Terms of Service - DSAW Hobbies

Scope of Application

These “Terms and Conditions of Purchase” together with the “Terms of Use” and the “Transaction Security” policy apply to every sale of products or services (hereinafter “Products or Services”) made (a) by the company “Antzoulatos Bros General Partnership” trading as “D.S.A.W. Hobbies”, with its registered seat at 2 Agias Triados Street, Glyfada, Attica, Greece, G.E.MI. number 002319101000, VAT number 084226029 (Glyfada Tax Office), and supplier registry number 00347 under article 4 §12 of Law 2251/1994 (hereinafter the “COMPANY”) through its online store, (hereinafter the “Online Store”) or (b) by independent third-party sellers through the dsaw-hobbies.com platform, and constitute the complete binding agreement between the COMPANY and its customers.

A) Purchases through dsaw-hobbies.com

1. Registration or Sign-In

For transaction security reasons, the user of the online store (hereinafter the “User” or “Customer”) may register with the online store before starting the order process. Registration or sign-in only requires full name, mailing address, contact phone and email. This information remains strictly confidential. The COMPANY reserves the right to use this information to send updates about new products or offers to customers or registered users of the online store. If at any time the User wishes to cancel their subscription to the mailing list, they may do so by sending an email to [email protected] requesting deletion or modification of their stored personal information.

2. Order Submission and Acceptance

2.1 Submission of electronic order — Offer to purchase goods

An order for products and/or services is submitted by completing and sending the special Order Form available in the online store (“ADD TO CART”). Before order submission (checkout), the Customer is given, via a dedicated link, notice of the terms governing the sale of the products and/or services they wish to acquire, and then ticks the relevant box “I have read and accept the Terms and Conditions of Purchase”. By ticking this box, the Customer expressly and unreservedly declares that, before submitting their order, they were clearly and comprehensibly informed of the following:

i. The main characteristics of the products and/or services ordered, as described on the online store pages. The Customer must check every relevant characteristic before submitting the order, so that they have no doubt as to the characteristics and properties of the products and/or services ordered. The COMPANY has no liability if the Customer fails to inform themselves adequately about the above.
ii. The identity, address, phone number, fax number and email address of the COMPANY and the supplier of the products and/or services ordered.
iii. The total price of the products and/or services in the order, including VAT, any other fees and all additional shipping, delivery or postal charges, and any other expense. Where such charges cannot reasonably be calculated in advance, the fact that such additional charges may be required is made known to the Customer in the order text (order form) and the Customer must read this notice before submitting the order. Additional charges or other expenses not made known to the Customer before submission, or not communicated by phone before order acceptance, do not burden the Customer without their prior express consent. In particular, the prices of products and/or services displayed in the online store are the final prices (including applicable VAT). The displayed final prices of each product and/or service in the online store do not include shipping costs, which are calculated later in the order text based on the selected shipping method.
iv. The cost of using the distance communication method for concluding the contract, where this is calculated based on something other than the basic tariff.
v. The means of payment, delivery, performance, and the period within which the COMPANY undertakes to deliver the goods or provide the services.
vi. Any restrictions on delivery and means of payment.
vii. The conditions, exceptions, deadline and procedures for exercising the right of withdrawal, and the Customer’s obligation to bear the direct cost of returning the products to the COMPANY in case of withdrawal.
viii. Where the Customer exercises the right of withdrawal after using the service, they shall pay a reasonable amount to the COMPANY.
ix. Where the right of withdrawal is not provided by law, the information that the Customer will not have a right of withdrawal, or, as the case may be, the circumstances under which the Customer loses the right of withdrawal.
x. The existence of the COMPANY’s liability for actual defects and lack of agreed properties under articles 534 et seq. of the Greek Civil Code.
xi. Where applicable, the existence and terms of after-sales Customer support, after-sales service and commercial guarantees.
xii. The duration of the contract, where applicable, or, where the contract is indefinite or automatically extended, the terms for ending the contract.
xiii. Where applicable, the minimum duration of the Customer’s obligations under the contract.
xiv. Where applicable, the existence and terms of deposits or other financial guarantees (e.g. advance payment in case of pre-order, etc.) which must be paid or provided by the Customer when requested by the COMPANY.
xv. Where applicable, any standard interoperability of digital content with hardware and software that the COMPANY is aware of or can reasonably be expected to be aware of.
xvi. Where applicable, the possibility of recourse to an out-of-court complaints and redress mechanism to which the COMPANY is subject, and how to access it.
xvii. The obligation to pay upon submitting the order.

