Terms of use
BUSINESS DETAILS
Name : Milas Athanasios
VAT NUMBER: 057256747
TAX OFFICE: C' PATRON
ADDRESS: 11 Charalambou Pachi 11, 26334, Patras
CTMI No: 158381516000
Tel: 2610200950
1. Introduction
The website www.cutesextoys.com is an electronic commercial store selling products and services via the Internet (hereinafter referred to as the online store or website) created and operated by the company cutesextoys.com Milas Athanasios, based in Patras at 11 Charalambou Pachi Street, P.C. 26334, P.C. 26334, as legally represented, with A.F.M. 057256747, D.O.Y.. Patras, e-mail address shop@cutesextoys.com, telephone service line of the e-shop: +302610200950.
The following terms and conditions will apply to the use of the e-shop under the brand name cutesextoys.com located at www.cutesextoys.com. Any user who enters and transacts or makes use of the services of the online store (hereinafter referred to in short as "visitor" and/or "user" or "customer" depending on whether he/she is limited to visiting only the store or also placing an order) is deemed to consent and accept unconditionally the following terms and conditions set out herein, without exception. If a user does not agree with these terms, then he/she must, at his/her own risk, refrain from visiting, using the website and from any transaction or use of the services of the online store.
2. Use of the website
Before entering our online store, we invite you to consult these Terms of Use and Transactions and make sure that you agree with them. If you disagree with any of these Terms of Use and Trading, you must refrain from taking any action on both our Website and our online store, including simply browsing our online store.
The User, who will make a purchase of products through this website, promises and accepts that he/she meets the legal requirements for entering into the contract and that he/she is an adult. Any user who enters and transacts in our online store or makes use of the services of our online store, such as, but not limited to, browsing it, subscribing to our Company's newsletter or purchasing our products (hereinafter referred to for short as "visitor" and/or "user" or "customer" depending on whether he/she is limited to visiting only the store or placing an order and purchasing products) is deemed to consent and unconditionally accept the present Terms of Use and Transactions set forth herein, without exception
3. Modification of General Conditions
The online store reserves the right to freely modify or revise the terms and conditions of use and transactions from the online store, whenever it deems necessary, and undertakes the obligation to inform consumers of any change through the pages of this online store. Contracts through the e-shop are drawn up in Greek.
4. Disclaimer of liability of the Merchant
α. The use of this Website by you and any of your transactions in our online store is at your sole risk. It is expressly agreed that the Company is not liable for any damage or loss suffered by the Company, the User or any third party due to failure to properly observe the terms of use of the website by the User or for any reason related to the operation, use of the website or the inability to provide services or products or information available through it or any unauthorized interference by third parties to products, services or information available through it.
β. The Merchant is not liable and shall not be liable for any damage or loss arising from the cancellation of orders, from the non-execution or from the delay of their execution, for any reason not due to its own fault. It does not guarantee the availability of the products displayed in the online store, but informs the customer concerned on the basis of the data kept on the availability or not and undertakes in the event of a change in these data, to inform customers in a timely manner about the unavailability so in this case it has no further liability.
c. The Merchant shall make reasonable efforts to maintain and make available its content. However, the Merchant points out that the website may show technical errors with a direct effect on the presentation of the contents of the website (indicative of photos, prices, texts, etc.) for reasons for which it is not responsible and promises that it will make an effort to restore them as soon as possible.
It is expressly agreed that the Company is not liable to the user if for any reason the website is not available at a given time or for any period of time.
δ. Hyperlinks.
The Website may contain hyperlinks and links to other websites. The Company expressly declares that it bears no responsibility for the content of the aforementioned websites, which are governed by their own terms of use, which the User must read carefully before browsing any of them.
5. Personal Data
During your visit to the pages of cutesextoys.com and in order to order products, but also to ensure that we can contact you to inform you about our offers and new products, you may be asked to provide personal data (name, email address, etc.). See in detail :
Α) Regarding the GDPR directive:
The GDPR (General Data Protection Regulation) is a new European Union directive, which has brought significant changes to data security and privacy and has been in force since July 2018. It has updated the existing Data Protection Directive issued in 1995 and is more delineated than the existing one which had the flexibility of different approach/implementation by each EU state. It is at the core of simplifying, consolidating and updating the procedures for the protection of personal data and sensitive personal data. More information can be found on the official information website on the Directive at www.eugdpr.org
The competent body to supervise and enforce sanctions arising from the non-implementation of the Directive by a company or organisation is the Data Protection Authority/DPA.
At cutesextoys.com we always ensure maximum security of the data relating to your personal information. We keep our systems in optimal condition with daily checks, constant updates of software, implementation of automatic self-protection rules (firewalls, DDOS protection etc.), use of sophisticated antivirus software, organization of the way of keeping your personal data with encryption on our own exclusive server (Dedicated Server).
We have developed mechanisms to automate the processes of requesting and deleting all the data available to any registered user of cutesextoys.com.
More specifically, a registered user has the ability to edit his/her name, email and phone number, edit his/her addresses, change his/her password and update his/her subscription to newsletters. They can also download their account data in CSV format. And finally he can request a report with all his personal data we store and request removal/anonymization of his personal data we store.
