Terms & Conditions

Terms & Conditions

Marks & Spencer

1. General
Information

1.1 Welcome to
marksandspencerfood.gr (hereinafter referred to as the “Website"). marksandspencerfood.gr
is an online website that displays the catalogue of food products (FOODS) of
the “Company". The licensor of this Website is the company “Marks
and Spencer – Marinopoulos Hellas S.A.
" (“Company"), located
in Athens, at 33-35 Ermou Street, P.O. Box 105 63, Athens, Greece, with the
capacity of a Merchant Trading in Clothing Items. Regarding the rights and
obligations of Customers in relation to the Products, Marks and Spencer –
Marinopoulos Hellas S.A. (“Company") is considered the Seller of the
Products.

In these Terms
& Conditions:

       
Company“,
We" or “Us“: Marks and Spencer – Marinopoulos
Hellas S.A.

       
Customer“,
You" or “Your" is the person (natural or
legal) who orders products through the “Website", by placing an order
to the “B2B" department and whose order is accepted by the
“Company".

       
Contract" is
the contract containing these Terms and Conditions and is effective from the
moment the “Company" accepts your order.

       
Products“:
the items offered for sale in the catalogue presented on the
“Website"

       
Services" all
services offered through the “B2B" department of the
“Company", e.g. shipping services.

       
B2B“: the
Business to Business department and finally,

       
Business Day
is considered to be a weekday on which the “Company" has commercial
activity.

1.2 Access to
this Website, and to the products and services offered through this Website (hereinafter
referred to as the “Services"), the use thereof and the placing of
orders are subject to these terms, conditions and notes (hereinafter referred
to as the “Terms and Conditions"). By browsing the Website and using
the Services and/or placing orders for Products, you accept all current Terms
and Conditions, as well as their updates from time to time, which govern the
relationship between us. In the event of your disagreement or reservation about
any or all of these Terms, you may contact the “B2B" department of
our “Company" via the Contact Us section before browsing or using the
Services or placing an order, or you may even send us a written letter to our
address otherwise your acceptance of all Terms is unconditional.

1.3 Marks &
Spencer – Marinopoulos Hellas S.A. Terms of Business Amendment. You should
visit this website regularly to monitor any changes to the Terms and
Conditions. However, it is clarified that the change of terms does not cover
orders you have already placed but applies to future orders. Our Company
reserves the right to modify, renew or upgrade at any time and without prior
notice to the user/consumer/visitor/member/purchaser (hereinafter collectively
referred to as the user) of the “Website" (in whole or in part): a)
part or all of these terms of use, b) part or all of the content of the
“Website" and c) part or all of the interface, structure or
configuration of the “Website" and its technical specifications, as
well as restricting access to the entire website or part of it. The Company
also reserves the right at any time, without justification and without prior
notice to the user of the “Website" to cancel, suspend or terminate
the operation of the “Website". Access to this Website is permitted
subject to these terms and conditions and we reserve the right to remove or
change the Services without prior notice.

1.4 Although we
take great care with the information we publish or send, we do not exclude the
possibility of inaccuracies, clerical errors or misrepresentation of prices. The
“Company" assumes no responsibility for this. The “Company"
is entitled to amend and correct at any time information relating to products,
prices and other information published by the “Company".

1.5 Please note
that the “Help – Frequently Asked Questions" section and the
“B2B" department via the Contact Us section are solely for the
purpose of providing assistance and information and are in no way a substitute
for the “Terms and Conditions". The Privacy Policy is an integral part
of the “Terms and Conditions" and shall bind the parties (the company
and the users) as a whole under the terms of article 1.2. above.

1.6 If you wish,
you can subscribe to our company’s newsletter/newsletters. Subscription is also
possible for non-members.

2. Privacy Policy

You can find our
Privacy Policy, which explains how we will use your information, in the section
entitled “Privacy Policy". By using this Website, you agree to the
contents of this section and warrant that all data you provide is accurate,
true and up to date.

3.
Restrictions on access and use of the Website

3.1 You may not
misuse this Website, obstruct or in any way interfere with the operation of the
Website, or replace or alter its content. You must not commit or encourage
criminal acts, transmit or distribute viruses, Trojan horses, worm viruses,
logic bombs or post any other malicious or technologically harmful material,
and generally do not take any action that may lead to an unacceptable or
extensive load on the infrastructure or operation of the Website. You are also
prohibited from violating the obligation of confidentiality or using the
website in any other offensive or obscene manner.

