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Terms of Use

Terms of Use – Design Pergola SA Online Store

Table of Contents

Introduction 

1. General Terms 2

2. Marketable products – Product availability – Features 2

3. Product Order – Conclusion of distance contracts, object, parties, and applicable law 3

4. Placing an order via the online store 4

5. Product Cost 5

6. Payment Methods 5

7. Product Shipping Policy 6

7.1. Shipping Policy 6

7.2. Estimated Delivery Time 6

7.3 Passing of Risk and Product Ownership 7

8. Return Policy, Legitimate Right of Withdrawal or Replacement of Defective Products 8

8.1. Return Policy 8

8.2. Order Cancellation 8

8.2.1. Right of Withdrawal from distance contracts of Law No. 2251/1994 (as amended by the Joint Ministerial Decree No. Ζ1-891/2013) 8

8.2.2. Defective product 11

9. Limitation of Liability 11

10. Dispute Resolution 12

11. Intellectual Property 13

12. Users’ Liability 13

Introduction

By using the website and services offered by www.design-pergola.com, the visitor/user provides his unreserved agreement to the following terms of use, applicable to the entire content of this website. The visitor/user has therefore the obligation to carefully read these terms, before using the services of the website and in case of disagreement, refrain from using them and their content. The visitor/user is kindly requested to check the content of the terms of use for possible amendments. By continuing to use www.design-pergola.com, even after any amendments, the user provides his unreserved agreement to these terms.

The information contained in these terms, the general and specific product information, and details provided on this website do not constitute a sale proposal but aim at informing any interested party.

1. General Terms

The webpage www.design-pergola.com hosts the online shop (e-shop) maintained by the company registered under the name “DESIGN PERGOLA S.A. SOCIETE ANONYME OF DESIGN CONSTRUCTION AND TRADE OF INTERNAL AND EXTERNAL AREA PRODUCTS” and the title “DESIGN PERGOLA SA”, hereinafter referred to as the “Company”. The Company has its registered offices at 192 Kifissias Avenue, P.C.15451, Athens Greece, with VAT No GR 099759297, Athens Tax Office of S.A. Companies, with S.A. company registration No. 46479/01/Β/00/413 and General Commercial Registration No. 3855801000. The Company can be reached through the e-mail address: info@design-pergola.com and the phone line +30 210 6728408 and +30 210 6740243.

This online shop is operated to serve the visitors and users in searching and purchasing products intended for organizing and decorating gardens and external areas of professional or domestic use.

2. Marketable products – Product availability – Features

The products available for sale, their qualities, prices, and available reserve can be found on the website www.design-pergola.com and are accessible to all visitors/users. The users may access more information for each product by clicking on each product’s icon.

The Company ensures that the information provided on the online shop regarding the available products is accurate and complete. If the Customer wishes to request further details on certain products, he may do so by contacting the Company via phone call or e-mail.

The Company undertakes its best efforts to update the information related to product availability and inform timely the customers about possible unavailability.

The order execution is subject to the respective product availability. The product availability that figures on the website during a customer's visit, may differ from the actual one, as a product could be selected for purchase by another customer, before updating the online store’s stock.

The Company reserves the right to decline any order in case of stock unavailability of the requested product. In such case, the Company undertakes to timely inform the Customer and arrange the refund of the payment submitted.

The Company also reserves the right to process and amend the information of any product or to withdraw it from the online store’s website at any time.

The Company reserves the right to reject any order, in exceptional cases and due to increased workload, by timely informing the Customer and ensuring the refund of the payment submitted.

The products offered in this online store can be shipped to Greece [+ other countries or geographical area - e.g. European Union].

 

3. Product Order – Conclusion of distance contracts, object, parties, and applicable law

The orders placed through the online store www.design-pergola.com and accepted by the Company, constitute distance contracts concluded exclusively via Internet, under the legislative framework of Law No. 2251/1994 (as in force today) and its amendments as referred to the P.D. No. 131/2003 (Gazette A 116/16.05.2003) and the Resolution No. 31619 Gazette No. 969/22.3.2017, as well as the adaptation of the Greek legislation to the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, published on the Official Journal of the European Union No. L 304 of 22.11.2011 as in force from 13/06/2014. The use of the online store and the conclusion of the contract are governed by the Greek law.

