1. Introduction

The mmcmarket.com (hereinafter referred to as “e-shop”) is the online store created and operated by the company called ‘Mega Machines Channel LP’ (hereinafter referred to as “MMC”), located at Greece, with VAT registration number 802064029/P.F.S. PTOLEMAIDAS and contact details, telephone: 2463400923, email: [email protected] , for the sale of products via the Internet.

This document (along with any documents mentioned herein) sets out the terms and conditions governing the use of this website and the purchase of items through this website (“Terms and Conditions”). (Canditate) customer – user of this website, is requested to read carefully these Terms and Conditions and the Privacy Policy, which is available in this website, before using this website.

By using this Website or placing an order through it, customer agrees to be bound by these Terms and Conditions and by Data Protection Policies. Therefore, if customer does not agree with the above, he/she must not use this Website.

The use of the e-shop is governed by the present terms and conditions (hereinafter “Terms”), which users are requested to read carefully and comply with them during each visit and use of the e-shop. The use of the e-shop presupposes and implies unconditional acceptance of these Terms, provided that the user fills in the corresponding acceptance field, in which case the user’s express and unconditional acceptance and legal capacity are presumed.

The Terms are governed by the provisions of Greek law, in particular the provisions on consumer protection, e-commerce, the protection of personal data, the protection of intellectual and industrial property rights, as applicable.

The company ‘Mega Machines Channel LP’ is entitled to modify the Terms at any time without notice, but undertakes to update this text for each modification or addition.

In the event that the availability of any product of the e-shop is regulated by more specific terms of use, these terms shall be considered as one with these Terms. However, in case of conflict, the more specific terms of use of each product shall prevail.

If users have any questions about Terms and Conditions or the Privacy Policy, they may contact us via the contact information provided on our website.

2. Use of the Website

When customers use this website and/or place orders through it, they agree to:

1. They may only use the website to make legitimate inquiries or orders.
2. They will not make any speculative, false or fraudulent orders. If the company reasonably of the opinion that such an order has been made, it shall be entitled to cancel the order and inform the relevant authorities.
3. They also agree to provide correct and accurate email, postal and/or other contact details to the company. Also, they acknowledge that the company may use these details to contact them in the event that this should prove necessary. If users do not give the company all the information that it needs, it may not be able to complete their order. By placing an order through the Website, user represent and warrant that he/she is at least 18 years old and is legally capable of entering into binding contracts.
4. Limitation of Liability – Information Provided and Products

The company makes every effort to ensure the completeness and accuracy of the information provided in the e-shop, both in terms of the appearance of the essential technical characteristics of the products offered, as well as the accuracy of the data relating to the services provided by its online store, without prejudice to any technical or typographical or other errors that may have occurred unintentionally.  

The availability of products as shown in the e- shop may not correspond to the actual availability of the products, for technical reasons. The company undertakes in any case to inform the user in time if the order includes unavailable products. 

The company makes every effort to ensure that the products ordered are delivered to the user within the time limits specified in the Terms, however, it reserves the right for any delays due to unforeseen events or reasons of force majeure.

The e-shop website is provided “as is”, as well as the information, names, photographs, graphics, trademarks, illustrations, product descriptions and general content (hereinafter “Content”) posted on it. Under no circumstances shall the company be liable for any damage, positive or consequential, direct or indirect (such as loss of profits, data, etc.) of third party users, related to the operation or not and/or the use of the e-shop, and/or to the inability to provide services and/or information available from it and/or from any illegal interventions of third parties on the website, on products and/or information available through it.

The e-shop, among other things, may provide a hyper-link to third party websites, which have full control over the content posted on them and therefore full (civil and criminal) responsibility for the security of their websites, the legality and validity of their content and services as well as the responsibility for the redress of any claim from any violation of other persons’ rights, such as intellectual and industrial property rights, etc., expressly excluding any liability of the company for the content of the websites.

Users are required to contact the providers of these websites directly for any questions or other issues related to their visit and/or use.

Users acknowledge that the company is not obliged, nor can it control the security and content of the websites and services of third parties, to which a link is provided on the e-shop website. In any case, the company reserves the right to remove at any time, at its discretion, from the e-shop website links to third-party websites and to discontinue the availability of these services.

4. E- shop availability

The company makes every possible effort for the regular operation of the e-shop and the best service to users, without being responsible for any inability of users to gain access to it or to proceed to the execution of individual functional orders, as the functionality of the e-shop may be affected by the users’ equipment (hardware and software), the communication networks, the large number of simultaneous users or other causes.

The company has the right to modify and/or temporarily or permanently discontinue all or part of the e-shop, without notice, or for reasons of maintenance or upgrading or security of the website, or for any other reason it deems necessary, informing users of the period of suspension and how to contact the company. In any case, the company is obliged to safeguard the security of transactions and to provide timely and appropriate information to users whose orders or returns are in progress.

