- E-shop or Website: The website www.nhmuseum-shop.gr.
- Nhmuseum-shop: The e-shop www.nhmuseum-shop.gr.
- Visitor: The person who browses the Website, without logging on its account or ordering Products.
- User: Anyone who creates and uses a user account on the Website.
- Customer: The Visitor / User who orders / buys a Product of the E-shop.
- Consumer: Any natural person who is acting for purposes which are outside his trade, business, craft or profession.
- Company: The “HISTORICAL AND ETHNOLOGICAL SOCIETY OF GREECE”
- Products: The products that the Company retails through the E-shop.
AGREEMENT WITH THE COMPANY
The online Products list on the Website constitutes an invitation to the Visitor / User to submit a proposal of buying the Products. The customer who orders Products through the Website, proposes to the Company an agreement on the sale of the Products. The terms on which the agreement (contract) will be concluded, if the Company accepts the proposal, are the Terms of Transaction, as supplemented by the applicable National and European law. You can order either as a registered User or as a Visitor. An agreement with our e-shop may be made either in Greek or in English language.
Your agreement with the Company shall be deemed made only when you receive an e-mail of “order confirmation” from our company, upon checking availability of products and correctness of order, and shall be terminated upon full payment of the order made and delivery of products. If you pay your order until you receive your “order confirmation” e-mail, your money will be taken as a financial guarantee for the execution of the agreement (contract) and will be refunded immediately if your order is not confirmed.
The Company maintains full possession of its ordered products until full payment by the customer of their price as well as of the cost of delivery.Our Company shall be required to deliver the ordered products with specifications agreed upon and with no defects.
In any dispute over the content of the Terms of Transactions and / or any mismatch between the Greek edition and its translations, the Greek edition, which expresses the true meaning of the Terms of Transactions, will prevail.
TITLES – CONTENTS
PRODUCTS & PRICES
In the Nhmuseum-shop are available for retail products like jewelry, accessories, home and office decorations, handmade toys, school supplies, posters, cards, prints of paintings on canvas seasonal creations and gifts on the occasion of festive periods, publications etc.The Products are creations of special aesthetic and artistic value and are protected under Intellectual Property Law and Unfair competition law.
The Company is constantly trying to display the colors and characteristics of the Products as accurately as possible, through the Website. The Company shall not be liable for the accuracy of the colors / characteristics that your computer monitor's display.
All descriptions and specifications of Products or Products pricing are subject to change at any time without notice, at the sole discretion of us, without prejudice to already confirmed orders.
The Company does not guarantee that the Products available through the E-shop will meet your expectations in terms of quality, features and durability. Therefore, the Company does not bear any responsibility towards you in case the Products do not meet your expectations.The Company must provide the ordered Products to the Consumer with the agreed properties and without defects. In any case, the rights of the Consumer from the two-year legal guarantee, where applicable, apply. National law may give the consumer additional rights.
In agreements under which the Company ships products to customers, the risk of loss or damage of goods is transferred to customers when they, or any third parties appointed by them and other than the courier appointed by the Company, acquire physical possession of said goods. However, the risk is transferred to customers upon delivery to the courier if the courier is entitled by customers to receive and curry the goods from the Company to customers, and such option has not been offered by the Company, without prejudice to customers’ rights towards the courier.
The use of the Website requires internet access. You must ensure with your own diligence internet access and you are fully charged with any billing, by Internet services and access services providers, that using of internet involves for the use of the Website, for receiving – sending data to the Website or for communicating with the Company.
For the use of the Website a terminal device (Computer, tablet, mobile phone), which has the appropriate operating system (ex: Microsoft Windows, Apple MacOs, Android) as well as relevant Internet browser software, is required. The purchase, possession, supply, maintenance and repair of your terminal device are your responsibilities. The Company is not responsible for any inability / difficulty of your terminal equipment to access to the Website or to display the content of the Website. The Company does not provide any guarantee of compatibility and smooth operation of the Website and does not provide any kind of hardware.