3.2 In addition,
you must not violate any part of the Services, destroy data, cause
dissatisfaction to other users, infringe the proprietary rights of others, send
unsolicited advertising or promotional material, commonly known as
“spam", or attempt to interfere with the performance or functionality
of any features of the Website or features accessed through the Website.
Violation of this provision constitutes a criminal offence under Greek law. The
“Company" will report any such violation that may come to its
attention to the competent law enforcement authorities and will disclose to
them your identification details, subject to the requirements of the law.

3.3 Your
connection to our website is subject to the terms of Articles 4.4. and 15 by
your own means and through companies and providers selected by you.

4.
Intellectual Property, Software and Content

4.1 The intellectual
property rights regarding all software and content that you access on or
through this Website remain the property of the “Company" or its
licensors and are protected by international copyright laws and treaties. All
such rights are owned by the “Company" and its licensors.

4.2 Under no
circumstances shall the display and viewing of the content of the Website be
construed as a transfer and/or assignment of a license and/or right to use it.  You can store, print and display the
available content exclusively for personal use. You may not publish, manage,
distribute, copy in whole or in part, transfer, process, store, republish,
modify or otherwise reproduce, in any form, any part of the content or copies
of the content provided to you or displayed on this Website, nor may you use
such content in connection with any business or commercial activity unless you
have received written permission from the “Company". You also are not
permitted to modify, translate, decompile, reconstruct or create derivative
works using any software or accompanying documentation offered by the
“Company" or its licensors. In addition, you do not have any license
or consent to use, in any manner, the trademarks of “Company" and you
agree not to use these marks, or any marks of similar colors, without the
written permission of the  “Company".

4.3.
Photographic representation of our products. We have made every effort to
ensure realistic and accurate photographic representation of the majority of
our products presented through our Website. However, due to technological
limitations, these photographs may differ from the actual condition, form and
appearance of the products. This is entirely natural given the limited
technological capabilities, even using the latest technological developments in
the field of photographic imaging. Please note that although the
“Company" has tried to accurately display the colours of its
products, the actual colours you see depend on the specifications of your
monitor and, consequently, may not be accurate. In addition, there may be
information or items in photographs or videos that do not correspond to the
most recent depiction of the product, as they were photographed or videotaped
in an earlier state. In addition, the weight, dimensions and features shown on
the catalogue presented on the Website" are only approximate.

4.4. Permission
to access the website. We hereby grant you a limited license to access and make
personal use of this Website, but not a license to download or modify it or any
part of it, except with the express written permission of the
“Company". This license does not authorize any resale or commercial
use of this Website or its contents; any collection and use of any catalogs,
descriptions or product prices; any derivative use of this Website or its
contents; any downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots or similar data gathering
and extraction tools.

4.5 You may not
reproduce, copy, duplicate, sell, resell, visit or otherwise exploit this
Website or any part of this Website for any commercial purpose without our
express written permission. We have exclusive rights to our company’s domain
name and all trade names appearing on our website are duly subject to legal
protection.

4.6 You may not
use frames or framing techniques to enclose any trademark, logo or other
proprietary information (including video, images, text, page layout or format)
of the " Website " without our written consent. In the event of
unauthorized use, the license granted by “Company" will be
terminated.

4.7 You may not
use any “Company" logo or other proprietary graphics or trademark or
open-source code or any part of the link without our prior written consent.

5. Terms of
sale

5.1 By placing
an order, you agree that you are purchasing a product in accordance with the
following terms and conditions:

·        
Product deliveries are made to
addresses anywhere within the Attica Region.

·        
All orders to the
“B2B" department of the “Company" must have been accepted
by the “B2B" department of the “Company". The Company’s B2B
department is entitled to accept or reject an order.

·        
The Company’s “B2B"
department may confirm the receiving of the order by e-mail or otherwise
(including by telephone). Such confirmation of receiving an order is not an
acceptance of an order.

·        
When an order placed by e-mail
is accepted, the “B2B" department of the “Company" has the
freedom to decide whether to send the confirmation of acceptance of the order by
e-mail or by other written means. The “Company" reserves the right to
confirm or accept verbally (by telephone) orders placed through the
“B2B" department.

