Terms & Conditions
1. Terms and Conditions define the general terms, conditions and manner of sales by DigiDiagnosis based in Kastoria, conducted via the online store available on www.digidiagnosis.com (hereinafter: „the Online Store”) and, define terms and conditions of chargeable and non-chargeable electronic services of DigiDiagnosis based in Kastoria of Greece.
- Working days – days of the week are from Monday to Friday excluding public holidays.
- Delivery – means the physical act involving the delivery of the merchendise specified in the order to the Customer by the Seller, by means of providers.
- Supplier – means the courier company, which works with the seller in order to deliver goods.
- Password – is a string of alpha-numerical or other selected by the customer during the registration in the Online Store, used to secure access to customer accounts in the Online Store.
- Customer – means the entity, for whom, in accordance with Terms and Conditions and laws can be provided electronic services, or with whom may be concluded a contract of sale..
- Consumer – means an individual making a transaction not directly related to his trade or profession.
- Customer Account – means a panel that is individual to every client, run by the seller for the benefit of the customer after the customer registered an account.
- Login – means a customer’s individual identification name consisting of a string of alpha-numerical symbols or otherwise, required together with a password in order to set up a customer account in the Online Store. Login is an appropriate address of the customer’s email address.
- Entrepreneur – means any natural person, legal person or entity who is not a legal person, whom the law awards the legal capacity, running their own professional activity.
- Terms and Conditions – means hearby Terms and Conditions of the Online Store.
- Registration – means the act actually made in the manner specified in Terms and Conditions, required from a customer to be able to use all the functionalities of the Online Store.
- Seller – Marios Christakis is running their own business under the name DigiDiagnosis based in Kastoria, postcode: 52057, village : Dispilio, Tax Code: 081022795, e-mail address: firstname.lastname@example.org, which is also the owner of the Online Store.
- The Website of the Online Store – means websites, which are used so that the seller is able to run the Online Store, operating in the domain: www.digidiagnosis.com/shop
- Goods – means a product described by the seller via the Website of the Online Store.
- The contract of sale – the sale is a contract concluded by electronic means in accordance to Terms and Conditions, between the Customer and the Seller.
2) General Provisions
- All rights to the Online Store, including copyrights, intellectual property rights, Internet domain, the Website of the Online Store, as well as patterns, forms, logos belong to the seller (or to their companies, in case of partners), and using them can take place only in the manner prescribed and in accordance with Terms and Conditions.
- The Online Store is made available by the seller through the Internet and the Website of the Online Store, as a resource and information communication system.
- The seller reserves the right to place advertising content concerning offered goods, as well as the products and services of third parties, in the forms used in the Internet.
- It is forbidden to use the Online Store or the Website of the Online Store by customers or others to send unsolicited commercial information.
3) The Use of the Online Store
- Using the Online Store means any activity carried out by a customer that leads to getting familiarized with the contents of the Website of the Online Store, except for the paragraph § 4 of Terms and Conditions.
- Using the Online Store can only take place in accordance to conditions specified in Terms and Conditions.
- To place an order in the Oline store and to use services of Website of the Online Store, it is neccessary that the customer has an active e-mail account.
- The Customer wanting to take advantage of a chargeable subscription service, as in § 10, should have an active internet connection.
- Your use of the Online Store is not entitled to interfere with the content, structure, form, graphics, mechanism of how the Online Store and the Website of the Online Store work.
- A customer is forbidden to provide illegal content and use the Online Store and the Website of Online Store in a manner that may infringe law, morality, violate personal rights of third parties or legitimate interests of the seller.
- You are entitled to use the resources of the Online Store for personal use only. It is not allowed to use the resources and functions from the Online Store for the purpose of commercial activities by a customer or one that would undermine interests of the Seller.
