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Terms of Service & Use

TERMS OF SERVICE & USE

 

NOTE:This policy is a translation of the Greek policy text on the corresponding page. For any ambibuity or translation error, the Greek version applies as the correct and official text.

 

The visitor/user of the website is obliged to read these terms of use carefully and to make use of the services of BestPharmacy.gr only if he/she fully accepts these terms. On visitor/user access of this website it is assumed that he/she has become aware of the Terms of Use, which are binding terms formulated in accordance with and in full compliance with the applicable European and Greek legislation, and he/she accepts these terms. The Company has the right to modify or update at any time these Terms of Use, its commercial policy and the content of its websites. Visitors/users are responsible for periodically checking whether changes have been made to these terms of use, as well as to the content of the website.

This website with domain name BestPharmacy.gr has been created by and belongs to the Company "FARMAKIO STAVROTI LIODAKI & Co. G.P." based in Heraklion, Crete, address 45 Evans Street, with Tax Registration Number 998782352 and General Commercial Registration Number 116998027000. The purpose of the establishment of the website and the e-shop of BestPharmacy.gr is to carry out distance selling of the products traded by the Company.

The login to the BestPharmacy.gr website(s) and the use of the Company's services after the aforementioned amendment shall be deemed as acceptance of the terms of use as they were amended.

Agreement and acceptance of these Terms and Conditions of Use and the Privacy and Personal Protection Data Policy is mandatory for the use of any service of the BestPharmacy.gr and the Company. The visitor/user/customer accepts the Terms of Use and is obliged to comply with them as they apply each time, both in the context of the contract drawn up by their acceptance and in the context of the obligation of each person to comply with the law.

In case of non-acceptance of any of the Terms of Use, it is expressly prohibited to access BestPharmacy.gr and/or use any of the Company's services.

The use of this website by each user is solely at his own responsibility. The content of this website is not and cannot under any circumstances be construed as providing advice, direct or indirect inducement to users to take any action, and does not replace the advice of a specialist (e.g. a doctor). The evaluation of the content of this website is at the discretion of each user, who also assumes responsibility for the use of any part of it.

1. INTELLECTUAL PROPERTY RIGHTS

All content found on BestPharmacy.gr, such as indicatively, texts, graphics, trademarks, images (regardless of features), digital files and software, is the exclusive property of the Company or of the content providers collaborating with the Company and/or the Online Store, and is protected by Greek and International copyright and intellectual property legislation. The other products mentioned on the pages of this website that bear trademarks of the respective organizations, companies, partner entities, are their own intellectual property and therefore these entities are responsible for them.

It is prohibited to collect and use any product catalogs, product descriptions or prices, any indirect use of the BestPharmacy.gr online store, website and its contents, for the benefit of another business, commercial or not, without the written consent of the Company.

2. AUTHORISATION TO USE AND ACCESS THE ELECTRONIC STORE

The Company provides the visitor/user with a limited license to access and use the website and the electronic store BestPharmacy.gr, for placing orders and communicating with the Company.

Users/Visitors of BestPharmacy.gr retain a limited, revokable, and non-exclusive right to create a hyperlink for the home page of BestPharmacy.gr on their own website, as long as this hyperlink does not refer to the Company, the website BestPharmacy.gr, or its products or services in a false, misleading, insulting or otherwise offensive manner.

A website that links to BestPharmacy.gr and/or its content: (i) may link to, but not replicate, its content; (ii) may not imply that BestPharmacy.gr is endorsing such website or its services or products; (iii) may not misrepresent its relationship with BestPharmacy.gr; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray BestPharmacy.gr or its products, services, or people associated with it, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the BestPharmacy.gr website other than the home page. BestPharmacy.gr may, in its sole discretion, request that any link to the website is removed.

Any unauthorized or inappropriate use terminates the license or access granted by the Company, without prejudice to any other remedy provided by applicable law.

