Introduction
The website “shop.digitalminds.com” (“Online Store” or “Website”) is Digital Minds’ online retail outlet. Digital Minds is a company organized and existing under the laws of Greece, whose registered office is located at 7 Fragoklissias street, Marousi, 151 25, Athens Greece.
The use of this Website and its services, as well as any transaction made via the Online Store (such as purchase) are defined, regulated and governed by the following terms and conditions. Every user of this Website, either visitor or buyer-customer is assumed to consent, accept and adhere to the following terms and conditions in their entirety. Therefore, please read carefully the following terms and conditions and make sure that you fully understand them and that you agree with them. In case you don’t agree with the following terms and conditions you must not use the Website and you should refrain from visiting, navigating and using, in general, the services of the Online Store.
1. General Terms and Conditions.
Digital Minds reserves the right to revise and update the Website’s content and the terms and conditions that govern its use and the transactions made via it, at any time, without prior notice. Digital Minds shall notify the users of the Website for any such revision or update of the terms and conditions hereof by posting notifications on the Online Store. Users must periodically check the Website for any amendments and/or revisions implemented on the terms and conditions. For the avoidance of doubt amendments and/or revisions made to the terms and conditions hereof shall not affect any orders already placed by buyers-customers.
All agreements and transactions via the Online Store are concluded in the Greek language, however, a translation of the terms thereof in English is also available hereunder for the English speakers. You hereby state that you fully comprehend the English language (both oral and written). The terms and conditions hereof do not infringe mandatory law and are unambiguous, specific and easy to understand, so that users perceive their meaning. In case you have any questions or complaints, please contact us at 302106800795 or send us an email at eshop@digitalminds.com or fill in the contact form which is available on the Website.
Navigation and use of the OnlineStoreis strictly forbidden to underage users and to individuals with no legal capacity to enter into binding agreements with third parties. Upon entering the Website, you declare that you are an adult, that you have the legal capacity to enter into binding agreements with third parties and that you will not allow the use of your Website account and/or password by any minors or individuals who have no such legal capacity. In case of usage of your account and/or passwords by any such person, you hereby acknowledge full liability. For this reason, we urge you to follow the commonly acceptable rules for the safety of online transactions.
2. Pricing Adjustments
The prices of the products are updated daily on the Online Store. The company has the right to amend the prices accordingly without updating the visitors. These updates do not retroactively affect the already registered or executed orders under any circumstance.
3. Limitation of Liability
Digital Minds is aimed at providing high quality services and makes every effort to do so. Digital Minds warrants that the information on the Website regarding its identity, the products’ material features and prices and the services provided, is as accurate and complete as possible. However, there may be technical or clerical errors that have escaped Digital Minds’ attention, caused unintentionally or due to interruptions of the Website’s operation or by so-called force majeure events, for which Digital Minds is not responsible. Also, the unlawful interference by third parties (hackers) cannot be ruled out. As a result of the above, there may be alterations or deteriorations to the information on the Website, for which Digital Minds is not responsible.
For the safety and the efficiency of purchases, if you notice that a product is offered at an abnormally low or high price compared to its usual market value and/or features abnormally varied characteristics compared to other products falling in the same or similar category, before placing an order, you are kindly requested to contact us on +302106800795 or send us an email at eshop@digitalminds.com or fill in the contact form which is available on the Website.
Digital Minds does not guarantee the availability of products, but undertakes to inform the customers, based on the data available to it, regarding the availability or non-availability of the products and, in the event its data vary, Digital Minds undertakes to inform the customers promptly of the unavailability of the products.
The Website’s content (including but not limited to any information, names, photographs, depictions,products and/or services) is provided “as it is”.
Digital Minds is liable only for gross negligence and willful misconduct for the information and services it provides via the Website. Digital Minds has no liability (civil or penal) and under no circumstances shall be liable for any loss or damage including but not limited to any loss or damage caused either directly or indirectly , alone or cumulatively by loss of profits or loss of data or monetary satisfaction etc. suffered or incurred by any visitor, user or customer of the Online Store in connection with or otherwise arisen from the operation and/or use of the Online Store and / or the inability of Digital Minds to provide services and / or products and / or information via the Online Store and / or any unauthorized third party interventions or attacks (hackings etc.) to any products and / or services and / or information made available through the Online Store.
