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Terms & Conditions

Terms & Conditions

 

  1. Online Store and Website

1.1. Our website www.byAgora.com, thereafter referred to as “byAgora.com”, “byAgora”,  "the website", “our website”, “our company”, “the company”, “our online store”, “our e-store”, “we”, “us” is an online store established and based in Germany, Sternwartenstrasse No 29, 04103 Leipzig.

Our online store promotes and trades Greek gourmet products, packaged or bottled, cosmetics, kitchenware, cookware, decorating items, and other related products, offers and “goods”, including but not limited in written or videotaped recipes, videos from the goods’ production and information regarding the products, thereafter referred to as ““goods””.

 

1.2. The access to our website, the services offered, the use and the carrying out of the purchases and sales are subject to these “«Terms & Conditions»”, thereafter referred to as the "«Terms & Conditions»". Navigating through our website, making purchases, and using the services means that you consent to the current “«Terms & Conditions»” in their entirety and all occasional updates, which govern the relationship between us byAgora and the customer. In case of disagreement or reservation on your part, regarding part or all the present terms, you can contact our Customer Care, otherwise it is deemed that you to accept all the conditions without reservation.

1.3. You should regularly visit the page "«Terms & Conditions»" as is the case of any changes to our website. Any change to the "«Terms & Conditions»" shall not apply in orders already executed. Our company reserves the right to amend, renew or upgrade anything, anytime and without prior notice to the buyer / consumer / member / user / visitor thereafter referred to as "user"  alternatively a total of: a)  all or part of the "«Terms & Conditions»"  b)  part or all the “byagora.com” content c) all or part of the external appearance (interface), the structure or composition (configuration) of the shop byagora.com and technical specifications as well as limited access to our entire site or a part thereof and / or part thereof be paid. The company also reserves the right at any time, without justification and without prior notice to the user of byagora.com to cancel, suspend or terminate the operation of byagora.com. Access to this site is permitted under these «Terms & Conditions» and we reserve the right to remove or change the features without prior notice.

1.4. Our website also contains links to other websites which are not managed or controlled by our company. Our company cannot control the linked sites, nor does guarantees the validity, accuracy, legality, or quality of the content and does not accept any responsibility on their behalf for any loss or damage that may be caused by using those links. Your use of the linked sites will be subject to the “«Terms & Conditions»” applicable to each linked website.

1.5. Once you register and become a member of byagora.com, you automatically participate in the points collection program thereafter referred to as “Tastes” and enjoy all the benefits provided by this program. By participating in the “Tastes” program you agree that you have read and accepted all «Terms & Conditions» of the program. If you wish your exclusion from the program you can do it by contacting the Customer Care. Your exclusion of the program entails the termination of your membership in our website.

1.6. Upon registration to our e-shop you automatically become member of the “Tastes”. You can either register as an individual or as a professional. Professional or business registration is possible only by the legal representative of the company, who solemnly declares upon registration that he/she represents the company and has the right to implement transactions on its behalf. Our company is entitled, without justification and/or for legal purposes (e.g. due to previous violation of these «Terms & Conditions», delinquent behavior, etc.), to refuse a membership, a supply, or a transaction.

1.7. "Frequently Asked Questions" and "Customer Care" solely and exclusively offer aid and information and do not replace the "«Terms & Conditions»". The “Privacy Policy” and the “Tastes” are integral parts of the "«Terms & Conditions»" constitute integral parts of “«Terms & Conditions»” and are totally binding both parties (the company and the users) under the terms of the above article 1.2. In case of termination, dissolution, or expiration of the “TASTES” by us, concludes automatically the termination, the dissolution, or the expiration of relatively «Terms & Conditions».

 

1.8. Registration in our newsletters’ list is optional. Non-members could also register in our newsletters’ list. To participate at the point collection program “Tastes” you must be both member of our site and member of the newsletters’ list using the same email address.

1.9. In the “Privacy Policy” section you can find all the necessary information regarding the use of your personal data from our company. By using this website, you agree to the content of the “Privacy Policy” section and you guarantee that all the data provided by you are accurate, true, and up to date. The misuse of our website is strictly prohibited. You shall not obstruct or interfere in any way with the operation of the website, replace or modify its content. You shall not commit or encourage any criminal offence, transmit or distribute viruses, Trojans, worms, logic bombs, or post any other malicious or technologically harmful material and you shall not commit any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of our website. You should not use this site in violation of privacy or use of the site by any offensive or obscene way.