ACCESS, USE OF THE WEBSITE & USERS’ OBLIGATIONS
The Website operates 24/7. The Company retains the right to modify, suspend, discontinue the operation of this Website and/or the services provided therein due to maintenance, improvement, updates, commercial policy etc, at any time and with no prior notice, without prejudice to any rights / obligations Visitors / Users / Consumers and third parties may have under the law or any agreement made with the Company.
Visitors, Users and Customers must respect the provisions of Civil Code, which regulate the capacity for legal acts and the general validity of legal acts. In particular, the use of services provided in Nhmuseum-shop and valid agreements made with our e-shop require the contracting persons’ full capacity to perform legal acts. Therefore, consumers of our products and services may make legal agreements with the Company as along as they are adults, to wit, they have reached the age of eighteen and are not under full or partial judicial support. Otherwise, the legal act’s invalidity is absolute and the same is considered as not to have been performed. Consumers making agreements with our e-shop Nhmuseum-shop, have any and all rights and obligations provided by articles 513 and following ones of Greek Civil Code.
Visitors, Users and Customers are required – at making any kind of agreement with our E-shop – to provide full and accurate personal details required for making a valid agreement. Customers must without fail provide a valid e-mail, to which they have access when ordering products.
Logging on Nhmuseum-shop, by using personal passwords set by a member at his/her sign up, is a proof of the logging on person’s identity, in the sense that the use of said passwords is deemed in any case to have been made by the member who owns said passwords. Any acts performed by the User after his/her log in and while remaining inside the website Nhmuseum-shop, fully bind the passwords holder, either he/she was the one who logged in and used the e-shop’s services or anyone else who used said passwords – with or without the holder’s knowledge/consent/authority. Therefore, the Users are solely liable for the safety of their passwords and any damage caused to Nhmuseum-shop, to them or any third party by unauthorized use of said passwords.Users must not disclose their passwords for accessing the e-shop to third parties, and they should logout after having completed their order/browsing, especially in cases when they have logged in from a third party’s computer or their computer is accessible by third parties. We recommend our Users to notify us immediately in case their passwords are lost, leaked, stolen, intercepted and/or illegally used by an unauthorized person, so that we can help them recover/change said passwords and protect both themselves and their personal data.
Users confirm the user’s sign up (account creation) in Nhmuseum-shop by following a link sent to the e-mail they have provided when signing up, therefore, the individual who has access to the e-mail provided during sign up procedure is unquestionably deemed by Nhmuseum-shop to be the person who uses the member’s account in Nhmuseum-shop.Access to Nhmuseum-shop by a Visitor with a certain IP is an indisputable presumption that said Visitor is the individual or legal entity who owns the terminal equipment connected online with Nhmuseum-shop via that certain IP.
Visitors / Users are required to act in compliance with the Greek law, including any generally accepted rules of International Law as well as of International Agreements, which from the moment they are ratified by law and put in effect pursuant to the terms of each of them, are an integral part of the Greek law and supersede any contrary provision of Greek Law, to respect and abide by any law of the European or International Law applicable in using the Website and its services, and to exercise their rights within the limits set by good faith, morality and social and financial purposes of their rights.
Visitors / Users are required not to use the Website, its services, order/contact forms or any other means of expression through this website or accounts of the E-shop in social media, such as Facebook, Twitter, Instagram, You Tube Google Maps etc. for the purpose of posting, disclosing, spreading information, data and generally any illegal, unfair, undue, slandering and/or false, threatening, deceitful, coercive, abusive, provocative, insulting, obscene, vulgar, sulfurous, pornographic, racist content. Posted content is also prohibited to urge people to commit crimes, to be the same or its disclosure via this website a punishable act, to make discriminations, to breach any kind of confidentiality, to violate constitutional rights, to offend childhood, professional reputation, privacy and to be adverse to the law in general. Besides, Users / Visitors must not post commercials in any form and of any content, contests, third parties’ personal data, confidential information about the Company or its associates, spam messages, chain letters, unlicensed or other malicious software, works protected by the law of Copyright and Industrial Property.