The links included in the Online Store lead to e-shop pages of the Online Store. Any links and/or banners available now or to be available in the future providing access to third-party websites, are made available solely for the convenience of visitors users – customers. Third party websites are subject to their own terms of use and the third party providers of such sites are responsible for the security, legality, and validity of the content, the products and the services they provide and are solely liable for any damage or loss suffered in connection thereto.
Digital Minds does not guarantee the availability of these third-party websites and assumes no responsibility for the content, the validity, the legality and the accuracy of the information and / or the views set out or expressed there, nor for the quality or the properties, features or characteristics of the products or services made available through the above websites. Connection to any such third-party website by the use of a link provided in the Online Store is made with the sole responsibility of the users and without any license granted by Digital Minds. Digital Minds is not responsible for any errors or malfunctions of third party websites, not for any damage or loss suffered by visitors/users which is caused from accessing and/or using the information, services, and products provided by such websites.
Delivery of the products takes place within the time specified in the agreement between Digital Minds and the customer and in any case, no later than the deadline set by the law (30 days). Digital Minds is not liable for any delays due to so-called force majeure events, such as but not limited to extreme weather conditions, riots, strikes, political unrest or other events that may affect the transportation and/or delivery of the products ordered. Also, Digital Minds is not liable for any delays that are due to incorrect registration and/or updates by users of their personal information. Digital Minds is not liable for any delays due to its suppliers or to competent authorities (e.g. customs).
4. Obligations – User Liability
The Company, under the terms and conditions set forth herein and in accordance with the legislation, grants users a non-exclusive, transferable, personal, limited right to access and use the e-shop and the information contained therein. Therefore, visit the online store and making transactions through it should only be done for personal and private use and solely for lawful purposes, in a way that does not restrict or impede the use of e-shop from third parties. The user is obliged to use this Site in accordance with the law, the good moral sand the present terms and not to perform any acts or omissions that may cause damage or malfunction to the Online Store or which may affect or endanger the provision of services by the Company.
Website users accept and bind themselves not to use the Online Store for sending, publishing, and generally transmitting any content in any way whatsoever is illegal, harmful, threatening, abusive, libelous, defamatory, defamatory, vulgar, obscene, libelous, violating someone else’s privacy, shows empathy, or expresses racial, national or other discrimination, can cause harm to minors in any way and / or is not allowed under the law and the applicable provisions, to be retransmitted.
Similarly, site users accept and agree that they will not use the Online Store for sending, publishing, and in general by any means, the transmission of inside or proprietary or confidential information acquired or disclosed as part of a business relationship or subject to confidentiality agreements or violate any rights in patents, trademarks, trade secrets, intellectual, related or other proprietary rights of third parties.
It is prohibited to send, publish or transmit in any way, intentionally or unintentionally, any material containing software viruses or any other code, files or programs designed to interrupt, damage, destroy or interfere with the operation of any software or computer hardware, in violation of applicable national and European Union law, also harassment of third parties in any way, as well as sending, publishing and transmitting in any way whatsoever content aimed at or used to collect or store personal data of users.
5. Intellectual Property Rights
The Online Store “shop.digitalminds.com” is an official web siteoftheCompany. The content and every element of the E-shop as a whole, including but not limited to software, source code, databases, design, graphic design, all kinds of data and information material of any kind (such as photos, illustrations , texts, designs, etc.) are proprietary (intellectual, industrial, etc.) of the Company or third parties from which the Company has received the appropriate licenses exclusively for its own needs and the operation of the Online Store; and are protected by applicable national, European Union and international law.
Similarly, the names, badges, trademarks, logos, distinctive features etc. that are listed and / or described by the Online Store, the products and / or services of the Company or third parties constitute assets of the Company or the third parties respectively and are protected by the relevant trademark laws, etc.
The appearance and exposure of the above to the Online Store should under no circumstances be construed as a transfer, assignment or license or right to use it. More specifically, any copying, transfer or creation of derivative work based on such content or data is explicitly prohibited or the public is misled about the actual owner of the Online Store and its service provider. Furthermore, reproduction, re-publishing, uploading, communication, dissemination or transmission or any other use of the contents of the Online Store, in whole or in part, in any way or for any commercial purpose or for any other purpose is permitted only with the prior written consent of the Company or third parties respectively, holders of the respective rights and subject to the indication of the relevant data stating the beneficiaries of the respective rights.
