TERMS & CONDITIONS
TERMS OF USE AND CONDITIONS OF SALE
Ι. INTRODUCTION
The website www.liuba.style (hereinafter “Website”) is an online commercial store for the sale of products through the internet (hereinafter “online store”) belonging to the individual enterprise of ms “Grudina Koutrouli Liubov Boris” functioning under the business name “LIUBA – Womenswear” (hereinafter the “store” or “we”), based in Aggelou Metaxa Str. no.11, PC 16675, Glyfada, Greece, registered under no. 174769401000 in the Greek business registry.
Tax Registration No: 154288595 Tax Office: Glyfada . Contact Telephone number: +30 2108986443
E-mail: contact@liuba.style
The following terms and conditions apply to the use of the online Store located at the website www.liuba.style
Each user, who enters or uses this website (hereinafter “client” or “user”) shall thoroughly read these Terms of use and conditions of sale, as well as the website’s Cookies Policy and Privacy Policy, since by using this website the user signifies that he has read the abovementioned terms and that he agrees to be bound by them.
If a client/user does not agree with these terms, he is obliged to refrain himself from using the online Store and/or making any transactions with it.
The Store withholds the right to change or amend these terms at any time. For that reason, we encourage the client to thoroughly read these terms every time that s/he uses this website and its services. The effective date/publication date of the currently applicable version of these terms is located in the last chapter of these terms.
ΙΙ. TERMS OF USE OF THE WEBSITE
1. User Eligibility
This website is available to both legal entities and physical persons/private individuals who are older than 15 years of age and are legally eligible to be parties to a contract within the applicable legal framework. If you do not meet the above requirements, you must not use our website.
The Store reserves the right to request the return of any orders placed by persons who are not legally eligible to complete such transactions, from the legal guardians of any such persons.
2. Changes to the Terms of Use
The Store reserves the right to change or update these terms of use at any time. If you continue using this website after any such change to these terms, you signify the acceptance of the changes. Any element or function of this website may be subject to change, alteration, deletion or updating without prior notice, under the Store’s complete discretion.
3. Protection of your Personal Data
The Store respects your privacy and the applicable data protection legislation. Our website’s Privacy Policy provides you with all the relevant information about the processing of your personal data which are collected or provided by you during your browsing of the website. You may access the contents of our Privacy Policy by clicking on the following link: https://liuba.style/privacy-policy
4. Intellectual Property-Prohibition of Use-Granting of Licenses
All of this website’s content, including, without restriction, all texts, news, logos, trademarks, distinctive marks and traits, photos, schematics, pictures, services, and any other files or documents are protected by intellectual property rights as defined under applicable National, International, and EU legislation governing the protection of intellectual property. The abovementioned rights belong to the Store or to third party right holders, who have granted the Store with licenses to use the intellectual property.
Therefore, any reproduction, publication, copying, storing, selling, broadcasting, distribution, publication, receiving, translation or any other alteration of any part or element of the Website is strictly prohibited without the prior explicit written approval of the Store or the third-party holders of the intellectual property rights.
Exceptionally, specific parts of this website’s content may be saved or copied to a user’s personal computer exclusively for personal use and to the extent that no commercial use of the saved content is intended or takes place. If you wish to copy content of this website to other websites, you must receive the Store’s authorization to do so and you must clearly mention this website as the source of the content. The granting of the abovementioned authorization to copy part of the content does not and cannot constitute, under any circumstances, a transfer of any intellectual property rights to you.
5. Restrictions to the Use of the Website
On top of any additional specific restrictions, set out within these terms, you agree to comply with the following:
a) You will not withhold or refrain from referencing the source of any content broadcasted or derived from this Website.
b) You will not provide or spread fake or misleading information through this website.
c) You will not connect to this website, and you will not use the service, information, content, applications etc. provided through this website in a manner which is not in line or is prohibited either by the Store/these terms or by applicable law.
d) You will not input/upload to this website any elements containing malware (i.e. Trojan horses, worms, time bombs) or other similar programming routines and/or software which aim to damage, interfere, intercept or leak data, or overtake any system or part of this website or take any actions which aims in general in breaching/violating the security of this website, or the personal data and intellectual property rights contained within it.
