The following terms constitute the Standard Terms of an Online Product Sales Contract (hereinafter “Contract”) between:
- the sole proprietorship of Athanasia Samara of Dimitriou with the distinctive title “ KG GUITARS ”, TIN. 038025558, located in Thessaloniki, on Dim. Gounari Street 38 (hereinafter referred as “Company”) and
- anyone that stipulates – accepts these Conditions, by ordering, online, any of the Company’s products that are for sale (hereinafter referred as “Consumer”) .
Anyone who disagrees with any of the following terms, please refrain from accepting them.
Introduction – Framework
- The Contract constitutes a distance commercial contract and it is governed by the National and European Consumer Law.
- In addition, the Company applies the Consumer Code of Conduct for Electronic Commerce (Government Gazette 969B/22.03.17), which you can download here.
Activation of the Contract
- The Contract is valid when the Consumer, cumulatively, i) accepts these Terms (by “clicking” on the corresponding icon) and ii) completes the online order (hereinafter “Order”), by following the process of the next Term.
- In this case, the Contract with all the details of the Order will be available to the Consumer, in a digitally saveable and printable version, for archiving and any further overview.
- The Consumer agrees under this Contract to withhold the ownership of the purchased Product from the Company, until, without exercising the Right of Unjustified Consumer Withdrawal, the relevant deadline expires.
Procedure and Order Form
- The Consumer declares his interest for the Purchase/Order of a Product, (by “clicking” on the corresponding icon).
(The minimum cost of the Order, so that it is registered in the system, is 30 euros. Orders that fall short of this amount are automatically canceled.)
- Fills in the Order Form and submits it to the Company (by “clicking” on the corresponding icon), as “Pending”.
- Within two working days, at most, which are required for the Company to check the availability of the Product, the Consumer receives a message (email), which contains the link of the Pending Order Form, with the addition of the availability status and the estimated Delivery Time.
- After the Consumer reviews the complete Order Form, he completes the Order (by “clicking” on the corresponding icon).
By pressing the relevant option, a unique number is assigned to the Order, through which it is digitally accessible by the Consumer and the Company.
The Order is completed by the Consumer (by “clicking” on the corresponding icon) only if, previously, all of the following information in the relevant form have been identified:
- Item for Sale (Product).The Company has for sale all the items that, at any time, appear available, on its website, https://kg-guitars.gr(hereinafter “Products”). The Products of the Contract are selected by the Consumer (by “clicking” on the corresponding icon).
- Total Purchase Cost. After the Consumer chooses the product, he/she is updated for the Total Purchase Cost, which includes the purchase price (including VAT), shipping costs and any other necessary expenses, including, indicatively, insurance costs of the Product for sale and packaging costs.
- Delivery time. Delivery time is determined by the automated System of the Company, with the fastest possible delivery as the top criterion. Every product is delivered by the Company to the Courier Company (Geniki Taxydromiki) for shipments within Greece, or to the TNT/Fedex courier for international shipments, within seven (7) working days of the Order Checkout at most. The accuracy of compliance with the Delivery Time is subject to the smooth and unhindered shipping of the Product by the Courier Company.
- Place of Delivery. The Consumer selects the place, where the Product will be delivered, adding the details of this place, in the relevant digital form.
- Recipient. The Consumer chooses the person who will receive the Product, adding the identity of this person in the relevant digital form. The identification of this person is crucial, as he/she will be the first in contact with the Product.
- Payment Method. The Consumer chooses one of the available payment methods, by filling in the relevant digital form.
The available Payment Methods are:
- Cash on delivery
- Via deposit in the following bank account:
National Bank of Greece (ETHNIKI TRAPEZA)
ACCOUNT NUMBER 224/403104-01
IBAN GR15 0110 2240 0000 2244 0310 401
BANK SWIFT CODE-BIC ETHNGRAA
BENEFICIARY: SAMARA ATHANASIA
- Credit or Debit Card (Visa, Mastercard)
- Via Paypal
Right of Unjustified Consumer Withdrawal
- In general
- The Consumer has, in particular, the right to withdraw from the Contract without invoking any reason (hereinafter “Right of Withdrawal”).
