TERMS AND CONDITIONS OF PURCHASE AND USE

FOR THE GRANDOPTICAL.GR E-SHOP

1. Introduction

These Terms and Conditions of Purchase and Use (along with the Privacy Policy and the Cookies Policy) lay down the terms and conditions governing use of this website (www.grandoptical.gr) and the purchase of products via this website (hereinafter the Terms and Conditions).

Please read these Terms and Conditions, the Cookies Policy and the Privacy Policy (both hereinafter referred to as “Data Protection Policies”) carefully before you start using this website. By using this website or by submitting an order via it, you agree that you are bound by these Terms and Conditions and the Data Protection Policies. Consequently, if you disagree with the Terms and Conditions and/or the Data Protection Policies, you are asked not to use the website.

These Terms and Conditions may be amended. It is your responsibility to read them at regular intervals since the Terms and Conditions which are in effect at the time the Contract is concluded (as defined below) are the ones applicable.

If you have any queries about the Terms and Conditions or Data Protection Policies, you can contact us using the contact form.

The Contract (as defined below) may be implemented at your option in any of the languages in which the Terms and Conditions are available on this website.

2. About us

The website (www.grandoptical.gr) includes the e-shop of the company “GrandVision Hellas Optical Wear Trading and Distribution Co. S.A.”, whose registered offices are in Athens at 1A Zoodochos Pigis Street, GR-10678, Athens, Greece, Tax ID No. 999212390 / Athens FAE Tax Office, GCR No. 124008301000.

3. Your data and your visits to this website

The information or personal data you provide is processed in accordance with the Data Protection Policies. By using this website you declare that all information and data you provide is true and accurate.

4. Use of our website

By using this website and/or submitting an order via it, you undertake:

a.Not to place false or fraudulent orders. If we reasonably consider that such an order has been placed, we are entitled to cancel it and inform the competent authorities.

b.To provide us with your correct and accurate email address, postal address and/or other contact details. You also accept that we can use this information to contact you if that is considered necessary (see the Privacy Policy).

If you do not provide all the information we need, we cannot process your order.

By placing an order on the website you state that you are at least 18 years old and that you have the ability to enter into binding agreements.

5. Availability of Services

The products offered via this website are available only in Greece (excluding Mt. Athos on the Athos peninsula).

If you are in another Member State of the European Union and want to order products from this website, you are welcome to do so.  However, the products ordered can be delivered only to a GRANDOPTICAL store in Greece or to the dispatch address you provide, which must be located in Greece.

6. How is the Contract entered into?

The information contained in these Terms and Conditions and the detailed information set out on this website do not constitute a sale proposal but an invitation to enter into a contract. No contract has been entered into between us and you in relation to any products unless your order is expressly accepted by us. If we do not accept your order and the monies have already been removed from your account, they will be returned in full.

To place an order you will be asked to follow the purchase procedure and press the “Approve Payment” button. You will then receive an email from us confirming that your order has been received (Confirmation of Order). The Confirmation of Order does not mean that your order has been accepted, since it is an invitation from you to us to enter into a contract and purchase one or more products. All orders are subject to acceptance by us and such acceptance will be confirmed by sending an email confirming that the product has been dispatch (“Confirmation of Dispatch”). The contract for the purchase of a product between us (the Contract) will only be deemed to have been entered into when the Confirmation of Dispatch is sent to you.

This Contract shall relate only to products whose dispatch has been confirmed in the Confirmation of Dispatch. We are not obliged to supply you with any further products which may be part of your order, unless the dispatch of the said products is confirmed by a separate Confirmation of Dispatch.

7. Product Availability

All product orders are subject to availability. In light of that, in the case of difficulties in restocking or where product stocks become exhausted, we reserve the right to inform you about similar products of equal or superior quality and value which you can order. If you do not want to order such similar products, we will return in full any amount you may have paid.