1.10.  In addition, you shall not hack, or violate into any aspect of the “goods”, corrupt data, cause annoyance to other users, violate any other person's proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as "spam", or attempt to influence the performance or functionality of any facilities of or accessed through our website. Any breach of this provision shall constitute a criminal offence under the Greek legislation. Our company will report any such breach coming to its attention to the relevant law enforcement authorities and will disclose your identity to them under the conditions of the law.

1.11. You may connect to our website under the terms, with your own means and via companies and providers of your choice.

1.12. Should there be no activity for 15  minutes, you will be automatically disconnected as an online member.

 

1.13. You may link to our website only in a fair and legal way, without damaging our reputation or taking advantage of it. You must not establish a link in a way that could imply any kind/form of association, approval, or endorsement on our part. Establishing a link from any website that you do not own is forbidden. Our website must not be framed on any other site; nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw any linking permission without prior notice.

 

1.14. We reserve all the intellectual property rights of all the software and content you access on or through our website and remain the property of “byAgora” or its licensors and are protected by international copyright laws and treaties on intellectual property rights. All such rights are reserved by “byAgora” and its licensors.

 

1.15. The authorization for access to our website and this use is limited and does not permit any resale or commercial use of our website or its contents, any collection and use of any lists, descriptions or prices, any derivative use or its content, any downloading or copying for the benefit of another merchant, account information or any use of data mining tools, robot or similar data gathering and extraction tools. It is prohibited to download or modify any part thereof. However, by visiting our website, you have the exclusive right to download for free, in the provided PDF format, the recipes presented, for personal use only.

 

1.16. The use of our website’s content for commercial/business activity is expressly prohibited, unless you have our written permission. Our website’s appearance and display and the its content, in any case, cannot be construed as a transferable license and/or assignment of the right to such use. You may store, print, and view the available content solely for personal use. You are not allowed to publish, handle, distribute, copy in whole or in part, transfer, alter, store, re-publish, modify, or reproduce, in any format, any part of the content or copies of the content provided to you or featuring on this website and our content in relation to any business or commercial activity without our permission. In addition, you may not modify, translate, reverse engineer, rebuild or create derivative works using any software or accompanying documentation offered by “byAgora” or its licensors. Moreover, you are not granted any license or consent to use our company’s trademarks in any way, and you consent not to use such trademarks or any trademarks which are similar in color or design without our written permission.

1.17. It is prohibited to reproduce, duplicate, copy, sell, resell, visit, or exploit our Website or any part of it for any commercial purpose, without our express written permission. We have exclusive rights to the domain name of our firm and all brands represented on our site are rightfully subject to lawful protection.

1.18. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including videos, images, text, page layout, or form) of the Website of “byAgora” and its affiliates without our written permission. You may not use any “meta tags” or any other "hidden text" based on names or trademarks of “byAgora” or its affiliates without our express written consent. In case of unauthorized use, the license granted by “byAgora” is terminated.

 1.19. The use of any logo, other proprietary graphic, trademark, open source code, or part of the link that belong to our company is strictly prohibited, without our prior written consent.

1.20. It is in our own absolute discretion, at any time and without prior notice to modify, remove or change the “goods” and/or any page of this Website.

 

1.21. Please note that, although we tried to photographically present our products, sometimes, the colors in the site may not be accurate. We do not claim or guarantee the accuracy or reliability of any of the information or content regarding any “goods”, software or advertisements contained, distributed through, received by, or linked and accessed through our website.

1.22. Trademarks/names/images displayed on our website, are owned by their respective trademark owners. Any reference to a trademark or brand name is used solely to describe or identify the products and services and does not ensure in any way that these products and services are supported or linked with our company in any other way. Except for points where expressly stated otherwise, all trademarks of third parties, images of products, benefits and / or third party sites connected with our site have no relationship or connection with us, therefore should not be relied the existence of such a relationship or connection. You may not extract and / or re-use parts of our website content without the written consent of byAgora. Specifically, you may not use any data mining tools, robot, or similar tools for collecting and exporting data to extract any content (either one or several times) and reuse any essential parts of our website, without the express written consent of “byAgora”. It is also forbidden to publish and /or the creation of a database which contains the essential parts of our website without our express written consent. (e.g. product lists, prices, presentations.)

1.23. If any part of these «Terms & Conditions» is unenforceable (including any provision in which we exclude our liability to you the enforceability of any other part of the «Terms & Conditions» will not be affected - all other conditions will remain fully in force. In any case, if possible, the possibility of a term/sub-clause or part of a clause/sub-clause be considered separately to be valid the remainder of the term shall be construed accordingly. Otherwise, you agree that this should be rectified and interpreted to be as close as possible to the original meaning of the clause/sub-clause, per the law.

