GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF USING THE WEBSITE AND E-SHOP
«AETHERCOSMETICS.COM»
This website “www.aethercosmetics.com” was created and is owned by the company “A.D AETHER LUXURY COSMETICS LTD”, located in Larnaca, Cyprus (10 Tyrnavou Street, Quality Tower C, 3rd Floor, Office / C32, 6037), with registration number HE383167.
This Website, as well as its online e-shop (hereinafter referred to as the “e-shop”), is operated and managed solely, with contractual permission from “A.D AETHER LUXURY COSMETICS LTD”, by the Company under the name” NIAD INTERNATIONAL DISTRIBUTORS MONOPROSOPI IKE” and the distinctive title “NIAD INTL DISTRIBUTORS”, having its corporate seat in Athens (Karneadou 22), duly represented, (henceforth referred to as “the Administrator” or “the Distributor”), functioning as an exclusive distributor of the products of the company «A.D. AETHER LUXURY COSMETICS LTD”, with the sole purpose of serving its customers with regard to the products of the company «A.D AETHER LUXURY COSMETICS LTD».
All products displayed on the Website are manufactured by “A.D AETHER LUXURY COSMETICS LTD”.
The following terms and conditions (hereinafter referred to as “Terms of Use” for short) are the terms and conditions under which the Company and the Distributor provide its Customers, Users or simply Visitors its services through its Website and its online store “aethercosmetics.com”.
Interested parties are advised to read the Terms of Use carefully and to visit, browse the Website or even transact with the “aethercosmetics.com” Online Store only if they fully agree to the Terms of Use of this Website, the Online Store and the Services that it offers, since the use is the unconditional acceptance of these terms. In the event that any Consumer / User / Visitor disagrees with these terms, he/she is invited not to use this site.
By accessing or using the Website and/or its online shop, you acknowledge that you have read, understood and agreed to the fact that you are unreservedly bound by the Terms and Conditions, an integral part of which is the Personal Data Protection Policy set forth in this Agreement according to the Regulation (EU) 2016/679 (General Regulation on Data Protection) and the relevant legislation in force.
- DEFINITIONS
The following definitions apply here:
“The Company” is the company “A.D AETHER LUXURY COSMETICS LTD” with registration number HE388167, having its corporate seat in Larnaca, Cyprus (10 Tyrnavou Street, Quality Tower C, 3rd Floor, Office / C32, 6037)
“Distributor or Administrator / Distributor” is the company under the name “NIAD INTERNATIONAL DISTRIBUTORS MONOPROSOPI IKE” and the distinctive title “NIAD INTL DISTRIBUTORS”, having its corporate seat in Athens (Karneadou 22) as duly represented, which as the exclusive distributor of “AD AETHER LUXURY COSMETICS LTD” products exclusively manages the Website and the Online Store.
“Online Store” and “aethercosmetics.com” are the Website of the Online Store operated by the above Distributor / Administrator and includes the “Content” and the “Services”.
“Content” are all the texts, graphics, design and programming used on the above website.
“Text” are all the texts on the Website, whether it is editorial text, educational or consulting, or advertising.
“Graphics” are all logos, buttons and all other graphic elements of the Website.
“Design” is the color combination and layout of the website.
“Programming” is the user code (HTML, JavaScript, etc.) and the server code used on the website.
“Services” are all services provided through the Website by the e-shop “aethercosmetics.com”.
“User” is every natural or legal person who visits the Company’s e-shop and creates an Account on the “aethercosmetics.com” Website.
“Consumer” is every natural or legal person who visits the website of “aethercosmetics.com” and eventually purchases products from it by means of the e-shop.
“Visitor” is every natural or legal person who visits the website of “aethercosmetics.com”
“Account” is the registration of the Visitor as a User on the Website “aethercosmetics.com”
“Product” is the item available for sale through the e-shop “aethercosmetics.com”.
