terms & conditions

September 2020

www.nemesis-sandals.com
Online Sale of Goods

IMPORTANT: PLEASE READ

WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.

BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

In these Terms:

“Website” means Our website at www.nemesis-sandals.com

“Goods” means the goods which We will supply to You in accordance with these Terms and Conditions.

“Order” means an order which You place with Us detailing the Goods You wish to buy from Us.

“We/Us/Our” means “NEMESIS SANDALS” – a company registered in Athens – Greece. Our registered office is 86, Mesogeion Street, Marousi / Athens 15125, Greece.

“You/Your” means you, the person using Our Website and/or buying Goods from Us.

1. HOW THESE TERMS AND CONDITIONS APPLY

1.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.

1.2 When You use the Website, We may gather information about You and Your visit to the Website. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern Our relationship with You and form the contract between us (“Contract”).

Section A: Terms of Website Use

2. ABOUT THIS WEBSITE

2.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with Greek law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.

2.2 This Website is operated by “NEMESIS SANDALS”, a company registered in Athens – Greece. Our registered office is 86, Mesogeion Street, Marousi / Athens 15125, Greece.

3. OUR RIGHTS IN THE WEBSITE

The copyright and other ownership rights (known as “Intellectual Property Rights”) in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website (© NEMESIS SANDALS 2016 – 2020. All Rights Reserved.) Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.

You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.

We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.

4. WEBSITE CONTENT

We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website.

Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an “AS IS” basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.

We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.

We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.

We do not guarantee that this Website will always be available or be free from error, virus or similar.

We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.

5. HOW YOU MUST USE THIS WEBSITE

By registering for the Nemesis Sandals service, you agree to receive our updates, newsletters, privilege e-mails, events e-mails, and other communication from Nemesis Sandals. E-mail preferences can be adjusted and fully deactivated in your profile. In case of non-activation, non-renewal or termination of your account, Your access to Nemesis Sandals website may be restricted with immediate effect. Nemesis Sandals may continue to send You communications after Your access to the Nemesis Sandals webpage has been restricted. For this purpose, we store Your personal data and may store account data in order to facilitate access to the Service at a later date (content added to the Nemesis Sandals including private data, posted comments, messages, and more), and to enable Nemesis Sandals to keep You up to date of our activities by sending communications. You may opt out of such communications via unsubscribe links, and have the right to be forgotten according to Art. 17 GDPR, by contacting [email protected]

All information which You submit should be accurate, truthful and should not be copied.

Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.

You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.

You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.

We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.

If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.

We may refuse access to this Website to anyone who does not comply with these Terms.

Section B: Terms of Sale

6. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS

6.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.

6.2 Any variation of the Contract must be expressly agreed between You and Us.

6.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.

Step 1 – Choosing your Goods

You can select a product for purchase by clicking on the item which You are interested in and then clicking on “Add to Basket”.

Step 2 –Reviewing Your Basket

You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking ‘Remove’ and viewing the basket total value. You can also enter any promotional code which You may have. You can then continue shopping and adding to Your basket if You wish or if You don’t want to buy anything else, go straight to the next step.

Step 3 – Going to Checkout

Once You have finished shopping, You can proceed to Checkout by clicking on “Continue” or by hovering over the basket icon in the top right hand corner of the page and then clicking “Checkout”.

Step 4 – Customer registration

You will then be asked whether You are a guest or an existing customer. To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognized next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed.

Step 5 – Completing Your Address and Delivery Details

If You are a guest Customer, You will be given a list of delivery options. Once You have chosen Your option, You will be asked to enter Your delivery address or a town or postcode to find your nearest collection point. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.

Step 6 – Your Order Summary and Payment Information

You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click “Place Order & Pay”.

Step 7 – Placing Your Order

By clicking on “Place Order & Pay”, You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.

Step 8 – Order Acknowledgement

Once We have received confirmation that Your payment has been authorized, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on dispatch of Your Order.

