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General terms

Eliva

Fragkiadakis Christos
50 Apokoronou str.
73100 Chania
Crete - Greece
mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
web: www.eliva-crete.com
VAT.-ID-Number: EL 024230611

Logistic partner and partner in charge of the mail order and Internet business
VT-Outsourcing und Dienstleistungen GbR
Alex+Jiannis Theodosiadis

Wilhelmstr. 162-164
DE 72805 Lichtenstein
Tel.: ++49 (0) 7129 - 928610
Fax: ++49 (0) 7129 - 9286191

§ 1 General validity of terms and conditions
All the products and services (hereafter goods) offered by “Eliva”, (hereafter eliva-crete.com or seller), to its clients and customers (hereafter buyer), are governed by and subject to the terms and conditions contained herein. Variations and deviations from these are valid only subject to contracted agreements between the internet shop eliva-crete.com and the buyer, or explicitly specified in the general terms and conditions of sale.

§ 2 Purchase Order and Purchase Agreements
The buyer’s purchase order represents a binding offer towards eliva-crete.com to enter into a purchase agreement. The buyer’s purchase order will be acknowledged via e-mail, confirming the acceptance of the order and containing details of the purchase. This acknowledgement does not represent a purchase agreement, but just confirms the receipt of the buyer’s order. The purchase agreement is deemed contracted only after eliva-crete.com has dispatched the ordered goods and consignments for delivery.

eliva-crete.com reserves the right to rectify and invoice the corrected price in case of apparent and evident mistakes (.e.g. calculation and clerical mistakes) on its Online-Shop Website. In such special cases the buyer is provided with the right to withdraw from the contract immediately, should the buyer not agree to the alterations. In case the goods are no longer available, the buyer will be informed to this effect and will be fully refunded. The quoted prices are in EUR, in the case of end-consumer including value added tax, as applicable.

The minimum order value is 15 Euro!

§ 3 Terms of delivery
The ordered goods are dispatched only after the payment has been credited (excepting for cash on delivery). The goods are dispatched via parcel services (DHL) to the delivery address supplied with the purchase order. Deliveries to post pick up (poste restante) or P O Box addresses are not possible nor will be entertained. There is no minimum value of purchase prescribed. The exact transport and delivery costs are based on the quantity and weight of the ordered goods, and are quoted in the confirmation of the order acceptance.

§ 4 Reservations on terms of delivery
Goods are delivered subject to supply and stocks. The stated deadlines and time limits are not binding and without obligation, unless something in writing hitherto is explicitly agreed upon. Excepting other agreements, deliveries are subject to pre-payments only.
eliva-crete.com reserves the right to fulfil partial orders and partial deliveries, as long as the obligations are fulfilled within the agreed time limits, and partial orders and partial deliveries are in the interests of the buyer.

eliva-crete.com reserves the right to defer the date of delivery or reduce the volume of the goods ordered if it is prevented from or delayed in the pursuing of its business activities through any circumstances beyond its reasonable control, including Act of God (Force Majeure) and temporary operational breakdowns either at the seller or the supplier, to a duration commensurate with the delay subject to a maximum of three weeks. After this period the buyer has recourse to buyer’s statutory rights. The buyer’s right of revocation remains unaffected by this.

§ 5 Payment Terms
5.1 Prepayments/Remittance
Select „Prepayment“ as the choice of payment during the placement of order. The placement of the order will be acknowledged via e-mail containing all the important information viz. the order number, the ordered goods, the total amount of payment, and the terms of sale. The total amount should be remitted to the seller’s bank account, quoting the corresponding order number. The transfer of the remittance takes 2 – 3 working days depending on banking transaction delays (even if the amount were remitted online). After the amount is credited to seller’s bank account, the goods ordered, will be dispatched immediately to the corresponding delivery address.

5.2  Payment via Pay Pal or 2checkout
The buyer may also opt for easy, fast, and secure payment via Pay Pal or 2checkout at the online shop.