- The Seller represents that the public nature of the Internet and the use of electronic services may be associated with risk of acquiring customer data and modifying them by unauthorized persons, and therefore customers should use appropriate technical measures to minimize the risks mentioned above. In particular, they should use anti-virus programs, and protect the identity of users of the Internet. The seller never asks the customer to disclose their password.
- In order to create a customer account, a customer shall be obliged to make a registration.
- Registration is required so that a customer can place orders in the Online Store.
- In order to register, you must complete the registration form provided by the seller on the Website of the Online Store and forward the completed registration form electronically to the seller by selecting appropriate functions contained in the registration form. During registration the customer sets up an individual password.
- Completing the registration form is made under the following conditions:
- a) customer must fill out all fields in the registration form, unless the field is marked as optional;
- b) information entered in the registration form should only relate to the customer and be truthful. The customer is a person responsible for the accuracy of the information included in the registration form;
- c) customer should get familiar with and confirm that they have read Terms and Conditions ticking an appropriate box in the registration form;
- d) customer marking an appropriate box in the registration form, should express the will to conclude a contract for the provision of electronic services offered by the seller and services concerning the running of a customer account. In the case of not expressing such a will by the customer , it will prevent the registration and setting up of a customer account;
- e) customer should agree to the processing of personal data included in the registration form in order to carry out services on the basis of agreements concluded in accordance toTerms and Conditions (Article 23 para. 1 point 3 of the Law regarding protection of personal data), the customer shall have the right to access their data and correct them.
- a) acceptance of Terms and Conditions by the customer;
- b) authorizing the seller to process your personal data included in the registration form in order to provide the running of a customer account. Further, the customer agrees to be sent information concerning technical service of a customer account to the e-mail address the seller received from the customer.
- 6. During registration, you may give a consent to the processing of personal data for marketing purposes. In this case, the seller clearly indicates the purpose of collecting your personal data, as well as well-known to the seller recipients of this data. Giving a consent to the processing of personal data for marketing purposes takes into account the following:
- a) the consent is voluntary and may be withdrawn at any time;
- b) the customer has the right to access and correct personal data;
- c) entrustment of personal data to the seller ocurrs the moment the customer ticks an appropriate box in the registration form.
- Giving a consent to the processing of personal data for marketing purposes, in particular, means the consent to receive commercial information from the seller or advertisers working with the seller being sent to the customer’s e-mail address specified in the registration form.
When a customer has submited a completed registration form, the customer shall promptly receive a confirmation email of the registration sent to an email adress provided in the registration form. Submission of a completed registration form means that the contract has been concluded for the provision of electronic services conducted regarding the running of a customer account. The customer gets access to their customer account and can make changes to the information provided, with the exception of the login.
The customer shall use their best efforts to remain confidential and not to divulge their password to any third party. In the event of a suspicion that the password got found in the possession of an unauthorized person, the customer is obliged to immediately notify the seller of this fact using the available means of communication. In this case, the customer should immediately change the password using an appropriate functionality within the
The seller creates and implements security measures against unauthorized use, reproduction or distribution of contents on the Website of the Online Store. The customer undertaking to remove or break the security measures imposed by the seller are to discontinue such an activity.
5) Orders, payment and order completion
- The information included on the Website of the Online Store does not constitute an offer of the seller.
- The customer can place orders in the Online Store seven days a week and 24 hours per day via the Website of the Online Store.
- The customer completes an order by selecting the product by clicking on the „ADD TO CART” at the merchandise located on the Website of the Online Store. After the order has been completed and a method of payment chosen, the order gets sent to the seller. Submitting of the order form follows by activating an appropriate box in the order form.
- Placing an order constitues a submission of an offer to enter into a contract of sale of the goods, which are the subject of the order.
- Before each order submittion, the total price of selected goods and the total cost of the chosen method of delivery are presented.
- After placing an order, the seller shall send an e-mail confirmation of the order to the email address provided by the customer. Confirmation of the order is a statement of the seller’s acceptance of the offer referred to in § 5 para. 4 above.