·        
The signing of a contract
presupposes that the “Company" has checked the availability of the
specific products and has accepted both your order and payment by cash, card or
other means. Until the “Company" has confirmed both of these points,
it is not obliged to make the products available.

·        
For seven (7) years from the
date of dispatch of the Products, we will retain the details of orders, order
entry confirmations and contracts (as well as these Terms and Conditions).
Customers do not generally have access to this data but if you need it and
request it expressly and in writing, we will make it available to you. We
recommend that you print out these Terms, your order, order confirmation, order
acceptance, payment method confirmation and invoice, and keep them with a note
attached so that they can be used as proof of purchase.

In any case, by
ordering products through the “B2B" department as a
“Customer", you are considered to have consented to and
unconditionally accepted the Terms and Conditions set forth herein, without
exception.

The purchase
contract is binding only after Marks and Spencer – Marinopoulos Greece S.A. has
notified you that it has accepted the order.

5.2.Orders may
be dispatched on all 5 working days of the week (Monday to Friday). For this
reason and in order to keep you fully informed and to protect you as much as
possible from unforeseen circumstances, orders are completed as follows:

5.3. i)Upon
completion of your order request, your total order is displayed, including all
the details of the order. If you choose to pay for your order on delivery to
your chosen location (cash on delivery) then you will receive an Order Confirmation
on the basis of which the products will be delivered to you subject to
appropriate payment on delivery and subject to article 5.7 below and subject to
the conditions of article 10.1 see below. In the event of the “deposit to
bank account" option of the “Company" the order shall not be
executed until the Company’s bank account has been credited. If you choose to
pay for your order by credit card, you are connected to the third-party payment
service provider in order to complete the payment of the agreed price under the
terms.

Upon successful
completion of the payment, you will receive an automated Order Confirmation
message, which is sent to the e-mail address you have provided.

ii) Our Company,
in order to ensure the greatest possible security of transactions, may (but is
not obliged to) carry out a check through its partner payment service providers
as regards the correctness of the payment details you send us (in the
case of payment by credit card) during the process of completing your order and
the connection
with the third party payment service provider, may reject
your order if it detects or there is a possibility that there may be any
problem with these details.

5.4 i) Your
order then passes to the stage of collection in order to be processed and an
e-mail will be sent to you when the products are ready to be dispatched to the
delivery address you have indicated or picked up from one of the
“Company’s" FOODS stores located within the Attica Region. The
delivery of your products is governed by the Terms of Article 7 below. ii) If
for any reason it is determined that there is an unexpected shortage in any of
the products you have ordered or that there is a problem in relation to the
products included in your request, then our Company will make every effort to
contact you either by e-mail to the e-mail address you have provided or by
telephone through a representative of our Company (or all of the above) in
order to discuss with you any modification, correction or replacement of the
product(s). If it is not possible to contact you for a period of 7 calendar
days then your order will be fulfilled to the extent of availability and
cancelled for the remaining part. In any case, any modification of your order
will again be sent to you by e-mail to the e-mail address you have provided us with,
and this message will be the confirmation of your order, on the basis of which
your order will be executed. The dispatch of the products will then be carried
out on the basis of Article 7 below).

5.5. To place an
order on the “Website" you must be over 18 years of age. Visitors
under the age of 18 are not allowed to exchange data or any information with
us. It is your responsibility 1) to provide true, accurate, current and
complete personal data as requested by the “Company" or the
“B2B" department employee when confirming your order and 2) to take
care of the data and update it immediately after any change to ensure its
correctness, timeliness and completeness. When you place an order, you commit
that all the information you provide is true and accurate, that you are an
authorized user of the credit or debit card you used to place your order and
that there is a sufficient balance to cover the cost of the products. In any
case, the Company reserves the right to carry out the audits referred to in
Article 5.3. ii) above.

Restrictions on
the purchase of products due to age:

The purchase of
certain products available through “B2B" is subject to the age
requirements set by law. We are not permitted by law to supply these products
to persons who do not meet these age requirements and, if you are a minor, you
should not attempt to order these products through B2B. In particular, please
note that age restrictions apply in Greece for the purchase of the products
listed below. By placing an order for any of the products below you confirm
that you (or, the recipient of the products) meet the age requirements
necessary to purchase that product:

– Alcohol.
Alcohol may only be purchased by individuals aged 18 years or older.

