Terms of service

 

Welcome to Avgerinospharmacy.gr or Avgerinos Pharmacy

The avgerinospharmacy.gr website (hereinafter the “Website”) is the online store
for the display and sale of products via the Internet of the Greek company “Φαρµακείο Αυγερινός ΕΕ.” (hereinafter the “Company”) trading as Avgerinos Pharmacy.

By accessing or using the Website, you acknowledge that you have
read, understood and agreed that, without limitation or modification,
you are bound by these Terms and Conditions, which include and form an integral
part of the Privacy Policy, drafted in accordance with Regulation (EU) 2016/679
(General Data Protection Regulation) and the corresponding national legislation and principles of law. When
accessing or using the Website, you are obliged to comply with
the Terms and Conditions and any special warnings or instructions
for access or use posted on it. You are required to act
at all times in accordance with the law, commercial practice and good faith. You may not
make any change or modification to the Website,
or to the content or services displayed on it, and you may not
in any way harm its integrity or operation.
If you intentionally or negligently breach any of the obligations
set out in the Terms and Conditions (including the
Privacy Policy), you will be liable for
all losses and damages caused thereby to Avgerinos Pharmacy,
its affiliated companies, its partners or its licensors.
All information available on the Website is intended
solely for educational or informational use. The statements and
products are not intended to diagnose, treat, cure or prevent any
condition or disease, for which in any case you must
consult your doctor. If you have any questions regarding the
nature or proposed use of our products, you may send us an
email at sales@avgerinospharmacy.gr

Who We Are
The Website belongs to the Greek general partnership under the name
"Φαρμακείο Αυγερινός E.E.'' 19441, Greece, with Tax ID No.
998419330, Koropi Tax Office and General Commercial Registry (G.E.MI.) No. 123312103000, legally represented
by Theodoros Avgerinos. The Website
is managed by Shopify.

This document sets out the terms (rights, obligations, liability of the parties) governing
the use of this website and the purchase of products/placement of orders
through the online store (e‑shop) of this website. The owner and operator
of this website is the Company.

Use of the Website’s web pages and services by the visitor/user
and the placing of an order through the online store (e‑shop) presupposes
the unconditional agreement with these terms of use, which apply to all
content, pages, graphics, images, photographs and files
included on the Website (hereinafter the “Terms”). Consequently, the visitor/user must
carefully read the Terms of Use before using its services and, if they do not
agree, they must not use the services and content of the Website.
It is noted that the user/visitor of the website automatically accepts these
Terms of Use as soon as they choose to register as a member or carry out any
transaction. Use of the online store and the Website’s services
presupposes the unconditional acceptance of these Terms by users/visitors.
An integral and binding part of these Terms of Use is the PERSONAL DATA
PROTECTION POLICY [as set out below.]

The Company reserves the right to unilaterally amend or update the Terms
of Use and any integral part thereof at any time without notice. The Company will
post the version of the Terms of Use in force at any given time so that the
visitor/user is informed. The visitor/user is requested to check at regular
intervals the content of these pages for possible changes. Continued
use of the pages and/or services of the Website even after any
changes means the unconditional acceptance by the visitor/user of the
modified and applicable Terms of Use. It is clarified, however, that any change of terms does not
affect orders that you have already placed.

The Company also reserves the right to establish more specific terms of use, which
are considered as a single whole together with these general Terms of Use; however, in the event of a
conflict between them, the special terms of use shall prevail. Any invalidity of some of
these Terms does not entail the invalidity of the remaining ones. Failure by the Company
to exercise any of its rights arising from these Terms shall in no case be construed
as a waiver of such rights, nor shall it imply the tacit abolition of any Term. The Company shall not
be liable for any breach of these Terms due to force majeure, such as
indicatively earthquakes, fires, floods, extreme weather conditions, strikes, pandemics, etc.

Each user/visitor uses this website at their own
exclusive responsibility, and its content can in no case be considered as
providing advice or a direct or indirect inducement to users/visitors to perform
any act. All information available on the Website is intended
solely for educational or informational use. The statements and products are not
intended to diagnose, treat, cure or prevent any condition or disease, for which
in any case you must consult your doctor.

For any question, query or clarification regarding these terms and the
conditions of this agreement, or for comments and complaints regarding the Website,
you may contact us at sales@avgerinospharmacy.gr

Use of this Website must be exclusively for lawful and
legitimate purposes and in a manner that does not impede its use by third parties, and the
visitor/user is obliged to use it in accordance with the law, good morals and
these Terms and not to perform acts or omissions that may
cause damage or malfunction to it, or affect or jeopardize the
provision of services by the Company through it.