- On the basis of the placed order, the seller shall verify the availability of ordered goods in the Online Store.
- In the case when ordered goods are out of stock, or of inability to perform the sale transaction for other reasons, including when buying goods from the seller’s suppliers will not be possible in the time provided for completion of the order, the seller will inform the customer of the circumstances by e-mail or telephone.
- If completion of the order appears to be impossible the seller may offer the customer the following:
- a) cancellation of the entire order (the choice of this option by the customer releases the seller from the obligation to fulfil the order);
- b) cancellation of the order in part where its implementation is not possible within a reasonable time (the choice of this option by the customer releases the seller from fulfillment of the order to the extent that it is not possible)
- c) division of the order and defining the time for its completion in this part where the implementation was originally not possible (the choice of this option by the customer implies that the delivery will be made in separate shipments but the customer shall have no additional costs associated with the delivering of the divided order).
- a) are expressed in gross terms (including VAT) and are defined in EURO;
- b) do not contain information concerning the cost of delivery, about which the customer will be informed when choosing a method of delivery.
- c) do not contain information concerning possible duty charges if the delivery address is outside of Greece
- a) bank transfer to the seller’s bank account (in this case, the fulfilment of the order will be initiated after completion of the order process in the Online Store, and the shipping will be made upon receipt of payment);
- b) cash on delivery (in this case, the fulfilment of the order will be initiated after completion of the order process in the Online Store);
- c) bank transfer via an external payment system PayPal, which is operated by PayPal (Europe) S.à rl & Cie., S.C.A. based in Luxembourg (in this case, the fulfilment of the order will be initiated after completion of the ordering process and receiving information from PayPal on successful completion of payment);
6) Orders, payment and order fulfilment of a paid subscription service
- The information contained on the Website of the Online Store does not constitute an offer of the seller.
- The customer can place orders in the Online Store for seven days a week and twenty-four hours per day via the Website of the Online Store.
- The customer places an order by selecting a service they are interested in and then select the „ADD TO CART” button on the website. Once the whole order is completed and a method of payment chosen by the customer, the order is being placed as soon as the order form is sent to the seller. The sending of the order form takes place as a result of activating an appropriate field in the order form. Before the order gets sent by the customer, the seller informs the customer of costs and a period of a paid service.
- Placing an order by the customer constitutes submitting to the seller an offer of concluding a contract of a paid service being the subject of the order.
- After placing an order, the seller shall send an e-mail confirmation of the order to the e-mail address provided by the customer. Confirmation of the order is a statement of seller’s acceptance of the offer referred to in § 6. 4 above.
- Prices on the Website of the Online Store are presented next to every product. They are expressed in gross terms and defined in the Euro.
- The final binding price is established every time a customer places an order and one that appears on the Website at the moment of order placement.
- Information on the total order value is determined in each case in the basket having the customer chosen the payment method.
- The customer can choose from the following methods of payment for chargeable ordered services:
- a) bank transfer to the seller’s bank account (in this case the activation of paid services will be initiated once the customer has completed the order process in the Online Store and upon the receipt of bank transfer payment made to the seller’s bank account);
- b) bank transfer via an external payment system called dotpay.pl, operated by DotPay SA based in Krakow (in this case the activation of paid services will be initiated once the user has completed the order process in the Online Store and when dotpay.pl has sent information to the seller of the succesful payment completion.
- c) bank transfer via an external payment system called PayPal, which is operated by PayPal (Europe) S.à rl & Cie., S.C.A. based in Luxembourg (in this case the activation of paid services will be initiated once the customer has completed the order process in the Online Store and PayPal has sent to the seller information of successful payment completion);
7) Claims and warranties
- The seller is responsible for non-conformity of the goods with the contract in the case of this being determined by the customer before the passing of two years from the date of delivery. The customer is obliged to notify the seller of the non-conformity within two months from the finding of non-compliance.
- Within fourteen days, the seller will address the claim of the goods notified by the customer and inform the customer of proceedings.