6. Connections to other Websites
This website may include connections to third party websites or content (Connected locations).
These connected locations are provided to you exclusively for your own convenience and they do not constitute locations/websites the content of which is approved or controlled by the Store. The Store does not provide any promise or guarantee related to the accuracy, quality or the effectiveness of any content, software, service, or app located in any of the connected locations.
The Store is not responsible for the availability of the connected locations and the content and activities of the connected services. If you chose to enter a connected location, the risk and responsibility of that choice lies exclusively with you.
Additionally, the use of connected locations is subject to the applicable policies and terms and conditions, including the privacy policies, of the connected locations. As such, we recommend that you get informed about the applicable terms and policies of the connected locations before you use them or browse in them.
7.Termination-Suspension of your access to the Website
You accept that the Store has the right, within its complete discretion, to terminate or suspend your right to access or use this website, its contents and/or the rest of the information contained within it, at any time and for any reason or without any reason, even if access to the website is still provided to other users.
If your use of the website is suspended or terminated, you are under an obligation: (a) to immediately stop using this website and its services, and (b) to immediately destroy any copy of any part of the website’s content that you have created.
Any access to the website, and its content and services after the abovementioned termination or suspension constitutes an illegal act. Additionally, you agree that the Store does not bear any liability or responsibility, towards you or any other third party, deriving from the termination or suspension of your access to the website.
8. Limitation of Liability
The Store takes all precaution and makes all efforts to ensure that all information contained in the website is accurate, clear, updated, complete, correct, and available.
However, the Store cannot be held liable under no circumstances, including cases of slight negligence, for any damage inferred by the users exclusively due to their use of the Website.
The Store remains liable if damage is caused by an intentional or grossly negligent breach of the Store’s duties and obligations.
9. Website’s users’ Obligations
All users of the website www.liuba.style are obligated to comply with all applicable provisions under Greek, European and International Law, especially taking into consideration the legal frameworks governing telecommunications and the use of this website and the internet in general.
The user will be liable for any kind of damage sustained by the website due to the user’s own illegal and inappropriate actions or any actions which may constitute a breach of contract, during his/her browsing of the website.
If any claim or lawsuit, either civil or criminal in nature, or other administrative or judicial procedure is initiated against the Store due to the user’s actions during his/her browsing/use of the website, the user is under an obligation to both intervene in the relevant procedure on behalf of the Store and compensate the Store when the Store is forced to incur damages or fines due to the user’s actions.
ΙΙΙ. CONDITIONS OF SALE
Procedure for the placement of orders and formation of the sale agreement
The sale agreement between the Store and the Client of the online store is concluded as per the following terms and conditions.
1.1. Order submission
After the client chooses the product/products s/he wishes to purchase, by placing them in his/her shopping cart, s/he submits his/her order by choosing the corresponding icon labeled “Proceed to Purchase/Quick Checkout”. The submission of an order constitutes an offer, from the Client to the Store, for the purchase of products.
Before submitting an order, the Client shall “tick” the “checkbox” labeled “I have read and agree to the Terms & Conditions and the Privacy Policy”, thus declaring explicitly that, before submitting an order, s/he was informed thoroughly and sufficiently about the content of these terms and about the following information:
The main characteristics of the ordered product/s, which are presented through the various product pages of our online store. The Client shall review all of the presented characteristics before submitting an order, so that s/he retains no doubts about the characteristics of the product before placing an order for it.
The identity, the address, the telephone number, and the E-mail address of the Store and, where applicable, the details of the supplier of the product.
The total price of the ordered products, including applicable Value Added Tax (V.A.T), other applicable taxes, as well as the applicable delivery fees and any other applicable cost or fee related to the product. Then such fees or costs cannot be reasonably calculated up front, the Client is informed, during the conclusion of the order submission process, about the fact that such additional fees or expenses may need to be covered by the Client. The product prices, as listed on our online store, are always final (include the corresponding VAT).