– Chocolates
with Liqueur. Chocolates with Liqueur can only be purchased by adults, and by
people aged 16 years or older.

5.6 Please note
that due to the nature of our products, the majority of which are products that
can be altered or expire soon, or are perishable and therefore sensitive
products, it is the customer’s responsibility to follow the instructions
provided on the product packaging or on our Website. The customer is also
responsible for the products from the moment they are delivered by the carrier.
Similarly, due to the nature of the products offered, we do not assume
responsibility in case the product is not received by the customer when payment
is made at the time of delivery at the customer’s premises or when the product
is picked up from one of the FOODS stores within the Attica Region, on the day
of delivery through the customer’s own fault, i.e. on the first delivery
attempt. The “Company" reserves the right to change at any time the
specifications listed on its website with respect to any product without prior
notice.

5.7 When you
place an order, you will receive an e-mail confirming that we have received and
accepted your order. Cash payment is valid in case of receiving your order from
one of the FOODS stores of “Company" within the Attica Region.

In case you
choose “deposit to a bank account" of the “Company", the
order will not be executed until the bank account of the Company is credited.
Please note that payment by cash on delivery or cash is only possible in euros.

5.8 In the
course of completing your order you will receive a series of automated e-mails,
which will report the progress of your order.

I) These e-mails
concern the following steps:

a) Order confirmation: as provided for in Articles 5.3 and 5.4 above.

b) Order processing: When the products of the order have been
collected and have been scheduled for shipment to your location which will be
accompanied by the delivery note.

c) Order pending: If any of the products in your order have not been
collected and are pending, we will contact you.

d) Customer receipt: Your order has been delivered to the address
you provided. Receipt/invoice included.

e) Cancelled: Your order was cancelled for reasons stated in the
present Terms and Conditions

II) Also, in
case any pending issue or problem arises during the processing of your order,
then you will receive a corresponding e-mail and/or we will contact you by
telephone at the numbers you have given us during the registration or listing
of the order on our website.

5.9 By sending
an order request, you consent to receiving the above notifications, which are a
prerequisite for the proper progress of your order. We kindly ask you to make
sure that these e-mails can reach you and to keep them throughout the duration
of our transaction. In the event you do not receive the relevant e-mails, it is
your obligation to contact the Company’s “B2B" department via the
Contact Us section. The parties agree and accept that the communication
described in Article 5.8. and the way of conducting it (via e-mail or telephone
communication) also covers the legal requirements of written notification to
you, notification of you, confirmation of your order, where and when required
by law.

In case you wish
to express objections, or for us to provide you with clarifications about the
content of an e-mail you have received as described above, or for any other
reason, you can contact us through the “Contact us" section.

6. Prices

6.1 The
“Company" generally reserves the right, and the user of the
“Website" accepts it, to freely update its pricing policy, to modify
the prices displayed on the website and to change and/or withdraw the offers at
any time with or without prior notice to the users of the “Website",
who will be informed of the current pricing at any time by the relevant notice
posted on the website. The prices of the products are those in force at the
time of acceptance of the customer’s order by the “Company". Specific
prices are shown in the online catalogue of the “Company" on the
“Website". However, the final selling price of the product is the
price communicated to the customer upon acceptance of the order by the Company.
Although we endeavour to ensure that all details, descriptions and prices
displayed on this Website are accurate, errors may occur.

In case the
customer orders something with the wrong price, the “Company" will
inform the customer of the correct price, and if the customer wishes to
continue the order, then the new price -corrected by the “Company"-
will apply to the order. If we are unable to contact you, we will consider the
order cancelled.

Prices are in
Euro and are combined. They include the corresponding statutory VAT. Possible
other costs will be included as agreed and indicated in the respective offer
e.g. shipping costs.

The
“Company" is not responsible and does not cover price differences of
products purchased from a physical store of the “Company" for which
the customer has subsequently found out that a lower price exists in its online
catalogue or vice versa.

The various
product offers are valid until stocks are exhausted.

7. Policy on
delivery

7.1 For your
convenience, our “Company" provides you with alternative ways of
receiving and delivering products. When you place your order, you are requested
to choose how you wish to receive or ship the products you have ordered.
Depending on the method you choose, the total final cost of your order will be determined,
and the payment will be included in the order confirmation.