- In order to address the claim of the goods, the customer ought to send or deliver the goods they wish to return with a confirmation of purchase (i.e. receipt or invoice). The goods should be sent or delivered to the seller’s address. The seller returns the customer all the documented costs of shipment.
- In the case when a claim is considered in favor of the customer, the seller will repair or replace the product to the customer. If repair or replacement would cause significant inconvenience to the customer, the seller will lower the price or make a full refund within fourteen days in accoradnce to the customer’s request. This can happen as a result of the customer’s withdrawal from the contract. In the case of withdrawal from the contract, the parties shall return one another what they provided each other with.
- The goods sold by the seller may be given a warranty by the relevant manufacturer or distributor. The seller offers no warranty for any of the products they sell.
- In the case of the goods covered by the distributor or manufacturer’s warranty, the customer can return the product with defects:
- a) exercising powers resulting from your warranty. In such circumstances, the customer is required to make a claim directly to the guarantor. The seller is only an intermediary forwarding the claim. The customer may as an option turn directly to a warranty service or the seller.
- b) using powers of the customer in relation to the seller in connection with non-conformity with the contract
1. The seller shall give a refund to a customer within fourteen (14) days in the case of:
a) cancellation of the whole order or its part, which was paid in full in advance before its fulfillment
(in this case, the relevant part of the price will be refunded);
b) withdrawal from a contract of sale by the customer who is a consumer according to 8) of Terms and Conditions;
c) price reduction or withdrawal from a contract of sale in the event of positive consideration of a claim in accordance to 7) of Terms and Conditions;
d) in the case of termination of a contract of sale in accordance to provisions in 13) of Terms and Conditions
2. Method of reimbursement depends on the form of the original payment made to the seller:
a) in the case of bank transfer payment made in advance, the seller shall make a refund to a customer’s bank account.
b) in the case of cash on delivery payment, the seller makes a refund to a customer’s bank transfer or postal order after the details needed for making a refund have been obtained from the customer and a method of repayment chosen.
c) in the case of payment „in advance” with the use of electronic payment systems dotpay.pl, the seller shall make a refund to a customer’s bank account, after the details needed for making a transfer have been obtained from the customer
d) in the case of payment „in advance” with the use of electronic payment system Paypal, the seller shall make a refund to a customer’s PayPal account that was used by a customer to make their payment
3. The seller is not liable for failure or delay in reimbursement of such a refund, if, despite the seller’s request made by e-mail as referred to in 9. 2 above, the customer does not provide the required data or data will be fractional and this in effect prevents the seller to carry out a succesful refund procedure. The seller is not also liable, if a reimbursement has not been made or has been delayed due to the details needed for making a bank transfer or a postal order being incorrect.
In such a circumstance a customer will be reimbursed as soon as correct details have been obtained.
1. The seller provides services to customers by e-mail, which are free of charge. These are:
a) Running of the customer account;
2. The seller provides customers with electronical paid subscription service.
3. Services specified in § 10 art. 1 and § 10 art. 2 above are provided 24 hours a day, 7 days a week.
4. The seller reserves the right to choose and change the type, form, time and method of providing aforementioned services. Of which, all customers will be informed in a manner appropriate so that amendments can be made to Terms and Conditions.
5. Running a customer account service is available after registration, as described 4) and 5).
6. The newsletter can be used by any customer that ticked an appropriate field in the registration form during registration or entered their e-mail address, using the registration form provided by the seller on the website of online Store. After submitting the registration form , the customer shortly receives an e-mail confirmation sent by the seller to the email address provided by the customer. As of this moment a contract is concluded between the seller and the customer concerning provision of newsletter services conducted via electronic means.
7. Newsletter service is about sending an e-mail containing information about new products or services offered by the seller to the customer’s e-mail address. Newsletter is sent by the seller to all customers who have subscribed.
