Scope of validity:
For business relations between «homeolistic.com» - Orfanoudakis & Co pharmacy (“the company”) and the customer (“the consumer”) the following General Terms and Conditions shall apply exclusively in the version valid at the time of placing the order.
The Online e-store/website “homeolistic.com” belongs to the Company Pharmacy Charalampos Orfanoudakis & CO (henceforth "the Company"), based on 55 Georgiou Georgiadou St., 71305 Heraklion, Crete, Greece, with EU VAT No. EL997580824 member of the Pharmaceutical Association of Heraklion Creta , in Greece), tel. Contact +00302810211451, fax +00302810325540, e-mail: [email protected].
Our Company carries on trading, from distance products through our e-shop www.homeolistic.com, conformant to the requirements of the Greek Laws and the applicable legislation. From the service provided by the store services explicitly excluded, the sale of prescribed and non-prescribed medicines and the execution of medical prescriptions. In the online store, there are available for sale but not limited to or referred to, homeopathic remedies, cosmetics, food supplements, natural products, herbs and other products. Legal representative of the Company is the licensed pharmacist Charalampos Orfanoudakis.
When you visit “homeolistic.com”, submit orders or send electronic messages (e-mails), you contact the “homeolistic.com”, electronically. Therefore you accept the right of “homeolistic.com”, correspondingly, to get in touch with you electronically. You also agree in advance that these electronic communications and information moving through them, meet applicable legal requirements and rules on the exchange of such communications in written form.
The unconditional acceptance of the above terms, is a condition of access and use of this website. The acceptance of the terms is inherent in a conspicuous place, and access to them will be indicated and facilitated by appropriate, according to business ethics. The terms contained in this website, which have been formulated in advance for future contracts (general terms of transactions), bind the consumer, as far as the requirements of the law are concerned, are instructed, that is, their existence from our online store and gives the opportunity to the consumer to receive actual knowledge of their content (N.2251 / 1994). A user’s registration on this website constitutes an automatic, unconditional acceptance of use and operating conditions of the site and the transaction with the website ”homeolistic.com”, store constitutes an automatic, unconditional acceptance of the terms of trade in general.
Please read carefully the terms below and the other above terms, before you take any action, interaction, access, transaction and use of this website and as you comply with them.
Prices are indicated in EUR incl. VAT at the time of placing the order (conclusion of the contract) plus other costs (e.g. shipping). The exact shipping costs for each country are listed under point 5.
Prices are quoted without guarantee. It is always possible that despite the trader’s best efforts some of the products on the site may be incorrectly priced. If the trader discovers an error in the price of the products the consumer will be informed and given the option of continuing to purchase the product at the correct price or cancelling the order.
The contract takes effect upon delivery of the goods as ordered. The declarations of intent resulting in the conclusion of the contract will be stored by the trader and forwarded to the consumer by email upon request.
Shipping of the goods is effected immediately, or, within 7 days at the latest. In individual cases shipping might take longer. In this case the consumer will be informed by separate email.
All content on the “homeolistic.com” website such as, but not binding, text, graphics, trademarks, images (regardless of features), digital files and software is the exclusive property of e-store “homeolistic.com” or content providers who collaborate with the Online Store and protected by Greek and International laws protecting intellectual property rights.
Collection and/or use of any product catalogs, product descriptions or prices, any indirect use of the e-store and the contents therein, for the benefit of another entity, commercial or otherwise, is not permitted without the written consent of “homeolistic.com”.
5. Responsibility & related issues
The Company states that it is not liable for any damage to the counterparty members or to a third party caused by the unlawful conduct of the other party, when it fulfills its own obligations. Third people objectively responsible exercising parental authority or custody of children, court commissioners and commissioners of minors, everyone illustrative, non-exhaustive listed, and any third party who is bound by law or by contract with our online store are not exempted from the requirement of consideration and possible compensation for the store, on the sole ground that customers directly contracted with our store, have acted unlawfully or without consent. The Company is not obliged to know the truth of the provided user’s information and considers the provider of the personal underlying data, subject to it. The contract with the Company, the use of the contractor, the option provided for the payment of a customer’s order by credit card and the subsequent provision of the legitimate holder of the credit card, binds the legitimate holder of the credit card, regardless of the person using the credit card and provide the information requested, therefore conclusively presumed consent as the legitimate holder legally permitted and charged the customer’s credit card with the price of the sale. The illegal or without the consent of the legitimate holder using a credit card for the contract with our online store, does not exempts the legal beneficiary from the obligations derived by the contract, not from any of the Company's claims for compensation, illegal act or omission of the user’s credit card.