Although the company makes every effort to protect the e-shop from digital viruses, it cannot guarantee that it will never be infected by viruses (virus free). Therefore, each user must ensure his/her own protection (use of antivirus, virus scanner or other protection systems) before using the e-shop or storing its information, software or content on his/her terminal devices.

5. Orders – How the contract is formed

The information contained in these Terms and the details contained on this website do not constitute an offer of sale, rather an invitation to treat. There shall be no contract between customer – user and the company in relation to any product until customer’s order has been expressly accepted by the company.

The user submits the order by following the automated process of the e-shop. The process is completed by selecting the button/icon [“COMPLETE PURCHASE”] and the display of an automated message for the completion of the order and consequently the company will contact the customer via e-mail to the e-mail address he/she declares in the e-shop to confirm the receipt of the order. Contacting the customer by e-mail at the declared e-mail address does not entail that the order has been accepted, as this constitutes an offer by the company to the customer to purchase one or more products. All orders are subject to acceptance by the company and the forementioned acceptance will be confirmed by sending an e-mail to the customer confirming that the product has been dispatched (“Dispatch Confirmation”). The contract between the Company and the Client for the purchase of a product (“the Contract”) will only be deemed to have been concluded when the Dispatch Confirmation is sent. The Contract will only relate to the products whose dispatch has been confirmed by the company in the Dispatch Confirmation. From that point onwards, the sale contract between the customer and the company is deemed to have been concluded. The user is informed of the processing of his order by informative e-mails at each stage of processing.

The indicated prices of the products are the final prices (i.e. including VAT). The company reserves the right to change prices without prior notice. In any case, the user is charged based on the price indicated in the e-shop at the time of order submission. Product offers, which appear from time to time in the e-shop, are valid for the period specified each time and until stocks are exhausted.

6. Availability of the products

All product orders are subject to availability of the same. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, company reserves the right to provide customer with information on substitute products of the same or higher quality and value, that customer may order. If customer does not wish to order the substitute products, company will reimburse any amount that he/she may have paid.

7. Refusal of Order

Company reserves the right to withdraw any items from this website at any time and/or remove or edit any material or content on this website. Although the company makes every possible effort to process all orders placed with it, exceptional circumstances may arise in which company may need to refuse to process an order after it has already sent the customer an Order Confirmation, which company reserves the right to do at any time at its complete discretion. Company accepts no liability towards customer or towards any third party for the withdrawal of any items from this website or for the removal or editing of any material or content on this website or for refusal to process or accept an order after company has sent customer an Order Confirmation.    

8. Delivery

Notwithstanding the terms above regarding product availability and save for extraordinary circumstances, company will endeavour to send the order consisting of the product(s) listed in each Shipment Confirmation prior to the date indicated in the Shipment Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the payment method and, in any case within a maximum period of 30 days from the date of the Order Confirmation. Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone.

If for any reason company is unable to comply with the delivery date, company will inform the customer of that situation and it will give customer the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

For the purposes of these Conditions, “delivery” shall be understood to have taken place or the order “delivered” as soon as customer or a third party indicated by the customer other than the carrier acquires physical possession or control of the goods, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.

9. Inability to Deliver

If company is unable to deliver customer’s order to him/her, it will try to find a safe place to leave customer’s parcel. Company will also leave a note explaining where customer’s order is and what he/she has to do to collect it.

If the order still could not be delivered after 15 days from the point at which customer’s order is available for delivery and for reasons for which company is not to blame, it will assume that customer wishes to cancel the Contract and the Contract will be deemed as terminated. As a result of the termination of the Contract, company will return all payments received from customer including delivery charges as quickly as possible and, at any rate, within 14 days of the date that the Contract was terminated. It has to be noted, however, that carriage resulting from termination of the Contract may involve a higher cost, which company is entitled to charge the customer.

10. Transmission of Risk and Ownership of the Products

The product risks shall be customer’s responsibility from the moment when he/she or a third party indicated by the customer other than the carrier acquires physical possession or control of the goods. Customer will take ownership of the products when company receives full payment of all amounts due in relation to the same, including delivery fees, or at the moment of delivery, if that were to take place at a later time.

11. Price and Payment

The price of the products will be as stipulated at all times on the website, except in the case of an obvious error. Company makes every effort to ensure that the prices featured on the website are correct. Notwithstanding, error may occur. If company discovers an error in the price of any of the products that customer has ordered, it will inform the customer as soon as possible and give him/her the option of confirming his/her order at the correct price or cancelling it. If company is unable to contact customer, the order will be considered cancelled and all amounts paid will be reimbursed to the customer in full.

