TERMS OF AGREEMENT
These are the terms and conditions governing the use of this website and the agreement that operates between us and you (hereinafter, “the Terms”). These Terms set out the rights and obligations of all users (hereinafter, “You” /”your”) and those of Stefania Vaidani (hereinafter, “us” / “our” / “we” / “the Vendor”) in relation to the goods/services offered by us through this website. Before you click on the “Payment” button at the end of the ordering process, please carefully read these Terms and our Privacy Statement. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Privacy Statement. If you do not agree to all of the Terms and the Privacy Statement, do not place an order.
STEFANIA VAIDANI is the trading name and registered trademark used on all items designed by Stefania Vaidani, fashion designer, who has a registered office in Metamorfosi, Attiki, Greece (Ippokratous 21 and Dexamenis streets, PC 14451), and holds the Tax ID number EL094322719.
“Seller” means SV, registered Tax ID number EL094322719 (in these Terms and Conditions also means whose registered office is at Ippokratous 21 and Dexamenis streets, PC 14451)
“Buyer” means the person whose name is printed on the Order.
“Contract” means the order and Order Confirmation (incorporating any Special Conditions)
“Faulty” means containing a fault or defect; imperfect or defective.
“Goods” means the goods or services which the Seller is to sell in accordance with these Terms and Conditions of Business.
“Order” means the Buyer’s order for Goods or services.
“Order Confirmation” means the Seller’s written Confirmation pursuant to Condition 3(b).
“Price” means the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
“Person” means any person, firm or company.
“Special Conditions” any conditions in relation to orders set out and designated as such in the Order Confirmation.
“Terms and Conditions of Business” means the standard terms and conditions of business set out in this document.
“Writing” includes, other than for the purpose of Condition 9, email clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device
2. BASIS OF SALE
a. These Terms and Conditions of Business and any Special Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions of Business and the Special Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer.
c. The Seller’s employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods which are not confirmed in this way.
3. ORDERS AND SPECIFICATIONS
a. All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice.
d. The Seller endeavors to display and describe as accurately as possible the printed colors of the Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer' s monitor.
You agree that:
a. You may only use the website to make legitimate enquiries or orders.
b. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
c. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we use these details to contact you in the event that this should prove necessary (see our Privacy Statement).
d. If you do not give us all of the information that we need, we may not be able to complete your order.
By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
4. PRICE, PAYMENT AND CURRENCIES
a. Prices are clearly marked as being either inclusive or exclusive of VAT. VAT is added based on the final value of your order in the check-out process, at the rate applicable to your country. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
b. Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The Seller is multi-currency enabled, which means the Buyer can select the currency of his/her choice for viewing product prices and shopping cart summaries.
d. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller’s credit card, debit card or PayPal details before accepting the Buyer’s Order.
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. SHIPPING, RETURNS AND EXCHANGE CONDITIONS
SV’s current policy in shipping for any sales for the territory of Greece, is free of shipping fees.
SV’s current policy in shipping for any sales for the rest of the European countries is +15€ per shipment.
SV’s current policy in shipping for any sales for other countries (America, Australia, Asia etc) is +40€ per shipment.
Current terms may be amended at SV’s discretion and any amendment will be applicable 5 days, following its publication in its terms and conditions herein.
7. AVAILABILITY OF PRODUCTS
a. The items we offer on this website are available all over the world. Please see below our policy regarding extra cost that might occur in case of shipment outside of the EU. All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any amount of money that you may have paid.
b. Refusal to order
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances, which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.
8. RISK AND PROPERTY
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
9. RETURNS, REFUNDS AND RIGHTS OF CANCELLATION
a. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
(ii) in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
b. Notice of the wish to cancel must be made by email to the email address of firstname.lastname@example.org shown below.
c. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer’s specifications or clearly personalized.
d. In the case of cancellation under Condition 7(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
e. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
10. LIMITATION OF LIABILITY
a. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller' s obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser' s customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the stefania-vaidani.com website (www.stefania-vaidani.com), or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer' s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
e. In no event will any third party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to Buyer in connection with the services provided through the stefania-vaidani.com website. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.
11. INTELLECTUAL PROPERTY
a. This website is owned by the Seller and operated by stefania-vaidani.com. Unless otherwise noted in this website, stefania-vaidani.com owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of stefania-vaidani.com's copyright. Additionally, the stefania-vaidani.com website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of stefaniavaidani.net or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The stefaniavaidani.net logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the European Union and/or other jurisdictions, including the USA. stefania-vaidani.com' s graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of stefania-vaidani.com. stefania-vaidani.com's trademarks and trade dress may not be used in connection with any product or service that is not stefania-vaidani.com’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits stefania-vaidani.com. All other trademarks not owned by stefania-vaidani.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by stefania-vaidani.com.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
12. DATA PROTECTION
a. The Seller is a registered data controller within the meaning of the Data Protection Act 1998 (”the Act”) and Directive 95/46 EC concerning the protection of personal data.
13. FORCE MAJEURE - EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
a. Strikes, lock-outs or other industrial action
b. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war
c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
d. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
e. Impossibility of the use of public or private telecommunications networks
f. The acts, decrees, legislation, regulations or restrictions of any government
g. Any shipping, postal or other relevant transport strike, failure or accidents.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14. GENERAL AND MISCELLANEOUS
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed as provided in Condition 9(e) and on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place; or
* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Governing law and jurisdiction
(i) The Contract shall be governed by and construed in accordance with Greek law.
(ii) The parties irrevocably agree that the courts of Athens are to have exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the stefania-vaidani.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on stefania-vaidani.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the stefania-vaidani.com website is accurate, complete, reliable, current, or error-free.
i. Off-Site Links
A link to a non-stefania-vaidani.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
k. User Registration, eligibility and account activity
In registering for a stefania-vaidani.comuser name, the Buyer acknowledges and represents that he/she is an individual of at least 18 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the stefania-vaidani.com website is accurate. Falsifying or omitting contact information such as a member' s name, address, and/or telephone number when registering with stefania-vaidani.com is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
l. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer' s user registration for violating stefania-vaidani.comPolicies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
m. Seller' s right of removal of materials
The Seller reserves the right at any time with or without the Buyer' s prior consent and without liability to the Buyer in that regard to delete from the stefania-vaidani.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials which, at the Seller' s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
n. Buyer indemnification of stefania-vaidani.com
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from the Buyer' s submissions to the stefania-vaidani.com website, and/or from the Buyer' s unauthorized use of material obtained through the stefania-vaidani.comwebsite, and/or from the Buyer' s breach of the Contract, or from any other loss or damage of whatever kind suffered by the Seller caused by the Buyer' s use of the stefania-vaidani.com.
o. Seller' s right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides its services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller' s services on a regular basis should check the relevant links regularly before placing Orders.
15. COMPLAINTS/AMICABLE DISPUTE RESOLUTION
We welcome your comments and feedback. Please send all feedback and comments to us via our web form. Comments or complaints regarding an order, payment or delivery should be sent to the following address: stefaniavaidani.net. Alternatively, please contact our customer service. You may find telephone numbers in the Order Confirmation sent to you or on our “contact” page.