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TERMS AND CONDITIONS
These terms and conditions govern the use of this website www.hyperhypo.gr and the purchase of products through this website (hereinafter the “Terms”).
Please read these terms carefully. By purchasing products or otherwise accessing or using any part of the services, you agree to these terms and conditions. These terms may have changed since you last accessed or used the services.
We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site. However, due to monitor color variation, lighting and other factors we cannot guarantee that the color of the product will match the one on the screen.
THE COMPANY
The sale of products through this website is conducted by the company under the name “Hyper Hypo E.E” and the distinctive title “Hyper Hypo”, a Greek company based in Athens, 10 Voreou Street, 10551 Athens. Tax ID: 801624525/DOY A Athens.
WEBSITE USE
The information or personal data you provide to us is subject to processing under the Data Protection Policies. By using this website, you provide your consent to the processing of such information and data and you declare that all information and data you provide to us is true and accurate.
By using this website and/or placing an order through it you undertake to:
PLACING AN ORDER
By placing an order through the website, you guarantee that you are at least 18 years old and that you have legal capacity to enter into binding contracts.
To place an order you will be asked to follow the purchase process and click on the “Place order” button. You will then receive an e-mail from us confirming receipt of your order (“Viva Wallet: Successful Payment”).
All orders are subject to acceptance by us and such acceptance will be confirmed by sending you an e-mail confirming that the product has been dispatched (“Your Hyperhypo order is now complete”). The contract for the purchase of a Product between us (“the Contract”) will only be deemed to have been entered into when we send you the Dispatch Confirmation (“Your Hyperhypo order is now complete”).
The Contract will only apply to the products whose shipment we have confirmed in the Shipment Confirmation.
Upon availability of the Goods and subject to exceptional circumstances in this regard, “delivery” will be deemed to have taken place or the order will be deemed to have been delivered when you or a third party nominated by you, other than the carrier, has obtained physical possession or control of the Goods.
If, after 15 days from the time your order is available for delivery, that order has not yet been delivered for reasons beyond our control, we will consider that you wish to cancel the Contract and the Contract will be considered terminated.
As a result of the termination of the Contract, we will return to you any payment we have received from you, excluding delivery charges, as soon as possible and in any event within 14 days of the date on which the Contract has terminated.
Transport arising from the termination of the Contract may have a higher cost, which we are entitled to charge you for.
RISK AND TITLE
Liability for the goods passes to you once you or a third party you have nominated, other than the carrier, has acquired physical possession or control of the goods.
Ownership of the goods shall pass into your hands either upon full collection by us of all sums due in respect to the goods, including shipping costs, or upon delivery of the goods if this takes place after collection.
PRICE AND PAYMENT
The prices on our website include VAT but not the shipping costs, which are added to the total price. Prices may change at any time, however, any changes will not affect orders for which an Order Confirmation has already been sent to you.
Once you have selected all the products you wish to buy, they will be added to your shopping cart and the next step is to proceed with the order and pay.
To do this, you need to follow the steps of the purchase process, filling in or verifying the information requested at each step. Further, during the purchase process, before payment, you can change your order details.
Payment can be made with Visa, Mastercard, Maestro, Dinners and American Express credit/debit cards.
Your card details will be encrypted. Once we receive your order, your card will only be charged.
The moment you click on the “Place order” button you confirm that the credit/debit card belongs to you.
Credit/debit cards are subject to validity and approval checks by your card issuer. If your card issuer does not approve payment, we will not be liable for any delay or non-delivery and we will not be able to enter into a Contract with you.
Credit/debit card transactions carried out through our website are processed through the electronic payment platform “Viva Wallet” which uses the EV SSL-128bit encryption protocol for certifying the security of your transactions. SSL is an international internet standard which offers 128bit encrypted communication. Through the SSL encryption, the information is coded until it reaches the Bank server, then the server reverts with the security certificate, the confirmation that you have visited a correct website and your public key. Next, your computer uses the public key for encrypting confidential information and sends them to the server, which uses its own private key for having them decoded. The system has been implemented in partnership with Thawte, which is a company specializing in transaction security.