Users must not use Nhmuseum-shop for illegal and unfair purposes, for promoting illegal services or products. Users are liable for any damage incurred to the Company or third parties by such use of Nhmuseum-shop. Users and any other individual or legal entity must not use software for intercepting users’ visitors’ and customer’s data kept by the Company and not save or process data – operation data among others – for advertising or other purposes. It is forbidden for Visitors / Users / Customers to develop behavior that is contrary to good faith, honest practices business ethics. Users are required to abstain from any acts of slandering of the Website, the sole purpose of which is to discredit the E-shop or defame the Company and the Products.
Users and third parties are strictly prohibited to interfere in the form, operation, services, content, data bases and any other information that constitute this Website, by using any mechanism, software, either malicious or not, process, either electronic or not, by sending harmful files such as viruses, spam messages, DDOS attacks etc. which may affect, harm, suspend, terminate and, generally, obstruct this Website’s smooth operation or Users to log in, access and use the Website, and endanger the provision of services offered thereby. The Company reserves the right to pursue recovery of any damages incurred thereto by misconducts as the aforementioned and any liable party’s prosecution.
This website’s Users are further recommended to have an acceptable and modest attitude when interacting and communicating with other Visitors / Users therein, to respect each other and the website’s managers, and not to behave adversely to Netiquette. Abiding by the above rules contributes to the Website’ s and the internet’s smooth operation.
BREACH OF THE TERMS
LIMITATION OF LIABILITY
The Company shall not be liable for any damage incurred to a Visitor, User or third party by the Visitor’s / User’s misconduct, provided the Company fulfills its own obligations. Third parties who are responsible, parents, judicial supporters and minor children’s guardians, as well as any third parties who are bound by law or by an agreement made with our E-shop, are not exempted from the obligation to pay and perhaps reimburse the Company due to the fact that the person directly contracted with the Company acted unlawfully or without their consent, authorization or approval.
The Company is not obliged to know whether any information provided by a Visitor / User is true or not, considering the personal data provider as the real subject thereof.
Users are obliged, when using the Website, to provide their personal data. The Company is not responsible for any damage to the User or a third party caused by the unintentional or intentional provision of false / inaccurate data by the User.
In an agreement made with the Company, the counterparty’s use of the selection which provides payment of an order by a credit / debit card (or other electronic means of payment) and subsequent provision of personal details of the card’s legal owner, binds the card’s legal owner, regardless of the person who uses said card and gives the required information, therefore, it is indisputably presumed that the legal owner consents to his card being charged with the sale price. Any card or other electronic means of payment used illegally or without its legal owner’s consent for making an agreement with our E-shop does not relieve its legal owner from any obligations arising from such agreement nor from any claims our Company may have for reimbursement due to an illegal act or omission performed by the card’s user.
The Company is solely liable for any information provided to this website by the Company itself, provided it is required and able – pursuant to the provisions of law – to know whether such information is accurate and lawful, without prejudice to any printing errors or minor similar omissions. According to the provision of applicable law related with issues of liability on part of providers of services of information society, our Company is exempted from any liability as to any content posted in this Website by third parties.
Our Company shall not be liable for any shortage of products by reason of force majeure, weather phenomena, fire, epidemic, pandemic, war, suppliers’ strikes, third parties misconduct and, generally, by any reason beyond the Company’s control.
