Agreement
This agreement (the “Agreement”) sets out the terms and conditions governing your use of our Website. As used herein, the terms “Achilles Olives”, “we,” “us,” and “our” means Achilles Olives, a Single Member Private Company. “You” and “your” means the person who is viewing or using our Website.
1. Your Contract with Us
By accessing our Website, you agree to the terms of this Agreement and agree that you will comply with all applicable laws. If you do not agree and accept, without limitation or qualification, this Agreement, you must stop your use and exit the site immediately.
2. General Description
Our Website enables you to browse our product range and purchase those product(s) for dispatch, to the recipient(s) details given at the time of order. The information, as described herein, is for general purposes and may be amended by us at any time, without notice. You may use our Website solely for the purpose of learning about our products and / or to make purchase any of our product range.
3. Your Personal Information
In order to purchase any of our products you must provide us with personal information to complete the transaction. You have the option to either create a user account, for retention of your data, or alternatively you can choose not to create an account and provide your information with each individual transaction. As such you represent and warrant that:
You have full authority to enter into this Agreement if;
You are not an agent acting for an undisclosed principal or third party beneficiary. In the event that you are acting for a third party, you agree to provide us with certified copies of identification evidence of such authorisations from the third party and obtain our express approval before acting on that third party’s behalf;
All information provided by you is accurate and complete, and you undertake to promptly notify us of any changes to such information;
You will ensure that your contact details provided remain accurate and up to date. We will use those details to contact you wherever required under this Agreement or in connection with your account. If you create a user account you can update your contact details at any time by logging into our Website. Alternatively you will need to notify us immediately via email should any information relating to the fulfilment of your order change;
We retain full discretion to refuse to accept any user account creation, if in our reasonable opinion we believe your account violates the terms and conditions set out in this Agreement.
3.1. Multiple Accounts
Multiple account creations are prohibited. You may create only one account, and each user must maintain a separate account. If we detect multiple accounts for a single user, we reserve the right to merge or terminate the accounts and refuse any further attempts to use our Website.
4. Unlawful and Impermissible Use
You agree not to use the Website for any unlawful activity, and we reserve the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, we reserve the right to report suspected unlawful activity to any appropriate regulatory, legal, and similar authority or person and to provide such authority or person any relevant information, including personal data.
5. Account Termination
We may terminate your account, suspend, or refuse your order at any time, without notice, if we reasonably suspect any security risk associated with your account or your order, or if we terminate your account for the reasons set out in this Agreement. We will endeavour to notify you prior to taking any such action. However, if prior notification is not practicable, we will promptly notify you by email after the suspension. We have no obligation to notify you should such a notification be impossible or unlawful.
5.1. Termination
We may immediately terminate your account and this Agreement at any time without prior notice if in our reasonable opinion:
we determine in our sole discretion that you are not eligible to use our Website or for improper use;
you have materially breached the law or the terms of the Agreement;
you engage in behaviour that we in our sole discretion view as suspicious or otherwise of concern;
duplicate accounts are opened for the same person;
we have repeated difficulty to get in touch with you by the telephone number and email address you have provided;
you, your bank, and or PayPal initiate a chargeback or rejection of an attempted payment;
You may terminate your account at any time by contacting us via email. Termination, whether by you or by us, shall not affect prior orders or (except where required by law) obligations under this Agreement existing at the time of termination. Upon termination will may retain records of your order history, but your account and personal information will be deleted.
6. Data Protection & Privacy
The protection of your personal data is very important to us and therefore our Privacy Policy forms an integral part of this Agreement. Please take a moment to review and familiarise yourself with how we collect, use and disclose information you share with us by accessing and using our Website.
7. Product Information
Our products conform in all respects with all applicable Laws at the date of production. This includes, but is not limited to, labeling, hygiene, safety, and quality.
If you have any concerns or questions with regards to our products and their ingredient you should contact us before placing an order.
7.1. Labeling & Packaging
Our products will be labeled and packaged with product name, net weight and drained weight, best before date, ingredients, storage instructions, and any applicable health warnings such as allergens.
We will not be held liable for losses or damages alleged to result from any personal allergies. It is your sole responsibility to carefully observe our labeling before your consumption.
7.2. Weights & Measures
We use an average quantity system meaning; we label our products with the average weight and or volume for each packaged product sold. Our website therefore displays the average weight and or volume. You therefore acknowledge this and accept individual packaged weight and or volumes may vary. We use this method to ensure our products retain their original qualities and reach you as nature intended.
7.3. Pricing & Inaccuracies
Product pricing (excluding delivery) will be as displayed upon our Website at the time of your order. In the event that we mistakenly list one or more of our products at an incorrect price or with incorrect specifications, we reserves the right to refuse or cancel you order. This includes orders that have already been processed for payment. In the event payment has already been made we will of course issue a full refund. In no event will we be obligated to fulfill your order at the incorrect price.
8. Payment Terms
Payment must be made in full at the time of your order placement. Your order will only be processed once payment has been received. We ONLY accept payment via PayPal. We do not accept any other payment method such as, debit or credit card, mailed check, electronic check, domestic wire transfer, or Bitcoin.
8.1. Payment by PayPal
– When using PayPal, you will need to provide your email address used in conjunction with PayPal, this is deemed Your PayPal Account.
– By providing your PayPal email address, you represent that your PayPal account payment details are correct, that you are authorised to access and transmit funds from your PayPal account.
– If you have insufficient funds in your PayPal account, you understand PayPal will request and take the funds from your Bank account as a means of making payment.
– Your PayPal account details will be retained against your users account and for the duration your user account is active.
8.3. Exchange Rates
We do not manage exchange rates, and you accept any financial loss or gain due to hidden charges or changes of exchange rate outside of using our services.