6. Transaction Safety
The security of electronic transactions and user’s personal data is of utmost importance for the Company. All information provided by users to the Company in the course of their transactions is confidential and the Company takes all necessary measures to maximally secure them from any unauthorized access or disclosure, loss, destruction, modification, and misuse. The measures taken by the Company help to certify the accuracy of the data submitted by the users, the correct use of the data and the safeguarding of the electronic transactions, carried out through the e-shop. Only authorized employees of the Company have access to this information to the extent necessary for the provision of the relevant services(such as for the handling of requests or orders by users). In the event that the Company uses third parties to support its systems, it takes care to ensure confidentiality. The Company does not disclose the details of its customers or transactions unless it is authorized by law, court order or other authority.
Access to the company’s servers is controlled by a firewall that allows access to and use of certain services by users / customers while prohibiting access to systems and databases that contain Company data and information. To ensure data transfer privacy, the Company uses the Secure Socket Layer (SSL-128bit) encryption protocol certified by Verising Inc., a trusted e-commerce provider worldwide.
The security control between the data and the server is based on a unique key code ensuring full communication. SSL is supported by the most popular browsers such as Internet Explorer, Mozilla Firefox, Safari, Netscape Navigator and Opera.
Orders entered by customers involve payment. To complete credit card transactions, users must follow the instructions listed in the Online Store and complete the order form with all the necessary supporting documents and details (holder’s name, card number, expiration date, CVV, etc.).
Users are required for their own security to handle the information they provide as confidential and not to disclose them to third parties. Users are entitled to have access to the data held by the Company regarding their transactions and their modification.
7. Declaration of Protection of Personal data
Users are not obliged to reveal their identity information when visiting and / or browsing the e-shop. Such disclosure is requested in some cases, such as registering users in the Online Store, communicating with them, and receiving / registering-processing orders.
Any information received by users is confidential and is strictly for the sole purpose of user transactions with the Online Store, the improvement of the services provided and the operation of the Online Store.
In no case does the Company require users to provide data that the law describes as sensitive, such as health, social, racial or ethnic origin, political opinions, religious or political beliefs, participation in associations, trade unions or unions, past criminal proceedings or convictions, etc.
In particular, the Company collects the following user data categories: (a) data provided by users when they register with the Online Store as customers or when communicating with the Online Store; (b) data provided by users in order to fulfil their order (c) information provided by users in connection with their participation in competitions or other promotional activities; and (d) information provided by users when connecting via another digital service (for instance Facebook, Google, android or ios apps etc.).
When completing any order format the Online Store, the name, address, postal code, e-mail address, telephone number and user credit card details (such as the holder’s name, card number, expiration date, CVV number), as well as the way that the user will pay for the order. In addition, supplemental information may be required, such as details about the type of delivery, billing details and additional info regarding discounts.
This data is necessary for order processing, delivery or booking. The Company is entitled to use the information provided by users for purposes of communication with them, such as for the delivery of orders or competition prizes, or for confirmation and identification of customers when required. The Company may also use this information to communicate (calls) with users about the promotion and procurement of new or other products or services and/or for the sending of messages and any kind of newsletters relating to product, services or offers.
Users have the right to freely withdraw their consent to receive such communications, calls, and newsletters as part of promotions by sending a request via e-mail to the email address eshop@digitalminds.com.
Only authorized employees oftheCompanyhave access to the user’s personal data and any access to them by unauthorized persons is prohibited.
The Company is not entitled to transmit or disclose to third parties the personal data of the users, except on the basis of their prior consent, subject to the following. In extremely rare and special cases, users’ personal information may also be disclosed to companies co-operating with the Company, solely for the support, promotion, and execution of the Company’s business relationship with users, but always under conditions that ensure that the personal data of the users do not undergo any unlawful processing.
Recorded data in the archive may be communicated to the judicial, police or other administrative authorities upon their lawful request and in accordance with the applicable law without the prior consent of the users.
Users have the right to have direct access to information about their personal data,in particular to check their personal data, correct, renew or delete them, as well as to exercise their rights under the provisions of Law 2472/1997.