8. Each newsletter sent to particular customers includes, in particular:
a) information about the sender
b) filled “subject field ” specifying the content of the consignment
c) and information about the possibility and how to terminate free newsletter service
9. Chargable subscription service is about enabling customers having a customer account to access the dedicated content of the Web Store for a fixed period of time providing the relevant fee has been paid.
10. The customer may at any time opt out of receiving Newsletter by unsubscribing. This can be done by clicking on the link stated in each e-mail sent as part of Newsletter service, or by activating an appropriate field in a customer account.
11. A customer who has registered can request removal of the seller’s customer account, and in the case of the request to remove a customer account by the seller, it may be removed with fourteen (14) days from the day of the request.
12. A customer can submit a complaint to the sellers in connection with the use of free services provided electronically by the seller. A complaint may be submitted in electronic form and sent to the seller’s e-mail address. The customer’s complaint must include their username and description of the problem. The seller shall immediately, but no later than fourteen (14) days consider the complaint and send an answer the customer’s e-mail address specified on the complaint.
13. The seller shall be entitled to block access to a customer account and services, in the event of the customer acting detrimentally to the seller or other customers, when a customer breaches the law or the provisions of the Online Store’s Terms and Conditions, as well as when blocking access to a customer account and services is justified on grounds of security – in particular, customer’s attemps to breaks security measures on the Online Store or other hacking activities. Blocking access to a customer account and services as a result of aforementioned reasons take the time necessary to resolve the issue giving grounds for blocking access to a customer account and services. The seller shall notify the customer of blocking access to a customer account and services electronically by sending a message to the e-mail address provided by the customer in the registration form.
14. In order to opt out of receiving commercial information, the customer should inform the seller of such a request by e-mail.
1. The seller shall be entitled to any disruptions in the provision of electronic services and the Website of the Online Store, if the reasons being:
a) modification, modernization, expansion or maintenance of IT system or the seller’s software;
b) force majeure, acts or omissions of third parties (activities not being dependent on the seller)
2. The seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts with customers who are entrepreneurs the seller is liable only for intentional damage and within losses actually incurred by the customer who is an entrepreneur.
3. The seller is not liable for non-performance or improper performance of the services provided electronically, if it is caused by third parties (in particular, telecommunications operators, providers of telecommunication lines and electricity). However, the seller shall be liable for their own act as well as omission of activities by persons who have been appointed to perform the provision of services provided electronically, or whom have been entrusted to perfom the provision of services.
4. The seller is not responsible for the impossibility or difficulty in using the Online Store, due to reasons attributable to the customer, in particular if a customer looses their password or when a third party comes into possession of the customer’s password . However, the seller is responsible for the loss of the password if this is a consequence of reasons on the part of the seller or reasons, for which the seller is responsible.
5. The seller is not liable for damages caused by acts or omissions of the customer, in particular their use of the Online Store in a manner congruent with applicable law or Terms and Conditions.
6. The sole source of the seller’s obligations is these Terms and Conditions and applicable law.
12) Personal Data and „Cookies”
1. An administrator of the customer’s personal information voluntarily provided to the seller in the process of registration and electronically provided services by the seller or other circumstances specified in Terms and Conditions, is the seller.
2. Personal data shall be processed by the seller, solely based on authorization to process the data, to fulfill orders or to provide electronic services by the seller and the other purposes set out in Terms and Conditions.
3. Collection of personal data provided to the seller is reported to the General Inspector of Personal Data Protection by the seller.
4. Personal data provided to the seller are given voluntarilly. Nevertheless, if a customer does not provide the data specified in Terms and Conditions this, in turn precludes registration, setting up of a customer account and consequently, both order placement and order fulfilment, in the case of order placement without registration and customer account.
5. Anyone who provides the seller with their personal data has the right of access to their content and amendment.
6. The seller assures that a customer can remove personal data from the collection maintained, especially if a customer account is deleted. The seller may refuse to remove the customer’s personal data if the customer’s account is in arrears to the seller or of the customer violated applicable law. In such a case, retaining of personal data is necessary to explain the circumstances and determine liability of the customer.
