Terms of service
TERMS AND CONDITIONS
These terms and conditions govern the use of this website https://www.totimodesign.com/ and the purchase of products through this website (hereinafter the “Terms”).
Please read these terms carefully. By purchasing products or otherwise accessing or using any part of the services, the Consumer agrees to these terms and conditions. These terms may have changed since the Consumer last accessed or used the services.
THE COMPANY
The sale of products through this website is conducted by the company under the name “TOTIMO GREECE SA” and the distinctive title “TOTIMO”, a Greek company based in Athens, 32 Voukourestiou Street, 10671 Athens, Tax ID: EL802658840/DOU KEFODE Attica.
WEBSITE USE
The information or personal data the Consumer provides to TOTIMO is subject to processing under the Data Protection Policies. By using this website, the Consumer provides their consent to the processing of such information and data and declares that all information and data provided to TOTIMO is true and accurate.
By using this website and/or placing an order through it the Consumer undertakes to:
· Use the website only to submit legitimate enquiries or orders.
· Do not make false or fraudulent orders. If there is a reasonable belief that such an order has been placed, TOTIMO has the right to cancel it and inform the relevant authorities.
· Provide us with the Consumer correct and accurate e-mail address, postal address and/or other contact details. The Consumer also accepts that TOTIMO may use this information to contact them if necessary (please refer to Privacy Policy). If the Consumer does not provide TOTIMO with all the information we need, the order cannot be processed.
PLACING AN ORDER
By placing an order through the website, the Consumer guarantees that they are at least 18 years old and that they have legal capacity to enter binding contracts.
To place an order the Consumer will be asked to follow the purchase process and click on the “Purchase” button. The Consumer will then receive an e-mail from TOTIMO confirming receipt of their order (“Order Confirmation”).
All orders are subject to acceptance by TOTIMO, and such acceptance will be confirmed by sending the Consumer an e-mail confirming that the product has been dispatched. The contract for the purchase of a Product between the two parties (“the Contract”) will only be deemed to have been entered into when the Dispatch Confirmation is sent to the Consumer.
The Contract will only apply to the products whose shipment TOTIMO has confirmed in the Shipment Confirmation.
All orders of products are subject to availability. In the event of supply difficulties or depletion of products in stock, TOTIMO has the right to inform the Consumer of similar products of equal or superior quality and value that the Consumer may order. If the Consumer do not wish to order such similar products, TOTIMO will refund any amount the Consumer may have paid in full.
Upon availability of the Goods and subject to exceptional circumstances in this regard, “delivery” will be deemed to have taken place or the order will be deemed to have been delivered when the Consumer or a third party nominated by the Consumer, other than the carrier, has obtained physical possession or control of the Goods.
If, after 15 days from the time the order is available for delivery, that order has not yet been delivered for reasons beyond TOTIMO’s control, TOTIMO will consider that the Consumer wishes to cancel the Contract and the Contract will be considered terminated.
As a result of the termination of the Contract, TOTIMO will return to the Consumer any payment TOTIMO has received from the Consumer, including delivery charges, as soon as possible and in any event within 14 days of the date on which the Contract has terminated.
Transport arising from the termination of the Contract may have a higher cost, which TOTIMO is entitled to charge the Consumer for.
RISK AND TITLE
Liability for the goods passes to the Consumer once the Consumer or a third party the Consumer has nominated, other than the carrier, has acquired physical possession or control of the goods.
Ownership of the goods shall pass into the Consumer hands either upon full collection by TOTIMO of all sums due in respect of the goods, including shipping costs, or upon delivery of the goods if this takes place after collection.
PRICE AND PAYMENT
The prices on TOTIMO website exclude VAT and the shipping costs, which are added to the total price. Prices may change at any time, however, any changes will not affect orders for which an Order Confirmation has already been sent to the Consumer.
Once the Consumer has selected all the products they wish to buy, they will have been added to their shopping cart and the next step is to proceed with the order and pay.
To do this, the Consumer needs to follow the steps of the purchase process, filling in or verifying the information requested at each step. Further, during the purchase process, before payment, the Consumer can change your order details.
Payment can be made with Visa, Mastercard and American Express credit/debit cards and PayPal.
The Consumer’s card details will be encrypted. Once TOTIMO receives the order, the card will be charged.
If payment is made via PayPal, the amount will be charged upon confirmation of their order.
The moment the Consumer clicks on the “Authorize Payment” button they confirm that the credit/debit card belongs to them.
Credit/debit cards are subject to validity and approval checks by the card issuer. If the card issuer does not approve payment, TOTIMO will not be liable for any delay or non-delivery and will not be able to enter into a Contract with the Consumer.
