TERMS OF USE

1. INTRODUCTION

By using our online store “modaboom.com”, you consent and unreservedly accept the following terms of use. In any other case, you are kindly invited to refrain from using this website. At the same time, using our e-shop services, you declare that you are at least 18 years old, and that you have the capacity, in accordance with the Greek Law provisions, to enter into binding contracts.


2. WHO WE ARE

The above website belongs to our e-shop bearing the distinctive title “modaboom” (hereinafter referred to as the "Company") based in Thessaloniki, 67 K. Karamanli street, email address info@modaboom.com, Postcode 54642, Phone helpline 2310925999 for direct information of visitors / users / customers of our products (clothing, shoes, accessories, lingerie, swimwear etc.). It also provides the option of online ordering. Therefore, the Company’s only sales channel is strictly through our online store.


3. GENERAL TERMS

The Company reserves the right to unilaterally amend or renew or upgrade the terms of use and terms of transactions applied at the e-shop, whenever necessary. The visitor/user is obliged to read the above terms regularly, as the terms being in force at the time of the Contract conclusion (as defined below) shall be the applicable ones, and using our website shall be alleged as unconditional recognition thereof.


4. AVAILABILITY OF PRODUCTS

“Modaboom.com” website products of this e-shop are available in Greece and worldwide. The Contract of Sale for the products sold through our e-shop, as described below, may be executed in Greek or in English, as desired by the visitor/ user/ customer. All orders are subject to product availability, so if there is any limitation in the products supply or some products are not anymore in stock, you acknowledge and unconditionally accept that we reserve the right to inform you, at the phone number indicated by you or via email, for similar products being currently available, of equal or higher quality and value, which you may order. If you do not wish to order such similar products, we will refund, interest-free, the amount which may have been paid in full.


5. INTELLECTUAL PROPERTY RIGHTS

All content of our website modaboom.com, including trade names, trademarks, images, graphics, photographs, texts, etc is owned by the Company, and protected by the relevant provisions of the Greek law, European law and International Conventions. Any copying, transfer or creation of any derivative material or material misleading the public about the real provider of the website content is not allowed. Any reproduction, republication, uploading, posting, transmission or any other use of the above content in any manner or means, for commercial or other purposes, is permitted only with prior written consent of the Company, or any other copyright holder. The names, images, logos, distinctive features representing the website or any third parties, as well as the products or services are proprietary marks and intellectual property products of the Company or of third parties and are protected by the Law. Their inclusion in the website of this webpage should in no way be construed as a transfer or license or right to use.


6. USER RESPONSIBILITY

The visitor / user / customer agrees and commits to use the services, information and data of the e-shop, as required by the Law and by the rules of good faith and of morals. They also commit not to use this e-shop for:
1. Transmission, publication, e-mail transmission or otherwise transmission of any Content which is illegal for any reason, causing unlawful attack and damage to the Company or to any third party or infringing the confidentiality or privacy of any personal information
2. Transmission, publication, e-mail transmission or otherwise transmission of any content causing a breach of morality, social values, minority etc.
3. Transmission, publication, e-mail transmission or otherwise transmission of any content which users are not entitled to transmit under law or valid contracts (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or covered by confidentiality agreements)
4. Transmission, publication, e-mail transmission or otherwise transmission of any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties of any kind
5. Transmission, publication, e-mail transmission or otherwise transmission of any material containing software viruses or any other computer code, files or programs designed to interrupt, damage, destroy any software or hardware
6. Intentional or unintentional violation of the applicable law or of the existing provisions
7. Harassing third parties in any way
8. Collecting or storing personal data of other users.
9. Creation of false or fraudulent orders


7. LIMITED LICENSE

The Company, with the terms and conditions contained herein and all applicable laws and regulations, grants you a non-exclusive, transferable, personal, limited right to access, use and browse in the website and published content thereof. This license is not a transfer of title to the website and the information contained therein, and it must be maintained in all copies of the website, the details of all the annotations concerning copyright and other proprietary rights.