This Website and the services offered through it are intended
exclusively for adults. Minors are prohibited from using or visiting it,
as well as from entering into transactions. However, the Company bears absolutely no
liability for any visit to the Website and use of it by minors, given that
it is not able to verify the identity of incoming users/visitors.

II. Intellectual Property Rights

This website and all content of the web pages posted by
Avgerinos Pharmacy, including images, graphics, photographs,
designs, texts, informational material, services and products provided, trademarks,
trade names, distinctive signs, all types of data, software, unless
otherwise stated with respect to specific third‑party rights, constitute the intellectual and
industrial property of the Company and are protected in accordance with the relevant provisions of
Greek and European law and international conventions. Likewise, anything transmitted,
retransmitted or sent via this website constitutes the property of the
Company, insofar as this is possible and lawful.

Intellectual property is acquired originally without any further
formality being required and without the need for a contract or prohibitive clause against infringements.

Any copying, modification, analog/digital recording
and mechanical reproduction, distribution, transfer, downloading, processing, resale,
leasing, storage, printing, creation of derivative works or misleading of the public
regarding the actual provider of the website and its content is expressly prohibited.

The names, images, logos, trademarks and distinctive signs that
represent the Company and appear on this website are the property
of the Company or third parties and are protected by Greek, European and international laws
on intellectual and industrial property. Their use is expressly prohibited without the prior
written permission of the Company or their lawful owner. Third‑party products, trade names,
trademarks and distinctive signs appearing on this website
constitute the intellectual and industrial property of those third parties, who bear exclusive
responsibility for them.

In any case, the appearance and display of the above on the web pages
www.avgerinospharmacy.gr and on this website shall in no way be construed
as a transfer or assignment of a license or right to use them.

Any information and reviews that may be submitted by users/visitors of
this website to and through the Website are considered to be non‑confidential
information and do not constitute the property of the respective user/visitor.

Furthermore, the Company may collect limited and necessary information for its overall
commercial activities.

The online store (e‑shop) is not liable for any technical problems that
may arise for users when attempting to access the Website or during
such access and which are related to the operation or compatibility of their own infrastructure with
the use of the website. Likewise, the Company bears no liability for acts or omissions
of third parties and in particular for unauthorised interventions by third parties in products and/or services and/or
information made available through it.

The Company makes every possible effort to ensure the accuracy, completeness,
validity and clarity of the information and the overall content of the Website. The
users/visitors of this website accept and agree that the Company is unable
to check all of its content and the services offered
through it,

The Company is not liable for side effects and damages arising from the use of ordered
products due to incorrect product selection by the user, careless or
incorrect use of the products, or due to the manufacturer’s fault, such as negligence in
manufacturing, incomplete information or instructions accompanying the products, manufacturing quality,
material safety and actual defects. The Company’s liability in the case of a
defective product is limited to the obligation to replace it, provided that
the conditions for returning products are met.

The Company is not liable for shortages in product availability due to
force majeure, weather phenomena, fire, supplier strikes, unlawful conduct
of third parties and, in general, reasons not attributable to its fault.

Furthermore, it is not liable for any temporary or permanent inability to provide services
and for delays in accepting and executing orders and delivering
ordered products for reasons not attributable to its fault, such as
indicatively force majeure, extreme weather conditions, natural disasters, states of
emergency, strikes, pandemics, fire, malfunctions of cooperating courier companies,
accidental deterioration or destruction of products before delivery to the
user and after they have been dispatched, unlawful interventions by the counterparty or
third parties, malfunction of the Internet Payment Processing provider (Bank) or the
hosting services provider (Host Provider) or the Internet Service Provider
(ISP) or the access services provider (Access Provider) or the user’s terminal equipment, incorrect provision of data by the user and, in general, for any incident
that hinders the proper fulfilment of its contractual obligations. The Company’s liability
is limited to its contractual obligations towards the consumer and it will
make every possible effort to fulfil them within a reasonable period of time.

The Company is not liable for poor condition of delivered products, provided that
this is not due to improper storage of the products by it and that all
preventive measures have been taken on its part.

Any advice and information provided by this website
in response to user queries is entirely valid and reliable, but is given subject to
the accuracy, completeness and truthfulness of the information provided by the user regarding the
issue that concerns them, the characteristics of which (information) we are neither in a position
nor obliged to verify. In the event that the user provides false,
inaccurate and/or incomplete information, our Company is released from liability for the
validity of the advice provided to the user and from liability for any damage suffered by the user
due to information and/or advice that is unsuitable for their needs.