  1. Transactions & Other Services  

2.1. Our online store displays, promotes and resells products of suppliers with whom it collaborates. The term supplier is used as defined in L. 2251/1994 regarding consumers’ protection, as well as each producer/packer, importer/distributor, as defined in specific legislative provisions, hereinafter referred to as “suppliers”. The company reserves the right to freely decide on the goods that it displays on its website and to modify, update and/or withdraw these at any time and without prior notice. The same applies to its pricing policy; it may decide on and implement freely any deals and discounts, and it may modify, update and/or withdraw them at any time and without prior notice and/or subject to any deadline, if it informs the users as and where the law provides it.

 

2.2. In any case please note that the description of the goods’ ingredients and in general the information included in the product labels, the production and expiry dates of these is the solid responsibility of the same suppliers whose information is listed on the product and that ByAgora, which participates in the distribution chain only as an intermediate or end seller- is not required and able to check the verity or accuracy of this data nor is it liable for it.

 2.3. All the recipes or food preparation suggestions that are presented in our website are based on the products sold in our website, are accessible to all users for domestic use only.  The website content and recipes are intended exclusively for consumers who are above the age of eighteen (18). The result of the execution of these recipes cannot be guaranteed, even if all steps are followed per the instructions given by us or the producer. The consumer is solely responsible for the result or any problem that may arise while preparing a recipe. In short, each recipe is provided “as it is”. The additional information about each product must always be taken in serious consideration, whether it refers to storage, consumption, cooking, or any other possible use of such product, as well as to the properties of the devices and other tools used for the execution of the recipes. 

  1. Terms of Use

By placing an order, you agree to purchase a product per the following “«Terms & Conditions»”. We usually dispatch products only to European Union countries per “Shipping Policy” in article 5. Deliveries outside the European Union will be processed in a special procedure to be approved or rejected and our customers will be informed regarding the acceptance or rejection of their request by e-mail within six working days. Please note that the automated message which appears on the screen with the details of your order request received by our company does not constitute acceptance of your order, but it is received subject to the above procedure. In case of acceptance, you will receive an order confirmation email, per the above, which should include the details for the checkout through payment.

Depending on the legislation of each country outside the EU, there may be restrictions on the sale of certain products or the sale of certain products may not be allowed at all. We will notify you by email in case of such a problem. If you live in a country outside the European Union and wish delivery in a country within the European Union, choosing it as the country of residence, you can place an order properly.

 

3.2. To facilitate your future purchases, when placing your first order you register as our byAgora member. By providing all your required data to us and becoming a member you automatically consent and give permission to make use of all your personal data requested per the article 1.6 above. All information sent to our company, are managed exclusively by our authorized personnel, per the” Privacy Policy” of our company. In any case, every time you send an order to our company you must first accepted the “«Terms & Conditions»”. To keep you fully informed and protect you in the best possible way against unforeseen circumstances, orders are completed as follows:

 

3.3. Upon completion of your order placement, your total will appear, including all the details of your request. When you proceed to the next stage, you will be connected to the third-party payment service provider to complete the payment, of the price agreed under the terms of the following section as well as article 6 below. Upon successful completion of the payment, you will receive an automated e-mail confirming your order, which will also be sent to the email address you have indicated. To ensure the highest possible security of your transactions, our company may (but is not obliged to) carry out a control through the collaborating payment service providers as to the accuracy of the payment information you have sent us (in case of credit card payment or payment through a third-party online payment service provider) upon completion of your order and connection with a third-party payment service provider. Our Company may reject your order if there is any problem or even the possibility of any problem arising regarding this information. 

3.4. After payment, the collection of the goods follows. When the products are ready to be shipped, you will receive an e-mail with the indicated shipping address (or in case of multiple deliveries, to the shipping addresses). The delivery of your products is subject to the Terms of article 5 below. In case, for whatever reason, there is a problem regarding the goods, or there is an unexpected shortage from suppliers (in one or in several products), or the availability date is later the one indicated at the confirmation email, we will make every possible effort to contact you either by your registered email address or calling you directly (or both) regarding the modification, correction, or cancellation of your order. In case of not being able to contact you for up to 7 calendar days, then your order will be carried out only for the available part. The shipping of the products will be carried out per article 8 below.

 

3.5. Please note that shipping times may vary, depending on the availability of the products and the commitment of the producers regarding the delivery time. Delivery times are subject to delays caused by courier delays or major force for which we cannot be responsible of. Within the European Union, deliveries usually take 1-3 working days after the shipping confirmation. Please check article 8 on our company’s “Delivery Policy”.