8. Rejection of Order

We reserve the right to withdraw any product from this website at any time and/or to remove or edit any material or content on the website. Although we make every possible effort to process all orders submitted to us, there may be exceptional circumstances under which we may need to reject the processing of an order once we have already sent you the Confirmation of Order, which we reserve the right to do at any time at our unfettered discretion.

We bear no liability to you or any third party for withdrawing any products from this website or for removing or processing any materials or content on the website or for refusing to process or accept an order after we have sent the Confirmation of Order.

9. Delivery

Without prejudice to the provisions of term 7 above on product availability, and subject to exceptional circumstances in this case, we will make concerted efforts to complete your order for the product(s) stated in the Confirmation of Dispatch by the delivery date specified in the Confirmation of Dispatch or, if no delivery date has been set, within the time period calculated which appears when you choose the payment method, and in all events within 30 days at the latest from the date of Confirmation of Order.

Despite that, delays may arise in cases where products are adjusted to customer requirements depending on the delivery area or on unforeseen circumstances.

If for any reason we cannot meet the delivery date, we will inform you about this and we will offer you the option to continue the purchase, setting a new delivery date, or cancel the order with a full refund. Note that no deliveries are made on Saturdays and Sundays.

For the purposes of these Terms and Conditions, delivery of each product shall be deemed to have been made or the order shall be deemed to have been delivered when you or a third party designated by you, other than the carrier, has taken physical possession or control of the products, which shall be proven by signing the receipt for the order at the agreed delivery address.

10.  Inability to Deliver

If, after the passage of 15 days from the moment your order is available for delivery, the order has not yet been delivered for reasons not due to our fault, we will consider that you wish to cancel the Contract and the Contract will be deemed to have expired. As a result of expiry of the Contract, we will return all payments we received from you, including delivery costs (apart from any additional delivery costs which arise in the case where you have chosen a delivery method other than the basic and least expensive method we offer you) as soon as possible and in all events within 14 days from the date on which the Contract expired.

However, please note that the transportation costs which arose from expiry of the Contract may be higher, and we are entitled to charge you those amounts.

11.  Transfer of risk and ownership of products

The risk of loss or damage to the goods is transferred to the consumer when he/she or a third party designated by the consumer, other than the carrier, has taken physical possession of the goods. However, the risk shall be transferred to the consumer upon delivery to the carrier if the carrier has been mandated by the consumer to transport the goods and this choice was not offered by the supplier, without prejudice to the consumer's rights vis-à-vis the carrier.

Ownership of the products passes into your hands either upon collection in full of all amounts owed in relation to the products, including shipping costs, or upon delivery thereof (as defined in term 9 above) if paid after collection.

12.  Price and Payment

The price of each product will be that specified at any time on our website, apart from cases of obvious error. We always take care to ensure that all prices on the website are accurate, but errors may occur. If you notice a clear error in the price of any product you have ordered, we will inform you as soon as possible and give you the opportunity to confirm the order again at the proper corrected price or cancel it. If it is impossible to contact you, we will consider your order cancelled and we will return all amounts you have paid to you in full.

We are not obliged to supply you with any product at the wrong lower price (even if we have sent you the Confirmation of Dispatch) in the case where the error in price is clear and indisputable and can reasonably be recognised by you as an erroneous price.

The prices on our website include VAT but not the shipping costs, which are added to the total price and will be presented to you before Approval of Payment.

Prices may change at any time; however, without prejudice to the points made above, any changes will not affect orders for which a Confirmation of Order has already been sent to you.

Once you have chosen all the products you want to purchase, they will be added to your shopping basket and the next step is to finalise the order and make payment. To do this, follow the steps in the purchase process by filling out or verifying the information requested in each step. Moreover, during the purchase process, before payment you can change the particulars of your order. Please find a detailed description of the purchase procedure in the Shopping Guide. Moreover, if you are a registered user, the file with all your orders is available in the Order History field.

Payment can be made using credit cards, debit cards, cash upon delivery, credit cards upon delivery, debit cards upon delivery, bank deposit and PayPal.