3. PERSONAL DATA

BestPharmacy.gr and the Company is committed to protecting the personal data of its visitors, users and customers. The processing of personal data by BestPharmacy.gr and the Company is performed in accordance with the provisions of the General Data Protection Regulation (GDPR 2016/679), any specialized national and European legislation for certain sectors, the relevant Greek legislation on the protection of personal data, as well as the protection of personal data and privacy in the field of electronic communications (L. 3471/2006, as applicable) and the decisions of the Data Protection Authority (DPA).

In accordance with the above regulations and legislation, the Company, in its capacity as data controller, informs, the natural person who is a visitor/user and/or customer that the Company and/or third parties, for and on its behalf, will process personal data concerning him or her, in the context of a transactional relationship for the Company's products or services.

The visitor/user/customer must be informed and fully accept the terms described on the Privacy and Personal Data Protection Policy page, which determines the relationship of his/her personal data with BestPharmacy.gr and all the services of the Company.

If the Customer, User or Visitor does not agree or fully accept the content of the Privacy and Personal Data Protection Policy, they must not use the services of BestPharmacy.gr and the Company, must not provide personal data to it and must not visit its websites.

The visitor/user/customer has the option to voluntarily request to receive updates about new products, offers or promotions of BestPharmacy.gr, providing their e-mail address or other contact details. In this case they consent to the use of their data for the purposes of participating in promotions and agrees that the information submitted to the BestPharmacy.gr is complete, true, accurate and valid. If the user wishes the communication for promotional reasons to be terminated, it is sufficient to contact the BestPharmacy.gr stating their corresponding wish.

Note that the personnel and partners of the company "Stavroti Liodaki - Michail Flouris G.P.", with which the Company has a contract for the provision of e-commerce management services, have also access to the software of the e-shop and to the data of customers and orders, bound by a confidentiality agreement with the Company.

4. SECURITY

BestPharmacy.gr makes every reasonable effort to safeguard users' personal data using the latest and most technologically advanced methods and uses strict security measures, which, in its view, may be changed or amended. More information about data security, use of cookies and user/customer obligations is provided on the Privacy and Personal Data Protection Policy page.

To ensure the protection of users' personal data, BestPharmacy.gr uses encryption technology of sensitive data that is transferred over the Internet from the servers to the user's computer, as well as digital certification technology for Internet domain addresses used by the Online Store. These technologies are based on SSL protocols (Secure Sockets Layer) and TLS (Transport Layer Security) designed to provide security when transmitting sensitive data over the Internet. The SSL Certificates provider for the website Bestpharmacy.gr is the company GlobeSSL.com (www.globessl.com) providing secure certificates hidden with a range of 2048 bits.

5. LIMITATION OF LIABILITY FROM THE USE OF THE ELECTRONIC STORE AND PRODUCTS

The Online Pharmacy BestPharmacy.gr is provided by the Company "AS IS" and "AS IS AVAILABLE".

The Company does not provide any warranty that the BestPharmacy.gr Online Store, servers or e-mail messages sent by the Company or BestPharmacy.gr are free from viruses or other harmful elements. BestPharmacy.gr and the Company are not responsible for any damages of any kind that may be carried out by the use of the Online Store / Website and the products or services that are provided by it, including, but not limited, to direct, indirect, random, symptomatic and consequential damages.

BestPharmacy.gr and the Company do not make any representation or warranty of any form, expressed or implied both for the operation of the Online Store and for the information, content, material or products contained therein. For this reason, users/customers of the Online Store agree to use it at their own risk and to use any provided products or services on their own responsibility, and ALWAYS according to medical advice from their doctor or registered health professionals.

6. OTHER INFORMATION PROVIDED BY VISITORS

If visitors of BestPharmacy.gr use the communication capabilities provided by this website to provide information other than personal data, such as suggestions on the website or ideas for advertising and products as well as any other relevant information, these information, proposals and ideas come into the possession of BestPharmacy.gr with the consent of the visitor and can be used/exploited by BestPharmacy.gr in any way (e.g. reproduction, modification, notification to third parties, etc.) for commercial or non-commercial purposes, the visitor providing such information, proposals and ideas waives any right to such information, proposals and ideas voluntarily and waives any right to compensation for the use of such material by the BestPharmacy.gr.

