Welcome to www.thefabulousgroup.gr !
1. About Us
By accessing the website www.thefabulousgroup.gr (hereinafter referred to as the “Website” or the “e-shop”) you enter the online store of the company under the name “K. STAMATOPOULOS S.A. INTERIOR DESIGN & CONSTRUCTION MATERIAL”, with its registered seat in Athens, Greece, Vouliagmenis Avenue 270A – 17343, Ag. Dimitrios, with Tax Registration Number 084111392 (Tax Authority of FAE PIREA), telephone number 2109708180, e-mail address operations@thefabulousgroup.gr, hereinafter referred to as the “Company”.
Through the Website, users can browse through and purchase, at a distance, products and more specifically furniture fabrics, curtains and flooring (hereinafter referred to as the “Products”). The Products are sold exclusively to consumers (B2C), i.e. only natural persons that act outside the course of their trade, business, craft or profession (hereinafter referred to as the “Users” or “Client(s)” or “Customer(s)” or “you”).
By accessing or using the Website, you acknowledge that you have read, understood and agreed that, without any limitations or modifications, your are bound by these Terms and Conditions, together with the Website’s Privacy Policy and Cookie Policy which form an inseparable part of these Terms and Conditions and which have been drafted pursuant to the Regulation (EU) 2016/679 (General Data Protection Regulation) and the applicable national laws and principles. When you access and/or make use of this Website, you are obliged to comply with the Terms and Conditions and any specific recommendations, warnings, guidelines for access and use uploaded therein. You are obliged to act according to applicable laws, customary practices and good faith. You must refrain from any change or modification of the Website, as well as its content or services offered therein, and you must not impair the Website’s integrity or functionality. In case you breach, either by misconduct or negligence, any of your obligations provisioned in these Terms and Conditions (including the Privacy Policy and Cookie Policy), you shall be liable for any loss or damages caused to the Company, its affiliates or licensors.
All information available at the Website is intended exclusively for informational use.
2. Create an Account
2.1. You are not obliged to create a client Account in order to make a purchase, as it is possible to buy as a guest (guest check-out). You can create a client Account by clicking on the field “Create an Account”.
2.2. Accuracy of submitted data: upon registering and opening an Account, you are required to enter the mandatory information (name, surname, e-mail address) which must be true, accurate, up to date and which you must keep true, accurate, up to date for as long as you maintain an Account with us. The Company obtains access to your data stored in your Client Account for the purposes of the e-shop and the order and purchase procedures. In case the information you have provided to us changes, you must notify us through your Client Account at the e-shop.
2.3. Statutory obligation of the e-shop to inform you on your order status:
Our Company is required under consumer protection law to send you updates within the context of the conclusion and execution of the distance sales contract (pre-contractual or after the contract). In case the Company’s contractual or statutory obligations are not fulfilled timely and properly as a result of inaccurate or false information provided to us by the Client, the Company shall bear no liability. The Client is fully responsible for any damage caused to the Company due to the submission of inaccurate and/or false information by the Client.
2.4. Completion of Account creation: In order to log in to your Account for the first time (and where you have opened an account by clicking at “Create an Account”) you must follow the double opt-in process to your e-mail. More specifically, the Company will send an e-mail to the address you have provided to us with an activation link which you must click, in order to confirm and activate your Account. In case you do not activate your Account pursuant to the above, the Company shall delete any data submitted by you within thirty (30) days and you must follow the Account creation process anew.
2.5. Account Password Protection:
You must create a secret login password in your Account that you set yourself based on the security rules for password creation, as applicable each time. With this password you will be able to access your Account at any time. You must keep this password secret and safe at all times and you bear sole and full liability for protecting the secret password you have created and use to enter your Account. You are strongly advised to refrain from disclosing the password to third parties in order to prevent any unauthorized access and use.
You bear full and exclusive responsibility for any action (act or omission) taken through your Account. The company disclaims any liability for damages resulting from the use of the Account due to unauthorized access or use of your Account.
