TERMS AND CONDITIONS OF USE
GENERAL BUSINESS CONDITIONS
1. GENERAL, CUSTOMERS, LANGUAGE
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a “Customer”) through our online shop www.fly-cosmetics.com (the “Internet Shop”) shall be governed by these general terms and conditions of sale (the “General Terms and Conditions”).
(2) The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a “Consumer” is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity , and (ii) a “Business Customer” is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (3) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the Customer shall be made exclusively in the language of the website the Customer made the order on. Therefore the general terms and conditions in said language apply.
2. CONCLUSION OF CONTRACT
(1) Our offerings published in the Internet Shop are non-binding.
(2) By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
3. PRICES AND PAYMENT
(1) Our prices include VAT19% ( Cypriot vat). Any costs that occur due to the method of payment chosen by the customer – especially all bank fees or paypall fees and charges -, customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form), in each case upon receipt of an Order confirmation (which may be sent by e-mail and included in our notice of acceptance).
(3) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
4. DISPATCH OF THE PRODUCT
(1) We shall dispatch the product prior to or on the date of dispatch (i. e. the date on which the product is handed over by us to the carrier), as set out on the offer page when the Customer places the order; provided, however, that any such date of dispatch shall be only approximate and may therefore be exceeded by up to two business days. If no date of dispatch is indicated, we shall dispatch the product at the latest within five business days for products specified as “in stock” (subject to a prior sale permitted pursuant to subsection 2 below) and within three weeks for any other products. Any such time period relevant to determine the date of dispatch shall begin upon receipt of the full purchase price (including VAT and shipping costs) by us.
(2) In the event that the product is no longer available, or cannot be timely delivered, for any reason we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Setion 9 of these General Terms and Conditions.
5. SHIPMENT, INSURANCE AND PASSING OF RISK
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier, and any transit times specified in the Internet Store shall only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
6. RETENTION OF TITLE
We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us by written notice (ie. “text form”, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs. For damage caused by improper use of our products we take no responsibility.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
(1) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(2) The provisions of this Section 8 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Cypriot Civil Code), personal injury or under the Cypriot Product Liability Act.
9. DATA PROTECTION
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(3) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 10.
10. APPLICABLE LAW AND COMPETENT COURTS
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Cypriot state under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business or if the Customer is a legal entity or special fund organized under public law, the courts in Greece shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In those cases the place of jurisdiction is Kilkis , Greece. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.