The entrance to the site “homeolistic.com”, using personal codes, where a member is appointed when registering, a presumption on the incoming person's identity, in the sense that the use of the codes shall be deemed in any event, that made by the State in which these passwords are correspond. Accordingly, the activity undertaken by the user after entering and staying in the online shop, fully engages the holder of the codes, whether it was he who entered and used the online store services, or anyone else who used these codes or without the consent / approval of the code holder. Therefore, the registered members of this store are solely responsible for the security of their passwords and any damage caused to the Company, in these and any third party of any unauthorized use thereof. For those of our members’ reasons should not disclose to third parties their personal passwords to the online store and exit (logout) from their account after checkout / their browsing, especially where they have entered from a third computer or their personal computer is accessible to others. It is consisted, in our members to inform us immediately in any case of loss, leakage, theft and / or unauthorized use of the password by unauthorized individuals, in order to assist in the change of their passwords to protect them and their personal data.
The Company is responsible solely for the information provided by the same on this website, since he is able by the law to know the accuracy and legitimacy and subject to any typographical errors or minor similar omissions. The Company closely monitors the information it provides to its visitors, subject to the general control and welfare liability for the content of this website. In the provisions of the law are applicable to liability for information society service providers, the Company shall be relieved of liability for the content that third parties any post on this website, so far as it meets the care and control obligations provided by the law.
Our Company is not responsible for deficiencies in the availability of products from force majeure, weather conditions, fire, strikes suppliers, illegal conduct of third parties and generally reasons not attributable to the fault of the Company. Our Company is required to deliver the ordered products with the denominated properties without actual faults (AK 534 ep.).
Our Company is not responsible for any temporary or permanent inability to provide services and delays in acceptance and execution of orders and delivery of ordered goods by reasons not attributable to the fault as indicative of force majeure, extreme weather conditions, natural disasters , emergencies, strikes, fire, malfunctions of partner companies courier, accidental damage or destruction of the products before delivery to the user and after given for mission, illegal interventions of the counterparty or a third party, malfunction provider Processing Online Payment (Bank) or body providing hosting (host provider) or Internet service provider (ISP) or the access provider (access provider) or the user's terminal equipment, incorrect reporting by the user and for every incident that prevents the proper fulfillment its contractual obligations. The liability of the Company is limited to under the contract with the consumer's commitments and will make any effort to respond within a reasonable period of time to them.
Our Company is not responsible for the possible bad condition of the products delivered to you where it is not due to improper storage of the products of our Company, and if taken all precautionary measures to be taken by our Company.
The Company is not responsible for the poor state of the products delivered which are liable to incorrect user’s option, careless or incorrect use of the products, to the manufacturer’s liability, improper making of the products, insufficient information or instructions which accompany the products, quality making, material security and real faults. The Company's liability in case of a defective product is limited to replacement of this requirement, provided that the requirements of the law comply with the terms of the return policy of the Company.
The Company states that closely monitors the security level of the offered services in the electronic environment by using programs against proliferation of viruses and malware. It is recommended to visitors during their tour on this website to use protection software against viruses, Trojan horses, time bombs, etc. Our Company does not bear responsibility for any damage to equipment (hardware), user’s programs (software) of our services and user’s data as well as any other type of false intervention of the users or others for the risks described above, since they abide with the legal obligations and take care of the necessary security measures against damages.
The Company monitors closely the information provided to visitors by the dictates of the Greek Law. However, our Company cannot prevent a possible human error, malfunction of the network or the computer systems of the company that may affect the proper provision of information to consumers about product prices, availability, or features of them. We advise visitors and users of the website in the event that you become aware of any incorrect information (e.g. unusually high or low price of some product), prior to making an order, please contact the customer’s service at tel. +00302810211451 or by e-mail at “[email protected]”, for the immediate correction of the error, a clarification on the price and the features of the product and the more efficient provision of our services to the general public. The Company reserves the right not to execute an order, even confirmed, if the characteristics (price, properties) of the products contained in the order, do not correspond to reality and price lists of the Company, that is to say, the case of erroneous registration.