Our Company shall not be liable for any temporary or permanent failure to provide its services as well as for any delay in accepting and executing orders and delivering the ordered products by reasons beyond its control, such as force majeure, severe weather phenomena, natural disasters, states of emergency, strikes, fire, epidemic, pandemic, war, malfunction of collaborating courier companies, accidental deterioration or destruction of products before delivery to Customers and after having been consigned, the User’s or third party’s illegal interventions, malfunction of the provider of Online Payment Processing (Banks etc.) or the Host Provider or ISP or Access Provider or the user’s terminal equipment, for incorrect provision of information on the user’s part and, generally, for any incident that obstruct the Company to fulfill its contractual obligations. The Company’s liability is limited to the obligations it assumes under any agreement made with a consumer, and it shall make any possible effort to meet said obligations within reasonable time.
The Company shall not be liable for the bad condition of any Products delivered, provided that bad condition is not caused by the Company’s inefficient storing and all required precautionary measures have been taken by the Company.
Our Company shall not be liable for any side effects and damage caused by Products wrongly ordered or carelessly used by the Customer, or due to producer/manufacturer’s liability (provided it is other than the Company), such as errors during production/manufacturing, insufficient information or directions that go with the products, low quality of production, lack of material safety and Products’ defects.
The Company is not responsible for any damage to the User or a third party caused by risks that threaten internet users and may occur while using the Website. Our Company profoundly checks the security level of services it provides electronically, using programs against viruses and malicious software. During browsing this website, Visitors / Users are recommended to use software for protection from computer viruses, Trojan horses, spyware, time bombs, ransomware, DDoS Attacks etc. Our Company shall not be liable for any damages to the Visitor’s / User’s hardware, software and data, as well as for any other damage incurred to Visitors / Users or third parties by the aforementioned risks.
Our Company shall not be liable for the content of websites to which our Visitors / Users are referred by hyperlinks, banners, frames etc. legally inserted in this website. Our Company shall not be liable for any damage incurred to users by their visiting such websites, as well as for any damage caused by risks appearing in online systems of Banks, entities advertised in this Website or collaborating courier companies etc., even if Visitors / Users are referred to said websites by hyperlinks, banners etc on the Website. Liability for the content, information, users’ safety and protection of their personal data, and the quality of services provided is born solely by owners, managers and beneficiaries of said websites, which users visit at their own risk.
The Company is released from any liability for any damage incurred to users, obligation – either contractual or not – towards users, and from any direct or incidental claim filed by users, provided users breach this website’s use and operation terms, provide false, inaccurate and/or inefficient information and data, either required or not, develop misconduct when browsing this website, violate users’ rules for behavior, either legal or customary, fulfill any obligations they have by the law or under an agreement through actions or omissions.
The Company deems that any User who enters personal data to the Website is the person whom said personal data refer to. The Company is neither able nor obliged to verify the identity of the person who enters said data; therefore, it bears no liability, and the User who enters said data is liable for any false and illegal entry both towards the Company and the person whom said personal data refer to (data subject). Users explicitly accept and acknowledge that they are solely liable for their actions and any incidental obligations to reimburse those damaged. The Company reserves the right to ban the User from accessing the Website and to delete the User’s account and information posted by hime/her.Voluntary entry of their personal data by Visitors / Users of Nhmuseum-shop shall entitle the Company to process said data in order to execute orders and duly provide the services required by Visitors / Users.
The Company shall deliver the ordered products to the collaborating courier companies for the purpose of being consigned to the Customers. The Company shall provide to the collaborating courier companies the necessary information for effective delivery of ordered products, among other, the Customer’s necessary details. The Company is released from any liability for any Customer’s or third party’s damage that may be incurred if the collaborating courier companies deliver the ordered products to any person other than the Customer, provided said person resides, works or stays in the Customer’s house or workplace or any other place indicated by the Customer as the place of delivery of ordered products. The respective liability lies with the Customer. The Company provides its services and all the content available through this Website “as is” and without any kind of warranty about the accuracy, quality and security. The Company shall not be liable under any circumstances, towards the Visitor / User or any third party, for any direct, indirect positive damage or loss of earnings from the use of the Website, in condition that it fulfills its obligations. The Company has no responsibility for the loss of data hosted on its servers. Each User has the sole responsibility for keeping a backup copy of the information posted on the Website.Our Company’s posting of the Terms of Transactions and their content may not cause any liability for the Company further than the one provided by the law.