If the Client, during the submission of his/her order, makes a mistake related to the information of the order (i.e. if s/he chooses a product that s/he does not wish to order, if s/he makes an error during the input of his/her contact details etc.), s/he can return to the previous page by clicking on the corresponding icon labeled “return” in his/her internet browser and s/he may rectify any mistakes there. If the Client discovers his/her mistake after the submission of the order, the Client is under an obligation to immediately inform the Store about it through the official communication channels of the Store.
Order Confirmation
The order is considered received by our Store when the Client receives the corresponding order status communication (titled “We have received your order”). Any updates related to the status of a submitted order, such as the fact that the Store received an order and it will process it, will be either presented on the Client’s screen after the submission of his/her order or will be communicated to the Client through e-mail or SMS messages. At this point in time (order confirmation) an agreement for the sale of the products is still not concluded and the Client’s order still simply constitutes an offer for the purchase of products.
1.3. Acceptance of an Order- Formation of the sale agreement
1.3.1. Processing of the Order
Following an order submission and confirmation, the Store processes the order and confirms the validity of its contents. Specifically, the fact that there is no error in the listed price is confirmed and the correctness of the information related to the availability of the chosen products is validated.
It shall be noted that in case the listed price of the products is not valid and does not correspond to the actual price, based on the pricing policy of the Store at the time of ordering, due to a typographical or computer error, the Store is under no obligation to accept any such orders and to conclude a contract of sale of products.
In the event that price discrepancies between the listed price and the actual price of the product are discovered, due to the abovementioned errors, the Store retains the right to cancel the order after informing the Client accordingly.
1.3.2 Product Availability
If a product/s, ordered by the Client is not available, the Store reserves the right not to accept the order. When the Store exercises this right, the sale agreement is not concluded.
In case that a discrepancy, between the estimated delivery date of the products -as presented in the online store’s product page- and the actual delivery date of the products, is discovered during the processing of an Order, the Client will be informed by the Store and s/he may choose to either move forward with the order based on the new estimated delivery date or cancel his/her Order.
1.3.3 Formation of the sale agreement
When the Store confirms that no errors, requiring correction or related to the information of the Client, exist, the Order is accepted by the Store and a second e-mail or text message is sent to the Client (titled "Acceptance of your order and product shipment"), so that s/he is informed about the Order’s shipment information. At this point in time the sales agreement is formed, and the mutual contractual obligations of the parties come in effect.
Product prices and payment
2.1. The listed product prices are final, they include the applicable V.A.T., and they can be found at any time in the corresponding product pages of our Online Store.
The listed prices do not include applicable product delivery/shipment costs. Such costs are calculated during the Order submission process, and they are subsequently presented to the Client within the “shopping cart” and “checkout” pages of our website. Prices are subject to change at any time, but such changes shall not affect the product prices related to already submitted orders, which have already been accepted by the Store.
2.2. Once a Client has added the product/s to his shopping cart, the next step is for him/her to submit his order by clicking on the "Proceed to Purchase" icon and paying the products’ corresponding price. The Customer can choose to complete his payment by using any of the available payment methods displayed, namely either by cash payment (available only for Greece), using a credit / debit card, using digital payment channels (paypal), or by making an electronic deposit in one of the Store’s bank accounts.
When the Client chooses to pay by credit or debit card, s/he will be transferred to the safe online payment environment of Piraeus Bank (Greece) to safeguard the security of the transaction.
It is explicitly noted that the Store has no access or knowledge of the credit/debit card information used for the payment of the products. Such information is directly given by the client to the Bank’s safe online payment environment, the terms of which must be thoroughly examined by the Client before s/he inserts the debit/credit card information in it. All card payments are concluded through the Pireaus Bank’s digital payment platform. The applicable technical measures for the protection of the transactions and the communications, during a user’s browsing of the platform, are decided and managed exclusively under the responsibility of the aforementioned Bank. The Store is not liable for any damages incurred by the user during his use of the Bank’s online environment. The rejection of payment from an issuing bank also creates no liability of the Store.