The provision of personal data by users is tantamount to consensus for the collection,maintenance and processing of such data by the Company for the reasons outlined above.
In the event that users register with the Online Store or when registering their orders or any other use of the services provided here, a password is provided to users for access to data and data concerning them (such as, the content, the value or the course of their order, their personal data, credit card information etc.) users must exercise due diligence to keep this password classified and do not disclose it to third parties.
8. Cookies
The Online Store uses cookies.
Cookies are small text files that are temporarily sent and stored on the user’s computer and are necessary for the proper, uninterrupted and without technical anomalies of the operation of the Online Store. Cookies do not cause damage to users’ computers or files stored on them and are automatically deleted when users leave the site.
Cookies allow online pages, such as the e-Store, to collect multiple user options, identify users who frequently visit these pages, making it easier to access and collect data to improve the content of the web pages. The Online Store also uses Cookies to provide information and process customer orders.
9. Defective Products – Damage Liability
In the event that the products are actually defective or devoid of any property agreed at the time the contract is drawn up, the Company is liable to customers in accordance with Article 534 et seq. Of the Civil Code. In this case, users are entitled to:(a) request the repair of the product without charge or its replacement with another, unless such action is impossible or disproportionate; (b) request reduce the price, (c) withdraw,unless it is a minor factual defect. The above obligations of the Company do not apply if the defect is caused by the user or by force majeure. In any case, buyer’s rights for actual defects or lack of agreed status are forfeited after two years.
For any damage caused by a product defect (eg death, personal injury, damage to property, etc.), the producer of the product is responsible. “Producer” under the applicable legislation means a manufacturer of a finished product, raw material or ingredient and any person who appears as a producer of the product by affixing to it his name, trademark or other distinctive feature. Anyone who imports a product for sale or just lease or other forms of distribution in the context of his/ her professional commercial activity is also responsible, such as the producer.
Where the producer’s identity is unknown, each supplier of the product shall be deemed to be a producer unless within a reasonable time the supplier informs the consumer of the identity of the producer or the supplier of the product. The same applies to the supplier of import products when the identity of the importer is unknown, even if the producer’s identity is known. In case of doubt as to the identity of the producer or the importer of a product, users may contact the Company.
“Defective” is, in accordance with applicable law, the product which does not provide the intended performance in accordance with its specifications and / or the reasonably foreseeable safety in view of all the special circumstances and, in particular, its external appearance, its expected use and of the time when it was put into circulation.
Any agreement limiting or exempting the producer from his liability for damages due to a defect in his products is void. Claims against the producer for such damages are time-barred three years after the injured party has been informed or should have been informed of the damage, defect and identity of the producer. Ten years after the release of the product in question, the rights of the injured party are extinguished.
10. Use Instructions
In accordance with applicable law, in any sale, the supplier must provide the consumer in writing, in Greek or with internationally established symbols, with clear and complete instructions for the safe use, maintenance and full use of the product and information on the risks its use and preservation. The application of the preceding paragraph excludes products which are simply in the course of their manufacture,use and maintenance, provided that the manufacturer does not provide instructions in any language.
As “supplier” for the purposes of this Article is, under applicable law, the manufacturer of the product, his importer in a Member State of the European Union (EU), and any person presented as a producer of the product, in his name, his mark or other distinctive sign.
11. Warranty
For every new product with a long lifetime (durable consumer goods), a written warranty is obligatory. The guarantee must include in plain English language, at least the name and address of the guarantor, the product to which the warranty relates, the precise content of the warranty, its duration and the extent of its territorial validity.
The warranty must be in accordance with the rules of good faith and not be denied by excessive exceptions clauses. The duration of the warranty must be reasonable in relation to the probable life of the product. The “likely product life” is the reasonably foreseeable time at which the product can be used according to its intended purpose, even after repair or replacement of spare parts, until the wear from regular use renders the product useless or re-use economically unprofitable.
Specifically, for state-of-the-art technology, the duration of the warranty must be reasonable in relation to the time when these products are expected to remain technologically modern if this is shorter than their probable lifespan. If a defect occurs on the product during the period of validity of the warranty and the supplier denies or delays its repair beyond the time necessary, the consumer is entitled to request the replacement of the product with new equal value and quality or to withdraw from the contract. If the required repair time exceeds fifteen (15) working days, the consumer is entitled to request the temporary replacement of the product for the duration of the repair.