- The Right of Withdrawal does not apply in cases of Products, marked “Non-Returnable” (please, see below, under Term 3 par. D1).
Conditions of Legal Exercise of the Right of Withdrawal
- The Right of Withdrawal is exercised within the exclusive deadline of fourteen (14) calendar days of receipt of the Product by the Consumer or the person indicated by the latter, in the Order.
- The Right is exercised by completing a relevant form within the Company’s website or by sending an email to the Company’s email address email@example.com.
- After the timely exercise of the Right of Withdrawal, the Company sends to the Consumer a confirmation of receipt of his withdrawal.
After the valid exercise of the Right of Withdrawal, the Contract is terminated, with the following consequences:
- The Consumer has to, within an exclusive deadline of fourteen (14) calendar days of exercising the right of withdrawal, send the Product to the Company and he/she is burdened with the total cost required to return the Product.
- The Company has to, within an exclusive deadline of fourteen (14) calendar days of receipt of the Product and the technical inspection on its condition and functionality, return to the Consumer the legally withheld, until that time, transaction price, deducting any amount of devaluation, which (may be) determined by the Company, upon receipt of the Product and is clearly not due to any fault of the Company (“DEPRECIATION COST”).
Categories of Product Return
The Company’s Products, depending on whether and under what conditions they can be returned, can be categorized into three (3) categories:
- The Right of Withdrawal does not apply, according to the Law, in certain circumstances, from which, indicatively mentioned are the instances, where Products are built to the Consumer’s specifications, as well as the instances, where Products being received and returned alone make it impossible for any technical inspection to detect any damage, and at the same time their unsealing makes a new selling impossible.
- “Non-Returnable” are the products of the Company as in the following categories:
- Instrument Spare Parts (Amplifier Tubes, etc.)
- Wind instruments
- Music Magazines / Books
“Returnable, with the Possibility of Depreciation”
- When returning any of these Products, if, during the Company’s technical inspection, it is ascertained that, before the return made by the Customer or a third party, any use of the Product took place, which caused, in any way and to any degree, the depreciation of the Product / degradation of its utility and/or aesthetic value and therefore reduction of its sale or resale value, the Company reserves the right to withhold from the refundable price, an amount equal to that degradation / reduction.
- “Returnable, with Possible Depreciation” are the Company’s Products in the following Categories:
- Stringed musical instruments
- B-Stock Products. The category “B-Stock” / “Yard Sale” includes showcase products, out of production, new old stock, used or B-Stock. These are products with some imperfections in their external condition (indicatively cuts, marks, etc.), which do not affect the quality of their functionality. These imperfections are fully known to the Company and the Consumer, before its purchase, as they are fully reflected in the photos that accompany each B-Stock product.
“Returnable, with Depreciation”
- The shipping of any of these Products to the Consumer and their return to the Company alone, cause the depreciation of the Product / degradation of its utility and/oraesthetic value and therefore the reduction of its sale or resale value. Therefore, the Company reserves the right to withhold from the refundable price, an amount equal to such degradation / reduction, of which the minimum is estimated -on advance- according to the technical criteria of the Music Products Industry, as below:
- “Returnable, with Depreciation” are the Company’s Products in the following Categories:
- Speakers. Minimum Depreciation Cost: 30% of their purchase value.
- In the above Return Categories, 2 & 3, the Company, immediately after the returned Product’s functionality technical inspection, informs via email the Consumer about the exact Cost of the Unjustified Consumer Withdrawal
(Cost of Unjustified Consumer Withdrawal= the cost that burdens the Consumer for the full return of the Product to the Company, after exercising of the Right of Withdrawal for any reason, not related to a material defect or lack of agreed quality of the Product, which includes the exact Depreciation Cost, according to Term 3C2)
and provides him with the ability of choosing to be credited for a new purchase, instead of returning the (remaining) Price.