This online store provides the content (e.g. information, names,
photographs, depictions, etc.), products and services available through this
website “as is”, without any warranty, express or implied,
of any kind. The Company also does not warrant that the content of this
website and the quality of the services provided through it will meet
the needs, requirements and expectations of its users/visitors. Any direct,
consequential, incidental, indirect or special damages arising from access to
or use of this website do not create any liability for the Company, its executives,
employees or partners.

This website, in order to facilitate and serve users/visitors,
may provide, among other things, links via hyperlinks or
advertising banners to third‑party websites and web pages, for whose content,
privacy policy, security policy, completeness and
quality of services provided or terms of use the Company cannot
provide any guarantee and bears no liability. Connection to these websites and web pages is
at the sole responsibility of each user/visitor. The above third parties, providers of those
websites and web pages, bear full (civil and criminal) responsibility for the
safety, lawfulness and validity of the content of their websites and
web pages, with any liability of the Company being excluded, including but not limited to liability
regarding intellectual property rights or any third‑party right. Consequently,
users/visitors are obliged to address directly those third‑party providers
for anything arising from visiting or using their websites and web pages.
Although users/visitors of this website accept that the
Company is neither obliged nor able to check the security and content of both the
websites and web pages and the third‑party services to which it provides access,
it is nevertheless entitled at any time to remove, modify or discontinue any third‑party service
or link to third‑party websites and web pages if, in its judgment, the law or these Terms
are threatened or violated.

Users/visitors are obliged to comply with all relevant Greek,
European and International Laws and Regulations, including, indicatively and not
exhaustively, legislation concerning the protection of intellectual property,
protection of personal data, protection of competition, etc. Users/visitors
must also use this website and the services provided
through it in a manner consistent with good morals and these Terms.
Users/visitors accept that they will not use this website
to send by e‑mail or transmit by any other means, or publish content
that is illegal, harmful, threatening, abusive, harassing, defamatory,
slanderous, vulgar, obscene, blasphemous, libellous, that violates the privacy of third parties,
that shows malice or expresses racial, ethnic or other discrimination, that may cause
harm to minors in any way, that they are not entitled to transmit under the
law or under contractual or fiduciary relationships (such as inside information, proprietary
and confidential information acquired or disclosed as part of employment
relationships or covered by confidentiality agreements), or that infringes intellectual
or industrial property rights or other proprietary rights of third parties, that contains
software viruses or any other codes, files or programs designed
to interrupt, damage or destroy the operation of any computer equipment,
software or hardware.

Each user/visitor of this website is also obliged not
to perform acts or omissions that may damage or disrupt its operation
and third‑party access to it, or that may jeopardize the provision of
services offered by the Company through it. Use of the website in an
unlawful manner or in a manner contrary to these Terms gives rise to an obligation to compensate the
Company for any actual or consequential damage it suffers as a result of such conduct. Each
user/visitor is also obliged not to provide false information about themselves,
not to impersonate any other person, not to send
unsolicited or bulk correspondence or multiple copies of messages, and not to
collect information about other users/visitors of the website without their consent,
including financial data and email addresses.

[Any costs or compensation that the Company may be required to pay due to
a breach by a user/visitor of their obligations arising from these Terms
shall be borne by that user/visitor, who is obliged to pay them to the Company immediately
and without the Company being required to resort to the courts.]

V. Security

The Company has taken appropriate technical and organisational measures to ensure
compliance with the legislation on the protection of personal data [REFERENCE TO THE
PERSONAL DATA PROTECTION SECTION], as well as the security of electronic
transactions. All information relating to your personal data and
your transactions is secure and confidential.

Confidentiality is a given. The same basic principles that govern
traditional transactions also apply in the case of e‑commerce.
All information transmitted by the user/member to the Company is confidential
and the Company has taken all necessary measures so that it is used only to the extent
deemed necessary within the framework of the services provided. Some of the measures
taken are the following:

• Only authorised employees have access to your
transaction information and only whenever this is necessary, e.g. for processing
your requests.

• The Company does not disclose customer details or their transactions
unless it has your written authorisation or such disclosure is required by a court decision
or decision of another public authority.

• In the event that the Company uses third parties to support its
systems, it ensures the maintenance of confidentiality.

• Without prejudice to the provisions of the section concerning Personal
Data, you may request any data held about you as well as
its correction if you can substantiate the existence of an error.