Credit/debit card transactions carried out through TOTIMO website are processed through the electronic payment platform Stripe which uses encryption technology TLS 1.2 with encryption protocol 128-bit (Secure Sockets Layer – SSL) for certifying the security of the transactions. SSL is an international internet standard which offers 128bit encrypted communication. Through the SSL encryption, the information is coded until it reaches the Bank server, then the server reverts with the security certificate, the confirmation that the Consumer has visited a correct website and public key. Next, the computer uses the public key for encrypting confidential information and sends them to the server, which uses its own private key for having them decoded.
VALUE ADDED TAX
In accordance with current rules and legislation, all purchases made through TOTIMO’s website are subject to Value Added Tax (VAT).
In this context and in accordance with Chapter I of Title V of Directive 2006/112/EC of the European Council of 28 November 2006 on the common system of value added tax, as incorporated into the Greek VAT Code, the place of supply will be deemed to be the Member State of the address where the goods are to be delivered (i.e. Greece) and the VAT rate applicable in Greece will be applied.
According to the applicable rules and legislation of the jurisdiction concerned, the reverse charge rule (Article 194 of Directive 2006/112) may apply to goods to be supplied to certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. In this case, TOTIMO will not charge VAT, subject to confirmation from the recipient that the VAT charged on the goods supplied will be refunded by the customer under the reverse charge procedure.
EXCHANGES AND RETURNS POLICY
Right of Withdrawal
If a person is dealing as a Consumer, one can withdraw from the Contract within 14 calendar days without giving any reason.
The withdrawal period expires after 14 calendar days from the day that the Consumer or a third party designated by them, other than the carrier, acquired physical possession or control of the products, or in the case of an order with several products after 14 calendar days from the day that the Consumer or a third party designated by the Consumer, other than the carrier, acquired physical possession or control of the last product.
To exercise the right of withdrawal, one may notify the Company by telephone at +30 210 3611732 or by sending an email to info@totimodesign.com of the decision to withdraw from this Agreement.
To withdraw in time, it is sufficient to send a communication about exercising the right of withdrawal before the withdrawal deadline.
Withdrawal results
If the Consumer withdraws from this Agreement, TOTIMO will refund them without delay and in any event within 14 days of the day TOTIMO is notified of the withdrawal, all payments TOTIMO has received from the Consumer, including delivery charges.
The Consumer will not be charged any fees for this refund. Subject to the above, TOTIMO may however withhold the refund either until TOTIMO receives all the products back or until TOTIMO receives evidence that the Consumer has returned the products, whichever comes first.
The Consumer may return or deliver the products by hand to the Headquarters through, without culpable delay and in any case no later than 14 days from the day the Consumer informed TOTIMO of their withdrawal from this Agreement.
The Consumer is deemed to have done this in due time if they have given the products for dispatch before the 14-day deadline has passed.
The Consumer is responsible for any impairment of the value of the products as a result of such treatment that alters their nature, characteristics and functionality.
Contractual Right of Withdrawal
In addition to the right of withdrawal provided to the Consumer as stated above, TOTIMO grants the Consumer a period of 30 days from the date of the Shipping Confirmation to return the products.
In case the Consumer returns the products on time within the contractual withdrawal period, but late for the legal withdrawal period, only the value of the returned products will be refunded to the Consumer. The direct costs incurred due to the return of these products will be borne by the Consumer.
The Consumer may exercise the right of withdrawal, however, if the Consumer informs TOTIMO of the withdrawal after the expiry of the deadline for legal withdrawal, the Consumer is in any case obliged to return the products to TOTIMO within 30 days from the date of delivery.
The Consumer’s right to withdraw from the Contract applies only to products returned in exactly the same condition as received. No amount will be refunded to the Consumer if the product has been used after it has been opened, if the product is not in the same condition as it was delivered or if it has been damaged.
The Consumer has to return the products using or including the original packaging, instructions and any other documents that may have accompanied the products. In any case, the Consumer must return the products together with the receipt they have received upon delivery.
For further questions, please contact TOTIMO via the online contact form or by phone at +30 210 3611732 or by sending an email to info@totimodesign.com.
RETURNS OF DEFECTIVE PRODUCTS
If the Consumer believes that the product they ordered does not comply, at the time of delivery, with the terms of the Contract, they should contact TOTIMO immediately via the online contact form, describing in detail the product and its defect, or by calling TOTIMO at +30 210 3611732 or by sending an email at info@totimodesign.com and TOTIMO team will provide instructions for further action.
The Consumer must return the product to TOTIMO at the address indicated on the receipt that the Consumer will receive upon delivery of the product.