Guarantee of Quality and Company Liability
- The Company guarantees that the Products meet all their necessary specifications and the purpose of their manufacture, in the context of their diligent use and management.
- The Company is obliged towards the Consumer, in accordance with Articles 534 et seq. of the Greek Civil Code, to replace any product, which has a proven material defect or lack of agreed quality.
- In any case, the Company grants to the Consumer the Supplier’s / the Product’s manufacturing company guarantee.
- The Company, of course, is not responsible for any Delivery delay, which will be direct or indirect the result of the Shipping delay, provided that the Company has complied with the obligation to deliver the Product to the Courier Company within the deadline specified in Term 2B3.
Protection of Intellectual Property
- The Logos, Trademarks, Photographs and every kind of Intellectual Property Rights contained in the website, https://kg-guitars.gr belong to the Company and to its Suppliers and are protected by Greek, European and International Intellectual Property Regulations.
- The Consumer will refrain from the use of these Rights of any nature, without the consent of the respective beneficiary.
Transaction Security – Personal Data Protection
- The Company requests and receives Personal Data (hereinafter “Data”), which are absolutely necessary for the conduct of any commercial transaction, including the completion of the process of Unjustified Consumer Withdrawal.
- The Data does not include those that the Law considers “sensitive”, that is the data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, association, union and trade union membership, health, social welfare as well as those related to criminal prosecutions or convictions. The Company expressly states that it does not wish to receive sensitive data and does not bear any responsibility for any leakage of any of them, in the context of an online transaction or on the occasion of such.
- The Company surrounds Data with maximum technical protection within Greek and International regulations.
- The Data can be used by the Company for its development and the improvement of the quality of its Products, with the ultimate goal of maximizing the benefit and the satisfaction of its Customers. This use includes, by all means, legal product promotions.
- The Data collected by the Company for the purpose of transactions with Consumers are not disclosed or transmitted to third parties, without the prior information or consent of the person concerned. However, the Company may be obliged, within the framework of the current Legislation and on the basis of enforceable titles or state orders, to disclose Data to competent national and supranational administrative Authorities (Prosecutors, Prosecution Services, etc.).
- The Consumer is entitled to immediate access to information on issues regarding his Data, to object, in writing, to their use in future promotions of the Company, to request and confirm, in writing, their partial or total deletion from the Company’s files, to request, in writing, the rectification of his Data or to have incomplete data completed, to be informed of the time and manner of the original acquisition of his Data from the Company, and to be informed on the applied protection methods of his Data.
- From the time of each written statement of the Consumer, according to the previous paragraph, the Company will comply with it in the fastest, technically feasible, time.
The Consumer is obliged and committed, in particular, to the following:
- To have reached the age of eighteen (18) years, before any transaction with the Company.
- To state true facts.
- To not receive the Product, if he ascertains that its packaging is, in any way, worn.
- To inform immediately and in writing the Company for any problem concerning the Product, its receipt or its return, after exercising the Right of Withdrawal.
Ε. To receive the Product and, at least within the Deadline of the Right of Withdrawal, to use the Product with the utmost diligence, taking care not to reduce its value, even through the negligence of the same or another person.
Amicable Resolution – Jurisdiction
- The Company and the Consumer are bound to make every effort for the amicable resolution of any dispute.
- In case of failure to reach an amicable resolution, the Courts, where the Company has its statutory seat, are competent.
- Online Alternative Resolution of Consumer Disputes
The Consumer is provided with the option of making use of the European Union’s online alternative resolution of consumer disputes platform (ODR platform), at the following link:
in accordance to the provisions EU Regulation 524/2013, through which consumers can submit their complaint and then forward it to the relevant ADR entity.
Please feel free to contact us if you need any clarification on the above terms, at the following:
Company: KG GUITARS
Tel .: + 30 2310 636 283 – +30 2310 271 272
Post Address: Dim. Gounari Street 38 (Navarino Square), Thessaloniki