You can also pay all or part of the value of your purchase using a gift card or credit voucher GRANDOPTICAL issued by GrandVision Hellas S.A.

To minimise the possibility of unauthorised access, your card details will be encrypted. Once we receive your order, we will request advance approval for your card to confirm that there are adequate funds to complete the transaction. Your card will be debited only if your order is sent for delivery from our warehouses.

If payment is made via PayPal, the amount will be debited when your order is confirmed.

When you click on ‘Approve Payment’, confirm that the credit card belongs to you or that you are the lawful holder of the gift card or the GRANDOPTICAL credit note.

Credit cards are subject to validity checks and approval by the card issuer. If the card issuer does not approve payment, we bear no responsibility for any delay or non-delivery and we will not be able to enter into a contract with you.

13.  Shop without registering/Shop as a guest

This website also allows purchases to be made using the “Shop as a guest” function. This purchase method requires only the data essential to process your order. Once the purchase process is completed, you will be given the opportunity to register as a member of the site or continue as an un-registered member.

14.  Value Added Tax

Under the applicable rules and legislation, all purchases made via this website are subject to Value Added Tax (VAT).

In this context, in accordance with Chapter I of Title V of European Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, as transposed into the Greek VAT Code, the place of supply is the Member State of the address where the products are to be delivered (i.e. Greece) and the applicable VAT rate in Greece is applicable.

15.  Returns Policy

15.1 Statutory right to cancel the contract

 Right to cancel the contract

If you enter into the contract as a consumer, in accordance with Article 3e of Law 2251/1994 you can cancel it (apart from cases where one of the products referred to in term 15.2 below is concerned, where the right to cancel is not provided) within 14 calendar days without providing reasons.

The cancellation period shall end 14 calendar days after the date on which you or a third party designated by you, other than the carrier, took physical possession or control of the products, or in the case of an order consisting of several products, 14 calendar days after the date on which you or a third party designated by you, other than the carrier, took physical possession or control of the last product.

To exercise your right to cancel, you can either inform GRANDOPTICAL by mail at the address cited in term 2 or by calling +30 2106086636 or by sending an email to:  eshop@grandoptical.gr, or by filling in our contact form, expressly stating your decision to cancel the Contract (e.g. by sending a letter or email by post). You can also use the cancellation form shown in the Annex attached below, but it is not mandatory.

To cancel in good time, it is sufficient to send your notice about exercise of the right to cancel before the end of the cancellation period.

 Results of cancellation

If you cancel the Contract, we will return to you without undue delay, and in all events within 14 days from the date on which we were informed about the cancellation, all payments we have received from you, including delivery costs (apart from any additional delivery costs to the original delivery location which arise in the case where you have chosen a delivery method other than the basic and least expensive method we offer you). The return will be carried out using the same payment method used for the original transaction. In all events, you will not be charged costs arising from the return of the monies. Without prejudice to the above, we can in all events withhold the refund of the price either until we receive all products back or until we receive proof that you have returned the products, whichever occurs first.

You can hand return and deliver the products to any GRANDOPTICAL store in Greece without undue delay and in all events no later than 14 days from the date on which you informed us that you had cancelled this Contract. It is considered that you have done so in good time if you have given the products for dispatch before the 14-day deadline elapses.

You will be charged with the direct cost of returning the products, save where you hand-delivered them to any GRANDOPTICAL store in Greece or hand them over to a courier which we can send after making arrangements with you.

You are responsible for any reduction in the value of products as a result of such handling, which affects their nature, characteristics and functionality.

15.2

You cannot cancel the Contract when the scope of the Contract includes any of the following products:

• All products tailored to clients' needs and requirements.

• Sealed products which are not suitable for return for sanitary reasons, where they were opened after delivery.

Your right to cancel the Contract shall only apply to products which are returned in the same condition in which they were received. No amount will be returned to you if the product has been used after it was opened, if the product is not in the same condition as it was in when it was delivered or if it has been damaged. Consequently, you need to ensure that products are carefully looked after while in your possession. Please return the products using or including their original packaging, instructions and any other document which may accompany the products. In all events, the products must be returned along with the receipt you received when they were delivered. When you receive the order, you will find a summary of how you can exercise your right to cancel.