 

3.6. After receiving the confirmation email you can track your order through “My Account”.  You will also receive emails providing your order’s status.

 

3.7. You must be over 18 years old to complete a transaction at our online store.  Visitors under the age of 18 should not exchange data and/or any information with us. When placing an order, you undertake that all data you provided are true and accurate, that you are the authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. In any case, our company reserves the right to proceed to the controls referred to in article 3.4. above.

3.8. Due to the nature of our products, which can be damaged or that have an expiration date and/or sensitive, is the customer's responsibility to comply with the information provided on the product packaging or on the website. Also, the customer is responsible for the products after their delivery by the carrier. Likewise, also, due to the nature of the products, we do not assume any responsibility if the clients do not receive the products on the day of delivery of fault, i.e. with the first delivery attempt.

3.9. All products are available only for personal use and not for resale, except in the case of wholesalers, who should have already completed the process of registration of their VAT number and identified as B2B (Business to Business) customers.

3.10.  Users who register on our website as professionals bear the responsibility for the accuracy and legality of the information they stated on our registration forms in our website as well as for making transactions. By registering on our website as a professional you solemnly declare to our company that you represent or you are entitled to represent the legal entity, you are personally responsible for tax compliance, market regulations, storage rules, conservation, and delivery of the goods.

3.11. When you place an order, you will receive an e-mail confirming that we have received and accepted your order. The product purchase contract will be drawn up only after your payment has been authorized and the amount has been charged to your credit card, debit card or PayPal account, or when the Company’s bank account is credited with the total amount. In case you select the account deposit payment method, the order will not be executed until the company’s bank account is credited with the total amount due. Please note that we only accept Euro for cash payments. Also, in case your order includes the purchase of a Gift Card, it is not possible to pay with cash or with an account deposit.

 

3.12. During the processing of your order you will receive several automated emails informing you on the progress of your order. These emails will include the following steps: a) Order confirmation: as provided in articles 3.3 and 3.4. above b) Order processing: When the products of the order have been collected, and are ready to be shipped to your address, along with the consignment note, c) Collection by customer i.e. the order has been delivered to the designated address, including the receipt/invoice.  d) Incomplete order: You will be notified in case one/some of the products of your order has/have not been collected and the order has remained incomplete.  e) Cancelled order: In case your order has been cancelled for the reasons mentioned in the present “Terms & Conditions”. In case something is missing or a problem occurs while processing your order, you will receive a corresponding e-mail and/or we will contact you by phone, via the phone numbers you indicated when you registered or when you placed your order on our website.

3.13. By sending an order  request you automatically consent to taking the above informative alerts, which are a prerequisite for the proper progress of your order. Please check  often for our   emails and keep them throughout the whole procedure. If you do not receive emails by us, it is your responsibility to contact  “Customer Care”.  The parties agree and accept that the situation described in article 6.

3.14. If you place an order by contacting, with your initiative, our “Customer Care”  you accept the following: i) Your calls, as we inform you at the beginning of each telephone communication, are being recorded for safety and security reasons but also for reasons that serve the proper completion of your orders. Please note that when you indicate the number of your credit card, or any other details concerning your financial information, the recording is interrupted with a special application operated by our representative in charge. ii) Orders could be picked up if filling the choice while checking out. iii) If the user has an e-mail address, all emails will be send as referred in article 3.12. above. Otherwise, the user accepts that the order confirmation which will be recorded during the telephone communication consists full proof of the total order and its total payable amount and that complies with the “«Terms & Conditions»” of your written briefing, notification, order confirmation, as far as is required by law. In case of any problem during the execution of your order, we will contact you at any time by telephone at the telephone numbers you have indicated. iv) In any other case, all the present “«Terms & Conditions»” apply as to telephone orders.

 

 

  1. Pricing

4.1. Our e-shop users consent to the company maintaining the general right to change freely its pricing policy, to modify the quoted prices on the website and to change and/or withdraw the offers at any time, with or without prior notice to “byAgora” users, who will be informed on the current price through the relevant posting on the website. The user selects the representative webpage per country of residence, which determines the pricelist of our products, in agreement with our commercial policy and the respective shipping costs of that country. Even if we try to ensure that all details, descriptions, information, and prices displayed on our website are accurate, errors may occur. If we notice an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the possibility to reconfirm your order with the correct price or cancel it. If we cannot reach you, we will treat the order as cancelled. If you cancel your order as per our “«Terms & Conditions»”, but have already paid for the products, you will receive, interest-free, refund in full.