7.2. The
“Company" shall do its utmost for prompt shipment. However, there may
be reasons that will prevent it from meeting the scheduled delivery date. For
this reason, any date for the dispatch of goods for which you give notice is
merely an estimate and the Company cannot guarantee that the dispatch will
actually take place on the predefined date.

Your order is
considered binding and cannot be cancelled once you receive an e-mail from the
“Company"‘s “B2B" department indicating “In
Shipment" or “Available for Delivery". Returns to the products
are not accepted.

In the event
that the “Company" is unable to dispatch the products on the
predetermined or agreed date, it has the option to cancel the order and to
refund the “Customer" any amounts paid. If an order is cancelled, the
“Company" is only obliged to refund the customer the amounts paid.

i) Picking up
your order from one of the “Company’s" Food Shops (FOODS) located
within the Attica Region can be done during the days when the
“Company" is exercising commercial activity, i.e. Monday – Saturday
and during the hours when the respective store is open, excluding public
holidays. Upon receipt of the order from one of the “Company’s" Food
Shops (FOODS) located within the Attica Region, the Customer can benefit from
the privileges of the M&S Bonus Card according to those applicable in our
stores.

ii) In the event
that you wish the order to be shipped to a delivery address that
“YOU" will choose, within the Attica Region, then the delivery will
be made by our “Company’s" means of transport for deliveries within
the Attica Region, Greece. Our “Company" will take all necessary
measures to ensure the timely delivery of the order to the Buyer within its
basic delivery schedule. We cannot guarantee either the time of arrival or the
exact time of delivery of the products of the order. Our Company is not
responsible for any delays caused by force majeure or fortuitous events or
events beyond its control. In the event of any delays, our “Company"
will make every effort to contact you as set out in Articles 5.4 i) and 5.8
above.

For orders that
will be delivered to the Customer in the manner described in paragraph 7.2.ii),
it is not possible to use the M&S Bonus Card and, by extension, the
Customer cannot benefit from the privileges offered by the Company by using the
M&S Bonus Card (offers, points, discount coupons, etc.).

7.3. Product
deliveries are made to addresses anywhere within the Attica Region. The
products will be sent to the address you have indicated in your e-mail, by
means of transport of our “Company". The product(s) will be received
by the person referred to in the order as the recipient or by a person who
appears to act on his/her behalf, at the delivery address of the order, by
showing his/her police ID or passport (recommended). The details of the person
(name and surname in capital letters) who received the order are recorded on the
slip of the delivery document that must be returned to the “Company"
signed by the recipient. Shipping will be done in a way that “We"
will choose. In areas where it is not possible to send your order, we will
inform you to choose which FOODS store of the “Company" (within the
Attica Region) you prefer in order to receive your order. Shipments will be
made daily, excluding Saturdays, Sundays and holidays.

7.4. The
“Company" has the right to make partial deliveries of products and in
the order of dispatch of its choice. In this case, each departmental delivery
is the subject of a separate contract. In the event that the
“Company" delays one or more partial shipments or cannot even carry
them out, this does not affect contracts for products that have already been
shipped or are to be shipped in the future. If the “Company" notifies
you that it is unable to make certain partial deliveries, it assumes that you
accept the shipments already received.

7.5. Without
prejudice to any special charges for transport and delivery that will be
expressly provided for in a product posted on our website, the general pricing
policy is the following:

Regarding
shipments within the Attica Region (Greece) with our own means of transport,
when the value of the order is greater than or equal to €40, the delivery to
the location of the customer’s choice is free. For orders whose value is less
than €40, delivery to the location of the customer’s choice is not possible
unless the order is picked up from a MARKS & SPENCER FOOD store within the
Attica Region.

Please note that
all the above prices may change at any time.

7.6. Receiving
products from you: It is your responsibility to check the condition and
completeness of the products upon delivery. If you did not check the products
during or immediately after receipt and did not inform the “Company"
within 24 hours after receiving the products from “WE" of any defects
or deficiencies, they are considered received in perfect condition and with all
other items intended to be in the package.

7.7. Free
shipping: Free shipping for deliveries within the Attica Region of Greece is
only valid for orders over €40 (including VAT).