2.6. Account deletion: You can delete your Client Account at your own discretion at any time by sending an e-mail at […]. Upon sending us the request to delete your Account, we shall delete any data contained therein, with the exception of any data which we must retain pursuant to applicable laws, to comply with our legal obligations (you can read more at the Website’s Privacy Policy and Cookie Policy).
3. Process for placing and completing an order
3.1. Product selection: When entering our online store, you can select the Product you are interested in by checking at the corresponding product category. By clicking on a specific Product, you can view a photo of the product and its description. With regard to custom made Products, the Company provides a 3D representation with the Products basic elements, subject to article 9.2 below.
3.2. Add to cart: You can add the Products you choose to your cart by clicking on the corresponding “Add to cart” button. You can see details of your cart content (i.e. Products you have chosen in previous stages to purchase) at any time and to be informed of their cost and shipping costs (temporary data). At the same time, it is possible to modify the content of the cart by deleting part or all the content or by changing the quantities you have selected.
3.3. Completion of the Product selection to submit an order:
Further to the above, you proceed to the next stage required to complete your order submission. At this point you are requested to:
(a) either create a Client Account (or sign in if you already have an Account)
(b) or complete the purchase as a guest (without creating a Client Account – guest check out).
By filling in your information, you will be provided with additional information regarding the shipping methods.
3.4. Submission of order/proposal to enter into a purchase contract:
After you complete the submission of all necessary information and if you intend to submit a proposal to enter into a purchase contract, you must first read carefully and accept these Terms and Conditions and then continue by clicking the “Order & Pay” button. In this way, you submit a proposal to the Company for the conclusion of a purchase contract regarding the Products you have selected.
3.5. How is the purchase completed?
The purchase contract is concluded as follows:
i) If we confirm availability of the Product and the price: you will receive an automatic e-mail with the order confirmation (subject to the availability and price control), which is sent to the e-mail address you have provided to us and your purchase will be completed pursuant to your order (conclusion of purchase agreement).
ii) In case the Product is not available or there is an error in the price: you will be notified via e-mail and you will be given the option to submit a new order or your order will be cancelled. In case your order is cancelled and you have already paid the price for the Product, the amount will be refunded to you in the same method that it was paid.
If you so wish, you may ask us to send you an e-mail when the Product is again in stock.
3.6. Information about the delivery of the Product to the courier company: when the purchase is completed, you will be informed with a new e-mail once the product is shipped to the courier company for delivery, together with all the necessary information for you to track the delivery of your order (indicatively tracking number and estimated delivery date). In case any problem occurs with your order, we will inform you accordingly by email or by phone, if you have provided to us your phone number upon submitting the order.
4. Information about Product prices
Prices of the Products listed on the e-shop are in euro and include value added tax (VAT). Prices listed on the e-shop only apply to Products purchased exclusively from the Company’s online store. The listed prices do not include the additional shipping charges that are added and for which we inform you prior to the completion of the order, according to the delivery location as well as the value of the order. The Company reserves the right at any time to change its commercial policy regarding the delivery costs and payment methods, by informing you prior to the conclusion of any purchase from the e-shop.
5. Payments
5.1. For the purchase of the Products through the e-shop, the Client may choose any of the following payment methods:
5.1.1. by credit or debit card
5.1.2. by deposit to the Bank Account details provided each time by the Company.
5.1.3. by Paypal
5.2. In any case, the Company reserves the right to change its payment methods and to add or modify the procedures without prior notice, and the Company will inform you of the available payment methods, as applicable each time, by uploading them to the e-shop and at the latest upon check-out, prior to the submission of your order.