“Shopping Cart” is the total of products you have selected to purchase. It allows you to track, add and remove items, as you would in a regular store.
- GENERAL TERMS
2.1. This constitutes the agreement entered into between you, the Consumer, the User or even the Visitor (hereinafter referred to as “you” or “Consumer, User and Visitor”) and the above company, brand name “NIAD INTERNATIONAL DISTRIBUTORS MONOPROSOPI IKE” as Website Administrator and E-shop Administrator. By browsing, accessing or using the Online Store, and using any of the services or services available through it, you agree to be bound by the terms and conditions set forth below (hereinafter referred to as the “Agreement”).
2.2. “NIAD INTERNATIONAL DISTRIBUTORS MONOPROSOPI IKE” as the Administrator of the Website and the e-shop reserves the right to modify these terms and conditions at any time, as it deems necessary, by notifying Consumers, Users and Visitors through of the website ‘aethercosmetics.com’. It also reserves the right to establish more specific terms of use, which, however, will be considered as a whole with the general terms of use described herein, and in the case of a conflict between them the specific terms of use shall prevail. Failure by the Website and the Online Store to exercise the rights under these Terms of Use does not imply waiver of these rights by the Administrator, nor does it imply the implied termination of the Terms and / or the Terms of Use.
2.3. Consumers, Users and Visitors must at all times check for possible modifications to the Terms of Use and as long as they continue browsing / using the services or services available, it is uncontestedly presumed that they accept the amended terms and consent, acquiesce to and approve them. Otherwise, they must refrain from using “aethercosmetics.com”. In addition, Consumers, Users and Visitors use this Website at their own sole responsibility, and its content may in no way be construed as giving advice or prompting them directly or indirectly to take any action.
2.4. The Website “aethercosmetics.com” strives to maintain and ensure the availability of its website and its contents. Regardless of these efforts, the availability of this website depends on various factors such as the technical equipment of the users, the number of users attempting to connect to this website or the internet, etc. Also, the Administrator and consequently this Online Store are entitled at any time and without any prior notice to change the nature and content of this website, as well as to temporarily suspend or discontinue its operation.
- USE AND TERMS OF USE OF “aethercosmetics.com”
3.1. The use of the services and the Website “aethercosmetics.com” in general is subject to the terms and conditions set forth herein. Any new services included in and carried out by “aethercosmetics.com” will be subject to these Terms of Use, unless expressly stated otherwise.
3.2. Access to the website and Online Store “aethercosmetics.com” and therefore participation in any service (eg, Account Creation, Purchase of Products, etc.) is only permitted to persons who have completed the eighteenth year (18th) of their age and have full legal capacity. The Website and the Online Store “aethercosmetics.com” have no responsibility whatsoever for any visit of its website and its use by underage children as it cannot control the identity of incoming Users / Visitors / Consumers.
3.3. Each Consumer, User and Visitor expressly warrants and declares that when he is using the services of ‘aethercosmetics.com’, he will provide true, accurate, valid and complete information about his person and that he has the necessary legal requirements as well as the necessary competence to understand the terms and conditions contained herein. He agrees to maintain and keep up to date the information requested to keep it true, accurate, valid, up to date and complete. The Administrator / Distributor is not responsible for any use of the Services by Consumers, Users and Visitors who do not fulfill the above.
3.4. It is not mandatory to create a personal account to make any purchase from ‘aethercosmetics.com’ as you can make your purchases as a single Visitor. By creating your own Account, however, you can save personal details and shipping addresses so that they do not have to be repeated for every order you make.
3.5. To use the ‘aethercosmetics.com’ Website and its services in general, you need to have an Internet connection and appropriate telecommunications links. The Company shall not be liable for any telephone, telecommunication or other expenses that may be incurred.