The supplier of new durable long-term consumer goods must ensure that consumers continually receive technical services for their maintenance and repair for a period equal to their probable lifespan. It must also ensure that consumers are able to purchase spare parts and other products required for their intended use for the entire lifespan. At the end of the warranty period, the repair or replacement of the product is possible, subject to the availability of the required materials, spare parts, etc., at the customer’s charge, subject to agreement. If the client’s claim for repair or replacement of the product arises from a warranty extension contract, the customer is required to provide the relevant contract for its confirmation.
12. Return Policy – Removal – Jurisdiction
a) Returns due to incorrect delivery
If an order is not properly executed, and in particular, if the products delivered, in whole or in part, materially vary from those ordered by the customer, either by type or quantity or otherwise, the customer is entitled to return the products to Digital Minds for review and verification of the error. Both the cost for returning such items to Digital Minds, as well as the cost for re-shipping the products to the customer are borne by Digital Minds, provided that the customer uses the shipping method indicated by Digital Minds for the return of the products.
b) Returns of defective products
i) Products that are “Damaged On Arrival” are returned to Digital Minds within seven (7) calendar days from the date of delivery to the customer. The products must be returned with their full packaging together with all documentation that accompanied the products on delivery (eg. shipping voucher, invoice, receipt, etc., including any warranty extension agreements).
Digital Minds will check the products to verify the defect reported by the customer. If the defect is verified, the product will be replaced by a new product, or in case of unavailability, by another product of matching quality and price, however, if the customer does not wish any replacement thereof, the transaction will be canceled and the customer will receive a refund of the money.
Refund will be made in the same way as the initial payment was made by the customer to Digital Minds. That is, if the customer paid by credit card, Digital Minds will inform the customer’s bank about the cancellation of the transaction, so the bank will proceed with crediting the customer’s account or take any other step necessary under its agreement with the customer. Save for the above notification to the customer’s bank, Digital Minds is not liable for any delays on the part of the customer’s bank to credit the customer’s account or/and to make any other actions required for the completion of the refund, given that all these matters fall outside Digital Minds’ control and are governed by the contractual relationship between the customer and the bank. If the customer paid by bank wire transfer, a bank wire transfer will be made from Digital Minds’ accounts to the customer’s account. If the customer paid in cash, the customer will be able to collect the refund from Digital Minds’ premises.
Products that are considered defective on delivery (“Damaged On Arrival”) are returned to Digital Minds at the cost of Digital Minds, provided that the customer uses the shipping method indicated by Digital Minds for the return of such products.
Customerisliablefor any reduction in the value of the above “Damaged On Arrival” products (as for instance, loss or damage thereof) if it is due to handling of the product other than as necessary to ascertain the product’s nature, characteristics and functionality. The amount of Digital Minds’ compensation in each such case will be determined by the condition of the product. In such cases, Digital Minds will be entitled to proceed to total or partial set-off of its claim against the customer’s refund, without prior notice.
ii) If following delivery of the product, the customer discovers that the product has a manufacturing defect or lacks any material property, feature or characteristic that was stipulated in writing between the parties, then, provided that the period of the warranty (either legal or commercial) has not expired, the following shall apply:
The product may be returned to Digital Minds in order for the defect or the lack of the stipulated property, feature or characteristic claimed by the customer to be verified. The verification will be made by Digital Minds or by the supplier – producer – manufacturer providing the warranty. After the product is checked, the customer will be contacted and informed of the results thereof. If the defect or the lack of the stipulated property, feature or characteristic claimed by the customer is established, the product will be repaired – and not replaced – without the customer’s charge.
If however, repair cannot be completed within a reasonable time or if repair would impose disproportion at expenditure, then the transaction will be canceled. In case of cancellation of the transaction, the amount of the original purchase will be refunded to the customer in the same way the initial payment was made by the customer to Digital Minds. That is, if the customer paid by credit card, Digital Minds will inform the customer’s bank about the cancellation of the transaction, so the bank will proceed with crediting the customer’s account or take any other step necessary under its agreement with the customer. Save for the above notification to the customer’s bank, Digital Minds is not liable for any delays on the part of the customer’s bank to credit the customer’s account or/and to make any other actions required for the completion of the refund, given that all these matters fall outside Digital Minds’ control and are governed by the contractual relationship between the customer and the bank.