Order Delivery- Delivery fees and options
3.1. Order Delivery Details
Without prejudice to the provisions of section 1.3.2 of these terms, regarding the availability of products, or to instances of force majeure, the Store makes every effort to complete the order by the date stated in the "Order Acceptance" or, if no delivery date has been set therein, within 30 calendar days from the date of "Order Acceptance". In any case, the Store is under an obligation to deliver the product at the latest within thirty (30) calendar days from the acceptance of the order.
The Store will not be held liable for delays in the execution of the order (including delivery), which extend beyond the above-mentioned period of thirty (30) days, when such delays can be attributed to instances of force majeure. In such cases, the Store is entitled to unilaterally extend the time for the execution of the order. Force majeure is defined as any random or unpredictable situation which is not within the control of the Store and which the Store could not have reasonably prevented. Force majeure instances include strikes, terrorist acts, war, supplier / transportation / production problems, exchange rate fluctuations, government or legislative acts, and natural disasters.
If a force majeure instance lasts for more than forty five (45) days, the sale agreements can be unilaterally terminated by any of the parties without penalty or liability. If the Client believes, at any time during an active force majeure instance, that the conclusion of the sale agreement is no longer beneficial to him/her, s/he is entitled to unilaterally terminate the sales agreement without penalty, and the Store is bound to return to the Client any payment or other expenses already paid by him/her for that sale agreement.
3.2. Delivery options
The Client can choose between the available delivery options for his/her products, during checkout. If the client chooses delivery by courier or a transportation company, the shall automatically be informed, in the “checkout” page, about the applicable delivery fees, which are calculated based on the specific Order and have to be covered by the Client.
When the Order is out of Delivery, the Client receives a relevant notification through an email to his/her email address or through an SMS to his/her mobile phone.
If a Client rejects or does not receive a delivered Order, due to reasons related exclusively to the Client’s actions, the Client is under an obligation to cover both the delivery fees already paid for and any additional delivery fees/return costs created due to the Client’s rejection of the delivery. In such cases, it is hereby agreed that the Store has a right to either withhold these additional fees from the Client’s payment or to claim the payment of the additional fees from the Client.
If the Client wishes to use a courier/transporter of his/her own choice for the delivery of the Order, the Store shall be obligated to deliver the Order to the specific courier/transporter indicated by the Client. In such cases, the Store is liable for the delivery up until the products are delivered to the Courier/Transporter and no liability, related to non-delivery or damages to the products can be attributed to the Store for any actions or events which take place after the products are received by the Client’s Courier/Transporter. The client recognizes that s/he will have no claims against the Store in such instances.
3.3. Calculation of the Delivery Fees
Delivery fees are calculated automatically based on the volume and weight of the ordered products, and the delivery location chosen by the client. The Client is informed, during “Checkout”, about the delivery fees which are specifically applicable to his/her Order. If a discrepancy between the Delivery fees, communicated to the client through the above means, and the final delivery fees -due to a system error or to special delivery rules or exceptions being applicable to the specific order- is discovered, the Store shall immediately inform the Client about the fact by email or phone.
Withdrawal
4.1. Right to Withdrawal
When the Client is a natural person who transacts with our Store for his personal use, and not for the exercise of his professional activity (i.e. commercial, business, or freelance professional activity), s/he has the right to withdraw from the sale agreement without any specific reason and free of charge, within fourteen (14) calendar days from the day of the receipt of the product by the Client or any other person authorized by the Client to receive the product. If the order includes several products which are delivered separately, the deadline for exercising the right of withdrawal begins from the day that the last product was received by the Client or his authorized representative.
To exercise the right of withdrawal, the Client must fill in the relevant withdrawal form (link) and send it to the email address customercare@liuba.style, and the Store is obliged to confirm the receipt of the withdrawal statement in writing immediately after receiving it.
Alternatively, the Customer may inform the Store, through the Store’s official communication channels, of his/her intention to withdraw from the sale agreement and the Store will confirm that it has received the withdrawal statement and / or will provide the Client with additional instructions to assist in his/her withdrawal from the sales agreement. For the Customer to withdraw in time, it is sufficient that his/her withdrawal statement or intention was communicated to the Store (in the ways mentioned above) within the above-mentioned exclusive period of fourteen (14) calendar days.