3.6. Safety rules:
(a). Consumers, Users and Visitors are prohibited from violating or attempting to violate the security of the ‘aethercosmetics.com’ website, including, but not limited to: (i) accessing data not intended for any Consumer, User or Visitor; or log on to a server or account to which they do not have permission of access, (ii) attempt to investigate or test vulnerabilities in the system or network or breach security or authentication measures without authorization, (iii) attempt to block the service to any natural and / or legal person; (iv) send unsolicited emails, including promotional and / or advertising of products or services, and (v) forge any information. Violations of the system or network security may lead to civil or criminal liability.
(b). Violation of these Security Rules may result in civil or criminal prosecution. The Administrator / Distributor will investigate incidents that may be related to such violations and may engage in and cooperate with the Police Authorities in the prosecution of those related to such violations.
3.7. Consumers, Users and Visitors of the “aethercosmetics.com” site will not be charged for its use in accordance with these terms and conditions. However, aethercosmetics.com may provide links to third party websites functioning through and operated by independent service providers. These third parties may charge a fee for the use of specific content or services provided through their website. Therefore, you should conduct any investigation that you believe is necessary or appropriate before conducting any transaction with any third party to determine if there will be a charge. When the Online Store provides billing information on the Website, this information is provided for convenience only and for information purposes only. The Administrator / Distributor company and therefore this Online Store “aethercosmetics.com” in no way guarantees that this information is accurate or in any way responsible for the content or services provided by such third party websites.
3.8. Non-compliance of a Visitor / User / Consumer with the Terms of Use of this site grants the right to this Online Store to take the necessary steps and to take any action necessary to remedy such behavior. In such cases, the Online Store is entitled to prohibit access to the services it provides or to delete, edit or move messages, always respecting the principle of proportionality. Any costs or damages that the Website may be required to be paid due to a Visitor’s / User’s / Consumer’s breach of its obligations engendered by these Terms of Use shall be borne by such Visitor / User / Consumer, who shall be obliged to pay without requiring the latter to apply to the Courts.
- ACCOUNT REGISTRATION AND CREATION
4.1. You do not need to sign up to browse aethercosmetics.com and do not need to create an account to use the full range of functionality of the aethercosmetics.com Website to access the services available, as well as to purchase a product. However, by creating a personal account, if you wish, you will be able to store personal details and shipping addresses, so that you do not have to enter them in every order, and you will also be able to receive informational emails from E-shop. Newsletters, (if published), which may be obtained by subscribing to mailing lists, are the intellectual property of “aethercosmetics.com” and are therefore protected by the relevant Laws. If you wish, you can always opt out of receiving newsletters after having previously informed the Online Store of your wish.
4.2. If the Visitor wishes to subscribe to the services of aethercosmetics.com Website, he agrees to: a) provide true, accurate, valid and complete information about the information requested by the Online Store in the relevant requests for access to the contents / services and (b) maintain and thoroughly update his/her registration information to keep it true, accurate, valid, up-to-date and complete.
4.3. The Website “aethercosmetics.com” provides its Users with Member Services upon acceptance of the terms of use of this Website and the completion of their registration process. The visitor / user clicks on the “sign up” option, enters his/her details: Email address and password and he/she is then directed to his/her personal account, where he/she can manage his/her profile / account details, shipping addresses, see the history of orders etc. He/She also receives a welcome email to register as soon as the visitor completes the registration process. Members remain solely responsible for all transactions carried out under their personal password, username and general user account. Members agree to immediately notify aethercosmetics.com Website of any unauthorized use of their account and any occurrence and / or potential breach of security. Members are also solely responsible for the careful use of their account and for their formal exit from their account at the end of each logout. This website is not responsible for any damage or detriment arising from the members’ inability to comply with this clause.
4.4. The aethercosmetics.com Website reserves the right to close accounts if it is found that the User is using proxy IP addresses in order to attempt to conceal the use of more than one registration account or if he/she interrupts the functioning of the Website or misuses the Service in any way.