The contracted parties to this contract are the Company and the visitor or user, hereinafter referred to as Customer of the online store.

The Customer has the right to conclude a valid order through the online store if he is legally capable, in line with the provisions of the Greek Civil Code (if he has completed the age of eighteen years old and is not subject to legal guardianship in relation to the conclusion of purchase contracts). The orders may also be performed by legal representatives of legal persons. Design Pergola S.A. reserves the right to claim the return of any orders submitted by persons with legal incapacity, by their guardians.

Every contracted concluded between the Company and the Customers through the online store shall be governed by the present terms and conditions. Every Customer who browses and uses the services of the online store or submits an order, is considered to provide his consent and unreserved acceptance of the terms set hereby, without any exception.

 

4. Placing an order via the online store

To place an order through the online store www.design-pergola.com the user shall:

Fill out the special form with the details required for the conclusion of the purchase contract.

Accept unconditionally the terms of the purchase contract and the terms of use.

Onwards, the Company shall approve the order by sending an order confirmation e-mail. The order confirmation sent by the Company, mentions explicitly the Customer’s contact details, the shipping details, the order number, the total cost, and the payment method.

The Customer assumes the responsibility to properly fill out his details, as requested during the order placement. The Customer is requested to confirm that the entire order information is correct, as detailed at the final stage; and confirm that his own information and shipping information is accurate and correct, before placing the order and its payment. Nevertheless, in case the Customer identifies any errors or inaccuracies in the order confirmation received, he shall timely notify the Company, for it to perform the necessary corrections to ensure the proper order execution and delivery.

The Company is not liable for the Customer’s possible negligence in verifying the correctness of his information.

5. Product Cost

The final purchase cost calculated in the final stage before the product payment, includes the V.A.T. (Value Added Tax) percentage applicable in Greece, as a place of delivery, and the shipping cost calculated in accordance with the Company’s Shipping Policy (Article 7).

The online store may grant offers and discounts, from time to time, for all or part of the products available for sale. Any offers or discounts apply for the period explicitly stated in the online store and for specific products which are clearly indicated. In such cases, the final purchase cost is determined following the calculation of any offer or discount applicable and includes, in addition, the relevant taxes (V.A.T.) and the order shipping cost that may apply.

 

6. Payment Methods

To facilitate and serve the visitors that wish to purchase goods from our online store, www.design-pergola.com offers the following payment methods:

Payment via debit, credit, or prepaid card (Visa, Master Card, Maestro, American Express) through the Alpha Bank e-Commerce service. The card is charged on the day that the product shipping process. The online store Design-Pergola.com has taken all the necessary measures to ensure that your debit, credit or prepaid card transactions take place securely and that all cardholders are subject to validity verifications.

In case that your credit card is not approved by your bank, the Company reserves the right to cancel your order.

Payment via the electronic payments’ platform “Paypal”

Cash on delivery.

Bank transfer to Piraeus Bank account.

To submit a payment via bank transfer, the Customer is requested to use the following details:

Cooperating Bank: Piraeus Bank 

IBAN : GR65 0171 7370 0067 3714 3082 266 

BIC/SWIFT: PIRBGRAA

Account Holder: DESIGN PERGOLA S.A. 

In case of payment via bank transfer, the order confirmation will be sent after the Company receives the amount, as verified by the Bank. Usually, the payment confirmation could be pending for up to 2 working days.
 

7. Product Shipping Policy

7.1. Shipping Policy

Shipment and delivery of orders is processed with the assistance of courier services to the postal address provided by the Customer during the order placement.

The Customer may select the option to receive his order from the store. In such case, the Company shall contact the Customer to arrange the days and times available for receipt.

The shipping cost is calculated as follows:

For deliveries within Attica, the shipment is performed by DHL Courier:

For small parcels (if the weight of the order does not exceed 5kg) the shipping cost is 8 euros. 

For large parcels (if the weight of the order does not exceed 5kg). the shipping cost is 20 euros. 

For orders of value above 500 euros, the shipment is free of charge.

For deliveries outside Attica, the Company delivers the orders to the courier agency indicated by the Customer, free of charge for orders of value above 1.000 euros. 