4.2. Results of the Withdrawal
When the right of withdrawal is, following the above-mentioned process, lawfully exercised,
the Store must, within fourteen (14) calendar days from the day it received notice of the Client’s decision to withdraw from the agreement, return any payment received, including payments related to product delivery fees. If, however, the Client chose a different method of delivery, more expensive than the ones offered by the Store, then the Store shall not pay the additional costs for the delivery of the product which can be attributed to the Client’s choice. Please note that the Store may withhold refunds either until all the products have been returned to the Store’s possession or until the Store receives proof of the products’ return, whichever comes first.
The return of the payment will be concluded through the same payment method used by the Client for the initial transaction. Specifically, when the initial transaction was concluded by credit/debit card and the payment has already been received by the Store, the Store shall notify the Bank about the cancellation of the transaction and the Bank will take any action necessary action to cancel the transaction. Following the abovementioned notification to the Bank, the Store retains no liability or responsibility relating to the manner or time of the execution of the rebuttal, which retains within the exclusive control of the issuing Bank and is regulated by the contract between the issuing bank and the Client.
The Client must return the products or deliver them to our store without undue delay and at the latest within fourteen (14) calendar days from the day s/he notified our Store of his/her withdraws from the contract. It shall be noted that the deadline shall be considered to have been met if the Client can prove that he sent the products back to the Store before the end of the period of fourteen (14) calendar days, regardless of when the products were finally received by the Store.
Clients located within Greece will not be charged the cost of returning the product in case of withdrawal.
Clients located outside Greece will be charged with the costs of returning the product whether it is by post or by any other means.
In case the products cannot be returned by post (due to volume or weight), and the Customer wishes to use a transport company cooperating with the Store for the return of the products, the Customer will be informed on a case-by-case basis of the direct return cost that will be charged.
It shall be noted that in cases where the Client, before his/her withdrawal from the sale agreement, used the product in any way, beyond the extent necessary to determine the nature, characteristics, and proper function of the product, thereby reducing the product’s value, s/he shall be liable to reimburse our Store an amount equal to the above impairment of the product’s value. The Store retains the right to deduct the abovementioned reimbursement from the amount which the Store is obligated to return to the Client.
4.3. Restrictions to the right of Withdrawal
The abovementioned right to withdrawal does not apply to:
Products which are not by nature suitable for return, due to considerations related to the protection of health or to hygiene, which have already been unsealed by the Client after their delivery, such as personal hygiene products.
Products manufactured according to the Customer's specifications or clearly customized.
Return/Replacement Policy
In our Store, we aim to offer the best possible shopping experience and to provide as much information as possible about our products, their quality and their fitting (indicatively through the use of the "Size Chart" tool). If you received products in a different design, colour or size from the one you ordered, or if you are not satisfied with the fitting of the product(s) you received, you may proceed to its (their) replacement.
If you wish to change, replace, or return the product you have purchased, you may contact us within fourteen (14) calendar days from the date of receipt at the e-mail address “customercare@liuba.style” and inform us of the reason for the change / replacement and your contact phone number/email. Alternatively, if you are a registered user of our online Store (user account), you may submit the relevant request by clicking on the "Returns" option, which appears in your profile. We or one of our courier partners will then contact you to collect the return parcel.
The first return of an order is completely free of charge within Greece. For all returns of orders outside Greece, as well as for the second and subsequent returns of an order within Greece, the Customer will be charged with the return costs of the products.
Return/Replacement conditions :
The product should not have been used.
The return must be made within fourteen (14) calendar days of receipt of the product.
The product must be accompanied by the original proof of purchase (Retail receipt, invoice, delivery note-invoice, etc.).
The products must be in perfect condition, identical to the condition in which they were received by the Customer. They must be unworn, bear all labels, without damage, stains or alterations.
The product must be returned in its original packaging and where provided; protective cases must be returned as they are considered part of the product.