• For your own safety, you should also treat all information
provided through the service as confidential and secret and not disclose
any of it to third parties.

VI. Accuracy of Information – Information & Products Provided

When describing our products on the Website, we try to be as
accurate as possible regarding the completeness and validity of the information
listed on the www.avgerinospharmacy.gr website. However, to the extent
permitted by applicable law, we do not warrant that product descriptions, colours
or other content available on the Website are always accurate, complete,
reliable, up to date or error‑free. Avgerinos Pharmacy is committed to the existence of the products, subject to any technical or typographical errors that may have
escaped attention or occurred unintentionally or due to possible interruptions in the operation of the
website for reasons of force majeure.

VII. CREATING AN ACCOUNT

If you wish to purchase a product or use certain services of the
Site, you must create an account with us. To register and
create an account, click here and fill in the required fields with your
personal details. All information you provide is limited to what is strictly
necessary and proportionate and will be handled in accordance with the Privacy
Policy. By entering any information on the Site, you represent and warrant that:

(a) you are over 18 years of age,

(b) you are using your true identity,

(c) you provide only true, accurate, current and complete information, and

(d) you will maintain and promptly update the information you provide
so that it remains true, accurate, current and complete at all times.

You also agree to maintain the confidentiality of your account
and your passwords for using and accessing the Site or any part of it and
agree not to allow other persons to use your name(s) or
password(s). You will be responsible for any action that takes place through your account or
password. We have no liability and will have no liability for any loss or damage caused
by your failure to comply with these obligations. Any information you
provide to us will be used in accordance with the Privacy
Policy.

If you wish to cancel a username or password, or if you become aware of
any loss, theft or unauthorised use of a username or password, please
notify us immediately. We reserve the right to delete or modify
any username or password at any time and for any reason. We also reserve the
right to refuse service and/or deactivate accounts without
prior notice if you breach these Terms and Conditions
or if we deem it to be in the best interests of Avgerinos Pharmacy to act in this way. As a registered member you will receive exclusive privileges available only when purchasing
online, such as:

(a) Exclusive Offers reserved only for our registered members,
and in many cases free shipping or extra gifts.

(b) A Wish List containing all your favourite products from
Avgerinos Pharmacy and its partners, which we keep on file for future
visits and easy purchases,

(c) Notification of Avgerinos Pharmacy news by email,

(d) Quick Checkout, which entails storing your billing
and shipping details for future orders, and

(e) Order History, which allows you to check information on your previous
orders and their status, as well as to re‑order from
previous purchases. To consult your order history you must
visit the “My Account” section as a registered user and
select “Order History” from the left‑hand side of the options bar.

You may unsubscribe at any time from any of the services
provided to you or from receiving emails from us by modifying
Your Profile in the “My Account” section
or simply by clicking on the unsubscribe link at the bottom of any email
we send you.

VIII. Making Online Purchases

Shopping online is easy, convenient and safe. Simply select the product you
wish to purchase, the desired quantity, size or shade and click the
“Your Cart” button. When you have finished shopping, click the “Checkout”
button and follow the instructions for payment and completion of your order.
Please note that you can change the contents or modify the quantities
of the items in your shopping cart until you click “Submit Order”,
after which your order will be processed. Once you submit your order, a
confirmation page will appear and you will be given your order number. You will
also receive a confirmation email immediately after submitting your order
(please check both your inbox and junk mail folder). If the confirmation email
is not received within 24 hours of submitting your order, please
contact us by email for support.

You can track the progress of your order using the
tracking number included in the shipping confirmation email
or via the Order History section for registered users only.

If you have any questions or concerns when placing your order, or if you
wish to inquire about previously submitted orders, please send us an
email at sales@avgerinospharmacy.gr
quoting your order number.

