phone number, etc.) throughout the website and at any point of use.
Nowhere throughout the website does the Company proceed to the storage of any information related to users’ credit card.
During the payment process the user is transferred to the website of Viva Wallet.
Viva Payments institutions are licensed by the Bank of Greece. The same basic principles as applied to traditional banking transactions apply also in Viva Payments. All information transmitted by the user and beneficiary of the credit card to Viva Payments are confidential.
Viva Payments does not keep customer credit card data in its systems. All encrypted data is transmitted to the cooperating banks. Viva Payments customers’ personal and private data are only stored in encrypted form in the Viva Payments systems, without direct connection to the Internet. For more information about transaction security offered by Viva Payments company, the company recommends users visit the following web address: https: //www.vivapayments.com
In addition, once the user registries to Company’s website, his password is encrypted automatically and stored in the database of the Company with one-way encryption MD5.
All transactions made by users through the website shall be governed by the relevant provisions of the Consumer Protection Law (Law 2251/1994) which regulates issues relating to distance selling, but also by the provisions of European and International Laws on e-commerce.
Confidentiality is considered to be self-evident. The basic principles that apply to traditional trade market, apply in the case of e-commerce as well. All information transmitted by the user/member to the Company is confidential and the Company, by taking all necessary measures, uses this information only in cases of necessity. The following examples are part of these measures:
- Only authorized employees have access to information of users related to transactions, and only if necessary, eg for the processing of their applications.
- The Company does not reveal any information related to customers and/or their transactions, unless the Company is authorised in written by the respective user or it is imposed by a court decision or other public authority’s decision.
- In the event that third parties support Company’s systems, the Company shall ensure the respect of the principle of confidentiality.
- The user has the right to know about any data that concern him and which are held by the Company; these data may be corrected in case of an error demonstrated properly by the user.
- For its safety, the user shall handle all the information provided through the Company’s services as private and confidential and guarantee that they will not be revealed to third parties.
While visiting the neverswimwear.com website and when the visitor/user wishes to proceed with an order, he may be asked to hand over his personal information (name, email address, etc); by this way, the contact with the user is ensured in case that he wishes to be informed of the new products of the Company. Any personal data that the user fills in through the web pages and services of the www.sneakaces.com website are used by the Company solely to ensure the operation of the relevant service and may not be used by any third party, without complying with the provisions of the Greek Law 2472/97 in force related to the protection of personal data. The online store of the Company operates in accordance with the Greek and EU legislation and keeps safely user’s personal information for as long as he is registered to services provided by neverswimwear.com this information is deleted on visitor’s/user’s demand. Any personal data indicated by the user through the online store neverswimwear.com are exclusively used by the Company to support, promote and implement the trading relationship. The details of the information held by the Company may be notified to the competent judicial, police and other administrative authorities upon request and in accordance with the legal provisions in force. The user can, under the legislation related to confidentiality of communications, exercise the rights of information and objection, as stated in articles 11 to 13 of Greek Law 2472/1997 in force.
While visiting this website, it is possible that user’s information related to his location will be stored on the basis of his IP address. This location usually concerns the general geographic territory in which the user is located. In case that the storage and the collection of this information is more specific, the browser requests prior user’s consent before storing the details of his exact topographic position.
While navigating throughout the Internet, a registration named “browsing history” takes place, in accordance with the function of Google analytics. The Company may have access to that “browsing history” and consequently control the websites that the user has visited both before and after his visit to the website of the Company; in parallel, information related to user’s browsing and stay duration on the Company’s website is selected.
8. PRODUCT ORDER
The user 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.
In order to place an order the following are required:
- completing the relevant form by providing all information necessary in order to conclude the sales contract,
- 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,
Through the Company’s online store, the visitor/user can find the same products as those being carried at the Company’s headquarters, provided that they are still in stock. While shopping online and completing the order, the user is guided step by step from the automatic system. The order will be filed. Once the order is completed, the user will be sent by e-mail a confirmation receipt of his order. The user shall on his own responsibility check, correct and approve carefully his order before proceeding to its final registration, in order to avoid any errors during the process of selecting products. In any way, this option is given to the user through the website’s system prior to the completion of his order. The Company accepts the order as recorded electronically and has no further responsibility regarding to the order’s content, as selected by the user during the process of electronic transaction. The user is able, through the online order form, to ask for the receipt of the product from Company’s headquarters, either by himself or by an authorized person.