For shipments outside Greece, a 3% charge of the total order value applies.  
 

7.2. Estimated Delivery Time

For products available on the online store, the following conditions apply:

Delivery of small parcels by DHL Courier, within Atticaς: 4-10 working days.

Delivery of large parcels by DHL Courier within Attica: 7-15 working days.

Delivery by a courier agency of the Customer’s choice (outside Attica): 4-7 working days for delivery to the agency’s offices in Athens.

Onwards, the Customer shall contact the courier agency to arrange the final delivery time.

Moreover, in case the order includes a product available on request to a supplier of the Company, the time required for shipment to the Company's warehouse, is added to the estimated delivery time. The Customer's order will be prepared for dispatch once all products are available in the Company's warehouse.

The Company notifies the Customer each time of the estimated delivery time of the product ordered, depending on the circumstances. In any case, the Company is bound to deliver the product ordered within 30 days from the order confirmation. Nevertheless, the Company reserves the right to inform the Customer on events that render the product unavailable or indicate a new delivery time if there are reasons to delay the delivery. In such case, if the transaction is deemed unprofitable for the Customer, he reserves the right to unilaterally cancel the order by sending a written declaration (via e-mail to info@design-pergola.com). In case of order cancelation and contract termination, the Company is bound to refund, without undue delay, the amount paid by the Customer.

 

7.3 Passing of Risk and Product Ownership

The liability for the products is transferred to the Customer once he, or any third party acting on his behalf, other than the person entrusted with the transfer, has acquired the physical possession or control over the products.

The product ownership is transferred to the Customer, either once the full payment due in relation to the products, is received by the Company, including the shipping costs, or upon the product delivery, in case this occurs after the payment receipt.

 

8. Return Policy, Legitimate Right of Withdrawal or Replacement of Defective Products
 

8.1. Return Policy

The terms and conditions described in this Policy apply to all the products purchased from the online store of DESIGN PERGOLA S.A. in Greece, via the Internet, through the website www.design-pergola.com.
 

8.2. Order Cancellation

The online store offers the possibility of order cancellation.

To cancel his order, the Customer may send an e-mail to the address: info@design-pergola.com, or reach the Company’s call center by calling (+30) 210-6728408.

In case the Customer has already submitted the payment and the order is not yet transferred to the courier agency, the Company shall promptly return the corresponding amount, using the same method of the payment transaction (credit card, bank transfer, Pay Pal).

Upon product receipt, the Customer reserves the right to:

 

8.2.1. Right of Withdrawal from distance contracts of Law No. 2251/1994 (as amended by the Joint Ministerial Decree No. Ζ1-891/2013)

The Customer may easily arrange the return of the products purchased from the online store, simply on the ground of having changed his mind, within fourteen (14) from their receipt.

Deadline:

The right of withdrawal from the contract may be exercised by the Customer even without motive, within 14 calendar days from the day that the products were received (proof of physical holdership), or from the day that the final product (in case of several products ordered by the Customer with one single order but delivered separately) of the final product (proof of physical holdership) or from the day that the last batch or item (in case of a product comprising from several batches or items) was received (proof of physical holdership).

The Company reserves the right to decline the return of goods and their replacement in case that the right of withdrawal is not exercised within the deadline of 14 calendar days from the day that the products were received or in case that certain of the return conditions are not met.

Exercising the Right of Withdrawal:

If you wish to exercise your right to withdraw, you may inform Design Pergola:

By sending a postal letter to the address: 192 Kifissias Avenue, P.C. 15451, Athens, Attica, Greece, to the Attention of Malaxianaki Tonia.

Or by sending an e-mail to info@design-pergola.com , or by using the special withdrawal form that you can find here, which may be filled out and sent electronically to info@design-pergola.com. Design Pergola ensures to notify you without delay by confirming the receipt.

To exercise your right to withdraw timely, it is sufficient to communicate the relevant written request before the expiration of the withdrawal period.

Products’ Return:

The Customer may return a product using a courier agency of his choice and by bearing the delivery costs.

Τhe products that you return must not be used and must be in the condition they were once received, complete, and without damages, their packaging should be the one that normally accompanies them, together with all the accompanying documents provided upon delivery (invoice, receipt e.t.c.). Any protective strips adjusted to the product should not be removed unless this is strictly necessary for trying the product.