5.3. In case of payment by credit/debit card or by making use of the third-party payment services providers, the payment process shall be effected and concluded through the third-party provider that declares it has adopted and applies all the security guarantees for electronic payments. Each third-party payment processor is the sole responsible for the processing of information for the completion of the payment. For any problem which might occur upon payment with credit/debit card or by any other means of electronic payment, the payment services provider shall bear full and exclusive responsibility. The Company does not store or process the Clients’ card details. The Company reserves the right to reject the Client’s order or to withdraw from the contract, if it becomes aware or if there is a likelihood of any problem in relation to the credit/debit card details or the use of electronic payment services. The Client is fully and exclusively responsible for the correct submission, to the payment system, of all information necessary for the payment. The above shall also apply when the payment is made through other providers or electronic payment services offered by banking institutions, in which case the Client shall be subject to the terms and conditions applicable to such providers and the respective services.
5.4. It is hereby designated that any costs arising from the bank transfers shall be borne by the Client and the amount due must be paid to the Company in full.
6. Product delivery
6.1. The delivery of the Products which the Client purchases through the e-shop shall be subject to the specific Shipping Terms , which the Client declares, through the acceptance of these present terms, to have read and accepted.
6.2. The Company reserves the right to change its shipping policy at any time, by posting a relevant notification to the e-shop before the conclusion of any purchase agreement and only for future agreements.
6.3. The Company cannot guarantee the due and proper delivery of the Products to the Client, when the delivery is conducted by a courier company (in which case there might be a difference in the shipping timeframes), in which case it is subject to the courier delivery schedule. The Company shall not be liable for any additional costs which may be unilaterally imposed by the courier (the Client may bear any cost for storage by the courier for not taking possession of the Product pursuant to the agreed timeframes).
6.4. In case the Client wishes for the Products to be delivered on or before or after a certain date, the Client must declare this at the point of submitting his/her order via email at […] or telephone at […]. However, the Company in no manner guarantees that the Product will be delivered within the above timeframe and it shall notify the Client via e-mail at the Order Confirmation or via phone, after taking into account the delivery schedule as per the above.
7. Can I withdraw from the contract and under what conditions?
7.1. You are entitled by law to withdraw from this contract if you are a consumer, that is, a natural person acting for reasons which do not fall under your trade, business, craft or freelancing professional activity, without giving any justification, subject to the terms below, by declaring it to the Company within 14 days since:
– you obtained the physical possession of the goods or,
– in case of a contract pertaining to more than one Products ordered together but delivered separately: since you obtained possession of the last Product.
Please note that withdrawal does not apply to legal entities!
In order to exercise the right of withdrawal, you will notify the Company by any reasonable means of your decision to withdraw from this agreement within 14 days including a clear statement of withdrawal:
– letter by post or courier
– by email at […]
The notice of withdrawal must be delivered from the Client to the Company before the lapse of the 14day period referred above.
In the event of a withdrawal statement sent by e-mail, the Company will send you a confirmation of your withdrawal. However, under the law, you yourself have the obligation to prove the exercise of the right to withdraw and return of the products as set out below.
It is hereby designated the Client cannot exercise the right of withdrawal and return any Product which is tailormade and which has been customised as requested by the Client with a special order.
7.2. Client Obligations to return the Product within the context of withdrawal:
The Client may return the Product in one of the following ways:
7.2.1. By sending or delivering himself the Product to the Company store at […] Greece without undue delay and within 14 days from the notice of the withdrawal. For the withdrawal to be exercised lawfully, you should return the Product before the lapse of the 14 days period from the notice of the withdrawal. The delivery of the Product upon exercising the right of withdrawal shall not be accepted by the Company if the Products are delivered to a point other than the one designated above.
7.2.2. In order for the return of the Products to be accepted, the Product must be in the state received, unused, in its full original packaging which be intact (apart from any regular wear and tear due to the delivery) and bear all the documents accompanying the product, including original or copy of receipt.
7.2.3. Client bears in any case the direct cost of returning the goods.
7.2.4. Client bears, pursuant to applicable legislation, responsibility for any decrease of the value of the Products as a result to any handling of the Products which was not necessary for the ascertainment of the nature, characteristics and operation of the Products, demonstrating the same diligence with which the Client would examine the Product at the store.