Any 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 user is informed by the Company on:
- the identity and address of the supplier,
- the essential characteristics of the product,
- the price, the quantity and the transfer fees as well as the VAT, if this is not included in the price,
- the method of payment, delivery and order execution,
- the duration of the order or the price,
- the right to cancel the order.
9. CANCELLING AN ORDER/ REPLACING A PRODUCT
The user holds the right to cancel an order without stating any reasons within fourteen (14) calendar days, 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 user must complete and send the relevant cancellation form received at the time of the order’s receipt in hard copy. In this form , the user will have to choose whether he wants to replace the product with another or to return the corresponding amount of money paid ( right of withdrawal) , while he is given the opportunity to supplement the reasons for which he wishes to return the product .
In case of loss of the relevant form or if the user wishes, he has the opportunity to fill in an electronic form on the Company’s website and send it by e-mail to the Company. The above form must be sent to the following email address of the Company: [email protected] .
- In case of cancellation of the order, the user is required to directly return the product in the original packaging, as received by the Company. The Company shall ensure that the products are in excellent condition inside the special sealed and original packaging. After that, the Company is obliged to repay the sums paid by the user/client, 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 user’s credit card via Paypal payment, the right to cancel the order is covered by the terms and conditions imposed by the Paypal Company.
- 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 or doesn’t satisfy his needs (eg.the number was adequate etc). It is necessary that the items are in the same condition they were received in, complete and without damages; the packaging shall be the one which normally accompanies the product, be in excellent condition and include all the documents accompanying the product (eg sales receipt). If the product does not meet the above requirements it will be returned to the sender and the delivery fees will be charged to him.
From the time the user/client sends the product, the Company will receive it within 2-3 working days if the user/client returns it from Greece with ACS services or within 6-10 business days if he returns it from abroad with USPS Priority Mail International.
In case the user/client chooses other carriers the Company is not responsible and consequently cannot guarantee the receipt time of the returned products. After receipt, the Company will immediately proceed to the necessary examination of user’s request and will notify him on the actions taken.
The delivery of the new product will take place over a time period equal to the time of dispatch of the original item
For orders during Bazaar or Clearance REFUNDS and RETURNS are NOT allowed.
The payment methods are the following:
- Credit Card payment via Viva Wallet. Viva Wallet Holdings is a licensed e-money institution for operations license from the Bank of Greece in accordance with the provisions of the PSD Directive II for activities in the EEA-31 region.
- Payment via Paypal. Paypal recognizing the importance of the electronic transaction security, has taken all necessary measures to provide payment services with maximum security.
- By cash, in case that the user/client wishes to receive the product from the Company’s headquarters, either by himself or by an authorized person.
11. DELIVERY FEES / SHIPMENT
The delivery fees and shipment of the products are formed as following:
Courier Company: ACS
Shipping Time: 1-2 working days (3-4 days for remote areas)
Days and time of delivery: Deliveries take place on working days between 9: 00-17: 00
Shipping Costs: 5 euros.
For purchases over 100 euros the dispatch is FREE!
If the user’s location area is not served by the network of ACS, the Company has the responsibility to send the parcel in an alternative way, with free shipping costs for the user for purchases over one hundred (100.00) euros in accordance with the above.
Europe & Other Countries
Courier Company: DHL economy
Shipping Time: 6-10 business days
Shipping Costs: 15 euros
For purchases over 100 euros the dispatch is FREE!
If the user’s location area is not served by the network of DHL, the Company has the responsibility to send the parcel in an alternative way, with free shipping costs for the user for purchases over one hundred (100.00) euros in accordance with the above.
The execution of the order may be delayed for the following reasons:
- In periods of extreme weather or strikes, but also in any event of force majeure that could possibly affect the transport and shipment of user’s order.
- In case that it is impossible to contact by telephone and/or by e-mail the user (eg. if there is a problem with the order regarding to the product or the payment) because, for example, the registered information is not properly updated by him.
- When, in special circumstances due to numerous orders, the Company is unable to meet the strict deadlines of processing and shipping the order. The Company shall, in any case, make every effort to meet the above deadlines but still can not guarantee that this will be possible.
12. APPLICABLE LAW
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.
For any information, question and complaint submission, you are kindly asked to use the choice “Contact Us”.
ΠΑΡΑΣΚΕΥΑΚΗΣ ΕΜΜ. ΝΙΚΟΛΑΟΣ
Μυλλερ 5, Αθήνα ΤΚ 10444