For the avoidance of doubt, we will only accept payment in (€) euros.
9. Cancellation of Order(s)
You may cancel your order within 14 days of order placement, or at any time thereafter, if we have not yet processed your order. Once an order has been processed it cannot be reversed. If you cancel your order within 14 days we will issue a full refund. We will not be liable in any way for any loss you suffer as a result of your order being carried out in accordance with your instructions. If you believe there is an error in connection with an order or other problem, then you must notify us immediately.
10. Refusal of Order(s)
We reserve the right in our sole discretion to refuse any order. Reasons for refusal may include but are not limited to an inability to match your user account information, incorrect payment details or insufficient funds for payment. We generally will attempt to notify of you of any refusal, using the contact information provided as part of your order or user account creation. We will not notify you of a refusal where to do so would be unlawful.
11. Delivery
With regard to your order delivery:
We will packaged your products securely and suitably to ensure they retain their original qualities and appearance.
Each delivery will be accompanied with an order note identifying the contents, quantity, customer and delivery details.
Delivery will be to the location as you detail on your order. We will not be held liable for a failure to deliver if you do not give us adequate delivery instructions.
Any dates quoted for delivery are approximate only.
International orders may be subject to import duties and taxes which you will be responsible for, and are applied when the delivery reaches that destination.
You must comply with all applicable laws and regulations of the country for which your order is destined. We will not be liable or responsible if you break any such law.
12. Force Majeure
For the purposes of this Agreement, Force Majeure means any event that is beyond our control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, extreme weather conditions or default of suppliers or subcontractors.
We shall not be liable to you as a result of any delay or failure to perform our obligations under this Agreement as a result of Force Majeure.
If Force Majeure prevents us from fulfilling your order for more than 4 weeks, we shall, without limiting our other rights or remedies, terminate your order without notice.
13. Limitations of Liability
Whilst we make every endeavor to make our Website as easy as possible to use we nor any of our employees, officers, directors, service providers, or subcontractors will be liable:
For losses or damages alleged to result from our failure to properly complete an order;
For losses or damages alleged to result from our delay in completing your order;
For system or device malfunctions during your use of the Website;
For errors made by you;
For losses or damage arising from your misuse or inability to use our Website, whether due to reasons within our control or not;
For losses or damage arising from our decision to terminate your account;
For circumstances beyond our control (Force Majeure) that prevent or affect your order.
14. Disclaimer of Liability
IN PROVIDING OUR WEBSITE TO YOU, NEITHER WE NOR ANY OF OUR EMPLOYEES, DIRECTORS, LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS MAKES ANY EXPRESS WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO OUR WEBSITE EXCEPT AS SET OUT IN THIS AGREEMENT, AND ALL IMPLIED AND STATUTORY WARRANTIES AND REPRESENTATIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL WE, OR ANY OF OUR EMPLOYEES, DIRECTORS, LICENSORS, SERVICE PROVIDERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER BASED ON NEGLIGENCE, WILFUL MISCONDUCT, TORT, CONTRACT OR ANY OTHER THEORY OF LAW, OR FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF INCOME, FAILURE TO REALISE EXPECTED REVENUES OR SAVINGS, LOSS OF PROFITS OR ANY ECONOMIC OR PECUNIARY LOSS.
15. Indemnification
You agree to indemnify, defend, and hold harmless Achilles Olives, its employees, directors, licensors, service providers or subcontractor from and against all losses, expenses, damages, and costs, including legal fees, resulting from any violation of this Agreement or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing our Website using your account. You are responsible for the safeguarding and non-disclosure of your user name and password to anyone.
16. Prevailing Law
This Agreement is governed by Greek law. Any dispute between you and us and / or this Agreement may be brought in the courts of Greece.
17. Intellectual Property
Unless otherwise stated, our Website, Logo, and Products (including their design and materials) are copyrights, trademarks, trade dress, intellectual property owned, controlled, or licensed by Achilles Olives. Anyone wishing to use any of the above for commercial purposes must first seek written consent from us.
18. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest of this Agreement will not be affected.
19. Assignment
You may not transfer or assign this Agreement to any other person without our prior written consent. We may assign our obligations to you under this Agreement without your consent or any prior notice.
20. English Language
This Agreement is provided to you in English. For the avoidance of doubt, any non-English version of the Agreement is provided for translation purposes only. In the event that any conflict arises between the English and non-English versions of the Agreement, the English version prevails.
21. Entire Agreement
This Agreement and any document expressly referred to in it constitutes the whole agreement between us and supersedes any previous discussions, correspondence, arrangements or understandings between us.
22. Changes to this Agreement
We may amend this Agreement at any time by posting a revised version on our Website. In the event that we do make a change during your use of our website, the original Agreement shall apply, except where a change is required by the applicable law to take effect sooner. For the avoidance of doubt, any Change which we believe in our reasonable opinion neither reduces your rights nor increases your responsibilities shall be deemed to be effective immediately.
23. Complaints
If you are not satisfied or should you wish to make a complaint please get in touch immediately. First contact us via email to achilles.olives@gmail.com so we can do everything possible to resolve the situation as quickly as possible.
24. Business Day
The term Business Day for purposes of this Agreement means Monday to Friday, between the hours of 9:00-18:00 EET, on which we are open and reachable for business. Days that we are not open for business are Public Holidays applicable to Greece. Of course you can email us anytime and we will endeavour to response during the next Business Day.
25. Contact Us
If you have any questions or problems using our Website, you should contact us, via email to achilles.olives@gmail.com. Any notice of legal claim or other process pursuant to this Agreement shall be delivered in writing and via post to: Achilles Olives, Palaiokerasia, 35300, Stylida, Greece.