•    The buyer does not need to enter one’s bank account or credit card details at every payment.
•    The payment needs only a few clicks, on the website.
•    The buyer’s bank and credit card details are securely stored with Pay Pal or 2checkout and not disclosed to the seller.
•    The data transmission is secured with SSL Protocol (Secure Sockets Layer) and a 128-Bit Key (the maximum security available for ecommerce)
•    The buyer gets an email confirmation of all the transactions and has a full overview of all the transactions in one’s own Pay Pal or 2checkout account.
•    Pay Pal or 2checkout transactions are checked for fraud using fraud shield models, to detect and prevent fraudulent transactions.

§ 6 Rights of ownership
The purchased goods remain the property of eliva-crete.com until full payment is settled. Transfer of ownership is deemed only on the full settlement of outstanding payments and liabilities towards eliva-crete.com.

§ 7 Costs of return of goods
Should the buyer return the goods, under revocation, the buyer is liable to bear the costs incurred, returning the goods, if the goods delivered correspond to the goods ordered, or the price of the order does not exceed an amount of € 65.00 or in case of higher amount the buyer has not fulfilled the buyer’s obligations towards full or partial payment as agreed, at that given time.

§ 8 Terms and Right of Revocation
The buyer has the right of revocation without stating explicit reasons within a period of 14 days submitted in text format (e. g. Letter, Fax, E-Mail) or in the case of completed delivery of the ordered goods within the said period, through return of the delivered goods. The 14 day period starts after the receipt of this information in text format by the buyer, but not earlier than the receipt of the ordered goods by the buyer (in the case of repeated orders of the similar goods, not earlier than the receipt of the first partial delivery by the buyer) or before the fulfilment of seller’s obligations of providing information to this effect as per Article 246 § 2 in conjunction with § 1 Section 1 and 2 EGBGB as well as seller’s responsibilities as per § 312e Section 1 Statement 1 BGB in conjunction with Article 246 § 3 EGBGB. The non-violation of the time period is ensured through timely intimation of revocation or timely return of the purchased goods. The revocation and return of the purchased goods is to be addressed to:

VT-Outsourcing und Dienstleistungen GbR
Alex+Jiannis Theodosiadis
Wilhelmstr. 162-164
DE 72805 Lichtenstein
Tel.: ++49 (0) 7129 - 928610
Fax: ++49 (0) 7129 - 9286191

Consequences of revocation:
In the case of revocation becoming effective, both parties are required to return the services and benefits accrued (e.g. interests). In case of non-return of the services and benefits accrued in original form fully, or possibly only partial return or in imperfect conditions, commensurate compensatory replacement of value must be settled monetarily. This is not valid for goods left behind with the buyer, whose reduction in quality is verifiable only after testing and consumption (as possible in the case of sales in shops). The buyer can avoid compensatory replacement of value by treating the goods as not own, and undertake all precautions against influences leading to diminishing value of goods. Goods that can be transported via parcel services are to be returned at seller’s risk. The buyer is liable to bear the costs incurred returning the goods, if the goods delivered correspond to the goods ordered, or the price of the order does not exceed an amount of € 65.00 or in case of higher amount the buyer has not fulfilled the buyer’s obligations towards full or partial payment as agreed, at that given time. In other cases, the buyer can return the goods at free of cost. Goods that cannot be transported via parcel services will be picked up from the buyer. Obligations towards payments must be settled within 30 days, for the buyer, beginning from the date of dispatch of revocation or goods and for the seller, the date of receipt of goods by the seller.

The right of revocation does not apply for:
Goods, made to order for the buyer, or adapted to personal preferences of the buyer, or through characteristics of the goods not suitable for return, or possess limited durability and expiry or have exceeded their expiry dates. This also applies in the case deliveries of Audio- or Video recordings or Software, if the seal of the package is broken by the buyer.
Opened bottles, packs or tins!

General note:
Kindly contact the seller before the return of goods, so that the seller can initiate a return pick up from the buyer. The courier service will then pick up the parcel at an agreed time period. Kindly note, that this is not a precondition to an effective exercise of the buyer’s right of revocation.

§ 9 Liabilties
The liabilities of eliva-crete.com subject to legal regulations and condition, for cases of damages arising out of mild negligence is limited. Liability is valid only on violation of contractual obligations and limited to typical damages foreseeable before entering a contractual agreement. This limitation does not apply to injury to life, body and health. Unaffected by these limitations are liabilities arising out of deceit, malpractice like concealing of defects, assuming guarantees for the goods, risks of procurement and product liability regulations. The private and personal liability of legal representatives, agents and employees of eliva-crete.com is excluded for damages arising out of mild negligence.