Withdrawal and Payment refund:

The Company shall refund any payment received by the Customer without undue delay and within 14 calendar days from the day that the Company was informed of the Customer’s decision to withdraw from the contract.

The Company handles the payment refund, by using the same means as those used by the Customer during the initial transaction, unless Design Pergola and the Customer have explicitly agreed otherwise, provided that this will not incur any costs arising from the payment refund. In case of a bank deposit, the Customer has to indicate the account to which he wishes the deposit refund to be performed. To process the refund, a purchase receipt is required. In case that a purchase invoice has been issued, a delivery note is required for the return. If the payment has been submitted via debit, credit, or prepaid card or via Paypal, the transaction is canceled and the debit, credit or prepaid card or Paypal account is credited with the refund amount.

Design Pergola reserves the right to withhold the refund until the returned product is received.

Apart from special circumstances, in the case of product return, the Customer bears only the direct cost of the return.

Exceptions to the right of withdrawal:

The Customer may not withdraw from the contract in the following cases:

If the price of goods and services supplied depends on fluctuations of the financial market, which cannot be controlled by Design Pergola and which may occur during the withdrawal period.

If the goods supplied are manufactured according to specifications indicated by the consumer or according to clearly personalized specifications.

If the goods supplied may be damaged or expire soon.

If the goods supplied are sealed and, based on grounds relating to the protection of health or hygiene, they are not suitable for return if unsealed upon delivery.

If the goods supplied, due to their nature, are inextricably mixed with other elements after their delivery.

If this concerns contracts based on which, the Customer has specifically requested a visit from Design Pergola to carry out repairs or maintenance work.
 

Right of Withdrawal in cases of a good that has been used to a greater extent than necessary in order to determine the nature, characteristics, and function of the product in question:

If the Customer handles or uses the product to a degree that exceeds what is necessary to determine its nature, characteristics, and functions, he is considered responsible for any reduction of the product’s value. If the Customer exercises the right to withdraw, the provisions of article 8.2.1 apply, with the exception that the Company shall reduce the refund amount according to the reduction of the product’s value.

 

8.2.2. Defective product

Defective Products - Products with lack of a contracted quality

In all cases where it is proven that:

a) the products are faulty or of poor quality/function

and/or

b) the products lack the properties agreed.

The Customer has the right to request:

Replacement of the product, or

To withdraw from the contract and return the product, requesting the payment refund, pursuant to the provisions mentioned above regarding the right of withdrawal. The return shipping costs are borne by the Company.

In any case, the provisions of the Civil Code and the specific provisions on the protection of consumers apply.

The product to be replaced or returned should be sent along with the accompanying documents provided upon delivery (e.g. invoice, receipt, etc.), be in the same condition as when received by the Customer, and its packaging should be the one that normally accompanies the product.
 

9. Limitation of Liability

The Company is not responsible for any negligence the Customer may demonstrate in terms of verifying the accuracy of his details when registering his order.

The Company shall use its best endeavors to ensure the proper and diligent operation of the online store. However, the Company is not responsible, nor liable for erroneous information or data registered on the online store’s website inadvertently or without a fault of its own.

The Company, in performing its transactions through the online store, is not liable for further losses that may occur from the execution or non-execution of the orders placed or from delays in the execution, on any ground. The online store provides the content (e.g. information, names, photos, illustrations), products, and services available through the website "exactly as they are".

The Company may not be held liable for the inability to execute orders nor for delays in the execution of orders which are due to events of force majeure, or events due to malfunctions or Internet unavailability.

The Company may not be held liable for the content, information, guarantees or representations of third-party websites, whose hyperlinks may be listed on the online store’s website. These hyperlinks direct the user to leave the Company’s website. These websites are not managed by the Company and thus the Company bears no responsibility for the contents of any of the related websites or of any hyperlinks contained in those websites, nor for any changes or updates made to such websites. The Company is not responsible for network emissions or for any form of transmissions received from any linked website. The Company provides these hyperlinks solely for the user’s convenience and the inclusion of any hyperlink does not imply the Company’s approval.