7. ETHICS AND LIABILITY OF USERS/MEMBERS - DAMAGE/COMPENSATION

The visitor/user of this website is solely responsible for the lawful use of this website and is obliged to refrain from any illegal act and abusive behavior as well as from the adoption of illegal practices and practices of unfair competition.

Users/customers of BestPharmacy.gr can register and maintain an account on the website, on the condition that they accept their responsibility for maintaining the confidentiality of their accounts, using strong passwords, as well as accepting responsibility for all activities that occur under their account or password. If users/visitors are accessing and/or using BestPharmacy.gr on someone else’s behalf, they represent that they have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and agree to accept liability for harm caused by any wrongful or unlawful use of the website. BestPharmacy.gr reserves the right to refuse service, terminate accounts, or remove or edit content, for any reason, in its sole discretion without prior notice.

The visitor/user is prohibited from sending to or transmitting through this website material that is in any way illegal, and/or false, inaccurate, threatening, abusive, offensive, vulgar, violent, defamatory or inciting criminal acts. Harassment of third parties is prohibited in any way. Visitors/users agree that they will not compromise the security of this website and that they will not prevent any user from accessing this website. The use of the website for illegal purposes entails civil and criminal penalties. The visitor/user agrees and accepts that BestPharmacy.gr is not responsible for anything with the above characteristics, which comes from third parties and is hosted on the website while under no circumstances can it be considered that BestPharmacy.gr or the Company accepts or agrees with such content.

The user/visitor understands and accepts that using BestPharmacy.gr he/she may be exposed to offensive, immoral or illegal content.

In the event that BestPharmacy.gr will be notified that any content causes moral damages or other damage to a third party, it reserves the right to delete this content immediately and at the same time to shut down the user/subscriber's account, who violates the present terms. BestPharmacy.gr states that it will cooperate with any police or judicial authority in order to reveal the identity of any user who publishes or transmits similar material or information.

Visitors/users commit to refrain from any unlawful and/or offensive or abusive use of BestPharmacy.gr and to not infringe on any rights of third parties and, in particular, personal privacy.

In case a visitor/user causes technical issues to the website or to the systems that serve/transmit the website to visitors/users, they shall be liable for any damages resulting from such actions and shall bear any costs to repair the damages.

Also, the visitor/user of BestPharmacy.gr accepts that he retains the sole responsibility to compensate BestPharmacy.gr and its associates for any legal dispute arising between him and third parties due to the content provided from him for posting, publication or other transfer through the services of BestPharmacy.gr, as well as in the event of providing inaccurate/incorrect data during their registration or updating their account data and generally in the event of any breach of these terms of use.

8. ADVERTISING

BestPharmacy.gr is in no way responsible for the communication of the visitor/user with the third-party service providers that are advertised on the website and for any commercial transaction that may result from their relationship with each other.

9. PRODUCT DESCRIPTIONS

BestPharmacy.gr tries to be as precise as possible about the characteristics of the products displayed in the Online Pharmacy.

Notwithstanding, BestPharmacy.gr is not responsible in the event that the characteristics or other content relating to products sold through the Online Pharmacy are inaccurate, incomplete, out-of-date, or generally with errors, which cannot be foreseen, or have occurred unintentionally, or as a result of technical issues of the website or its servers, or for reasons of force majeure. In particular, BestPharmacy.gr is not responsible for defective products and/or untrue information relating to the products/goods of its suppliers contained on this website. The responsibility lies solely with the individual suppliers and manufacturers of the products.

10. ORDER/DELIVERY OF PRODUCTS/CONSUMER RIGHTS

If the visitor/user of the website has the legal capacity according to the definitions of the Greek Civil Code, they have the option of ordering the products available for distance selling presented on the website, in accordance with the terms and the prescribed ordering procedure.

BestPharmacy.gr is against the collection of data and the placing of orders by minors, i.e. persons under the age of 18.

10.1 VALID ORDER

The visitor of the website has the capability to place a valid order if he has the legal capacity according to the Greek Civil Code, i.e., if he has reached the age of eighteen and is not in judicial support for the conclusion of a sales contract or a distance selling contract. The company reserves the right to claim from the supervisor or guardian any orders made by people who do not have the legal capacity.