 After cancellation, the relevant products must be returned as follows:

a) Returns to any GRANDOPTICAL store

You can return any product to any of the GRANDOPTICAL stores in Greece. In this case you need to go to the store and present the receipt you received when the products were delivered, duly filled out, along with the product.

b) Courier returns

If you choose to return a product via a courier, you should contact us using our online contact form or by calling +30 2106086636 to arrange for the product to be picked up from your home. You should return the product in the same packaging in which you received it, by following the instructions outlined in the section entitled “RETURNS POLICY” on this website. If you purchased it as a visitor, you can request a return via a courier by calling +30 2106086636.

None of the above options entail additional costs for you.

If you choose not to use any of the available free return methods, you will be charged the cost of return. Please bear in mind that if you want to return the goods to us in any other way, we are entitled to charge you the direct costs which may be incurred for delivery of the products in that way.

Having examined the returned product in detail, we will inform you of whether you are entitled to a refund. Shipping costs shall only be refunded in the case where the statutory right to cancel is exercised (see term 15.1) within the statutory deadline, provided that all goods comprising the package are returned. The monies shall be returned as soon as possible and in all events within 14 days from the date on which you notified us of cancellation. Without prejudice to the above, we can in all events withhold the refund of the price either until we receive all products back or until we receive proof that you have returned the products, whichever occurs first. Money will always be returned using the same method as used for payment

We bear no liability for the costs and risk of returning the products to us, as outlined above.

If you have any queries, you can contact us using our online contact form or by calling +30 2106086636.

15.3                                                                       15.3 Returns of defective products

If you consider that the product you ordered does not comply with the terms of the contract at the time of delivery, you should contact us immediately using our online contact form, describing in detail the product and the defect, or by calling us at

+30 2106086636, and we will give you instructions about what you need to do.

You can return the product to any of the GRANDOPTICAL stores in Greece or hand it over to the courier company which we will send to you at home after arrangements are made. The defective product must be returned along with the receipt you received when it was delivered.

We will carefully examine the returned product and will inform you by email within a reasonable time if you are entitled to a refund or replacement (if applicable). Money will be refunded or the product replaced as soon as possible and in all events within 14 days from the date on which we confirmed by email that you are entitled to a refund or replacement for the defective product.

In the case of defective products, the amount paid shall be returned in full, including shipping costs and any other reasonable expenses you incurred in returning the product. Money will always be returned using the same method as used for payment when the products were purchased.

Your statutory rights under the legislation in force from time to time are not affected.

15.4. Right to cancel and return products ordered from abroad

If you have ordered products via this website from another Member State of the European Union, other than Greece, the above points on returns apply subject to the restriction that the returns via courier we specified can be done only at the initial address within Greece where the product was delivered.

At the same time, we would like to inform you that we are not obliged in any way (except in the case of defective products, where this term does not apply) to pay the shipping costs when the place of return is different from the original delivery address and the return costs when the place of return is outside of Greece.

16.  Liability and Disclaimer

Save where these terms expressly state otherwise, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of the said product.

Without prejudice to the above, our liability is not precluded or limited in the following cases:

a. In the event of death or bodily harm due to negligence on our part,

b. In the case of fraud or fraudulent deceit or

c. In any case where it would be unlawful or unfair on our part to exclude or limit, or to attempt to exclude or limit, our liability.

Without prejudice to the previous paragraph, to the extent permitted by law, unless these terms state otherwise, we shall not assume any liability for the following losses, irrespective of the reason for them:

a. Loss of income or revenue

b. Loss of commercial activity c. Loss of profits or contracts

d. Loss of expected savings e. Loss of data and

f. Loss of time or working hours.

Due to the open nature of this website and the possibility of errors when saving and transmitting digital information, we do not guarantee the accuracy and security of the information sent to or received via this website, unless otherwise expressly stated on the website.