If the customer paid by bank wire transfer, a bank wire transfer will be made from Digital Minds’ accounts to the customer’s account. If the customer paid in cash, the customer will be able to collect the refund from Digital Minds’ premises.
c) Withdrawal
For every long-distance purchase using distance communication such as the internet (distance contract), the customer retains the right to withdraw from the agreement within 14 calendar days. The right of withdrawal is the costumer’s right to return the product to the seller within the above period and to be refunded the money the customer paid. The customer may exercise this right of withdrawal at no cost and without any obligation on his part to state the reasons for doing so, as follows:
In order for the customer to exercise the right of withdrawal, the customer must inform Digital Minds of his decision to withdraw from the contract with a clear statement, by sending the relevant form (you can find it here) at the email address “eshop@digitalminds.com”.
The right of withdrawal is valid for 14 calendar days starting on the following day of the day of receipt if the product by the customer (or by a third party appointed by the customer to this effect). If the order includes several products, the period to exercise the right of withdrawal begins on the following day of the day the last item of the order was delivered. If the order includes a product consisting of several lots or multiple items or parts, the period to exercise the right of withdrawal commences on the following day of the day the last lot, item or part was delivered.
If the order concerns a delivery of products over a specified period of time, the period to exercise the right of withdrawal commences on the following day of the day the first product was delivered. If the contract concerns a digital content product that is not stored on any fixed media, the period to exercise the right of withdrawal begins on the date the contract of sale was concluded.
If the customer exercises the right of withdrawal, Digital Minds will refund to the customer all the money Digital Minds received from the customer for the performance of the contract of sale, including the costs of delivering the product to the customer (but excluding any additional costs incurred in case the customer used a more expensive shipping method than the standard shipping method offered by Digital Minds) without undue delay and in any case, not later than 14 calendar days from the day Digital Minds was properly notified of the customer’s decision to exercise the right of withdrawal.
Refund will be made by using the same way of payment the customer used for the payment to Digital Minds,unless the customer has explicitly agreed otherwise. For more details please see paragraph 12b above (“Returns of defective products”), which applies in this instance accordingly.
Digital Minds may withhold the refund until it receives the product back or until the customer provides sufficient proof that the product was shipped to Digital Minds within the specified time, whichever is earlier. The customer will not be charged with any cost for the refund. The burden of proof that the customer exercised the right of withdrawal rests upon the customer.
The customer is required to deliver the product to Digital Minds in the same condition it was delivered to the customer (in mint condition) along with all the documents that accompanied it on delivery (eg. shipping voucher – invoice, retail receipt, etc., including any warranty extension agreements). The cost of returning the product is charged to the customer.
The customer is liable for any reduction in the value of the product if this reduction is due to handling of the product other than as necessary to ascertain the product’s nature, characteristics and functionality. For the avoidance of doubt, the customer’s withdrawal does not produce any legal effects and Digital Minds will not be liable in any way and will not compensate the customer if the product is damaged by the customer or if the product has been used in any way that exceeds the use reasonably considered to be necessary for verifying the nature, characteristics and function of the product.
The customer’s right of withdrawal does not apply in the cases of Article 3ιβ of Greek Law 2251/1994. Indicatively and without limitation, the right of withdrawal does not apply:
– if the contract refers to the supply of products that are manufactured according to the customer’s specifications and/or are clearly personalized,
– if the contract refers to the supply of sealed sound audio or video recordings or sealed computer software that have been unsealed after delivery,
– if the contract refers to the supply of newspapers and magazines of all kinds, excluding subscription agreements for the supply thereof.
d) Code of Consumer Conduct – Dispute Resolution
These terms and conditions are in accordance with the Consumer Code of Ethics for Electronic Commerce (Government Gazette 969 / 22.3.2017), a copy of which you can find here. In order to resolve any dispute (judicial or extrajudicial), the applicable provisions apply. You can find links to the Consumer Dispute Resolution Platform (ODL) here.
If you use this website you accept and consent to the Privacy Statement, as well as to the other terms and conditions of use of the Website.