4.2. All prices, as per your choice, can be in EURO, or USD and including  VAT. The prices shown on our website for the same product in different currencies may vary from each other as the pricing policy of the company is formed freely based on the currency in which the order is being placed and does not constitute a simple matching based on the exchange rate between currencies. We hope you understand that it is not possible to check and modify the corresponding pricing depending on the exchange rates always. Shipping costs will be additionally charged and you will be notified of the cost in the same currency you used when placing your order. Any additional charges that may occur are clearly displayed and included in the “Total Cost” such as, for example, for our fresh products, with the special labelling, whose price includes the cost of extra packaging.

4.3. Wholesalers (B2B) based within the European Union, after validating their VAT number through VIES, will not be charged with the VAT. In the special section of the website addressed exclusively to wholesalers, the prices will appear both without VAT and including VAT with smaller letters for their convenience. VAT will be applied normally to delivery charges as per German tax legislation.

4.4. The “goods” may contain typographical errors or other errors or inaccuracies and may not be complete or updated to the last detail. We therefore reserve the right to make corrections to any errors, inaccuracies, or omissions and to change or update information on the Website at any time without prior notice. We also reserve the right to refuse to process any orders that you have placed based on information contained in the “goods” that may contain errors or inaccuracies, including, inter alia, errors, inaccuracies or out-of-date information about pricing, shipping, payment terms, or return policies.

4.5. Please note that certain products are standardized and packaged by their supplier and, therefore, their weight may vary by certain grams per package, but will always be within the range described on our website for a specific product price.

 

 

  1. Delivery/shipping of products

We offer alternative delivery options. When you place an order, you also choose on how you wish to receive your order. Depending on the way you have selected, the total final cost of your order will be calculated.

The delivery time of your order is determined by its finalization as well as the order confirmation e-mail received upon its completion. Pick up of your order from our Distribution Centre during working days and hours i.e. Monday - Friday 09:00 - 18:00, excluding holidays. In case you wish your order to be dispatched to an indicated delivery address (there is a multiple delivery option as well, the delivery will be carried out: a) By our transportation company partner, DHL.  b). Our company and our partner will take all necessary steps to ensure the timely delivery of the order to the buyer based on the basic delivery schedule. We cannot guarantee neither the arrival time nor the exact delivery time of the order, as it depends entirely on the transportation company that we collaborate with. Our company is not responsible for any delays caused by force majeure or unexpected events or events beyond its control. In the event of any delay, our company will make every possible effort to contact you.  Our company is responsible for the proper delivery of your order to the carrier, and, from that point on, the liability lies with the buyer. The transportation cost is solely responsible for shipping charges and may alter the relevant prices at any time. We are not liable for any such pricing change.

 a) In case you exercise the right of rescission under article 10, you must contact our Customer Care. The consumer will bear the return cost and the responsibility of transporting the order from the delivery address to our premises. In case of return of defective products, returns must always take place after communicating with us, which undertakes the responsibility and the transportation cost for the return of the products to the carrier, d) Gifts orders: You can also order one or more gifts and send them to any recipient simply by filling out the recipient's address and information in a special form on our website, so that the product can be delivered directly to him/her. You have the option of multiple deliveries to different destinations and to multiple recipients without restrictions. When sending gift parcels to other recipients, make sure the recipient can receive gift parcels and that, generally, the gift will not be considered undesirable for any reason, nor will it be rejected upon delivery, otherwise the product will be shipped to the billing address under the responsibility and expense of the buyer. e) Please also note that deliveries are carried out only during working days (Monday to Friday excluding holidays) between 9.00 – 17.00 local time-except in the case of collection from our distribution center, see above and with estimated delivery time within 1 to 3 working days. f) Subject to any special charges for the transportation and delivery which will be expressly mentioned for a product listed on our website, the general g) Free Shipping service also applies when you use a Gift Card, discount vouchers, promotional codes, and special offers, or/and if you use “Tastes”. h) The Free Shipping service also applies when you use a Gift Cardexcept if you use “Tastes”.

 

5.4. If you are not at the delivery address to receive your parcel at the time of delivery, the distributor will leave an information note with instructions on how to collect your order. In this case, the risk of loss or damage of goods is transferred to the buyer, considering the vulnerability of goods. The distributor will attempt to deliver the goods up to 3 times, otherwise the goods will remain in the distributor's premises under your own responsibility and expense and under the carrier’s general terms of storage.