7.8. If you are
not present at the time of delivery to collect your package, the courier will
leave you a note with instructions on how to collect your order. In this case,
the risk of loss or damage to the goods is transferred to the buyer, taking
into account their fragile nature as expressly stated in article 5.6. above.
The distributor will attempt to deliver the product to you up to 2 times. In
the event that you have chosen payment by cash on delivery and you do not
contact the “B2B" Department of our Company through the “Contact Us”
section to receive the product within 3 days of the failed delivery attempt,
your order will be automatically cancelled.

8.
Reservation of Proprietary Rights

The
“Company" retains unlimited ownership of the products shipped until
all invoices have been paid in full and (to the extent permitted by applicable
law) in cases where you have already paid for other products you ordered. If
the invoices are not paid on the date they are due or the credit card company
refuses payment or for any reason requires the “Company" to refund
the amount paid for certain products, the “Company" retains (subject
to applicable legal regime) the right to prohibit the customer from using or
reselling these products, to enter the customer’s premises and take back
possession of the products (or to authorize a third party to do so).

9. Right and
terms of refund or exchange of products

The possibility
of returning or changing products lies in the Company’s commercial policy.

9.1. Our goal is
to ensure total customer satisfaction. In any case, we invite you to check the
products upon receipt. However, if you receive a defective product or if any
other problem occurs, please contact our “Company" B2B Department
immediately (within 24 hours) via the Contact Us section for more details.
Please also read Article 7 of the Delivery Policy which governs the issues of
returns and applies in its entirety with this one.

9.2. In the case
of a defective product, it will be replaced with the same one or, in case of
lack of the specific product, with an alternative product of equal or greater
quality and value, at no additional cost to you. However, in this case, you
will always have the right to accept or decline any products or services that
will replace the original ones.

10. Payments

10.1. In order
to improve our services, our Company offers you the opportunity to choose the
method of payment for the products you are interested in buying. In this
context, you are given the opportunity to choose, as mentioned below, the
method of payment for the products you are interested in buying, i.e. a) via
credit card, b) via debit card c) by cash on delivery, d) payment by cash e) by
deposit into the Company’s bank account. Please note that it is possible to
combine different payment methods for an order.

10.2.
Specifically, we accept payments with VISA, VISA Debit, MasterCard, Maestro
cards. Cash on delivery at no additional charge for orders over €40. We also
accept a deposit to the company’s bank account as a payment method. It is
clarified that we do not accept checks as a means of payment for purchases.

10.3. As long as
you have chosen the credit card as a method of payment, the process will be
carried out and completed through our trusted partner, a banking institution
that provides all the security guarantees of electronic transactions and in an
environment of its own responsibility. The collection and processing of the
payment details you send to us are only received by the partnered financial
institutions who are solely responsible for processing them for the completion
of the payment.

10.4. If you
choose to pay by credit card, you must be present when receiving your order
with your credit card and/or ID. In case the order is made in the details and
on behalf of a company, then the credit card you use must be corporate. That
is, it must have been issued to the data of the respective company. Also,
during delivery, the authorized owner must be present with his credit card and
identification. If, however, a person appears before the distributor at the
delivery address you have picked, who declares that he/she is acting in your
name and on your behalf following your relevant verbal authorization, then it
is reasonably assumed by the distributor that he/she is acting in that
capacity.

10.5. It is
pointed out that payment upon receipt of the order at your location “REFUNDABLE"
applies without additional charge. Pay with cash or credit / debit card and
only in euros to the employee of our company, with the delivery of your order
to your place, after first checking the product(s) you receive.

10.6. According
to the applicable tax provisions, documents worth more than €500 to individuals
(Retail Receipt) and to professionals/businesses (Sales Invoice) should be paid
ONLY in the following ways:

·        
Charge to credit or debit card

·        
Bank account deposit

10.8. Discount
coupons, promo codes, special offers

From time to
time, we may offer promotional or discount coupons that will apply to specific
purchases made through this Website. The terms of use of any discount coupon or
promotional code will be specified at the time of issue and will clearly state
their expiry date. In addition, the Free Shipping Service applies per
promotional event, as it is not applicable in all cases. We also reserve the
right to withdraw an offer, discount coupon or promotional code at any time due
to limited availability in stock and for any other reason or reason, or to
replace the product in an offer with a similar product from stock where possible.