The Company is not responsible for the content of websites to which our visitors are legally cited, to this current website, links (hyperlinks), frames (frames) etc. Our Company is not responsible for any damage to the user coming from the risks presented in the previous paragraph and any other harmful behavior and practice, as they occur in the electronic environment banking institution, body advertiser on this site or partner courier etc., even if the reference to these sites is from the link on this site «hyperlink», ad «banner» etc. The responsibility for the content, information, safety of visitors and protection of personal data and the quality of services provided lies solely with the owners, operators and beneficiaries of such web sites which the user visits on the user’s own responsibility.
The services that are provided by the experienced scientific associates of our e-shop, information and advice, for issues concerning health, prevention, beauty and aesthetics are offered exclusively for information purposes only and does not replace medical advice, consultations, diagnoses and prescriptions from medical professionals, medical institutions and diagnostic centers shall be required to take and to follow the user of our services to address any health problems and everyday issues that concern him.
User expressly acknowledges and recognizes the exemption, as mentioned above, the Company and agrees to bear full responsibility for his actions and the resulting obligations to compensate victims.
Our Company delivers the ordered products to the cooperating courier companies so as to be sent to our customers. Our Company provides all collaborating companies with courier the necessary information in order to enable the delivery of the orders, among other things, the necessary details of the recipient.
Our Company is exempted from any liability for any injury to the user or to the recipient or any third party may cause the delivery of the ordered product from the affiliated companies courier to a person other than the contractor, if the person resides or works or resides in the residence or workplace of the user or any other place indicated by the counterparty user of the services of the Company as a place of delivery of the ordered products and the responsibility accepted and brought by the user.
Passing of risk: In contracts where the trader dispatches the goods to the consumer, the risk of loss of or damage to the goods shall pass to the consumer when he/she or a third party indicated by the consumer and other than the carrier has acquired the physical possession of the goods. However, the risk passes to the consumer upon delivery to the carrier if the carrier was commissioned by the consumer to carry the goods and that choice was not offered by the supplier, subject to the rights of the consumer against the carrier.
It is strictly forbidden to visitors and users of the web shop to intervene in the form, functionality, services, content, data bases and any other element included in this specific web place, with the usage of any mechanism, malicious or non-software, online operation or not, sending of harmful files such us viruses , spam messages, capable of affecting, harming, suspending, interrupting and generally impede the smooth operation of this site or the connection, entry and usage of the users and jeopardize the provision of services offered.
The Company reserves the right to seek compensation for damage that may be caused by this illegal behavior such as described above indicative and prosecution of the person responsible.
6. Right of withdrawal for consumers
6.1. Right of withdrawal
The consumer has a period of 14 days to withdraw from this contract, without giving any reason. The aforementioned withdrawal period expires after 14 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the goods. Ιn the case of multiple goods ordered by the consumer in one order and delivered separately, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last good. Ιn the case of delivery of a good consisting of multiple lots or pieces, the day on which the consumer or a third party other than the carrier and indicated by the consumer acquires physical possession of the last lot or piece. To exercise the right of withdrawal, the consumer must inform the trader (Pharmacy Orfanoudakis & Co. ,55 G. Georgiadi str. ,71305 Heraklion Greece . Tel. +302810211451, Fax +302810325540, e – mail : [email protected]) of the decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for the consumer to send communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The burden of proof of exercising the right of withdrawal is on the consumer.
6.2. Obligations of the company in the event of withdrawal
In the event of withdrawal from this contract, the trader will reimburse the consumer all payments received from the latter, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the trader), without undue delay and in any event not later than 14 days from the day on which the trader was informed about the consumer’s decision to withdraw from this contract. The trader will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement.
The trader may withhold reimbursement until they have received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
6.3 Obligations of the consumer in the event of withdrawal
The consumer shall send back the goods without undue delay and in any event not later than 14 days from the day on which the consumer communicate his/her withdrawal from this contract to the trader. The deadline is met if the consumer sends back the goods before the period of 14 days has expired. The consumer will have to bear the direct cost of returning the goods.