7. The seller protects a customer’s personal data and makes every effort to protect it from unauthorized access or use. A collection of customers’ personal data is treated as a separate database stored on the seller’s server in a special security zone providing adequate protection.
8. The seller does not provide, sell or lend your personal data to other persons or institutions. Unless it happens to be as a matter of a clear agreement or at the request of the customer in accordance the law or at the request of the court, prosecutor’s office, the police or other authority in the event of a breach of the law by the customer.
9. With a consent from the customer, the seller can forward personal data, to the extent necessary for the implementation of the sale contract in DotPay SA company based in Krakow if the customer selected a Dotpay payment.
10. The seller reserves the right to disclose the general statistical summaries concerning the customers to companies and websites who cooperate with the seller. These summaries are related to website viewings and do not contain customers’ personal data.
a) for storing information about customer’s terminal device;
b) for verification and development of the seller’s offer;
c) for statistical purposes.
14. Each customer can disable cookies in the browser of their terminal device. The seller indicates that disabling cookies may cause difficulties in the use of the Website of the Online Store.
13) Termination of contract (Does not apply to contracts of sale)
1. Either party may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before termination of the contract above and the provisions below.
2. A customer who has registered terminates the contract for the provision of electronic services by sending the seller a request to remove their customer account, using any means of communication at a distance, allowing the seller to read the statement of the customer’s will. The termination occurs after the notice period of seven days.
3. The seller terminates the contract for the provision of electronic services by sending the customer an appropriate declaration of will to the email address provided by the customer during registration. The termination occurs after the notice period of seven days.
4. A customer who has activated a paid subscription service, terminates the contract for the provision of electronic services by sending the seller an appropriate declaration of will to the service provider’s e-mail address. The termination occurs after the notice period of seven days.
5. In the event of termination by the Seller to the Customer, the Customer has an active service a paid subscription, the customer receives a proportionate refund for unused time service of the service, measured from the end of the period to the date of termination to when the service should be activated.
6. In the event of the contract termination by the a customer who is a consumer when the customer has an active subscription service, the customer is entitled to a refund for the unused time of this subscription.
7. In the event of the contract termination by a customer who is an entrepreneur when the customer has activated a paid subscription service, the customer is not entitled to a refund for the unused time of this subscription.
14) Final provisions and amendment to Terms and Conditions
1. Terms and Conditions come into force from the date of their publication on the Website of the Online Store and replaces previously existing Terms and Conditions.
2. The content of these Terms and Conditions may be perpetuated by printing, saving into a storage device or downloaded at any time from the the Website of the Online Store.
3. Terms and Conditions are subject to amendments. Customers will be informed of any amendments made in Terms and Conditions by the seller. For this the seller will place on the Website of the Online Store an appropriate notification of amendments made to Terms and Conditions. This notification will remain on the Online Store for at least ten consecutive working days. Those customers who have a customer account will be additionally informed by the seller via e-mail. The information containing amendments to Terms and Conditions will be sent to an e-mail address provided in the registration form.
4. Notification of amendments to Terms and Conditions as set out above will take place not later than seven working days prior to the implementation of amended Terms and Conditions. In the event of a customer with a customer account not accepting new Terms and Conditions the customer is obliged to notify the seller of this fact within seven days from the date of notification of amendments to Terms and Conditions. Lack of acceptance results in termination of the contract in accordance to provisions set out in 13)
5. All the orders submitted in the Online Store prior to the implementation of amendments to Terms and Conditions are fulfilled based on Terms and Conditions being in force at the date of the order placement by the customer.
6. In the event of a dispute on the basis of the sale contract, the parties will seek to resolve the matter amicably. The law applicable to the settlement of any disputes arising under these Terms and Conditions shall be the Greek law.
7. Terms and Conditions come into force on 12.06.2017.