6.4 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:

6.4.1 We are unable to obtain authorized payment or the payment process is incomplete; or

6.4.2 We identify a product or pricing error on the Website; or

6.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or

6.4.4 We suspect that Your Order is related to fraudulent activity; or

6.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or

6.4.6 Goods are unavailable or out of stock.

6.5 We may contact You by telephone or email to verify details before We are able to process and dispatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.

6.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.

7. PRICE AND PAYMENT

7.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in Euro currency. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website. The delivery charge for the Order is shown on the shopping basket page below Your chosen items.

7.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your account.

7.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.

7.4 We must receive payment for the Goods in full before they are dispatched.

7.5 We accept payment via Paypal only. When you use PayPal, your financial information is kept private and every PayPal payment is followed by an email confirming your transaction. If you want to learn more about the payments and opening an account with PayPal, please visit PayPal website. When placing an order, the total amount will be debited from your account at PayPal and there are no additional costs to use this service.

8. RETURNS

If You Change Your Mind

8.1 You have a legal right to cancel the contract (subject to certain exceptions set out below) without giving any reason within 14 days of the day after You receive the Goods. This is the “Cancellation Period”.

8.2 You can cancel by sending Us the cancellation form provided by e-mail to [email protected] You should keep evidence of having given notice of cancellation, such as an e-mail receipt.

8.3 You must return the Goods to Us (at your own risk and cost) within the Cancellation Period. We will not be responsible for any costs associated with returning the Goods to Us.

8.4 The Goods must be returned unused with the original packaging and sandals’ under sole membrane cover intact.

8.5 We ask that Goods are returned to Us to the address stated during the return procedure and by Registered Post ONLY in order to avoid any customs delays.

Cost of return is not covered by Nemesis Sandals. Bear in mind that We will not accept carriage due or payment on delivery and will not pay the delivery or return charges. If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us.

8.6 The refund period may vary between 5 and 10 working days from reception of Your return at Our premises. Once We have inspected the condition of the returned items, We will notify You by an e-mail. The refund will be made using the same payment method used to purchase the item.

8.7 You do not have the legal right to cancel any Goods which have been personalized to your requirements.

8.8 If you simply want to exchange the Goods You have ordered, you can do so within 14 days of the day after You receive the Goods.

If Things Go Wrong

8.9 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.

8.10 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within 10 days and notifying Us accordingly.

8.11 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 8.1 to 8.8 above although this does not affect your statutory rights. Subject to Clause 9 below, the remedy in this Clause 8.11 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.

8.12 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.

8.13 Your Refund rights are limited to those set out in Clause 8.6 and Clause 8.11

10. DELIVERY

10.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to “working day” shall mean any day of the week excluding Saturdays, Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate.

10.2 Our Sandals are handmade upon order, therefore please allow a time period of approximately 15 days to prepare them. In case of stock items, We will let you know by e-mail.

10.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.

10.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.

10.5 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by email or letter using the contact details set out at Clause 8.5, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.

10.6 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods.

10.7 If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.

Delivery Restrictions

10.8 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.

11. OUR RIGHTS IN THE GOODS

All ownership rights known as intellectual property rights in the Goods including all designs, trade mark, brand name, images and logos are and shall remain Our property. At no time shall any rights, title or interest in the intellectual property rights pass to You.

12. GENERAL

12.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.

12.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.

12.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.

12.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.

12.5 This Contract is subject to Greek law and both We and You agree that any dispute arising under or connected to it will be decided by the Greek courts.

12.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.

12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.

12.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:

12.8.1 on the day on which it is left if You deliver the notice by hand; or

12.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or

12.8.3 on the day on which it is sent correctly if by fax or email; and in each case it should be sent to the address set out at Clause 8.5

12.9 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.

12.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address below.

NEMESIS SANDALS
86, Mesogeion Street,
Marousi / Athens 15125,
Greece.
[email protected]