The company is not obliged to provide customer with any product at the incorrect lower price (even when company has sent the Shipment Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by the customer as an incorrect price.

The prices on the website include VAT, but exclude delivery fees, which are added to the total price. 

Prices may change at any time, however, except as stipulated above, the changes shall not affect the orders for which company has sent an Order Confirmation.

Once customer has selected all articles that he/she wishes to buy, those will have been added to customer’s basket and the next step will be to process the order and make payment. To that end, customer must follow the steps of the purchase process, filling up or verifying the information requested in each step.

Customer may use, as payment method, the cards Visa, Mastercard, American Express and PayPal as well as via Apple Pay where available. When customer clicks “Authorize Payment”, he/she is confirming that the credit card is his/her. Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, company shall not be liable for any delay or failure to deliver, and it will be unable to formalize any Contract with the customer.     

12. Returns of products

Upon delivery of the products, the user must check the products received (as to identity, integrity, condition, packaging, etc.) In all cases in which products are sent to the user that are visibly damaged, indicatively damaged in transit, with poor packaging, etc., the user should refuse to accept the product from the outset and contact the company directly at the contact details listed above. In any case, the user reserves the rights provided for by the legislation in force.

Return of products can be held:

1. In all cases, in which, due to an error of the company, products were sent to the user that he/she did not order and the user made a good faith effort to receive them. The return of the non-ordered items must take place within three (3) days of their receipt, otherwise the company is not obliged to re-execute the original order.

Β. In case of delivery of a defective product.

Γ. In the event that the user wishes to withdraw from the transaction, in accordance with the provisions of clause 13 below.

Products must be returned in the condition in which they were delivered to the user, in the original complete packaging that normally accompanies the product, along with all the documents included in it and accompanied by the legal proof of purchase. The company may refuse to accept returned items that do not meet the above conditions, as well as credit the amount of the value of the product, while the product will be returned to the sender at his own expense. In case of refusal to receipt the product, this will be destroyed.

The return of products is held without any financial charge to the user.

13. Withdrawal

The customer has the right of withdrawal under the terms and conditions provided by the provisions of consumer protection legislation, namely within a period of fourteen (14) calendar days from receipt, by returning the commodity in its original condition, in unopened packaging, while the return costs fall on the company.

The withdrawal period will expire after 14 calendar days from the day on which customer or a third party indicated by him/her other than the carrier acquires physical possession or control of the goods or in case of multiple goods in one order delivered separately, after 14 calendar days from the day on which customer or a third party indicated by him/her other than the carrier acquires physical possession or control of the last good.

Customer’s right of withdrawal from the Contract only applies to items returned in exactly the same condition as he/she received them. Customer will not receive any refund for items used after they were opened if the item is not in the same condition as when it was delivered or if it has been damaged. Customer should therefore take good care of the items while they are in his/her possession, and in any case customer is always liable for any reduction in the value of the items resulting from their handling which alters their nature, characteristics and functioning

The customer is not entitled to withdraw if he is a body corporate or a person who purchases the products for use in the context of his commercial, business, craft or professional activity. Similarly, the customer shall not have the right of withdrawal in any other case that is prescribed by the applicable legislation.

The right of withdrawal is exercised by submitting a document (withdrawal statement), which expressly and undeniably reflects the will and intention of the customer to exercise his/her right. The statement of withdrawal is submitted electronically to the company’s e-mail address listed above.

The company will immediately inform the customer by e-mail of the receipt of the withdrawal statement. In this case, the company is obliged to refund the amounts paid by the customer (value of the returned product and shipping costs upon receipt) within fourteen (14) calendar days from the date of submission of the customer’s withdrawal statement. The refund will be made by the same payment method used for the original transaction.

14. Returns of defective products

In the cases in which customer considers that at the moment of delivery the product is not as stipulated in the Contract, he/she must immediately and without delay contact the company using the ways and means of communication mentioned above. Customer must provide the product details and the damage sustained, where company will indicate what customer needs to do.

Customer must return the product together with the ticket that he/she will receive with the product when it is delivered.

Company will carefully examine the returned product and will notify the customer by e-mail within a reasonable period if the product may be refunded or replaced (as appropriate). The refunding or replacement of the article shall take place as soon as possible and in all cases within 14 days from the date on which company sends the customer an email confirming that the refund or replacement of the product is going ahead.

The amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to the customer for returning it to the company. The refund shall be paid by the same payment means customer used to pay for the purchase.

15. Intellectual property rights

The e- shop is the official online store of the company.

The Content of the website is company’s property. The names, images, logos and distinctive features that represent the company and the e-shop are trademarks and/or distinctive features of the company and their use is governed by the Greek and Community legislation on trademarks, on protection of industrial and intellectual property, on unfair competition and any other relevant legislation. In any case, their appearance and exhibition on the website of the e-shop should in no way be construed as a transfer or assignment of a license or right to use them.