7.3. Consequences of withdrawal
7.3.1. If you lawfully withdraw pursuant to these present terms and conditions, the Company will refund any money received from you, including delivery costs if paid by the Client-except for any additional costs due to the Client’s choice of a delivery method other than the standard, without undue delay and within 14 days from the date the Company receives the Client’s decision to withdraw.
7.3.2. Where the Products have been purchased with the use of a credit or debit card, the Company shall notify the bank for the cancellation of the transaction and the bank shall then proceed to any necessary actions to credit the amount to the card. It is hereby designated that further to the above notification to the bank, the Company shall bear no responsibility for the time and manner of such credit, which shall be governed by the contract between the issuing bank and the Client.
7.3.3. In case payment is made in cash upon delivery, the Company shall refund the amounts, as per the above, to the bank Account stipulated by the Client by e-mail to the e-mail address […] or by phone at […]. The Company shall bear no responsibility if it deposits the amount to the stipulated bank Account (the accuracy and correctness of which is the Client’s responsibility) and shall not be liable for any Client’s error.
7.3.4. The Company may withhold the reimbursement until it has received the Products back, or until the Customer has supplied evidence of having sent back the Products, whichever is the earliest.
7.3.5. In case the order includes more Products and only part of them is returned or only part of them meets the requirements for the lawful withdrawal, it is designated that the amounts paid will be reimbursed by analogy to the Products returned properly. The Customer shall be liable for any damages caused to the Company due to the Customer’s acts or omissions upon exercising the right of withdrawal.
8. Returns Policy
8.1. In case the Client wishes to adjust the Product, he/she shall notify the Company via telephone at […] or via email at […] and the Company shall inform the Client of the additional costs for the adjustment, to be borne by the Client. Furthermore, the Client shall bear the costs to deliver the Product to the Company (for adjustment), as well as the costs for the delivery of the adjusted Product from the Company to the Client.
8.2. It is hereby designated that the Client shall bear any and all costs for the bank transfer of any amounts to the Company.
9. Company responsibility and policy regarding the Products with defects or lack of agreed properties
9.1. The Company bears the responsibility to fulfil the sale as stated in the Civil Code and more specifically specified in this contract and in the Law on Distance Contracts and Consumer Protection. It is not responsible for any direct, indirect, special, incidental, consequential damages incurred by the Client or for loss of profit or damage to the reputation, clientele or esteem of the Client, or the cost of providing substitute products and services arising from or are related to the purchase or sale contracts established in this e-shop or from the use, or inability to use or operate, or failures of this Website. The Company does not guarantee that the pages, services, options, contents, prices, descriptions and availability of the products will be provided without interruption and without errors.
9.2. The Company will exercise due care to ensure that the photos of the Products displayed on the e-shop reflect as much as possible the true state of the Products. In any case, however, you agree that the Products displayed in the photos and videos may deviate from the actual status, format, size, colour, and overall image of the Products sold at the e-shop. The Company is not liable in case of deviation of the Product’s photographic imagery or its image display in video from its true image.
9.3. The Company makes all reasonable efforts to deliver to you the Product you have ordered, which will bear the agreed properties and without any defects in accordance with Article 534 of the Civil Code. However, in the rare case that you receive a Product with defects or if any other problem arises, you should immediately contact the Company as follows, namely at […] or by phone at […], in order to be consulted on this matter and to exercise any of your rights.
9.4. In case of a defective Product, the Client must contact the Company by phone or by e-mail and notify it accordingly. The Product must be returned to the Company within […] business days from the date the Client took possession of the Product and the costs for delivery will be borne by the Company. After examining the Product and the ascertainment of a defect, the Company shall refund the amount to the Client or repair the Product (as the case may be) at its own cost.
10. Intellectual and Industrial Property rights
10.1. Intellectual property rights on the software as well as the content of the Website belong either to the Company or to the legitimate beneficiaries and are protected by applicable intellectual property law. The Client holds no license or consent to use, in any way, the trademarks appearing on the e-shop or the trademarks owned by the Company or third parties. In addition, all trade names appearing on the e-shop are subject to appropriate legal protection.