In order for the visitor/user to place an order, they must: (a) fill in the relevant form with the information necessary for the conclusion of the sales contract, (b) accept unconditionally the terms of the sales contract, in respect of the item sold, quantity, price including taxes and other costs, how the transaction is processed, the time and place of delivery of the product through a shipping company, (c) unconditionally accept these present Terms of Use, which form an integral part of the drawn up contract. The acceptance of the above is made by the electronic option "ACCEPT" given to the visitor/user by the website.

Placing an order is the conclusion of a distance selling contract, subject to the relevant legal framework (Article 4 Law 2251/1994, as amended each time and in force). The consumer through the website is informed by the company before the completion of his order, before filling in and submitting the relevant form for: (a) the identity and address of the supplier (b) the essential characteristics of the products (c) the prices, quantities and shipping costs of the products, as well as taxes (VAT), (d) the method of payment and delivery, (e) the duration of the offers or prices, (f) the right of withdrawal.

By sending the order form, the consumer receives online an electronic copy of the order, which he can store, including the above information and in addition specifying how the order cost will be paid and the terms and means of exercising the right of withdrawal.

10.2 PRICES

The prices of the products included on this website are final, i.e., the legally applicable to each product VAT (tax) is included. These prices relate to the quantities available in our warehouses, and BestPharmacy.gr reserves the right to adjust the prices and availability of its products.

10.3 PRICE PAYMENT

The order payment method is chosen by the visitor/user and includes the option of charging a credit or debit card (selected by the order submission system), the use of the electronic payment systems (e.g. by PayPal, Viva Payments, or others), or the COD (Cash on Delivery).

10.3.1 PAYMENT BY CREDIT OR DEBIT CARD

The online store BestPharmacy.gr accepts VISA or Mastercard credit or debit cards. There is a possibility of payment in instalments, depending on the bank that has issued the credit card. The amount of total payment, in addition to the value of the products, includes both shipping and any commission costs for the selected payment method (e.g., COD).

For purchases made by credit/debit card, the customer should follow the instructions found in this online store and fill in the order form the number and other details of the credit/debit card. The card is charged only if the details and its validity are checked and certified. The customer is solely responsible for the correct entry and validity of the credit/debit card information. In any case of purchase, the buyer must also be the holder of the card used for the transaction and his billing address must be the same as the billing address of the card.

10.3.2 PAYMENT BY COD

The online store BestPharmacy.gr supports payment by COD (cash on delivery), where the customer pays the employee of the shipping company/coutier, acting at the behest of the BestPharmacy.gr with the delivery of the order to their address. The extra fee for COD payments is charged according to the fee of the courier service. In these cases, the following specific conditions of delivery and withdrawal apply: (a) The customer has the right to withdraw from the order with full compensation before the delivery of the order to the shipping company/courier. If the order has been delivered from BestPharmacy.gr to the courier service, the customer must be charged the shipping and delivery costs which cannot be reimbursed. (b) Before shipping the order, BestPharmacy.gr can confirm the customer's details and order by telephone and reserves the right to refuse or delay the execution of the order if there is a reasonable belief that the customer will withdraw from the order upon delivery or will not pay the courier as required. In this case the customer will have the right to change the payment method for the order. (c) In the case of COD, sales documents (proof or invoice) can be sent by post after receipt and payment of the order to the courier.

In both of the above payment methods (via card or COD) there is the option of issuing either a retail receipt or an invoice. Invoice is issued to companies and freelancers, provided that they fill in the following company details at the time of order: company name, address, telephone number, Tax Registration Number, Tax office and the profession for freelancers.

10.4 PRODUCT DELIVERY

Generally the delivery of products is made only to the buyer in person by showing his original identity card or passport. In case the payment has been made by credit card, it is additionally required at the time of delivery of the products for the credit card to be shown. The receipt of products from a third party shall be prohibited unless the purchaser has authorized a third person in writing, with an authentication of the signature, to do so. In this case, the third party must present the above documents in order to complete the delivery of the order.