 

5.5. Furthermore, please note that products delivered outside the European Union (EU) may be subject to custom clearance and relevant fees; the company cannot be held liable for any other costs that may be added to these subject to different national legislations. We cannot know in advance what these charges may be; on the contrary, the consumer is in a better position to have knowledge or be aware of them or, at least, of the possibility of their existence and, for this reason, we recommend you check this possibility before placing an order on our website.  Each country has its own customs policy, so you should first contact your local customs office for further information. Additionally, please bear in mind that, when placing an order, you are considered the importer of goods and must observe all laws and regulations of the country in which you are receiving goods. As we process your order, you will receive prior notice of these details, and you will be made fully and properly aware of the cost incurred in the delivery of your order.

5.6. If the ordered product is not available due to force majeure or unexpected reasons for more than 15 days (after the order confirmation), for example due to, including but not limited to, production shortages or inability of the supplier to fulfil the order, our Customer Care Team will contact the customer to deal with the problem. First, the same product or a product with a different trade name or a product from a different category or a substitute product will be suggested to the consumer. If the customer does not agree to proceed to another purchase, full, interest-free refund will be offered within 30 days.

5.7 In our effort to maintain the quality and freshness of our products, we place small and frequent orders to our suppliers and we do not keep large stocks in our warehouse, thus reducing the extra delivery time from the supplier to the consumer. Since most of our products are fresh and without preservatives, some of them, depending on the environmental conditions, may often lose some of their weigh.

 

 

  1. Payments

We accept payments by VISA, American Express, MasterCard, PayPal, “byAgora” Gift Cards and Bank deposits. We do not accept cash, checks or any other payment options.

 

6.1. For credit card payments, we use one of the most trusted banking institutions which provides all the guarantees of security in electronic transactions. More specifically, your transactions in our electronic store are protected, by maximum online security systems (SSL-128 bit and digital certification from VeriSign Inc.) since they are governed as solemnly declared by our partner banking institution by the PCI/PSS protocol which guarantees a secure transaction environment for many large enterprises worldwide. The collection and processing of the payment information you send us is done exclusively by the partner banking institutions, which are solely responsible for processing and for the completion of the payment.

 

6.2. If you place an order on behalf of a company, you must use a corporate credit card, which must be issued in the name of the corresponding company or representative. In any case, if a person who states that he/she represents you and acts on your behalf upon your verbal authorization appears at the delivery address you have indicated to the distributor, then the distributor reasonably accepts that that person acts in that capacity.

6.3. In case of payment via PayPal, you consent and accept that you are subject to the “«Terms & Conditions»” of operation of the above online payment service provider, given that you have contracted with it upon your registration as its member. Our company is not responsible for PayPal's policies and operation. In case money is returned to you through a third-party payment service provider (such as PayPal or credit cards), you may be charged with the commission charged by the specific third party provider based on its terms of use and operation, for which our company bears no responsibility.

 

6.4. From time to time, we may offer promotional or discount vouchers, which will apply to specific purchases made through our website. The discount vouchers, promotion codes and special offers cannot be combined with Gift Cards, cannot be used for the purchase of a Gift Card or for the acquisition “Tastes” and cannot be used for their redemption. You cannot collect «Tastes» when using a Gift Card. The conditions of use of any discount voucher or promotion code will be determined at the time of their issuing and will clearly indicate their expiry date. Furthermore, Free Shipping Service applies depending on the promotional activity and it does not apply to every case. We will run special offers, valid only when used individually. It will not be possible to use more than one offer or/and promotional code, or/and voucher, at a time. We also reserve the right to withdraw an offer, discount voucher, promotion code at any time, due to limited stock availability and any other operational reason, or replace the product on offer with a similar stock item, where appropriate.

6.5. Gift Cards

We send Gift Cards only via email to third party recipients that you indicate to us. Any user who indicates a third person for the delivery of a Gift Card, bears the responsibility for the accuracy of the information he declares to us. Returns are not accepted for items bought with a Gift Card.

If the recipient cannot find or view the email containing their Gift Card, they must check their junk mail, spam, or check firewalls. If they still cannot find it you are advised to contact “Customer Care”. Gift Cards cannot be issued using “Tastes”. The Gift Card indicates the total value of the gift (including VAT).

Please note that for each order, you can use only one Gift Card. The total value of a Gift Card must be fully used in one order and you cannot purchase products of lower value than the one on the Gift Card. If a user places an order and makes a transaction using a gift card all the present “«Terms & Conditions»” apply and the same procedures provided for the purchase of products are followed. Free Shipping cannot be applied for Gift Cards.

6.6 Offers, Coupons & Promo Codes

By using or attempting to use the redemption codes for our offers, you agree to accept and be bound by these terms and conditions.