The consumer only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of rights of withdrawal violations of the law at the time of linking. Illegal contents were not detected at the time of linking. However, any permanent control of the contents of the sites is not reasonable without any concrete indication of a violation of the law. The respective link shall be removed promptly on becoming aware of any violation of the law
7. Protection of personal data & the privacy of the visitors or users
Our Company pays close attention to the developments of the legislation in the field of the protection of personal data on the internet and customizes directly the functions of this website, the software it uses, and how to provide the offered services, in order to ensure fully, absolutely, without exception, and declare the protection of personal data of the visitors – users of the e-store, “homeolistic.com”, . The primary concern of our Company is to provide services of a high standard with respect for the rights, fundamental freedoms, privacy, and confidentiality of communication of the users of our website, which is why we take all appropriate and necessary measures within the law, adopting modern technological processes, advanced technical equipment and software.
Visitors and users of the services of this website while surfing on its website, may be asked to provide voluntarily information and data relating to them to subscribe to services, receive updates, ordering products and enjoy the services of “homeolistic.com”, .
The personal data includes any information concerning the data subject to the statutory exceptions. In this data the designated according to the law, as simple personal data, special protection is included (Article. 2 paragraph 1b, Law 2472/1997). The personal data includes all the simple personal details.
The processing of personal data of the visitors - users, with or without the help of any automatic means, is recommended in any task or a number of tasks such as the collection, recording, organization, maintenance or storage, alteration, retrieval, consultation, use, transmission, dissemination or otherwise making available, alignment or combination, interconnection, blocking (blocking), cancelation or destruction (art. 2d, Law 2472/1997).
The processing of the users of the Company is confidential. Our Company takes appropriate organizational and technical measures to secure data protection against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access or other illegal forms of processing.
The Company acting in accordance with the principle of legality, appropriateness and proportionality process the users’ data, which is acquired legally and is kept on file, in strict accordance with the law (art. 5 Law 2472/1997), only by acquiring the user’s consent.
The Company states that proceeds legally at the users’ data which is collected fairly and lawfully for specified, explicit and legitimate purposes and that, fairly and lawfully are processed ahead of these objectives. Aims that justify the procedure include among others, the execution of the users’ order of this web site, the information requested by users’ newsletter and generally effective delivery of those services offered by the Company.
Our company legally processes and transmits to users’ data in partner courier companies, to enable the delivery of the ordered products. The process is limited to the absolute necessary level (article. 5, paragraph 1, Law 3471/2006).
Furthermore, the collected processed data- is adequate, relevant and not excessive in any given time in relation to the purposes of the processing, and it is also, accurate and, if needed, subjected to update (using legal procedure) and kept in a form which permits the identification of subjects only for the period required for the attainment of the objectives of the data collection and processing (art. 4 par. 1 Law. 2472/1997). Our Company files contracts with the consumers - users of this Site, within the institutional framework and driven smooth processing of orders.
Consumer access to these existing filing contracts can be specifically requested, if needed.
Unique, exhaustively listed in the law (art. 5 par. 2. Law 2472/1997) cases, in which the Company may make a simple edit of user data without their consent, are as follow:
a) The processing is necessary for the performing of a convention, in which the partner’s party is subject to the acquisition of measures after filling in an application during the pre- contractual stage. b) The processing is necessary for the fulfillment of the obligation of the controller, which is required by law. c) The processing is necessary to protect the vital interest of the subject, whether it is physically or legally incapable of giving his consent. d) the processing is necessary for works of public interest, or work out in the exercise of public authority and carried out by a public authority or assigned by it to the controller or in a third party to whom the data is disclosed. e) The processing is absolutely necessary to meet the legitimate interests pursued by the controller or by the third party or parties to whom the data is disclosed, provided that this is clearly superior to the rights and interests of data subjects and data is not encroached on the fundamental freedoms of those.