We therefore inform you that for the purposes of providing our services, the company may collect and process personal data of natural persons, in accordance with the applicable Greek legislation, as well as with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter "GDPR" or "GDPR").
B) Cookies
cutesextoys.com has the possibility to use cookies as part of the facilitation and operation of the services through its website. Cookies are small files (text files), which are sent and stored on the user's computer, allowing websites such as cutesextoys.com, to operate smoothly and without technical anomalies, to collect multiple user choices, to identify frequent users, to facilitate their access to it, and to collect data to improve the content of the website. Cookies do not cause damage to users' computers or to the files stored on them. We use cookies to provide you with information and process orders, but also allow us to present you with promotional & educational content relevant to your interests and needs. You should be aware that cookies are absolutely necessary in order for www.cutesextoys.com to function properly and seamlessly.
Cookies are divided into the following categories:
- Necessary Cookies .They allow the performance of basic site functions, such as adding products to the cart, storing products in the wishlist, online payment. Without these essential Cookies, the smooth operation of the online store is immediately affected , your personal browsing experience is limited and basic functions underperform.
- Functionality cookies. These cookies remember your preferences when you browse our website, so that we can recommend the right products based on your needs, helping you to find what you are looking for much easier.
- Performance cookies. Performance cookies collect information about how visitors use our website. They allow us to see which pages they visit most often, let us know if they experience a problem while browsing, etc. These cookies do not collect information that identifies the visitor as the information is aggregated and therefore anonymous. They are only used to improve the way the online shop works.
- Advertising cookies. These cookies are used to provide advertisements relevant to you and your interests. They are also used to send advertising or offers that are more responsive to your needs thus limiting unwanted and irrelevant advertising messages. They also help us measure the effectiveness of our advertising campaigns.
- Cookies Analytics. These are a subset of the Functionality Cookies and enable us to evaluate the effectiveness of the various functions of our website, thus continuously improving the experience we offer you.
Third-party vendors, including Google, may display Company advertisements on websites on the Internet, use cookies to update, optimize and display advertisements based on a user's previous visit to www.cutesextoys.com
cutesextoys.com may also use cookies from your previous visit to its website for re-marketing.
You may choose to opt out of such use of cookies by Google by clicking by adjusting what you accept and what you do not accept. You can also set your browser (chrome,firefox edge etc) to inform you each time before a cookie is downloaded and you can decide whether to accept or reject it. In this case, keep in mind that you may not be able to use all its features.
cutesextoys.com may use Google Analytics features for display ads (e.g., repeat marketing, Google Display Network display reports, etc.). Using the Ads Settings, visitors can opt out of Google Analytics for display ads and also customize Google Display Network ads. Here are the available Google Analytics opt-out options for the web.
6. Payment methods
Our online shop for our customer service offers various payment methods for you to choose the one that suits you.
6.1 Replacement method
Not available
6.2 Payment by credit/debit/prepaid card
We accept credit cards Visa, MasterCard, Maestro, Diners and American Express issued by all banks, and also the Masterpass digital wallet. All card payments are processed through Vivawallet's electronic payment platform.
6.3 Payment via PayPal
Payment by PayPal is made under the strict transaction terms imposed by PayPal.
6.4 Payment by Bank Account Deposit
You can transfer the amount due to the following bank account of Piraeus Bank GR47 0172 5190 0055 1909 3636 558
For your convenience, please include your order code when transferring the amount.
7. RETRIVE
7.1. Conditions for exercising the right. You have a period of fifteen (14) calendar days to withdraw from any purchase you may have made through our online store, without stating the reasons or providing us with any explanation regarding your desire to return the product(s) (undue withdrawal).
The aforementioned period of fifteen (14) calendar days for exercising the right of withdrawal shall commence on the day after you or any person you may nominate to us as responsible for the receipt of your products (other than the carrier), obtain physical possession of the products. In case you have ordered more than one product in one order, which you have chosen/declared to be delivered separately, the period for exercising the right of withdrawal according to the above starts from the day after the day that you or a person you indicate to us as responsible for the receipt of your products (other than the carrier) acquired physical possession of the goods to be exchanged. In any case, if the expiry of the time limit coincides with a weekend or public holiday, it shall be extended until the next working day.
Please note that everything mentioned in this article and in these Terms of Use refers to purchases made by consumers, within the meaning of Article 3 f. 1 of Law No. 2251/1994, i.e. purchases by "any natural person who [...] acts for reasons which do not fall within the scope of his commercial, business, craft or liberal professional activity". Therefore, our obligations set out in these terms, and in particular the right of withdrawal, apply to purchasers who act as natural persons when purchasing our products and who place orders and make purchases for purposes unrelated to their professional or commercial activity. In order to ensure your convenience in exercising your right as a consumer, we inform you that:
- if you purchase from the e-shop and request a retail receipt then you are presumed, for the purposes of fulfilling your right of withdrawal, to be acting as a consumer, whereas
- if you purchase and request an invoice then you are purchasing in the course of your business activity and therefore lack the status of a consumer and do not have the right of withdrawal under this Regulation
7.2. Procedures for exercising the right:
In order to exercise the right of withdrawal under Article 7.1 above, you must, before the expiry of the deadline for exercising it in accordance with the above, inform us of any decision to withdraw from the Sales Contract we have concluded, by means of a clear statement (e.g. a letter) which you will send in one of the following ways:
-by filling in the "RETURN/CHANGE FORM"
-By email to shop@cutesextoys.com By sending the Request for Withdrawal electronically, our Company will send you without delay to the email you have indicated to us at the time of your registration or order completion, a confirmation of receipt of your request.