The offers are available for a limited time only, for as long as they are advertised by byAgora  on www.byagora.com . To redeem an offer during the Offer Period, enter the redemption code into the redemption code box during the checkout process. Each one cannot be used in conjunction with any other byAgora coupon, voucher or redemption code.

Without limiting other remedies and in addition to byAgora’s rights under the User Agreement, byAgora reserves the right to disallow or reverse a discount, limit, suspend or terminate a user account, prohibit access to this offer or any future offers, delay or remove hosted content or take other technical and legal steps against you if byAgora believes:

In the event you return or seek a refund on any item purchased using a discount, the value of the discount will not be refunded to you. ByAgora reserves the right to vary the terms and conditions of the offer at its reasonable discretion by publishing revised terms on byagora.com.

 

 

 7. Order change/cancellation

Changing or cancelling an order can only be done before the confirmation that the order has been dispatched.  After order confirmation and even if the order has not been dispatched, the delivery address cannot be changed for security reasons.

You can exercise the right of Return as set out in article 10 below or follow the product return procedure as set out in article 8. In case of any problem please contact “Customer Care”. In case you require the return of part of the amount or the total amount paid to our Company upon the cancellation or change of your order as set out above, you will get the refund of the relevant amount through the third-party payment provider, Credit Card, or PayPal.  Charges may apply for the payment providers you may be of the specific third party provider, for which our company bears no responsibility.

 

 

  1. Defected or Wrong Orders

If you receive the wrong order/ damaged product or in case of any other problem from our own responsibility, please contact our Customer Care immediately.

At first, in order to carry out a damage assessment, it is necessary that the damaged consignment, including all contents as well as the inner and outer packaging, should be presented to us via photos. The damaged/returning products will be picked-up at the delivery address you have stated us upon placing your order and sent to our Distribution Centre. All the returning products must be preserved in the proper storage conditions and must be in the exact same condition in which they were received. Products must be unopened, unused, complete in their original packaging with all the documents that followed the products together with the receipt or invoice. If one of the above-mentioned documents is missing, your request cannot be fulfilled and the product will not be collected by us. We will process your return request within a reasonable period. In case of a return the respective “Tastes” will be deducted.

 

 

  1. Disclaimer of Liability

The total content of this website including the listed products is provided without any guarantees, conditions, or warranties as to its accuracy. Unless it is  stated otherwise, to the fullest extent permitted by law, “byAgora” and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity law, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and goods, arising out of or in connection to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. In addition, “byAgora” cannot be held liable for any delay in the refund of part or the total of the amount you are entitled to due to the partner payment service providers, if the relevant order has been issued in time. Our company is not liable for any loss or damage that may be caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your hardware, software, data, or other proprietary material due to the use of our website or the download of any material posted on it or any other website linked to it. Our company cannot be held liable if for any reason including negligence in case  our site is interrupted or hindered and/or it is not possible to access it and/or if, despite the applied security measures, "viruses" or other malicious software are identified and transmitted to the terminals of users/visitors or if unauthorized third parties intervene in any way in the content and operation of the website hindering its use, causing problems to its proper functioning or stealing data related to users' personal information. Furthermore, we cannot be held liable in case of interruption to the access to our website for reasons beyond our sphere of influence, as well as due to technical or other network failure, force majeure, or unexpected events.

 

 

  1. Return

We advise you to check the products upon receipt. However, if you receive the wrong product/s please contact our Customer Center immediately. You can find the detailed the Return Policy, in article 8.  All our online store customers are able to recall any transaction within 14 days from the reception of their order either by sending a return form, within the above deadline, or by sending a return statement together with the product, provided that both the product and the statement will be received by the Company within 14 days from the receipt of the product. However, you will be responsible for the cost of returning the Product to us

Please note that the criteria for determining the products which cannot be returned are specified by the law, such as the fragile nature of a product, how easily it can be altered or its short expiration date, and have been determined per the usual practice and based on the statements and related conservation and maintenance instructions of the producers, as these are indicated on the product labels.

Otherwise, returns must take place within 14 days of your return statement by email. It is your own responsibility and with your own expenses. The returning products must be preserved in the proper storage conditions and in the same condition in which there were received. There must be unused, it must unopened, whole, in their original packaging with all the documents that follow the products, together with the receipt or invoice  along with the Return Statement (even if you have already sent it to us by email). The form must be filled in with all the necessary required information, printed out and signed by you and included in the return parcel.  In case of a return the respective “Tastes” will be deducted. Charges may apply for the payment providers you may be of the specific third party provider, for which our company bears no responsibility. If these conditions are not met or if any of the above-mentioned documents accompanying the product are missing, your request for Return cannot be satisfied and the product will be returned to you with your own expenses.