International shipments may need to pass through Customs at the recipient country, according to the country's laws. Customs clearance is the sole responsibility of the recipient (i.e. customer) only. The recipient (i.e. the customer) is also solely responsible for (1) any charges outside of Greece, such as custom duties, taxes, storage costs, fees or fines, as well as for (2) any documentation, licenses, prescriptions or certifications requested by Customs or authorities outside of Greece. Bestpharmacy.gr and the Company is not responsible for any charges or documentation outside of Greece, or any packages remaining or being returned from Customs in any country. BestPharmacy.gr and the Company will not provide refunds for any packages being destroyed, retained, or returned from Customs in any country.

The terms and cost of delivery for any Domestic and International shipments are described on the Shipping & Rates page of BestPharmacy.gr. Customers must read and accept these shipping terms on that page before placing an order.

10.5 DELIVERY TIME

The delivery of the products takes place usually within 5 working days and depends on the completion of the order, the availability of the products, the place of shipment of the products and the confirmation of the customer's details. In some cases the delivery time may be extended if the consumer has been informed in advance.

The order may be delayed for the following reasons: 1. The product has been delayed to be shipped by our supplier. In this case, BestPharmacy.gr will contact the customer to ask him if he wants the order delivered to him without this product or to be offered an alternative. This item will be shipped to the customer after it has been received in our warehouses. 2. The product has already been removed or is out of stock and is not available. In this case, BestPharmacy.gr will contact the customer to provide him with an alternative, if he wishes so. 3. In times of extreme weather events or strikes as well as in case of force majeure, which may affect the transport and delivery of the customer's order. In this case, BestPharmacy.gr will contact the customer as soon as possible in order for the customer to indicate whether he wishes to complete the order under these conditions. 4. In case it is impossible to contact the customer by phone and/or email (if, for example, there is a problem with the order, either in relation to the product or in relation to its payment) because, for example, the details of the customer who registered are incorrect or out-of-date.

10.6 SHIPPING COSTS

The delivery of the products is made by cooperating shipping/courier companies, to which BestPharmacy.gr forwards the personal information of users, such as name, shipping address, contact information and telephone numbers, in order to allow the delivery and completion of orders.

The cost of shipping and handling and any fees related to the payment (e.g. COD payment fees) shall be borne by the consumer/customer and are paid to the employee of the courier company at the time of delivery of the product (if the payment is made with COD), or at the checkout by credit/debit card, or electronic payment (e.g. Paypal), if such is chosen at the checkout.

For purchases over 39 EUR and up to 5kg weight, the consumer/buyer will not be charged shipping costs. This excludes shipments to remote/hard-to-access areas and addresses outside Greece. If COD payment is selected, there is an associated COD fee at the checkout. BestPharmacy.gr reserves the right to change the above minimum amount and the conditions for free shipping.

10.7 CONSUMER RIGHTS

10.7.1 Right of withdrawal.

The consumer has the right to withdraw from the sale unjustifiably within fourteen (14) calendar days, if a longer deadline has not been agreed, returning the product to its original state, without cost other than shipping, return costs and any charges or commissions for the payment method chosen. This period shall begin on receipt of the products. For the exercise of the right of withdrawal, the consumer has an obligation to complete electronically and send the withdrawal form located on the BestPharmacy.gr website and to show the order invoice or retail receipt.

In the event of the exercise of the right of withdrawal, the consumer is also obliged to send the product directly in its closed packaging and in the condition received for return, while the supplier, provided that all the required procedures and regulations are in compliance with the described in the terms of use, is obliged to reimburse the justified amounts paid to him by the consumer within thirty (30) calendar days after receipt of the product by BestPharmacy.gr.

The refund of the price shall be made in the same way as the payment was made, except in the case of COD. In case the price has been charged to the consumer's credit card, the exercise of the right of withdrawal also entails the termination of the relevant trilateral contract between a consumer, a supplier and a bank, without payment of compensation.

If the price has been paid with COD and the consumer exercises the right of withdrawal then the refund will be made by deposit in the consumer's bank account, which must therefore inform the company in writing by providing information on the exact number and other details of the account, as well as the banking institution in which it is held. In this case the consumer assumes sole responsibility for the correctness and validity of the data and information provided. Especially in the case of COD, the refundable price does not include transport costs and courier company charges for COD.