Sending the order to the COMPANY constitutes an offer to purchase the ordered goods and a declaration of acceptance of all charges described in the order. If no notification or acceptance is given, the Customer is entitled to a refund of the payment.

2.2 Confirmation of receipt of the electronic order — Conclusion of sale

The order is not binding on the COMPANY until the Customer receives confirmation of order acceptance from the COMPANY, as described below.

The order is considered received by the COMPANY from the moment the Customer receives the relevant order status notification labelled “Order Confirmation Received”. Order status notifications are displayed on the User’s screen and sent by email to the contact email address registered by the User/Customer. Order status is continuously updated as and when changes occur during order processing. The Customer must check the “Order Confirmation Received” and immediately notify the COMPANY (no later than 2 hours from receipt of the electronic notification marked “Order Registered”) in writing of any error, otherwise the details listed in the “Order Confirmation Received” will be applied to the Sales Contract.

During processing of each registered order, the stock availability of the order’s products is confirmed. If availability or delivery time differs from what is displayed on the product page, the Customer will be notified accordingly. Specifically, the COMPANY, once it has verified product availability and the absence of any errors in the online store regarding pricing or product characteristics, etc., will confirm order acceptance by email. This email expressly confirms the contents of the order, the total price, and the estimated delivery time of the order, as already made known to the Customer before order submission. The order is considered binding and the sale is considered concluded — creating claims of the contracting parties (Customer — COMPANY) — only upon sending and receipt of the above email labelled “Your order has been shipped”.

Order status is continuously updated as and when changes occur during processing of the Customer’s order. The Customer must check the status of their order and immediately notify the COMPANY in writing of any error in the order, otherwise the details listed in the order confirmation will be applied to the sales contract.

The Customer may also receive updates on order progress, either by phone (tel: 210-9652042), or by sending an email (to [email protected]).

Limitations of liability: In the context of good faith and commercial practice, the COMPANY is not required to accept an order and conclude a sale of products and/or services that, due to a typographical or system error, appear in the online store at an incorrect price, that is, lower or higher than the price actually applicable for the relevant period. If such a price error is found in only part of the ordered products, the order is valid and executed normally for the remaining products, and is considered incomplete for the products in which the error was found, unless the items in the order are related, are to be used as a single set and operate as a unit with one another and the Customer declares that partial fulfilment of the order does not serve their needs or interests, in which case the COMPANY must cancel the entire order.

In case of erroneous delivery of un-ordered products or services, unreserved receipt or failure to notify the COMPANY and return the products cannot be considered as consent, acceptance or declaration of intent to purchase them. If the COMPANY requests their return and the Customer delays returning them for a period longer than seven (7) calendar days, this refusal constitutes a declaration of intent to purchase the items, and the order is considered confirmed and the Customer must pay their price.

3. Product Availability

The Customer is informed about product availability via indications on the page of each product or service in the online store. The COMPANY reserves judgement regarding product availability if products are not available at the time of order. In such a case, the COMPANY reserves the right not to accept the specific order, and therefore not to conclude the sale. Any payments will be refunded to the Customer without undue delay, using the same payment method the Customer used. Special availability cases are the following:

Pre-order: The product is not in the supplier’s warehouses but can be ordered with an estimated delivery time. In this case, before the order is submitted, the Customer is notified of the estimated arrival time of the product. Confirmation of receipt by the COMPANY of the pre-order is only a confirmation that the order has been received with the stated contents, and in no case does it constitute order acceptance or conclusion (sales contract) of the sale. In this case, a partial advance payment up to full payment may be requested depending on the nature of the item.
Temporarily Out of Stock: The product has run out, been discontinued, or immediate receipt is not expected.
Sale offer: The prices of these products apply while stocks last. For these products, strict chronological priority is maintained in fulfilling orders.