All product descriptions, information and materials posted to this website are provided ‘as is’ without any further guarantee, whether express or tacit, apart from the guarantees provided for by law. In light of that, if you enter into a transaction as a consumer or user, we are obliged to deliver products which are in accordance with the Contract, assuming responsibility for any lack of conformity which exists at the time of delivery. Products shall be deemed to be in accordance with the Contract when: a) they are in accord with the description and quality described by us on this website, b) they are fit for the purposes for which normal products of this type are used, and c) they have the quality and performance that is normal for products of the same type and that is reasonably expected. To the extent permitted by law, we waive all guarantees apart from those in favour of consumers and users which cannot be lawfully excluded.

The provisions of this term do not affect your rights as a consumer or user nor your right to cancel the Contract.

17.  Intellectual property

You accept and agree that all copyright, trademarks and all other intellectual property rights relating to all materials and content provided as part of the website belong to us or to those who grant us a license to use them. Use of that material is only permitted by you to the extent that is expressly approved by us or the licensees. This does not prevent you from using this website to the extent required to create a copy of an order or contract details.

18.  Viruses, Piracy and other e-crimes

You are not permitted to make improper use of this website by knowingly transmitting viruses, Trojan horses, worms and other malicious software or other malicious or technologically harmful items. You are not permitted to attempt to gain unauthorised access to this website and its server or any other server, computer or database connected to our website. You undertake not to attack the website through a denial of service attack or a distributed denial of service attack.

Breach of this obligation may constitute a criminal offence under the applicable legislation. Any such infringement shall be reported to the competent prosecuting authorities with which we will cooperate in order to reveal the identity of the electronic offender. Likewise, in the case of such an infringement, your right to use this website will be terminated immediately.

We bear no liability for any loss or damage which may be caused by a denial of service attack, viruses or other type of malicious software or technologically harmful item which could affect your computer, its parts, data or any other hardware due to use of this website or downloading materials contained on it or similar materials from another website referred to on this website.

19.  Links on our website

Our website may contain links to other websites and sources provided by third parties. These links are provided solely for information purposes. The content of these websites or sources is not under our control. Consequently, we bear no liability whatsoever for any loss or damage which may be caused by use of the said links.

20.  Written communication – Promotional Actions

The applicable legislation requires that certain information or updates sent to you be in written format. When you use our website, you accept that communication with us will primarily take place in electronic format. We will contact you for promotional actions by email if you have first given your consent for this or provide information by posting notices on our website. If you have given your consent in accordance with the above and acknowledge that all contracts, notifications, information and other notices we provide online are in line with all legal requirements under which such communication must be in writing. This term does not affect your statutory rights.

21.  Notices

All notices sent by you to us must be submitted to the following contact details:   eshop@grandoptical.gr +30 2106086636. Without prejudice to term 20 above, and save as otherwise specified, we are entitled to notify you by email or by mail at the address you provided when your order was submitted.

The notice shall be deemed to have been duly served and received as soon as it is posted on our website or 24 hours after an email is sent or 3 days after the date on which any letter is sent. Sufficient proof of delivery of each notice shall be, in the case of a letter, the fact that the said letter bears the correct address, postal fees and that it has been delivered to the post office and, in the case of email, that the said email was sent to the recipient’s designated email address.

22.  Transfer of rights and obligations

The Contract between you and us is binding on both our assignees and successors in title.

You may not transfer, assign, charge or otherwise dispose of a Contract or any of your rights or obligations deriving from it without our prior written consent.

We reserve the right to transfer, assign, charge, subcontract or otherwise dispose of a contract or any of our rights or obligations deriving from it at any time during such time as the Contract is in effect. For the avoidance of doubt, any such transfer, assignment, charge or other form of disposal shall not affect your statutory rights as a consumer nor shall it invalidate, reduce or otherwise limit any express or implied guarantee which we may have provided to you.