IX. Right of Withdrawal for Distance Purchases

In the case of purchases you make at a distance (e.g. via the Internet),
you may return a product and we will refund you the
price if you notify us in writing by letter or email at
sales@avgerinospharmacy.gr, within 14 calendar days from
the date on which you or a third party indicated by you
received the product. If you order a batch of products, the
period begins when you receive the last product
of the batch or upon completion of the last delivery in the
case of periodic deliveries. Finally, in the case of the purchase of digital
content which is not stored on a tangible medium, the
period begins on the date of conclusion of the contract. When exercising
the right of withdrawal, you are obliged to return the product to us
in its original excellent (as new) condition in which it was
delivered to you, or to provide us with clear and indisputable
evidence that you have safely dispatched it within 14 calendar
days from exercising your right of withdrawal, and
within the same period we are obliged to refund you any amounts
you have paid us, using the same method of payment
that you used to pay the price. In the event that you have paid by payment card,
we will immediately issue the instruction to the card issuer and are not
liable for any delays in the crediting of the price to you
that are not due to us. If you withdraw from this
contract, we will refund all payments received from you,
including the cost of delivery, but excluding any additional costs resulting from
your choice of a delivery method other than the
cheapest standard delivery method we offer.
For example, if you choose to return the product with a different
carrier from the one we work with and therefore the cost
of return is higher than the cost of shipment, the
consumer will bear this difference.
The consumer is liable for any diminished value of the goods
only as a result of handling the goods other than that
necessary to establish the nature, characteristics
and functioning of the goods. We are not liable for and will not
compensate the consumer, nor will the withdrawal produce legal effects,
if damage has been caused to the goods through the consumer’s fault or in the event of use
beyond what is necessary to establish the nature,
characteristics and functioning of the goods.
In any case, products you wish to return must
be accompanied by the necessary legal documents and
proof of receipt. If the shipping costs for returning the
product exceed the cost of universal postal service,
they are not covered by Φαρμακειο Αυγερινος and are borne by the
customer.

You are not entitled to withdraw in the cases of Article 3i(b) of
Law 2251/94 and in any other case provided for by
law or by this document in accordance with the law. Indicatively, you are not entitled
to exercise the right of withdrawal:
1.) For products which are liable to deteriorate or expire rapidly.
(E.g. all infant milk, plant‑based milk, refrigerated products
and beverages are non‑returnable.)
2.) For the supply of sealed goods which are not
suitable for return for reasons of health protection or
hygiene and which were unsealed after delivery
(e.g. masks, antiseptics).
3.) For the supply of goods made to the consumer’s
specifications or clearly personalised (e.g.
orthotic insoles following a foot pressure scan).
4.) For the supply of goods which, after delivery, by their
nature are inseparably mixed with other items.
5.) In the case of the purchase of devices that include software
which is activated after a trial period, about which
the consumer is informed and within which they must either
withdraw or accept the product and the software, the right of withdrawal
does not apply if this trial activation period
expires without the relevant right having been exercised.

 

X. Other Terms / Dispute Resolution – Applicable Law

The Company places particular emphasis on meeting consumers’ needs
and resolving any problems arising from their transactions with us. However, if
we are unable to fully resolve any issues you may have and you consider
that any of your rights arising from our transactions has been infringed in any way,
you may seek to resolve any disputes by resorting to the Online
Dispute Resolution (ODR) Platform as provided for in Article 14 of Regulation
524/2013. You may submit any dispute you may have
for resolution via the ODR. The national contact point for ODR in Greece is the European Consumer Centre of Greece,
information about which and about dispute resolution can be found at
ec.europa.eu/odr. You may also contact the Greek Consumer Ombudsman
(www.synigoroskatanaloti.gr). The above in no way limits the rights that both you
and we have to resort to the competent courts.

Any provision of the Terms of Use that becomes contrary to the law shall
automatically cease to apply, without in any way affecting the validity of the remaining terms.

This document constitutes the entire binding agreement between the Company and the
visitor/user of the Website and its services.

The above Terms, as well as any amendment thereto, are governed by and
interpreted in accordance with Greek law, European Union law and the relevant international
conventions. If any provision is deemed null or voidable by the competent Greek court,
it shall cease to apply, without affecting the validity of the remaining Terms. Any dispute
arising from the use of this website or relating to these Terms
shall fall under the jurisdiction of the competent courts of Athens.

Your comments and suggestions are always welcome. Please
send us your comments and suggestions via our online contact form. If
as a consumer you believe that your rights have been violated, you may address your
complaints to us by writing to sales@avgerinospharmacy.gr with a view to an out‑of‑court
settlement. However, if we are unable to fully resolve any issues you may have and
you consider that any of your rights arising from our transactions has been infringed in any way, we inform you, as required by European Regulation
524/2013, that you are entitled to seek the settlement of your consumer dispute with us
by resorting to the Online Dispute Resolution (ODR) Platform as
provided for in Article 14 of the above Regulation. You may submit any dispute you may have
for resolution via the ODR. The national contact point for ODR in Greece is the
European Consumer Centre of Greece, information about which and about dispute resolution
can be found at ec.europa.eu/odr. You may also
contact the Greek Consumer Ombudsman (www.synigoroskatanaloti.gr). The above in no way
limits the rights that both you and we have to resort to the competent
courts.