8. CONTRACT OF SALE- ORDERING PRODUCTS

All contents of “modaboom.com” website and the information of the terms of use do not represent a sales proposal but an invitation for information. Only ordering any product from the Company’s e-shop shall be perceived as a conclusion of a distance selling contract (hereinafter referred to as “Contract”), within the relevant legal context (Article 4, Law 2251/1994, as amended and currently in force). For your information, any contract shall not be considered as valid, if not officially accepted by the Company. If your order is not accepted, and the respective amount has already been removed from your account, it will immediately be fully refunded. It is worth noting that placing an order means acceptance, on your part, of the payment obligation to the Company. To complete your order, you need to click on “Send Order” button. Then you will receive an e-mail confirming receipt of the order (Order Confirmation). Receiving a confirmation e-mail means that your order has been successfully placed and accepted by the Company.


9. REJECTION OF ORDER

Although the Company shall try, in every possible way, to handle all placed orders, in exceptional circumstances and if necessary, it may reject successful completion of an order, even if you have already received the relevant confirmation, a right reserved to the Company’s absolute discretion. Additionally, the Company reserves the right to proceed to any action related to this website, such as withdrawing any product at any time, or removing or editing any content. In this case, as in case of refusal to process or to accept an order (after the confirmation email has been sent), the Company shall not assume any responsibility to you or to any third party for any of the above actions.


10. DELIVERY - FAILURE OF DELIVERY

The Company shall make all possible effort to complete the order of the products listed in the confirmation e-mail, until the delivery date specified therein. The selected products shall be sent to the address indicated by you in the order form, via the courier services provider selected by the Company. The products may be shipped, as already mentioned, anywhere within the Greek territory and worldwide. Shipping cost is 5 € for shipments within Greece (including VAT) for each order up to 2 kg, while for orders over 59€ shipping is free. Similarly, for European Union countries, the shipping cost up to 2 kg is 12€, while for non-EU countries and the rest of the world, shipping costs are 18€ (including VAT). For EE orders over 149€ shipping is free, while for non EE orders over 159€. Delivery of products is carried out on the day of order confirmation: a) for shipments within Greece: 1-3 working days and b) for shipments to European countries: 7 working days. If for any reason of force majeure or depending on the delivery area, the Company fails to meet the specified delivery date, you are going to be notified, having the option to either continue your order, with a new delivery date established by the Company, or to cancel the order and receive a full refund (interest-free). A possible reason of delay could also be the availability of those products imported from foreign suppliers, where the above shall apply. In case of incorrect data entered by the Customer, incorrect calculation of shipping costs shall be borne by the Customer. However, if upon 10 days as of the date your order has been available to be delivered and it has not yet been delivered for reasons beyond our control, it shall be presumed that you wish to cancel the Contract, the Contract shall be considered terminated, and the Company shall refund you the full amount (interest-free) of your order as soon as possible, and in any event within 14 days from the date on which the Contract expired. If the order was lost, due to the shipping company, you will be notified and asked if you still want to complete, have replaced or have the company send you the products again. In any other case, the amount of the order will be refunded (interest-free).


11. ORDER CANCELLATION

You may cancel your order calling us at (+30) 2310-925999 or via email at info@modaboom.com. Depending on the status of your order, you will be informed about the existing options, and if the order is still in progress, it may be cancelled, after which a cancellation e-mail shall be sent to you. If the order is cancelled after the products have been delivered to the shipping company, the shipping costs shall be charged (i.e. the cost of shipping the products to the Customer and return to the Company).


12. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The responsibility for the products shall be transferred to you as soon as you or any third party acting under your instructions, other than the shipping services provider, have acquired physical possession or control of the products, which is evidenced by signing the reception slip at the agreed delivery address. Ownership of the products is transferred to the Customer upon full reception, from the Company, of all amounts due in connection with the products, including shipping costs, and upon delivery thereof.