- LIMITATION OF LIABILITY
5.1. The manufacturer of the products company “A.D AETHER LUXURY COSMETICS LTD” as well as the Administrator / Distributor Company, while guaranteeing the quality, safety and legality of the products available for sale in the Online Store, does not guarantee the legal capacity and / or legality of Users and Visitors for purchase.
5.2. The manufacturer of the products “A.D AETHER LUXURY COSMETICS LTD” as well as the Administrator / Distributor Company are not liable for any adverse effects or damage caused by the use of ordered products due to incorrect or inappropriate use of products by the Consumer. The producer company is solely responsible for any actual defects of the products sold at the Online Store. Its liability in case of a defective product is limited to the obligation to have it replaced it by the Administrator / Distributor Company, provided the conditions for the return of products are fulfilled.
5.3. The Administrator / Distributor is not responsible for any deficiencies in product availability due to force majeure, weather, fire, supplier strikes, third party unlawful conduct and generally reasons impeding the functionality of aethercosmetics.com.
5.4. The Administrator / Distributor Company is not responsible for any temporary or permanent failure to provide its services and delays in accepting and executing orders and delivery of ordered products for reasons not attributable to it, such as indicative causes of force majeure, extreme weather, natural disasters, emergency situations, strikes, fire, malfunctions of cooperating couriers, accidental deterioration or destruction of products before delivery to the Consumer and after being shipped,
user or third party unlawful interference, malfunction of the Internet Payment Processor (Bank) or the Host Provider or the Internet Service Provider (ISP) or the Access Provider or its terminal equipment User, incorrect reporting by the User and generally any incident that impedes the proper performance of its contractual obligations. The responsibility of the Distributor / Distributor Company is limited to its contractual obligations with the Consumer and shall make every effort to comply with them within a reasonable time.
5.5. The Administrator / Distributor Company is not liable for the poor condition of the delivered products, as long as it is not due to improper storage of the products by it and provided that all precautionary measures which it had to take were taken. The Distributor / Distributor Company is also not liable for any damage caused to the products by improper transportation (eg fractures, vibration cracks, etc.).
5.6. The information and tips on beauty and aesthetics provided by the site’s expert scientific staff are for information only.
5.7. This Website and the online store aethercosmetics.com provide the content (eg information, names, photos, illustrations, etc.) of the products and services provided through this site “exactly as they are”, without any warranty expressed or implied in any way. Also, aethercosmetics.com does not warrant that the content of this site and the quality of the services provided through it will meet the needs, requirements and expectations of its Users / Visitors. Any direct, consequential, incidental, indirect or loss-incurring damages arising out of access to or use of this website do not constitute a responsibility for aethercosmetics.com and the Administrator / Distributor Company.
5.8. Aethercosmetics.com is in no way responsible for any damage, detriment or infection by electronic viruses and / or other malicious software, computer or other electronic means used by the User / Visitor to access this site, nor is it responsible for damage related to inability to perform, error, omission, interruption, defect, delay in operation or broadcast or system line crash, etc.
5.9. In addition, any Consumer, User and / or Visitor is obliged to exclude, render harmless and exempt the Administrator / Distributor Company from any claims and / or claims for damages which may, for any reason, be claimed by third parties and which may be results from a breach of even one of the terms and / or conditions contained herein, their statutory obligations or rights, as well as any claim or claim arising out of the alleged copying, customization or imitation of products.
5.10. The Administrator / Distributor Company has no responsibility for the coverage of any claims of third parties, of any nature, which may arise in connection with the use of, copying, or tampering with the aethercosmetics.com Website or its contents or any other linked website by third parties unauthorized by the same person, regardless of whether the Administrator / Distributor Company had been informed, knew or should have known of this possibility.
5.11. No warranty is given for the continued and uninterrupted access to the aethercosmetics.com Website and its services, provided that this is a hindrance, at least in part, due to an accidental event and / or force majeure. Therefore there is no liability for any interruption of any of its services and / or inability to access aethercosmetics.com as well as for any direct or indirect damages, costs and expenses that may arise from any interruption, malfunction or delay in the operation of the services provided. arise from the causes listed above.