11. Payment
Terms

11.1. Payment by
Credit Card: The “Company" accepts payment for the order via credit
card. For purchases with your credit card, you should select “You"
through the “Website", specifically when choosing the payment method,
if you wish to pay by credit card. In this case, you should be present when
your card is charged, having your credit card and your ID with you. Payment
upon receipt of the order at your location, for orders over €40 (free cash on
delivery):

You can pay our
“Company" employee by credit card, upon delivery of your order to
your selected location. This particular payment method applies to the Attica
Region.

• Purchase with
payment of the entire amount in one installment:

For purchases
with a retail receipt / Sales invoice up to €120, payment is made in one
installment via your credit card,

For purchases
with a retail receipt / Sales invoice of €120 or more, you can choose to
purchase products by charging the total amount in one installment via your
credit card,

• Purchase with
Interest-Free Installments: You can buy products in 6 interest-free
installments via your credit card, for retail receipts / Sales invoices worth
€120 or more.

11.2. Payment by
Debit Card:

The
“Company" accepts payment for the order via debit card. For purchases
with your debit card, you should select “You" through the
“Website", specifically when choosing the payment method, if you wish
to pay by debit card. Payment upon receipt of the order at your location, for
orders over €40 (free cash on delivery): You can pay our “Company"
employee by debit card, upon delivery of your order to your location. This
particular payment method applies to the Attica Region.

11.3. Cash
payment:

Payment upon
receipt of the order at your location, for orders over €40 (free cash on
delivery): You can pay our “Company" employee in cash, upon delivery
of your order to your location. This particular payment method applies to the
Attica Basin.

11.4. By deposit
to a bank account:

You can pay off
your order to one of the following bank accounts and send us the copy of the
bank payment order by fax to 211-1087301 or by e-mail to [email protected].
Upon receiving the copy of the bank payment order, we send you your order.

11.5. Payment of
your order at the FOODS store of the “Company" that serves you:

You can choose
from the FOODS store list the closest store that serves you and there we can
arrange the payment of your order at our store’s cash desk.

12. Order
change/cancellation

12.1. Change or
cancellation of an order is accepted only if the Order Confirmation has not
been sent, i.e. the order has not been completed. It must be pointed out that
after Order Confirmation it is NOT possible to change the declared delivery
address for any reason, for security reasons (anti-fraud). Since no
confirmation e-mail has been sent for the order from the “B2B"
department of the Company, a change can be made, after the Customer contacts
the “B2B" Department of the “Company" through the
“Contact us" section, while the total value of the order that will be
formed after the change will not be of lower value than the original one.

12.2 In case of
any problem, please contact the “B2B" Department of the
“Company" for further details through the Contact Us section.

13. Returns
in case of actual defect or lack of agreed quality

13.1 Our aim is
to ensure total customer satisfaction. However, if you receive a defective
product due to our fault, or if any other problem occurs due to our fault,
please contact our “Company’s B2B Department immediately through the
Contact Us section for more details.

13.2. In all
cases of product returns due to an established real defect or an established
lack of agreed quality due to our fault, which were purchased from our online
store, the following applies:

j) The receipt
of the product from our Company will only be done by our carrier after first
contacting in time (within 24 hours after receiving your order from
“EMAS") the “B2B" Department of our “Company"
through the section “Please contact us” to inform us about the identified
problem that has occurred with a specific product. The product to be returned
will be received exclusively from the delivery address you indicated when
placing your order.

ii) For a return
to be accepted, the product must be in the condition it was received, unused,
complete with the original packaging intact and the correct storage conditions
have been maintained.

iii). The
products, which are returned must be accompanied by the Retail Receipt/Sales
Invoice or the Shipping Note. We especially point out that if there is none of
the aforementioned documents accompanying the product, your request cannot be
satisfied and the product will not be received by our Company.

14.
Disclaimer

14.1. We are not
responsible for any loss or damage that may be caused by a denial of service
attack, viruses or other technologically harmful material that may infect your
hardware, software, data or other proprietary material due to your use of this
Website or downloading any material posted on this or any Website linked to it.