13. PRICES AND PAYMENT

a) Payment Methods

The available payment methods are:
• Credit card: You may pay for your products using your with debit, credit and prepaid Visa/ Visa Electron cards, MasterCard, American Express, Maestro and Diners cards. Your credit card is charged after it has been verified and your order is shipped after the due amount has been removed from your account. All credit card transactions at our e-shop are made in the Alpha Bank e-Commerce system and are protected by online secure systems which guarantee a secure environment.
• PayPal: For this method of payment, your transaction is made in the secure PayPal page, following the instructions of the specific website.
• Cash-on-delivery: You pay the value of your ordered products as soon as you receive them by the courier company. Cash-on-delivery method applies for shipments in Greece only.
• Deposit / Bank transfer to a Company’s bank account:


Bank: ALPHA BANK
IBAN: GR1501407040704002002016877
BIC/SWIFT Code: CRBAGRAA
Beneficiary: SMYRLIS NIKOLAOS

Bank: PIRAEUS BANK
IBAN: GR5801717220006722142866843
BIC/SWIFT Code: PIRBGRAA
Beneficiary: SMYRLIS NIKOLAOS

Bank: EUROBANK
IBAN: GR8302602030000840201765750
BIC/SWIFT Code: ERBKGRAA
Beneficiary: SMYRLIS NIKOLAOS


b) Prices and currency

The prices of products listed on the Website include Value Added Tax (VAT). Shipping costs, as mentioned in paragraph 11, are formed per order, as it depends on the country of delivery. Prices are in euros and are not affected by the order and delivery country. The total value specified in your checkout screen includes VAT and shipping costs. This value will be recorded in the order confirmation, which you are recommended to print or download for future reference. If you pay by bank transfer, delivery procedure will start after your payment has been received, which may take a few days. You are invited to transfer the exact amount, as specified in the order confirmation and make different transfers per order, using the order code mentioned in the confirmation e-mail. If not the payment is received within 12 calendar days after your order has been placed, the order will be automatically canceled. Regarding the prices of products, there are those listed on the Website. Prices may change over time, but changes will not affect any orders which are already confirmed by a confirmation email.


14. PERSONAL DATA

a) Make sure you introduce your Personal data correctly

Using this website you agree with your personal data being processed and you declare that these are accurate and true. The personal and contact information you provide on our website is extremely important for the execution of your online transactions with us, because, among others, they and are the only means the Company has to contact you. For the above reason, particular care is required when filling in the form. The Company shall not bear any responsibility in case any of its contractual or legal obligations are not properly fulfilled or on time, due to incorrect or outdated personal data declared by the Customer. All communication taking place on the e-mail address or the telephone number you have introduced (such as the product being out of stock) will be considered as valid even if it failed to be delivered due to any contact information introduced improperly by you, or due to technical or any other damage to your server, your phone or on your telecommunication provider or due to new contact details which have not been notified to the Company. The same applies for the contact address and shipping address, as well as for fixed telephone numbers. In any case, you are obliged to update your data whenever a change occurs.


b) Registered users

For your convenience in your future purchases, you are provided with the opportunity to register as a user of our website (log in) so your details remain in the Company system. You may create a user profile (Name, Address, Phone Number, City, Postal Code and Country) which you may access with two codes: Username and Password. For security reasons, you may change your Password and, being the only one to have access to this account, you are invited to keep both codes secret from third parties. In case of loss, you have the obligation to immediately notify the Company. Otherwise the Company shall not be liable if your secret codes are used by an unauthorized person.

c) Privacy Policy

The Company, having your service and the best possible transactions with you as priority, collects all your personal information, seriously and responsibly, through our website special electronic form, observing strictly the applicable provisions of Law 2472 / 1997 on the Protection of processing of personal data and of Law 3471/2006 on the protection of personal data and privacy in electronic communications. In addition, the Company uses the personal information voluntarily provided by you, as mentioned above, for direct and effective communication with you, your best service and execution of your orders and does not distribute or transfer to any third party (natural or legal person), not connected with the company, any information and any of your personal data with the exception of the relevant provisions of the law and to the relevant authorities. In case you transfer to the Company any third party personal data, you shall be responsible to inform such person about the use of data and to ensure you have the express consent that such information is given for the purposes explained above. If you have purchased a product or a gift card, the personal information of the other person, provided by you, will be used for the following purposes: a) Managing the delivery and / or verifying the correct delivery of the respective product and b) answering to any questions or service requests made by you or the third person.