- BLOG – STATUS – SOCIAL MEDIA
6.1. ‘Blog’ is a form of Website. It consists of a list of entries, and its topics can vary (political, social, health, music, sports, technology, arts, etc.). Every Visitor / User has the opportunity to actively participate in it by sharing their opinions, comments or posting about the topic that is being developed each time.
6.2. The content and information posted on the Blog maintained by aethercosmetics.com constitutes an offer to the Visitor / User and to the general community of Internet users and may in no way be construed as valid information and / or advice, nor does it in any way conceal any prompt for the business or non-specific actions.
6.3. Aethercosmetics.com undertakes the collection, editing and distribution of Blog content. Any posting to the Blog by aethercosmetics.com is subject to approval by the administrators of that Blog to ensure the proper presentation and quality of the content of the posts. In order for a User / Visitor / Consumer to post an article he must first email the content of the post he wishes to make, accompanying it with a photo or picture if he wishes so. Aethercosmetics.com may approve or reject the posting that the applicant wishes to make. Visitors / Users / Consumers of the “Blog” maintained by the aethercosmetics.com Online Store using their own services also assume responsibility.
6.4. If aethercosmetics.com receives notice that the content of certain posts hosted on its Blog infringes on third parties and / or violates the personal data of third parties, is illegal, unethical or infringes upon its privacy, it reserves the right to act immediately and without notice delete the relevant posts and / or the User who posted and / or posted the relevant posts. This clause applies to any texts, photos, images, audio files, video files, and any other content that Visitors / Users / Consumers may post / post on the Blog.
6.5. Aethercosmetics.com also actively participates in Social Media, creating its own page on those (Facebook, Twitter, Instagram, Pinterest, LinkedIn, YouTube). The Visitor / User / Consumer in order to access the pages maintained by aethercosmetics.com on the above Social Media must already have or create his own Account on those, giving his consent to their respective Terms of Use. Participation in these Social Media Networks does not give rise to any claim against aethercosmetics.com and the Administrator / Distributor is not responsible for the existence and content of these pages.
- APPLICABLE LAW
7.1. The Administrator / Distributor Company, operating the aethercosmetics.com Website and Online Store, reserves the right to modify or update in writing these Terms of Use and the General Terms without notice, which will be effective from the date they are posted on aethercosmet.com. Failure to exercise any right of the Distributor Company cannot be construed as a waiver.
7.2. Your navigation, use and trading with aethercosmetics.com is governed by Greek law, European Union law and the relevant international treaties. Any dispute arising out of the navigation, use and transaction with aethercosmetics.com is brought before the competent courts of Greece.
7.3. Any order of the foregoing terms being contrary to law shall cease to apply by operation of law, be repealed and removed from here without prejudice to the validity of the other terms.
LINKS TO / AND FROM OTHER NETWORK SITES
- Where the Website contains links to third-party sites and resources provided by third parties (hereinafter referred to as “Other Sites”), these “Other Sites” are linked solely for the purpose of providing information and for your convenience.
- The Company does not control the availability, content, personal data protection policy, quality and completeness of the services of other web sites and pages to which it refers to “links”, hyperlinks or advertising banners. Therefore, for any problems encountered during their visit / use, you should refer to the respective web sites and pages which are fully responsible for their services. Aethercosmetics.com shall in no way be considered to endorse or accept the content or services of the web sites and pages to which it refers or in any way links to them.
- The Company does not exercise any control over other sites nor does it accept or assume responsibility for other sites or the content or products or services of other sites (including, without limitation, social networking sites such as Facebook, Twitter, Instagram, Pinterest, Google+) and accepts no responsibility for any loss or damage that may result from your use of them. If you decide to access third-party sites linked to the site, you do so by your own risk.