Any copy, distribution, transfer, procession, resale, production of derivative work or deceitfulness of the public regarding the beneficial owner of the Content, trademarks and other distinctive marks included in the e-shop is forbidden. Any reproduction, republication, uploading, announcement, dissemination or transmission or any other use of the Content in any manner or means for commercial purposes or purposes other than the use of the e-shop, in order to purchase or user’s information of the available products and services, in accordance with the Terms, is permitted only after the prior written permission of the company.     

16. Users’ Obligations

Users accept, agree and covenant that they will make lawful and appropriate use of the e-shop. Therefore, users indicatively and not restrictively agree that they will not use the company’s e-shop to:

1. publish, send by e-mail or transmit by other means content that is not lawful or is contrary to good morals and business practices, or is transmitted in a way that harasses third parties or damages the individual and social rights of third parties, is threatening, offensive, defamatory, slanderous, lewd, obscene, libelous, constitutes a privacy breach, or expresses racial, ethnic or other discriminations
2. cause harm to a minor
3. publish, send by e-mail or otherwise transmit content for which users do not have the right to transmit
4. send, publish, send by e-mail or transmit by other means, content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party
5. mislead anyone as to the origin of the e-shop’s content, damage in any way the reputation of the company or third parties, compromise the security of the company’s Internet, prevent any user from accessing the e-shop
6. install and promote, in any way, any kind of advertising or unsolicited e-mails (spam), chain letters, pyramid schemes and any other form of unsolicited promotional content or correspondence
7. publish, send by e-mail or transmit by other means material that contains viruses or malware or any other code, files or programs designed to interrupt, damage, destroy or impair the operation of any software or computer hardware
8. harass third parties in any way
9. collect or storing personal data

In any case of illegal use or use contrary to the Terms, users are obliged to compensate the company for any positive and consequential damage. Any failure by the company to exercise its rights under the Terms and Conditions does not imply a waiver of these rights by the company.

17. Transfer of rights and obligations

The Contract is binding for both customer and company, as well as for their respective successors, transferees and heirs.

Customer may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations derived from the same, without having obtained company’s written consent in advance.

Company may transmit, cede, levy, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from the same, at any time during the life of the Contract. To avoid any doubt, said transmissions, cessions, levies or other transfers shall not affect the rights that, as applicable, customer has as a consumer recognized by law or cancel, reduce or limit in any way the express and tacit guarantees that company may have given to the customer.

18. Events of force mazeure

Company will not be liable for any non-compliance or delay in compliance with any of the obligations company assumes under a Contract when caused by events that are beyond its reasonable control (“Force Majeure”).

Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond company’s reasonable control, including, among others, the following:

1. Strike, lockout or other forms of protest.
2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.

1. Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
2. Inability to use public or private telecommunication systems.
3. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that company’s obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect, and company will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Company will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables company to fulfil its obligations by virtue of the Contract despite the situation of Force Majeure.

19. Waiving of rights

The lack of requirement on company’s part for strict compliance on customer’s part with any of the obligations assumed by him/her by virtue of a Contract or of these Conditions or a lack of exercising on company’s part of the rights or actions that correspond to it by virtue of this Contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate customer from fulfilling said obligations.

The waiving on company’s part of a specific right or action shall not constitute the waiving of other rights or actions derived from the Contract or from the Conditions.

The waiving on company’s part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to the customer in written form.

20. Partial Invalidity Clause

Should any of these Conditions or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.

21. Entire Agreement

These Conditions and any document referenced in the same constitute the entire agreement between customer and the company as regards the purpose of the same, replacing any previous pact, agreement or promise made between customer and the company verbally or in writing.

22. Right to modify these Conditions

Company has the right to review and modify these Conditions at any time. Customer is subject to the policies and Conditions in effect at the moment in which he/she uses this website or place each order, except when by law or decision of governmental entities company must make changes retroactively to said policies, Terms or Privacy Statement, in which case the possible changes will also affect orders made previously by the customer.

23. Applicable Legislation and Jurisdiction

The use of this website and the product purchase contracts through said website shall be governed by Greek legislation and these Conditions and Terms with every alteration of them.

Any controversy that arises or is related to the use of the website or said contracts shall be subject to the jurisdiction of the Greek courts, as defined and provided for in the Code of Civil Procedure and any other relevant applicable law relating to ratione materiae and ratione loci jurisdiction.

24. Protection of Personal Data

Regarding the issues related to the protection of the processing of users’ and customers’ personal data through the e-shop, information is provided in the Privacy Policy, which is posted, readily available and accessible through the website (Privacy Policy).