TOTIMO team will inform the Consumer by e-mail within a reasonable time if they are entitled to a refund or replacement (if applicable).
The refund or replacement will be made as soon as possible and, in any event, within 14 days of the day TOTIMO confirms to the Consumer by e-mail that they are entitled to a refund or replacement of the defective product.
In the case of defective products, the amount paid will be refunded in full, including shipping costs and any other reasonable costs the Consumer has incurred in returning the product. The refund will be made by the same method as payment was made at the time of purchase.
INTELLECTUAL PROPERTY
The Consumer acknowledges and agrees that all intellectual property rights, trademarks and all other intellectual property rights in relation to all material and content provided as part of the website belong at all times to TOTIMO or those who license them to TOTIMO. The Consumer’s use of such material is permitted by TOTIMO only to the extent expressly authorised TOTIMO or TOTIMO’s licensors.
This does not prevent the Consumer from using this website to the extent necessary to create a copy of an order or the details of the Agreement.
WRITTEN COMMUNICATION
Applicable law requires some of the information or updates TOTIMO sends to the Consumer to be in written form. When the Consumer uses TOTIMO’s website, they accept that communication with TOTIMO will be primarily in electronic form. TOTIMO will communicate with the consumer by e-mail or provide them with information by posting notices on our website.
For contractual purposes, the consumer agree to this electronic form of communication and acknowledges that all contracts, notices, information and other communications TOTIMO provide to the Consumer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the consumer’s statutory rights.
NOTICES
All notices directed to TOTIMO by the consumer must be submitted via the online contact form. TOTIMO has the right to notify the consumer either by e-mail or at the postal address they provided to TOTIMO when they placed their order.
The notice will be deemed to have been duly served and received as soon as it is posted on TOTIMO’s website or 24 hours after the sending of an e-mail or three days from the date of sending of any letter.
Sufficient proof of delivery of any notice will be, in the case of a letter, the fact that such letter is correctly addressed, postage paid and delivered to the post office and, in the case of an e-mail, that such e-mail was sent to the addressee’s designated e-mail address.
EVENTS OF FORCE MAJEURE
TOTIMO is not liable or responsible for any failure to perform or delay in performing any of TOTIMO’s obligations under a Contract caused by events beyond TOTIMO’s reasonable control (a Force Majeure Event).
A Force Majeure event is any act, event, failure to perform, omission or accident beyond TOTIMO’s reasonable control and includes specifically (but not limited to) the following:
i. Strikes or other trade union actions.
ii. social unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iv. Inability to use railways, ships, airplanes, motor vehicles or other public or private means of transport.
v. Inability to use public or private telecommunications networks.
vi. Acts, ordinances, laws, regulations or governmental restrictions.
vii. Any strike, breakdown or accident of the ferry and postal services or other means of transport.
The performance of TOTIMO’s obligations under any Contract shall be deemed to be suspended for the period of the Force Majeure Event and the time for performance of TOTIMO’s obligations shall be extended for a period equal to the duration of such period.
TOTIMO will use all reasonable endeavours to end the Force Majeure Event or find a solution that enables TOTIMO to fulfil its obligations under the Contract despite the Force Majeure Event.
If at any time during the term of a Contract TOTIMO does not seek the Consumer’s strict performance of any of their obligations under the Contract or any of these terms and conditions, and/or if TOTIMO fails to exercise any of the rights or remedies to which is entitled under the Contract or these Terms, this will not constitute a waiver or limitation of those rights and remedies and will not relieve the Consumer of their obligation to comply with those obligations.
TOTIMO’s waiver of an individual claim does not constitute a waiver of any similar claim in the future.
No waiver by TOTIMO of any of these Terms or of TOTIMO’s rights and remedies under the Agreement will be valid unless expressly stated to be a waiver and notified to the Consumer in writing, as set out in the clause above relating to Notices.
AMENDMENT OF TERMS
TOTIMO reserves the right to review and amend these Terms at any time.
At the time the Consumer orders products from TOTIMO or uses this website, they are subject to TOTIMO’s then-current policies and Terms, unless any modification of those policies, TOTIMO’s Terms or Privacy Policy is required by law or governmental authority, in which case any changes will apply to orders placed by the Consumer prior to the changes.
LAW AND JURISDICTION
The use of TOTIMO website and the contracts for the purchase of products through it are governed by Greek law.
Any dispute arising out of or related to the use of the website, or these Agreements is subject to the non-exclusive jurisdiction of the Greek courts.
If an individual is entering into a contract as a Consumer, this clause does not affect their legal rights in any way.