 

 

  1. Communication

We always appreciate your feedback or other suggestions about our Website & products, but you understand that our use of them does not imply any obligation to compensate you for them (just as you have no obligation to offer them). By submitting any material to us, you consent to its use by us in accordance with these terms of use. If you do not want to grant us the permission set out above on these terms, please do not submit or share any material on the website, otherwise we assume that you have accepted our “«Terms & Conditions»”. By visiting our website or sending us e-mails, you are communicating with us electronically. Our forms of communication with you are by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive electronic messages and you agree that all agreements, notices, disclosures, and other information we provide you electronically meet any legal requirement that such communications be in writing.

We use a complaint handling procedure with a view to try to resolve any disputes that may arise. Should you have any complaints or comments, please contact immediately our “Customer Service”.

 

 

  1. Social media

Our website provides you with the option to interact with social media networks, i.e. Facebook, “Like” buttons, Twitter, Google+, Pinterest and other. These features may enable access and/or signing in to your social media accounts. We do not control those social media and your profiles on those, and we cannot change your privacy settings on those or establish rules about how your personal information on those will be treated. Only you and the social media service providers may control those issues, not by us. We recommend you read all policies and information on the respective social media to learn more about their privacy policies before using any such features made available to you on our website. We are not responsible for any acts or omissions by any social media service provider or your use of features included in their platform.

 

 

  1. Waiver

To the extent permitted, we hereby exclude liability for any claims, losses, demands, or damages of any kind whatsoever with respect to our site, or the data featured on it, including, without limitation to, direct, indirect, incidental, or consequential losses, or damages, whether arising from the following indicative issues, loss of profits, loss of revenue, loss of data, loss of use or otherwise, and whether the possibility of such loss has been notified to “byAgora”. The foregoing will apply whether such claims, losses or damages arise in tort, contract, negligence, under statute or otherwise. However, when using our goods, your statutory rights are not affected. Always bear in mind that our site is provided as is. Thus, access to it is at the entire risk of the visitor-user. For the products or good that you find on our site, we cannot be responsible for defects that are attributed to the producers. Our primary role is that of resale and we take every care, under the applicable laws governing our actions, to honor it. We cannot be held responsible for defaults beyond our control. If you breach these conditions   and we take no further action, we will still be entitled to use our rights and remedies in any other similar situation.

 

 

  1. Governing Law and Authority

All orders are subject to the law of the Federal Republic of Germany, unless special consumer protection regulations in the customer's home country are more favorable.

Click on the link  http://ec.europa.eu/consumers/odr/  to reach the European Commission's platform for out-of-court dispute resolution in accordance with the regulation on online dispute settlement in consumer matters.

 

 

  1. Agreement

The above “«Terms & Conditions»”, the” Privacy Policy” and “TASTES” constitute the entire agreement of the parties and supersede any and all preceding and current agreements between you and “byAgora”. Any waiver of any provision of the “«Terms & Conditions»” use will be effective only if in writing and signed by a Director of “byAgora”.

If any provision of the contract is held to be abusive or is void, this does not affect the other terms of the contract, which shall remain valid and binding to the parties. Any delay in exercising some or all the rights by the parties under these terms does not imply the weakening or waiver of this right, which may be exercised at any time at a later stage and in the beneficiary's reasonable discretion.

 

 

  1. Ethical Policy

Our ethical policy and our suppliers as well includes: Minimum age of employment, freely chosen employment, Health and safety, Freedom of association and the right to collective bargaining, Not discrimination, Not harsh or inhumane treatments, Working hours, Rates of pay, Terms of employment.  Will never, knowingly, source products from countries that are   not in compliance with the above principles. We also encourage our suppliers to respect these principles when dealing with their own suppliers, but we cannot guarantee that they indeed take any actions in this direction. Due to the complexity of some of our suppliers' supply chains, it is not always possible to monitor and control the conditions under which everyone participates in the production

 

 

  1. Reclaims

You agree to indemnify, defend, and protect our site directors, officers, employees, consultants, agents, and affiliates, from all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of our Website or your breach of the «Terms & Conditions». In any case, and if the company is responsible for any damage due to its proven negligence, the company is liable to cover only the actual loss of the injured party caused by and related directly to the harmful event and the company's negligence. Likewise, all the limitations of liability set out in these terms of use apply and are recognized and accepted by the user/consumer/visitor/member of our site in their entirety as valid and consistent with good faith and commercial ethics.