10.7.2 Right of replacement.

The consumer has the right to request the replacement of a product, since what was delivered to him was defective, damaged, or does not correspond to the product ordered. In this case it is necessary to contact the Company directly on the phone located in the "Contact" position of the Website or via e-mail at [email protected], so a replacement or a refund should take place. In case of receipt of defective, altered or damaged product it is also necessary to send photographic material in which the defect or damage to the product and the package received from the courier company is obvious. It is also necessary for the product to be in the state in which it was received, not to have been used, and the consumer must have the invoice or receipt document. In any event, the maximum refund period for the submission of a replacement application may not be extended beyond fifteen (15) calendar days from the date of receipt. The shipment of the new product will take place within a period equal to the time of delivery of the original product. In case of refund, the return rules apply as in the case of withdrawal.

In any case of return of products, the customer is obliged to deliver intact and in excellent condition all documents, which accompanied the product (e.g., Invoice/Retail Receipt, marketing material or any other promotional material etc.).

10.7.3 Filing of Complaints and Dispute Resolution.

In any case where the consumer was not satisfied with the fulfilment of the order or for any other reason relating to the online store BestPharmacy.gr, they have the right, within fifteen (15) days of the occurrence of the problem, to submit a complaint to the Company, by filling in the electronic contact form or sending e-mail to [email protected].

The consumer's complaint will be dealt with immediately and the reply will be sent to him by the company no later than ten (10) days of its receipt, at his e-mail address. When examining the complaint, the Company reserves the right to contact the consumer to clarify the circumstances that created the alleged problem. In this case, the consumer should facilitate by providing the relevant information to resolve the issue.

For any case that concerns the operation of the online store, the consumer, by accepting these terms of use, has an obligation to follow the complaint procedure before choosing to pursue legal proceedings.

According to Directive 2013/11/EC, which was incorporated in Greece by JMD 70330/2015, the possibility of electronic settlement of consumer disputes is now foreseen through the Alternative Dispute Resolution procedure throughout the European Union. If the customer has the status of consumer (i.e. a natural person acting outside his professional capacity) and has any problem with a purchase made by our Website can initiate the ADR process through the single EU-wide platform for online dispute resolution (ODR platform) available at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

11. WARRANTY

BestPharmacy.gr provides no warranty either of the quality or suitability of the products sold for any particular purpose, nor does it guarantee the safety and protection of the users of these products. Such guarantees are provided, if provided, only by the product manufacturers and the customer must be informed by the packaging of the product.

12. GIFTS AND PROMOTIONAL ITEMS

BestPharmacy.gr may offer gifts (products in special size or other items), as part of advertising or commercial campaign communicated to its customers. Gifts are considered products and they should be automatically added as products to the Shopping Cart and consequently to the customer’s placed order. All gifts are available until stocks last.

BestPharmacy.gr does not offer any warranty on gifts or their availability, and reserves the right to replace the gifts added to customer’s order, without prior knowledge or consent of the customer, with another gift, in case the gift added to the order is out of stock, after the order was placed.

The customer agrees that it holds no claim against BestPharmacy.gr due to such gift replacement, whenever it may occur.

13. COMMUNICATION WITH THE COMPANY

The visitor/user of the website has the possibility to comminucate with the company via e-mail at [email protected] following the relevant information on the website "Contact" page, by filling out the special message form, either by phone at +30 281 810 8100 during weekdays Monday - Friday and hours 9:00-19:00.

14. APPLICABLE LAW AND JURISDICTION

The present terms of use and the use of the website BestPharmacy.gr are governed by Greek law, by the current laws of the European Union and by the relevant International Treaties. In the event that any of these terms is declared invalid or voidable, such invalidation shall not affect the validity of the other terms.

Any dispute relating in any way to the use of the online store BestPharmacy.gr or to the products or services sold through it, an attempt will first be made to resolve it out of court. In case of failure to reach such a resolution, the courts of the city of Heraklion, Crete, Greece are responsible for resolving any dispute arising from the use of the website BestPharmacy.gr.