23.  Force Majeure Events

We shall not be liable or responsible for any inability to discharge, or any delay in discharging, any of our obligations under a Contract which has been caused by events which are not within our reasonable control (Force Majeure Event).

Force majeure means any act, event, inability to carry out, omission or accident which is not subject to our reasonable control and includes in particular (but not limited to) the following:

a. Strikes, lockouts or other trade union activities.

b. Social unrest, uprising, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

c. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

d. Inability to use railways, ships, aircraft, motor vehicles or other public or private means of transport.

e. Inability to use public or private telecom networks.

f. Acts, decrees, laws, regulations or governmental restrictions.

g. Any strike, damage or accident to coastal shipping or postal services or other means of transport.

Performance of our obligations under any Contract shall be deemed to be suspended for the period during which the Force Majeure Event lasts and the time required to discharge our obligations shall be extended for a period equal to the duration of that period. We will make every reasonable effort to bring the Force Majeure Event to an end or to find a solution which will make it possible to discharge our obligations under the Contract despite the Force Majeure Event.

24.  Waiver of rights

If at any time during such time as a Contract is in effect we do not seek to strictly discharge any of your obligations under the Contract or any of these terms and conditions, and/or if we cannot manage to exercise any of the rights or remedies we are entitled to under the Contract or these terms, that shall not constitute a waiver or restriction on our rights and remedies and shall not release you from the obligation to comply with your obligations.

Our waiver of any individual claim does not constitute a waiver of any similar claim in the future.

No waiver by us of any of these terms or of the rights and remedies we have under this Contract shall be deemed to be valid unless it is expressly stated that it is a waiver and notified in writing to you in accordance with the provisions of the notices above.

25.  Partial invalidity clause

Where a competent authority determines that some of these Terms and Conditions or provisions of the Contract are invalid, unlawful or non-enforceable to any extent, the said terms or provisions shall be severed to that extent from the other terms and provisions which shall continue to apply to the extent permitted by law.

26.  Entire Agreement

These Terms and Conditions and any document expressly referred to herein constitute our entire agreement in relation to the scope of each Contract and replace any prior written or oral agreement, arrangement or settlement reached between us.

We both acknowledge that in order to conclude a Contract, none of us relied on any statement, commitment or promise which may have been made by the other contracting party or which was implied orally or in writing during negotiations between us before the said Contract, unless otherwise expressly specified in these terms and conditions.

No party may seek a remedy in relation to any false representation made by the other party, either orally or in writing, before the date of each Contract (unless the false representation was made with dolus) and the exercise of remedies by the other party shall be permitted only for any breach of the Contract as specified in these Terms and Conditions.

27.  Our right to amend these terms and conditions

We reserve the right to revise and amend these Terms and Conditions at any time.

At the time you ordered products from us or used this website, it was subject to our policies and terms in force from time to time, unless any amendment of the specific policies, our Terms and Conditions or the Privacy Policy is required to be done by law or a government authority, in which case any changes will also apply to orders you had made before the changes.

28.  Law and Jurisdiction

Use of our website and Contracts to purchase products via it are governed by Greek law.

Any dispute arising from or relating to use of the website or the said Contracts shall be subject to the non-exclusive jurisdiction of the Greek courts.

If you are concluding a Contract as a consumer, this term shall not affect your statutory rights under any circumstances.

29.  Comments and clarifications

Your comments and suggestions are always welcome. Please send us your comments and suggestions via our online contact form.

If you consider that your rights have been infringed as a consumer, you can send your complaints to us by sending an email to: eshop@grandoptical.gr  with a view to an out-of-court settlement.

In the same context, if the purchase between us has been made via our website, we would like to inform you, as required by Regulation (EU) No 524/2013, that you are entitled to seek to settle your consumer dispute with us via the online out-of-court dispute resolution platform at:

.http://ec.europa.eu/consumers/odr/

Last update: 01/04/2020.

ANNEX

Cancellation form

(fill out and return this form only if you want to cancel the Contract)