Viva Wallet recognizes the importance of electronic transaction security and certify that they take all the necessary steps to provide payment services with maximum possible protection. Viva Payments, the company that developed Viva Wallet, has received PCI DSS accreditation and implements a robust security policy. This is subject to continuous evaluation performed by a certified auditor.
In accordance with current rules and legislation, all purchases made through this website are subject to Value Added Tax (VAT).
In this context and in accordance with Chapter I of Title V of Directive 2006/112/EC of the European Council of 28 November 2006 on the common system of value added tax, as incorporated into the Greek VAT Code, the place of supply will be deemed to be the Member State of the address where the goods are to be delivered (i.e. Greece) and the VAT rate applicable in Greece will be applied.
According to the applicable rules and legislation of the jurisdiction concerned, the reverse charge rule (Article 194 of Directive 2006/112) may apply to goods to be supplied to certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. In this case, and only in the case of a VAT registered invoice, we will not charge VAT, subject to confirmation from the recipient that the VAT charged on the goods supplied will be paid by the customer under the reverse charge procedure.
INTELLECTUAL PROPERTY
You acknowledge and agree that all intellectual property rights, trademarks and all other intellectual property rights in relation to all material and content provided as part of the website belong at all times to us or those who license them to us. Your use of such material is permitted by you only to the extent expressly authorised by us or our licensors.
This does not prevent you from using this website to the extent necessary to create a copy of an order or the details of the Agreement.
WRITTEN COMMUNICATION
Applicable law requires some of the information or updates we send you to be in written form. When you use our website, you accept that communication with us will be primarily in electronic form. We will communicate with you by e-mail or provide you with information by posting notices on our website.
For contractual purposes, you agree to this electronic form of communication and acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
All notices directed to us by you must be submitted via our online contact form. We have the right to notify you either by e-mail or at the postal address you provided to us when you placed your order.
The notice will be deemed to have been duly served and received 24 hours after the sending of an e-mail or three days from the date of sending of any letter.
Sufficient proof of delivery of any notice will be, in the case of a letter, the fact that such letter is correctly addressed, postage paid and delivered to the post office and, in the case of an e-mail, that such e-mail was sent to the addressee’s designated e-mail address.
EVENTS OF FORCE MAJEURE
We are not liable or responsible for any failure to perform or delay in performing any of our obligations under a Contract caused by events beyond our reasonable control (a Force Majeure Event).
A Force Majeure event is any act, event, failure to perform, omission or accident beyond our reasonable control and includes specifically (but not limited to) the following:
The performance of our obligations under any Contract shall be deemed to be suspended for the period of the Force Majeure Event and the time for performance of our obligations shall be extended for a period equal to the duration of such period.
We will use all reasonable endeavours to end the Force Majeure Event or find a solution that enables us to fulfill our obligations under the Contract despite the Force Majeure Event.
If at any time during the term of a Contract we do not seek your strict performance of any of your obligations under the Contract or any of these terms and conditions, and/or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms, this will not constitute a waiver or limitation of those rights and remedies and will not relieve you of your obligation to comply with those obligations.
Our waiver of an individual claim does not constitute a waiver of any similar claim in the future.
No waiver by us of any of these Terms or of our rights and remedies under the Agreement will be valid unless expressly stated to be a waiver and notified to you in writing, as set out in the clause above relating to Notices.
AMENDMENT OF TERMS
We reserve the right to review and amend these Terms at any time.
At the time you order products from us or use this website, you are subject to our then-current policies and Terms, unless any modification of those policies, our Terms or our Privacy Policy is required by law or governmental authority, in which case any changes will apply to orders placed by you prior to the changes.
LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through it are governed by Greek law.
Any dispute arising out of or related to the use of the website, or these Agreements is subject to the non-exclusive jurisdiction of the Greek courts.
If you are entering into a contract as a consumer, this clause does not affect your legal rights in any way.