The COMPANY notifies the Customer in each case of the estimated delivery time of the ordered product, depending on the circumstances. In any case, the COMPANY undertakes to deliver the ordered product to the shipping company within three (3) working days from the order confirmation. However, the COMPANY reserves the right to inform the Customer if subsequent reasons make the product unavailable, or about a likely (new) delivery time if delays in delivery arise. In such cases, if the delay makes the transaction disadvantageous for the Customer, the Customer may unilaterally cancel the order by written declaration (by email to [email protected]). If the order is cancelled and the sales contract thereby terminated, the COMPANY must, without undue delay, refund all amounts paid by the Customer.

Non-availability of part of the order: If unavailability concerns only part of the products ordered, the rest of the order is executed normally, unless the order’s products are related and to be used as a single set and the Customer declares that partial execution of the order does not serve their needs or interests, in which case the COMPANY must cancel the entire order.

4. Order Delivery

4.1. Place of Delivery

Delivery to the place specified by the Customer: Where the product is shipped to the address selected by the Customer, the product is delivered to an external partner — courier selected by the Customer — and the Customer is notified electronically that the product is ready for shipment. Shipping costs are calculated based on the Customer’s order. Any incorrect entry by the Customer, and the resulting incorrect calculation of shipping costs, does not burden the COMPANY but the Customer. Note that the Customer may choose to transport the items by their own means and at their own expense, in which case the products are transported at their own risk. In that choice, liability is not borne by the COMPANY but by the respective courier company chosen by the Customer. To receive the order, the Customer must present to the external partner — courier — the order confirmation (order code) and the shipping notification, as well as an official identification document (such as a national ID card or passport). If the Customer wishes to authorize a third party to receive their order, the authorized third party must present a specific authorization to receive the particular order, duly certified by a Citizen Service Centre (KEP) or by a police or other Authority, as well as an official document required for identity verification (national ID, passport, etc.). Since after receiving the products, risk passes to the Customer, the latter must inspect the products upon receipt, since by signing on receipt they confirm that they correctly received the products in their order. If the Customer fails to take delivery of the product after receiving the shipping notification and despite the courier’s notice, the COMPANY reserves the right to withdraw from the sale.

4.2. Delivery Time

The delivery time of products and services sold is specified in the order based on availability, is confirmed upon order acceptance by the COMPANY, and is at most thirty (30) days from the conclusion of the sale, unless otherwise specifically agreed between the parties and confirmed in writing by email.

Force majeure: The COMPANY is not liable for delays in order execution (including delivery) due to causes that cannot be attributed to the COMPANY’s fault or due to force majeure, and therefore the COMPANY is entitled to an extension of the time for execution. Indicative examples include strikes, terrorist acts, war, supplier/transport/production problems, fluctuations in exchange rates, governmental or legislative acts, and natural disasters. If such events last more than two (2) months, the sales contract may be terminated by either contracting party without compensation. If the Customer judges that they no longer have an interest in the order’s execution, they are entitled to terminate the sales contract and the COMPANY must refund the price and any other amount paid under the sales contract.

5. Payment

Bank deposit / wire transfer to bank account
PayPal

Any products delivered remain the property of the COMPANY until the final, full and complete payment of the price to the COMPANY.

6. Right of Withdrawal from Distance Contracts under Law 2251/1994 (as amended by Joint Ministerial Decision Z1-891/2013) — Product Returns

The Customer may easily return products purchased from the online store simply because they have changed their mind, within fourteen (14) days of receiving them. In any case, for online orders, before returning products the Customer may contact the COMPANY’s Customer Service, either by phone (tel: 210 9652042) or by email (to [email protected]). Specifically, the Customer has the above right to return a product purchased from the online store without giving reasons, under the following terms and conditions:

(a) Within a period of fourteen (14) calendar days from the date of conclusion of the service contract (in the case of services) or from delivery (in the case of products) or from receipt — and where multiple goods are ordered by the Customer in a single order and delivered separately, from the time of receipt of the last item — the Customer is entitled to withdraw from the sale (hereinafter “Withdrawal”).
(b) This withdrawal is without reason, and the Customer must return the product in the exact same condition in which they received it. Specifically, the returned product must not have been used, must be in perfect condition (“as new”), exactly as before the sale, in its complete original packaging (box, plastic wrap, foam, etc., which must not be torn or damaged/altered), and with all the contents of the original packaging (instruction manuals, characteristics and warranty leaflets, connection cables, installation software, etc.). In addition, for a return to be accepted, the original purchase document (retail receipt, invoice) must be presented by the person who originally purchased the product and whose details appear on the purchase document.
(c) The return of the item is accepted only if the Customer has first paid in full any amount that the COMPANY incurred for shipping the product to the Customer and any shipping costs for its return.
(d) The declaration of withdrawal is made in writing, (a) by fax to 210 9614957, (b) by email to [email protected], and the COMPANY is required to confirm receipt of the withdrawal declaration in writing upon receipt.
(e) The Customer is required to return the products within fourteen (14) calendar days from the day they notified the COMPANY and received the corresponding written confirmation.
(f) The refund of the price due to withdrawal will be made to the Customer no later than fourteen (14) working days from the time the COMPANY demonstrably learned of the withdrawal.
(g) Delivery costs are not refunded only if the Customer had chosen a delivery method other than the cheapest standard delivery method offered by the COMPANY.
(h) The Customer is liable to compensate the COMPANY if they used the products in a way other than what was necessary to ascertain the nature, characteristics and operation of the goods during the period before declaring withdrawal, and the COMPANY is entitled to agree compensation with the Customer, including by mutual set-off. Where the withdrawal concerns the provision of services, the Customer must pay an amount proportional to the services provided up to the declaration of withdrawal. If the Customer exercises the right of withdrawal, any related contracts terminate automatically, at no cost to the Customer.

7. Exceptions to the Right of Withdrawal in Paragraph 6

The right of withdrawal under article 4 §10 of Law 2251/1994 does not apply to:

Products that have been used, e.g. personalized through device registration.
Service contracts after the service has been fully provided, if performance started with the Customer’s prior express consent and with their acknowledgement that they will lose their right of withdrawal once the contract has been fully performed by the COMPANY.
Cases involving the supply of digital content not delivered on a tangible medium, if performance started with the Customer’s prior express consent and confirmation by the Customer that they lose the right of withdrawal.

8. Claims for Defects or Lack of Agreed Properties

The Withdrawal in paragraph 6 above does not concern defective products or products lacking an agreed property, which are covered by their respective warranties.

8.1. Seller’s Liability for Actual Defects or Lack of Agreed Properties

Where the COMPANY is liable for an actual defect or lack of an agreed property of the product (“statutory warranty”), the Customer is entitled, at their choice, to: (a) require, at no charge, repair or replacement of the product with another, unless such action is impossible or requires disproportionate expense; (b) request a reduction of the price; or (c) withdraw from the sales contract, unless the defect is minor. For a property to be considered agreed, it must have been agreed in writing. If the Customer chooses repair or replacement of the product, the COMPANY must carry out the repair or replacement within a reasonable time.

The above statutory rights of the Customer (article 540 of the Greek Civil Code) lapse two years after delivery for movable goods.

In any case where the Customer finds a defect, they may contact the online store immediately after delivery, the same day or the next working day at 210-9652042 or by email at [email protected]. Where a product is declared defective by the Customer, the COMPANY expressly reserves the right of prior diagnosis of the product as defective by competent technicians.

Limitation of liability: The COMPANY is released from the above obligations if it notified the Customer, and the Customer therefore knew of, the lack or defect in the product. In addition, the COMPANY does not provide a warranty, nor does it guarantee protection for, the suitability of the product sold for any specific purpose.