Under no circumstances may the Company be held liable on civil or criminal matters, for any damage (which indicatively and not restrictively, separately and/or cumulatively consists in the loss of profits, data, lost profits, compensation of non-material damage, etc.) that a visitor of the online store or a third party may experience due to a reason related to the operation or non-operation, the use of the website or the inability to provide services, products or information available by himself, or by any unauthorized third party’s interventions in products, services or information available through the website.

10. Dispute Resolution

The use of the online store and the conclusion of the contract are governed by Greek law. The applicable legal provisions regulate the issues which are not addressed by the contractual provisions and the terms of the contract.

Any dispute that may arise between the Company and the Customer, in relation to the interpretation and execution of the terms of this contract, may in principle be resolved out-of-court, having recourse to the Amicable Settlement Committees or the Consumer Ombudsman. The Courts of Athens are the designated competent courts to resolve any disputes that may arise between the parties. You can access more information regarding all alternative consumer dispute resolution methods here.

In addition, according to the Directive 2013/11/ EC, incorporated into Greek legislation with the Joint Ministerial Decree No. 70330/2015 and Resolution No. 31619 Government Gazette No. 969/22.3.2017 (article 8), the possibility is provided to opt for the electronic settlement of consumer disputes (ADR) with the Alternative Dispute Resolution process throughout the European Union. In case the Customer faces an implication in relation to a purchase made from the Online Store and the Customer resides in the EU, he may use this platform to resolve his disputes. You can access the platform via the link: https://webgate.ec.europa.eu/odr.

11. Intellectual Property

The entire content of the online store, including the brands, trademarks, images, graphic designs, photographs, drawings, texts, etc. are considered to be part of the Company’s intellectual property and are therefore protected by the relevant provisions of Greek law, European law and international conventions.

It is prohibited to copy, transfer or create a derivative work by any means, based on this content or mislead the public on the identity of the online store’s actual provider. The reproduction, republishing, uploading, announcement, dissemination, transmission, or any other use of the content, by any means, for commercial or other purposes, is permitted only with the prior written approval of DESIGN PERGOLA SA or any other intellectual property right holder.

The names, images, logos, and distinctive features representing the online store under the trademark DESIGN PERGOLA, or third parties and their products or services, are exclusive trademarks of the Company, or of the third parties and are protected by the applicable trademark laws. Their display on the website should under no circumstance be considered as transferring or granting license or right of use.

12. Users’ Liability

The users agree and undertake the responsibility not to use the online store www.design-pergola.com for any action that constitutes a violation of the applicable law or harassment of third parties by any means.

In particular, the users agree and undertake the responsibility not to use the online store’s website for publishing, sending e-mails or transmitting by any means, any content that is illegal, for any reason, and causes unlawful insult and harm to the Company or to any third party, infringes the confidentiality of information or personal data of other users or any person, infringes the morals and social values, constitutes harassment of third parties by any means, contains software viruses or any other codes, files or programs designed to interrupt, cause damage or destroy the operational equipment of any computer software or hardware.

It is not permitted to the users to inappropriately use this website by knowingly transmitting viruses, trojan horses, worms, ransomware, and any other malware of any kind that may cause damage of technological nature. The users shall not attempt to gain unauthorized access to this website and its server, or to any other server, computer and database linked to this website. In addition, the users of the website are expressly prohibited from attacking or attempting to attack the website through the means of a denial-of-service attack or a distributed denial-of-service attack.

The violation of the above-mentioned obligations possibly implies an infringement of the applicable law (criminal, civil, or related to cybercrime and information security law, etc.). The Company will report to the competent law enforcement and judicial, or other authorities, any incident which in its view, constitutes a violation of the legislation and will cooperate with them in order to reveal the identity of the perpetrators and impose the sanctions foreseen. Evidently, in the event of an infringement, the access and use of this website will be terminated immediately.

The Company is not liable for any loss or any damage that could be possibly caused by a denial of service attack, viruses, or other malicious software and hardware, which may infect the users' computers or any other device used for navigating to the website, and in general, the technological equipment used and the personal or business data, etc., as a result of using the website and the material contained in it, or similar material of another website to which this website refers.

Respectively, the Company reserves the right to seek full compensation for any damage suffered due to the illegal or unconventional use of this website by any user.