Customers must get informed with their own diligence about requirements and specifications provided by the law of the country they reside or stay in, so that any Products ordered from our E-shop follow a safe route from our shop to them. Customers get informed about the necessary specifications by the proper Authorities of the country where the products are delivered.In particular, Products must fulfill certain customs requirements and restrictions in order to be imported to the country of destination, such as structure specifications, restrictions on kind, weight, dimensions, requirements for necessary supporting documents, manuals etc. Customers are required to verify that any products they order form our E-shop fulfill said requirements.
Customers may get informed about our products’ characteristics by contacting our E-shop. If they find out that any Products do not fulfill the necessary requirements in order to be imported to the country of destination, they must not make any order, otherwise they shall be charged with any incurring expenses. In particular, Customers are charged with any cost incurring if the Authorities of the country of destination refuse to allow any Product’s entrance in its territory, either it is a cost for the Product’s consignment and return to our E-shop or a cost for storage and necessary handling, or for additional duties or for lawfully imposed fines due to the product’s noncompliance with the legal requirements.
GOVERNING LAW AND DISPUTE RESOLUTION
Works contained in the Website, in the form of text, image, drawing, photograph, graphics and logos, computer animation, software, data basis, music and audiovisual extracts, advertising pictures and slogans, which are protected by law 2121/1993 as well as by other National or International provisions of law, constitute the Company’s Copyright, without prejudice to Copyright held by other beneficiaries, protected under the relevant provisions of the Greek Law. Our Company maintains the Copyright of this website and any webpages that comprise it, which are independently protected as original works of conjectural design and applied arts, according to specific requirements of law, as well as, as collections of works. Copyright is primarily acquired without any formalities. Furthermore, the webpages of this website are also protected as data bases, provided they have the characteristics of data bases. The e-shop’s distinguishing features and distinctive title as well as the products’ distinguishing features Nhmuseum-shop has, are protected by the law that applies to trademarks.Distinguishing features (from their use to their establishment in transactions), as well as the whole content of this website, are further protected under the provisions of unfair competition law. The domain name nhmuseum-shop.gr has been lawfully assigned to the Company by the Hellenic Telecommunications & Post Commission (EETT), which has – among other rights – the exclusive right to use it. Moreover, the Company forbids any third party to register an identical domain name.
Our Company also forbids any User or third party to use – without the Company’s prior consent – exclusive alphanumeric features similar to the ones which form the Company’s Modifiable Field of Domain Name ending .gr (nhmuseum-shop.gr) in order to compose the Modifiable Field of other Domain Name ending .gr of the same level of which the Non Modifiable Field of Domain Name of the Company. The Company also forbids any third party to use – without the Company’s prior consent – exclusive alphanumeric features similar to the ones which form the Modifiable Field of Domain Name ending .gr in order to compose the Modifiable Field of other Domain Name ending .gr of the same level of which the Non Modifiable Field is the same with the Non Modifiable Field of Domain Name of the Company. Recording and direct or indirect, temporary or permanent reproduction of all works contained in this website, by any means and in any form, in whole or in part, as well as making of copies, either permanent or temporary are not allowed. Furthermore, all the following actions associated with said works are prohibited: reproduction by being downloaded and saved in the user’s computer, translation, adaptation, adjustment or other modifications, their distribution to the public in any form by being sold or by other means, lease and public loaning, public execution, broadcasting or re-broadcasting to the public through the radio or television, by electromagnetic waves or wires or other material conductors or by any other means, parallel to the surface of the earth or via satellites, presentation to the public wiredly or wirelessly or by any other means. There is also forbidden any kind of deformation, abridgement or other modification of the aforementioned works, as well as any insult of the creator caused by the conditions of the work’s presentation. Appearance of these works in the Website does not mean any case whatsoever transfer or assignment of permission or right to use them.