7.3 Consumer obligations upon withdrawal. In order to comply with the withdrawal period, you must send us your declaration of exercise of your right of withdrawal before the withdrawal period expires as set out herein. You expressly agree that your notice of exercise of your right of withdrawal shall be deemed to have been received by us on the next business day after you send us your request for withdrawal in accordance with the provisions hereof.
In the event of exercising your right of withdrawal in accordance with the above, you must return to us at the address: cutesextoys.com Returns Department 11 Charalambou Pachi 11 P.C. 26334 Patras the Product from which you are withdrawing immediately, without undue delay and in any case within fifteen (15) calendar days from the day on which we received the notice of your decision to withdraw from the sales contract in accordance with the provisions herein. The deadline shall be deemed to have been met if you return the Products before the expiry of the 15 calendar day period as set out above. Also the Products from the purchase of which you withdraw may also be returned by you to any cutesextoys.com physical store. In the case of returning a product for which payment was made by cash on delivery, your bank details are marked on the "RETURN/CHANGE FORM" that you provide us with in order for us to refund the money you had paid. In any case, after telephone contact and consultation with the Returns Department, you can enclose the RETURN/CHANGE FORM in the parcel with the returned product and send them to us at the same time, within 15 days of receipt of the products.
The exercise of the right of withdrawal is your legal obligation to prove to us that you have exercised it in due time (the date on which the request for withdrawal was submitted to our company), in order for us in turn to calculate the legal deadlines resulting from this and the law.
The cost of returning the products you withdraw from the purchase of which you withdraw, you are responsible for. However, if you use the courier company with which our Company cooperates, the return cost is 5€ for returns within Greece, which return cost will not be paid by you to this courier company directly, but will be deducted from the total amount that our Company must return to you as a result of the withdrawal in accordance with the law and the terms of the present. We urge you to choose from our partner courier companies (Acs courier for Greece and Cyprus), which deliver safely and consistently to our premises, as for other courier companies whose policy we do not know, we cannot be sure of the safe and timely delivery of the products to our premises. In any case, you are free to choose any other carrier, provided that they deliver to our premises, i.e. to the address indicated on the return form. In the event that you use any other courier company to return the product from which you are withdrawing, you will pay directly to that courier company the return cost agreed with that courier company. In this case, we will reimburse you for the costs you incurred for the original shipment of the goods. However, in any event, you acknowledge that you bear the responsibility and cost for any accidental destruction, damage, loss or delay up to and including delivery to us and our premises of the returned goods and any consequential inability to receive the returned product through no fault of our own and/or to refund the money you paid for the order from which you are cancelling.
7.4. Obligations of the Company. Without prejudice to what is expressly set out herein, if you withdraw from any purchase made by you in accordance with the provisions herein, we will refund all monies received from you including any delivery charges (excluding any additional charges due to your choice to use delivery methods other than the cheapest delivery method we offer), but deducting the cost of return if you have used one of our partner companies to return the goods. The refund will be made immediately, without undue delay and in any case no later than twenty (20) days from the date on which the Company receives the products returned by you in accordance with the above and subject to the provisions of Article 7.5. The refund of your money, if the purchase of the product from which you withdraw was made on delivery, will be made by crediting your bank account which you will notify us of when you exercise your right of withdrawal, since by accepting these terms you expressly and unconditionally declare to us that you consent to a different way of refunding your money as a result of withdrawal. In case the payment was made by debit/credit card your money will be returned to your account where the charge was made. If you ordered the product from our e-shop and received it from our physical store, the refund can be made in principle by the means by which you paid the price. If this is not possible, the full price will be refunded to you by bank transfer or credit balance.
You have the right, but not the obligation, alternatively instead of a refund according to the above in case of withdrawal, to choose to credit your money to your Account held in our online store. In this case you must request for the credit explicitly in your respective communication of withdrawal. In the event that you do not declare your wish to be credited with the amount corresponding to the value of the product from which you are withdrawing in accordance with the above, the amount will be refunded to you in accordance with the provisions herein. The credit will be in proportion to the cost of the refund as set out above. That is, if you choose one of our partner companies for the return of the order from which you withdraw and at the same time you prefer to credit the value of the order in question to your Account held in our online store, our company will credit to this (Account) an amount equal to the value of the order (including delivery costs) minus the return costs if it is a return from Greece, while if you choose another way of return, you will be credited the full amount of the order (including delivery costs). The amount of the credit to your Account held in our online store as a result of the above, you can use it without restrictions only in our online store and not in our physical stores.