All changes are made on a purchase price basis. The same applies in cases where the purchase is made using a promotional coupon or after a discount has been applied. An exclusion to this rule applies to cases of changes regarding color and/or size within the same product code.
When returning more than 1 product which were included in the same order, all products must be returned together and at the same time.
Claims stemming from product defects or lack of agreed properties
The rules concerning the right of withdrawal provided for in Section 4 and the returns/replacements of products mentioned in Section 5 of these terms do not apply to defective products or products in which a lack of an agreed quality can be identified. Such cases are handled under their respective warranty.
6.1. Legal Warranty
In cases where a product defect or the lack of an agreed upon property is present on a sold product, under the Store’s responsibility (“legal warranty”), the Client has the right, in his/her complete discretion, to:
i) demand, from the Store, the replacement of the affected product by another product or the repair of the affected product without charge, unless such a replacement is impossible or requires disproportionate costs;
ii) Ask for a proportionate reduction to the product’s price; or
iii) Withdraw from the sale agreement, unless the product defect cannot be considered essential based on the product’s nature and intended use.
If the Client chooses the replacement or repair of the product, the Store shall complete any such repair or replacement within a reasonable timeframe.
The abovementioned rights of the Client are provided for directly by law (Article 5 of Greek Law No 2251/1994 & Article 540 of the Greek Civil Code) and remain active for a period of two years following the conclusion of the sale agreement. After the end of the abovementioned time period, the relevant rights expire.
Limitations of liability: Our Store is exempt from the abovementioned obligations if the Client was notified by the Store about the defect in the product and was aware of it in advance. Additionally, our Store does not provide any warrantee related to the suitability of the sold products for any specific intended purpose or use.
Please note that the legal warranty only applies to defects of the product which existed upon their receipt by the Client. Subsequent Defects or damage that is to be expected based on the normal use (tear & wear) of the products (e.g. clothing) is not covered.
The Store is not liable for the incomplete or improper fulfillment of its obligations under this agreement, where such incomplete or improper fulfillment is a result of events of force majeure, as well as in cases where the incomplete or improper fulfillment is the result of a willful act or omission of the Client or a third party, which lays outside the Store’s sphere of influence/control.
Commercial Warranty
In addition to the abovementioned legal guarantee provided by our Store, the manufacturer or importer of the products may, on a case-by-case basis, provide a written guarantee (commercial warranty) for the product. If the Client wishes to invoke his/her rights under the commercial warranty, s/he can contact the manufacturer directly or consult with the warranty documentation, which can be found within the packaging of the product, to receive further guidance.
Dispute Resolution- Applicable Law-Jurisdiction-Amendments of these terms
The parties agree that this agreement is ruled by the Laws of Greece. Any dispute between the parties, arising from this agreement, should fall within the Jurisdiction of the Courts of Athens, Greece. If the Client resided in a Country in which mandatory legal rules, which are more beneficial to the Client compared to the provisions of Greek consumer protection Law provisions, are in force, these more beneficial provisions shall prevail and be applicable.
For an out-of-court settlement of the dispute, the Client may address the competent, for consumer dispute out-of-court settlements, bodies i.e. to the Hellenic Consumer’s Ombudsman (http://www.synigoroskatanaloti.gr/ , 144 Alexandras Ave., 114 71, Athens, tel: +30 2106460734, fax: +30 2106460414), and to the competent Consumer Amicable Settlement Committees (as set out by Article 11 of Greek Law 2251 / 1994) which are located in the local Municipalities of Greece.
Out-of-court dispute resolution can also be sought through the use of the European Alternative Dispute resolution procedure, which is available at the EU Online Dispute Resolution Website, here: https://ec.europa.eu/consumers/odr .
Consumer Protection Law provisions, as well as this term of the agreement, only apply to transactions/orders completed by a natural person who transacts with our Store exclusively within a personal capacity and not for reasons which are related to their commercial, business, or professional activity.
These terms may be modified at any time due to changes to the applicable legislation or to the Store's practices. The amended terms will apply and be in effect from the date on which they are published on the Store's website.
Publication and effective date of these terms: 04/02/24