Furthermore, the processing of data by our Company is permitted when: the user is informed about the nature of the data, the purpose and scope of the processing, the recipients or categories of recipients, or the processing is necessary for the performance of a contract, in which the user is a party, or to take measures during the pre-contractual stage, at the request of the subscriber, even without the user's consent (art. 5, paragraph 2 Law .3471 / 2006). The design and selection of the technical means and systems, and equipment for the provision of services to users of our Company are the basic criteria to process as few personal data as possible. The allowable storage and processing as described above are indicative of the user information, the processing of a customer’s order, to provide requested services and any action under this contract with the Company.
Sensitive personal data of users, such as those described by the law, are not collected by the Company in any way. As an exception to this rule, the Company may collect and process simple personal data after authorization by the competent authority subject too strict, restrictive conditions mentioned by the law.
Consent of the data subject, is any freely given specific and explicit statement of intention, expressed in a clear and informative way, and in which the data subject, having been previously informed, accepts to become the customer’s personal data concerning it. This information includes at least information for the purpose of processing, the data or categories of data being processed, the recipients or categories of recipient of personal data, as well as the name, the name and address of the controller and any representative. The consent may be revoked at any time, without retroactive effect (Article. 2 ia, Law. 2472/1997). A record is not required to provide consent for processing simple user data, so the consent may be given electronically, by all appropriate means.
The users of this web site during the stage of data collection are getting informed by appropriate and clear for the purpose of processing and the recipients of their data. Users enjoy the statutory rights regarding their personal data, have the right to be informed, and have access to their data and objections to the specific provisions of the law (art. 11,12,13 respectively, Law. 2472/1997). Specifically, the objections are addressed written to the controller and must contain a request for specific action, such as correction, temporarily not used, commitment, non-transfer or cancelation. The controller is required to reply in a written way to the objections within fifteen (15) days. To exercise the right of opposition, you can send a letter to our company at 55, Georg. Georgiadi str., 71305 Heraklion – Creta ,Greece
The visitors - users of electronic” www.homeolistic.com”, store in the provision of their data within their transactions with the store, the recording member and all other cases, informed consent and accept the processing of their personal data for the purposes the smooth completion of the transaction and the adequate provision of this website service. The voluntary registration of visitors-users of the shop homeolistic.com ”, their personal data entitles our company to undertake processing of such data in order to fulfill orders and to properly provide the services requested by users. Guests-users of electronic homeolistic.com”, store with this entry provide their statutory required consent to processing of their personal data provided by the Company, within the law.
Any use of electronic communications services which are provided through a public communications network and are publicly available electronic communications and the related traffic data and location data, as defined in Article 2 par. 3 of Law 3471/2006, are protected by confidentiality of communications (article. 4 par. 1 Law. 3471/2006). Personal data of users on this site are protected as confidential by appropriate technological tools and methods. The waiver of confidentiality shall be allowed only under the conditions and procedures laid down by Article 19 of the Constitution. It is forbidden to the guests, users and any third natural or legal person or other organization, the use of spyware on user data held by the Company and the storage and processing of data - including data trafficking - for advertising or other purposes (article. 4 approx. 2, Law. 3471/2006). The Company states that none of the above techniques and practices and any user data is processed within the strictly defined conditions of the law.
8. Customs Office Clause
It is to the customer’s obligation to get informed about the conditions and specifications required by the legislation of his country of residence, so that the products ordered from our online store ensure their uninterrupted course from our store to the recipient consumer. For the necessary specifications, the consumer is informed by the official authorities of the country in which the products are delivered. In particular, products must meet specific customs requirements, conditions and restrictions so as to be imported into the country of destination, such as compositional specifications, species, weight, size, dimensions, requirements of necessary accompanying documents, manuals, etc. The consumer has to confirm that the products he orders from our online store meet these specifications. The consumer can be informed about the features of our store's products either by contacting the product manufacturer or our online store or by any other available way. If the customer finds out that the products do not meet the requirements needed so as to be imported into the country of destination, he/she must abstain from the order, otherwise he/she will bear any costs involved. In particular, the consumer is charged with any cost arising from the refusal of the authorities of the country of destination to authorize the entry of the product into its territory, whether it is the cost of sending and returning the product to our online store, or the cost of storage or necessary handling, or for additional duties or for legally imposed fines due to non-compliance of the products with the legal requirements.
This contract shall be interpreted and governed in all respects according to greek law.
The courts of Heraklion, Greece are exclusively competent for the settlement of any dispute arising from implementing the contract.