§ 10 Damages in transit
Please bring to notice damaged or incomplete deliveries immediately to the delivering transport servicing agency, and have this matter acknowledged by them. Kindly inform the seller about the damages in transport without delay, to enable a quick reclamation to this effect with the transport servicing agency. The buyers guarantee rights remain unaffected hereby.

§ 11 Warranties and Guarantees
Warranties and guarantees are permissible and valid as per legal stipulations, whereas in the case of defective goods, subject to buyer’s choice, either replacement or repair of defective good is permissible. In the event of failure of the repair, or the replacement further being defective, the buyer may return the goods against a full refund or retain the goods with a reduction in price. For information about manufacturer warranties and guarantees, please refer to the respective product documentation.

§ 12 Product representation and characteristics
eliva-crete.com takes utmost care to provide a true, correct and up to date visual representation in of its products in the online shop. This does not automatically imply that the product representations in respect of appearances are always in conformance with the goods delivered. Especially change in assortment of vintage could lead to a change in packaging of wine with respect to bottles, which are beyond the influence of eliva-crete.com. The represented product characteristics typically cannot me made objective, therefore subject to the subjective impressions of the test consumers. eliva-crete.com is not liable for product descriptions in respect of sensory and optical characteristics of the products. Taints of cork, precipitation of crystals and the like are not treated as defects as corking issues represent an unavoidable risk, for which no guarantees are undertaken by the producers.

§ 13 Privacy of data and data protection
Information on the goods purchased is utilised solely for the purpose of processing the order. Information pertaining to the buyer is handled, stored and processed according to the provisions of regulations on data protection (Bundesdatenschutzgesetze - BDSG) and telemedia (Telemediengesetzes -TMG) of Germany. On the online shop, data security is ensured through SSL 128 and is provided for all data transmissions originating from the shopping basket. In the case of registration for the newsletters, the buyers email address is stored for purposes of marketing and market research until termination of the subscription through deregistration for the newsletters. The buyer retains, at free of cost, the right of inquiry, correction, prohibition and deletion of the buyers stored data. Kindly contact the seller to this effect via email.

Eliva
Fragkiadakis Christos
50 Apokoronou str.
73100 Chania
Crete - Greece
mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
web: www.eliva-crete.com

The buyer’s personal data including home and email address are not shared with any third party without the buyer’s explicit consent, which is revocable at any time. Exceptions to these are the service partners of the seller, who need these to provide services (e.g. courier services for delivery, banking institutions involved in payments and collections). In these cases, the shared information is limited to a minimum level required to ensure the provision of the service involved. This declaration fulfils the required stipulations of the regulations on data protection (§ 33 Section 1 Bundesdatenschutzgesetz - BDSG) of Germany. The data privacy requirements will be adhered to in conformance with legal regulations.

Cookies:
The internet web pages use Cookies at different locations. These are needed to enable the seller to optimise the offers in a user friendly, effective and secure way. Cookies are small text files stored on the user’s computer by the user’s web browser. The cookies used are in most cases, “Session-Cookies”, which are deleted automatically on the termination of the visit to the web site. Cookies do not harm the user’s computer and contain no viruses.

§14 General
1. Under all conditions contracts are governed by the laws and jurisdiction of Germany, subject to exclusion by UN-Convention on contract for the international sale of goods.
2. Place of execution is the location of the registered office of vt-outsourcing - eliva. This is also the location of jurisdiction, provided that the buyers- are merchants, or have no domicile in Germany, or change of domicile after the general terms and conditions of contract going into effect, or place of domicile is not known at the beginning of legal proceedings.
3. The postal address of eliva-crete.com in Germany is

VT-Outsourcing und Dienstleistungen GbR
Eliva
Alex+Jiannis Theodosiadis
Wilhelmstr. 162-164
DE 72805 Lichtenstein
Tel.: ++49 (0) 7129 - 928610
Fax: ++49 (0) 7129 - 9286191

§15 Unilateral Declarations
Unsigned, automatically generated notices and reminders for request for payment, arrears, payment overdue, etc., still bear legal validity provided these are made on documents with letterheads of ELIVA or eliva-crete.com.