15. COOKIES

“Modaboom.com” is using cookies as part of convenience and operation of services through the website i.e. small files (text files), which are sent and stored on the user's computer, allowing the website to operate smoothly and without bugs, to collect several preferences of the user in order to identify frequent users, to facilitate their access to the website and to collect data to improve the site content. Cookies do not cause damage to users' computers, or the files they are kept in. We use cookies to provide you with information and to process your orders, and they are deleted after you exit the website. Please be advised that cookies are absolutely necessary in order for the website to function properly and smoothly.


16. SECURITY OF TRANSACTIONS

To ensure security of your transactions and protection of your personal data, the Company uses SSL technology (Secure Socket Layer), while the website does not record or store in any manner, any of your credit card details. SSL is the most reliable medium for safe transactions through the internet world. Your credit card payment information are transmitted / transferred via the Internet in any encrypted form (SSL 128-bit encryption) and are not accessible from our e-shop. The systems and procedures used by the bank prevent unauthorized third parties access its data and informational systems.


17. RETURNS POLICY

a) Legal right of withdrawal

You have the right to withdraw from the contract signed with our e-shop, without any justification within 14 calendar days from the day you or any third party indicated by you, other than the shipping services provider, has acquired physical possession of the products. In this case only the shipping costs are charged. To exercise the right of withdrawal, you may fill in the return form, clicking the button “RETURN FORM” in the “ORDER DETAILS” page, or contact our company at 2310-925999 or via email at info@modaboom.com.
• In the above case of withdrawal, you are expected to return the products in excellent condition as received, and in particular the products must not have been used in any way (washed, etc.), should be in their original packaging (without any damage) and with the contents of the original packaging (order confirmation.). In addition, for the Company to accept the return of products, the original voucher purchase shall be presented (receipt, invoice) from the person whose personal information is reflected in the order confirmation. No refund shall be accepted without presentation of the original purchase receipt. Withdrawal may not take place for products that are not suitable for return for health or hygiene reasons, products which were unsealed or used, such as underwear and earrings. No refund shall be accepted for products on sale, exchanges only. Returns are not accepted for gift cards.
• Return of products shall be accepted, only if the shipping cost (delivery and return) borne by the Company has been fully paid by the Customer.
• Following the withdrawal declaration, the Company is required to refund the amount received within 14 calendar days from the day we are informed about your decision to withdraw from the Contract. In case of credit card payments, if the Company has received the due amount from the Bank, it shall proceed to any possible action. The Company, after such notification, shall not be liable for the time or the method of refund, regulated by a contract drawn up between you and the respective bank.
• You have the responsibility to indemnify the Company, if you have used the products in any way other than the one necessary to establish the nature, characteristics and functioning of the goods prior to the withdrawal and the Company may agree with you regarding compensation.
• In case of products return, a refund or replacement or substitution with another product of equal or greater value may take place, depending on your desire and in consultation with the Company. For all the above cases, you are invited to contact our e-shop and also call the courier company to collect the goods from your address and return them to the Company. Should you prefer the products to be replaced, please mention the new products on the Order Confirmation. Should you request a refund please note your bank account details (holder name, IBAN and Bank) where the exact amount of your order will be refunded (without shipping costs). The product replacement process or refund is accepted only within 14 calendar days from the day you or any third party indicated by you, other than the shipping services provider, has acquired physical possession of the products. Please note that for promotional products, changes are accepted only in color and size, subject to availability.