14.2. The
company and its partners make every effort, regarding the technological audit
they carry out at regular time periods, so that the services, content and
transactions on the “Website" are completed smoothly and without
interruption and that the high level of security is maintained. It is not
responsible, however, in the event that for any reason, including the case of
negligence, the operation of the “Website" is interrupted or access
to it becomes difficult and/or impossible and/or, despite the observed security
measures, “viruses" are detected or other harmful software and are
transmitted to the terminals of users/visitors, or if unauthorized third
parties interfere in any way with the content and operation of the Website,
making it difficult to use it or causing problems in its proper operation or
intercepting information concerning personal data of users. We are also not
responsible in the event of interruption of access to our website for reasons
beyond our control, as well as for any technical or other network failure or
force majeure or fortuitous events.

15. Links to
this Website

You may create
links to our home page, provided you act in a fair and legal manner, without
harming or taking advantage of our reputation, but you may not create a link
that implies any kind of relationship with us, or endorsement or support by us
where there is none. You must not create links to any Website that is not owned
by you. This Website may not be framed on any other website nor may you create
a link to any part of this Website other than the home page. We reserve the
right to remove your login permission without prior notice.

16. Amendment

The
“Company" has the right, at its absolute discretion, at any time and
without notice, to modify, remove or change the Services and/or any page of
this Website.

17.
Invalidity

If any part of
the Terms and Conditions is invalid (including any provision in which we
exclude our liability to you), the validity of any other part of the Terms and Conditions
will not be affected – all other terms will remain in full force and effect. In
any event, where possible, a term/sub-term or part of a term/sub-term can be
taken into account separately in order to make the remaining part valid, the
term will be interpreted accordingly. Otherwise, you agree that the term must
be corrected and will be interpreted to approximate the original meaning of the
term/sub-term as closely as possible under the law.

18.
Communication

18.1 We always
appreciate our customers’ feedback information or other suggestions about our
Website and our Company, but you must understand that the fact that we use this
feedback does not imply any obligation to use it or to compensate you for it
(just as you do not have no obligation to send it to us). By submitting any
material to us, you agree to use the Website in accordance with these Terms and
Conditions. If you do not wish to grant our Company the abovementioned license
in relation to these terms, please do not submit or share any content on the
Website, otherwise we will infer that you have accepted our Terms and
Conditions.

18.2. When you
visit the Website or send us e-mails, you are communicating with us
electronically. We communicate with you by e-mail (e-mail – newsletters) or by
posting announcements on the Website. As part of the contract, you agree to
receive electronic communications (email – newsletters) from us, as well as
that all agreements, announcements, disclosures and other communications that
we provide to you electronically meet all legal requirements for written
communication.

We have a
procedure in order to deal with complaints and to resolve any dispute that may
arise. If you have any complaints or comments, please contact our Company’s B2B
Department immediately through the Contact Us section.

19. Waiver

19.1 To the
extent permitted, we hereby exclude liability for any claims, losses, demands
or damages of any kind relating to the Website or the data appearing on it,
including without limitation any direct, indirect, incidental or consequential
losses or damages , whether these arise from the following indicative matters,
loss of profits, loss of income, loss of data, loss of use or otherwise,
whether or not the “Company" had notice of the possibility of such
losses. The foregoing shall apply whether such claims, losses or damages arise
in tort, in contract, in negligence, under applicable law or otherwise.
However, when you use our Services, your legal rights are not affected. Please
keep in mind that our website is provided “as is". Consequently,
access to it is solely the responsibility of the visitor/user.

20.
Applicable Law and Jurisdiction

These terms are
governed by and interpreted in accordance with the laws of Greece and the
European Union (EU). You agree, as do we, that you submit to the exclusive
jurisdiction of the courts of Athens, Greece, Europe.

21. Entire
Agreement

21.1 The above
Terms and Conditions and the Privacy Policy form an integral part of the
“Terms and Conditions" and bind the parties (the company and the
users) as a whole and constitute the entire agreement of the parties and
supersede any and all prior and current agreements between “You" and
“Us".

21.2. In the
event that any term of the contract is deemed to be abusive or invalidated,
this does not affect the other terms of the contract which are still valid and
binding on the parties.

21.3 Any delay
by the parties in exercising part or all of the rights deriving from these
terms does not result in a weakening or waiver of said right which may be
exercised at any time at a later stage and at the reasonable discretion of the
beneficiary.