8.2. Supplier Liability and Warranty

New products with a long useful life (“durable consumer goods”) are mandatorily accompanied by the written warranty (“commercial warranty”) of the manufacturer of the product or of the business that imported the product into the EU or of the business that appears as manufacturer (“Supplier”). The basic terms of the commercial warranty are:

(a) The Supplier must provide the Customer in writing, in Greek or with internationally established symbols, clear and complete instructions for the safe use, maintenance, servicing and full utilization of the product, and information about the risks during its use and maintenance. The warranty must include, in simple, legible and understandable wording in Greek, at least the name and address of the guarantor, the product to which the warranty refers, its exact contents, its duration and the extent of its territorial validity. The warranty must comply with the rules of good faith and must not be undermined by excessive exclusion clauses. The duration of the warranty must be reasonable in relation to the time during which these products are expected to remain technologically current, if that time is the shorter of the two compared with their probable lifespan.

(b) Beyond the warranty, the Supplier of new durable consumer goods must ensure the continuous provision of technical services for their maintenance and repair for a period equal to their probable lifespan. The products made available by the COMPANY are accompanied by written instructions for use and a written warranty of good operation of reasonable duration, in Greek. The warranty document always includes the name and address of the manufacturer, the product to which the warranty refers, its exact contents, its duration, the extent of its territorial validity, and the rights provided by applicable law. The COMPANY, where it is the Supplier under the above, encloses with its long-life products the terms regarding their safe use and maintenance, with which the Customer must comply. The warranty of each durable consumer product runs for the duration specified by the manufacturer from the date of purchase and allows free remedy of the problem, provided that: (a) there is the official dealer’s warranty and the purchase receipt for the device; (b) the fixed elements of the device (Serial No., if any) have not been altered; and (c) the fault is not excluded under the manufacturer’s warranty document.

RENEW PROGRAM

The above does not apply to products participating in the “RENEW” program. For these products, which are not new but used, a commercial warranty of limited duration is provided by the manufacturer, in accordance with the specific terms set out on the product page. Devices participating in the RENEW program are used and may bear visible or non-visible scratches/scuffs on the front and rear case. The packaging does not include instructions for use.

9. Final Provisions

Contracts through the online store are governed by European and Greek law, in particular by legislation regulating electronic commerce, distance sales and consumer protection. Likewise, the site has been created and is operated by the COMPANY in Athens and Greek law will govern use of the site and its interpretation. If the User chooses to access the site from another country, they are responsible for following the laws of that country.

Any dispute arising from the contractual relationship between the COMPANY and the Customer shall be resolved by the courts of competent jurisdiction in Athens, Greece. For out-of-court dispute resolution, the Customer may turn to the competent bodies for out-of-court settlement of consumer disputes, e.g. the General Secretariat for Consumer Affairs of the Ministry of Development and Competitiveness (Kanigos Sq., 10181 Athens, www.efpolis.gr, tel.: 1520, fax: 2103843549), the Consumer Ombudsman (www.synigoroskatanaloti.gr, 144 Alexandras Ave., 114 71 Athens, tel.: 2106460734, fax: 2106460414), or the Amicable Settlement Committees for consumer disputes (article 11 of Law 2251/1994) seated in each Municipality of the country.

Pursuant to Directive 2013/11/EC, transposed into Greek law by Joint Ministerial Decision 70330/2015, online resolution of consumer disputes is also available via the Alternative Dispute Resolution procedure throughout the European Union. If the Customer has a problem with a purchase from the Online Store and resides in the EU, they may use this site https://webgate.ec.europa.eu/odr/main/?event=main.home.show for out-of-court settlement of the dispute. The Alternative Dispute Resolution body certified for this purpose is: European Consumer Centre of Greece (ECC GREECE), 144 Alexandras Ave., 11 471 Athens, +30 2106460284, +30 2106460784. The Customer may contact the above body for guidance throughout the process of submission and handling of their complaint.

The protection afforded by the provisions of the law on distance contracts, as well as by these Terms, applies only to transactions with natural persons, who are dealing for purposes that are outside their trade, craft, business or independent profession.

If any part of the sales contract under these Terms is held by a court to be invalid or unenforceable, the rest of the contract will continue to apply. The COMPANY may enter into an agreement to assign its obligations to a suitable third party. Conversely, the Customer is not entitled to assign or transfer their rights or obligations.

All notifications must be in writing (by hand, by email, by fax or by first-class postal letter, which will be deemed delivered 48 hours after mailing).