b) Defective products / Lack of denominated property

Our Company ensures that all products (regardless of type) are carefully packaged in order to be delivered to you undamaged. Rarely, however, it is possible that any of these products be damaged during shipment or a defected product is delivered to you. For this reason, regardless of your above right of withdrawal, which is not affected, we draw your attention to the verification of products at delivery. Should you accept to receive the product without expressing any reservation, it shall be assumed that you unconditionally accept the product of our Company. In case of liability of the Company for any real defect or lack of guaranteed properties of the product, you are entitled to: a) require the correction or replacement with another product, unless such action is impossible or requires disproportionate costs, b) request a price reduction or c) withdraw from the sales contract, except for minor real defects. If replacement is not possible with the same or another product of your choice due to lack of availability, you may request an interest-free refund (including shipping costs), provided that the request is made within five (5) days from the product receipt. In these cases, you can directly contact us at 2310925999 or email us at info@modaboom.com. After contacting our e- shop, you should call the courier company to pick up the products from you and send them back to us. You are not charged with the return costs of the products, as long as the items are returned in the same condition as delivered, as well as with the same courier company (only for Greece).


18. LIMITATION OF LIABILITY

1. The exclusive right of the Company to discontinue use of the password to our website services, and discontinue the availability of content and information whenever it considers that the visitor / user / customer violates these terms, or if there is evidence and complaints for illegal acts or omissions.
2. The right of the Company to terminate or suspend the operation of the online store and modify its content, at any time with or without prior notice.
3. The Company makes every effort (regular technical verifications) for the uninterrupted operation of the website and to maintain the existing high level of security. However, the Company shall not bear any responsibility in case the website operation is suddenly discontinued or access thereto is not possible, or should, despite the existing security measures, viruses or other malicious software is identified, causing problems in the correct operation thereof or removing personal data of clients and registered users;
4. All product descriptions, information and materials posted on this website are provided “as is”. Therefore the colors shown on the website may differ or be affected by various factors including the configuration of your computer. Moreover, all sizes are approximate and you are invited to select your products using the sizes guide.


19. FORCE MAJEURE

The Company shall not be liable or responsible for any failure to perform or delay in performance of any of our obligations under a contract, which has been caused by events that are beyond our reasonable control (Force Majeure Events). Force Majeure events indicatively may include: strikes, terrorism, war, problems of transport / production suppliers, currency fluctuations, governmental or regulatory actions, and natural disasters etc. Fulfillment of our obligations under any Contract is deemed to be suspended for the period of the Force Majeure Event and the time for the fulfillment of our obligations will be extended for a period equal to the duration of that period. The Company shall make every reasonable effort to find a solution by which to enable fulfillment of our obligations under the Contract, despite the Force Majeure Event.


20. LINKS TO THE WEBSITE

Our website may contain links to other websites and resources provided by third parties. These links are provided solely for informational purposes, and the content of such websites or resources is not in any way under our control. Therefore the Company does not bear any responsibility for any loss or damage that may result from the use of such links.


21. VISITING-SOCIAL NETWORKING

You may keep track with the products and services of the Company, through the social media used by the Company. The operation of the above applications is governed solely by the terms of the respective social networking services and the Company does not assume any responsibility.


22. APPLICABLE LAW - JURISDICTION

This Agreement is governed by the European and Greek law, and especially by the laws regulating issues related to electronic commerce, distance sales, copyright and consumer protection. In the event of a dispute regarding these terms between the visitor / user / customer and the company, the former is required, before initiating any judicial act, to contact our online store “modaboom”, via telephone or email, within 14 days from the occurrence of such fact. Any failure to respect this condition constitutes a breach of an essential contractual provision concluded between the visitor / user / customer and the company. If you choose to access our site from another country, you have the responsibility to observe the laws of that country. The Courts of Thessaloniki shall be competent to resolve any dispute arising from the use of our website or on the interpretation or application of these terms of use.


23. COMPLAINTS

Should you not be satisfied from execution of your order or for any other reason relating to our website, you have the right, within 14 days from the occurrence of the problem, to make a complaint via email at to info@modaboom.com either to fill in the dedicated form. The Company shall consider your complaint as soon as possible and the reply will be sent to the e-mail address indicated by you within 14 days.