Especially, as to the data bases of this website, temporary or permanent reproduction of data bases, by any means and in any form, in whole or in part, translation, adjustment, arrangement or any other modification of data bases, any kind of distribution of data bases or their copies to the public, any disclosure, display, purchase, or presentation of data bases to the public, any reproduction, distribution, disclosure, display or presentation of results of the data bases’ translation, adjustment, arrangement and modification to the public, uploading, storing and exporting databases, downloading, posting on another website, posting on the internet and any other processing and commercial use, are forbidden. The data bases of this website are further protected as a special right held by the data base maker under particular requirements and restrictions of law. There is forbidden any export and/or reuse of the whole or substantial part of the data bases’ content, evaluated either in terms of quality or quantity, either manually or automatically. “Export” means the permanent or temporary transfer of the whole or substantial part of the data bases’ content to another material agent, by any means or in any form. “Reuse” means any form of distribution of the whole or substantial part of the data bases’ content to the public, by distributing copies, leasing, direct broadcasting, or in other forms. There forbidden any repeated and systematic export and/or reuse minor parts of the data bases’ content, provided they entail the performance of actions contrary to the ordinary use of data bases or unjustifiably violate the data base maker’s legal interest. It is further prohibited the automated (eg through web scraping, web harvesting, web data extraction) or manual, collection and storage of information contained in the databases of the Website and in general as its content, the mass / systematic downloading of information by the Website for any use, without the written consent of the Company.Under the applicable law, this website’s content is protected from violation of Industrial Property, which belongs to the Company, without prejudice to the rights of other holders-agents. Any deviation from the restrictions of this term, regarding this website’s Copyright protection, is allowed only upon consent given in writing by our Company or any copyright holder, or upon agreement made between our Company or a copyright holder and another agent or the user. Users are recommended to browse this website’s webpages and use the services it provides lawfully, respecting and abiding by the terms of this website’s use and operation as well as the applicable law, in such a way that it does not violate the Company’s Copyright in the website and its contents.
Making of hyperlinks, except ordinary hyperlinks for reference to the homepage of this website, is allowed only upon consent given by the Company or an agreement made with the Company. The Company’s consent is required for creating further hyperlinks, which refer people to site of this website, beyond the homepage, such as webpages of products in Nhmuseum-shop. Any maker of illegal hyperlinks shall be liable and punished under the provisions of law. All hyperlinks included in this website, in any form, such as hyperlinks in the form of banners, hyperlinks for reference to webpages of collaborating courier companies, and hyperlinks for reference to safe applications of payment by credit / debit cards, as well as frames, fulfill the requirements of law and are inserted upon consent given by owners-holders of reference websites. The infringement of the Company’s or a third party’s Intellectual Property results to the obligation of the responsible User to compensate any damage of the Company or a third party. The Company in case of infringement of its Intellectual Property rights, may ban the User from the Website, delete his account and exercise all its rights provided by law.
ADVERTISING AND COMMERCIAL COMMUNICATION
Our E-shop’s website may include ads of any form, such as banners, text links and frames. The Company respects the provisions of applicable law on consumer protection, and we act with professionalism, following the codes of conduct which bind our Company, having as motivation consumers’ full service through high technology services in a friendly and manageable environment. Having high standards of professional integrity, we abstain from misleading commercial practices. We provide our potential customer with all substantial details about our products, full advice on his/her rights as consumer, and full information about general and private terms of transaction, so that the customer makes a substantiated decision before entering into an agreement with our e-shop.
WITHDRAWAL - CUSTOMER ASSISTANCE - COMPLAINT HANDLING POLICY
CODE OF CONDUCT
The Company in Consumer agreements (B2C) adheres the Consumer Code of Conduct for the E-Commerce (Official Government Gazette Issue B΄ 969 / 22.03.2017 ).
WRITING – EDITING