10.2. The appearance and display of the content of e-shop shall not be construed as a transfer and / or granting of a license and / or the right to use it. You can save, print and display the available content for personal use only. It is prohibited to publish, manage, sell, distribute, totally or partially copy, transfer, process, store, republish, modify or reproduce otherwise, make copies in any form or other exploitation of the e-shop or any part of the content or copies of the content that appears on the e-shop for any commercial purpose, without the written consent of the Company. You are also not allowed to modify, translate, decompile, reconstruct or create derivative works by using any software or accompanying documentation offered by the Company or its licensors.
11. Applicable Law and Jurisdiction
11.1. These terms are governed by and construed in accordance with the laws of Greece. You agree by accepting these Terms and Conditions to be subject to the exclusive jurisdiction of the courts of the City of Athens in Greece. [Here] you can also see the Consumer Code of Conduct on E-Commerce.
11.2. According to the Directive 2013/11/EC, which was incorporated in Greece under Joint Ministerial Decision 70330/2015, the possibility of electronic dispute resolution of consumer disputes with the Alternative Dispute Resolution (ADR) is now provided for throughout the European Union. If the customer is a consumer (i.e. a natural person acting outside of a professional capacity) and has any problem with a purchase he/she has made on our Website, he/she can initiate the ADR process through a single EU-wide online dispute resolution platform ODR) available at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage which enables consumers and suppliers to submit any disputes arising from online purchases in an online dispute resolution process. The Certified Body for the Alternative Dispute Resolution (ADR) is: the European Consumer Center of Greece (ECC GREECE) – Consumer Ombudsman, Alexandras Avenue no. 144, 11 471, Athens, +30 2106460284 +30 2106460784 info@eccgreece.gr and url http://www.synigoroskatanaloti.gr/.
It is noted that a necessary prerequisite for the consumer to address the Alternative Dispute Resolution is to have previously communicated his/her problem to us at […] in order to find a solution or by calling at […]. The ADR procedure is legally non-binding for those parties that may withdraw from it at any time. The consumer can contact this ADR body to guide him / her throughout the process of filing and processing his / her complaint. For more information on the Alternative Dispute Resolution, please visit http://www.efpolis.gr/el/epanorthosi-askisi-dikaiomaton/79-exodikastiki-epilisi.html
12. Other terms
12.1. We reserve the right:
a) to amend at any time, all or part of these terms of use, such changes will be valid upon their posting and you will be informed thereof upon completion of your purchase each time and / or (at the option of the Company) with the relevant pop-up message when entering the e-shop (when required) or your Account – if you have an Account or even with an individual contact to your contact details.
b) renew or upgrade or restrict part or all our e-shop content and products
c) renew or upgrade part or all the external interface, structure or configuration of the e-shop as well as its technical specifications as well as
d) restrict access to part or all the e-shop.
e) The Company also reserves the right at any time, unjustifiably and without prior notice to the guest of the Website to cancel, suspend, suspend permanently or temporarily or terminate its operation.
f) It is underlined that the Company reserves the right to modify the products offered for sale, permanently or temporarily cease the selling of Products (some or all) of specific or all suppliers without prior notice to the user.
g) change the way the e-shop works and the charges, as well as
(h) to post offers for a certain period of time and / or until stocks run out, to make regular or special discounts, to conduct contests, and so on.
12.2. In the event that any term of the contract is found to be abusive or invalid, it shall not invalidate any other terms of the agreement, which remain valid and bind the parties. If any part of these Terms and Conditions is found invalid, void or unenforceable (including any provision in which we exclude our liability towards you), the enforceability of any other part of the Terms and Conditions shall not be affected – all other conditions will remain fully in force.
12.3. Any delay in the exercise of part or all of the rights by the parties under these terms does not entail weakening or waiver of the right in question, which may be exercised at any time at a later stage and according to the reasonable judgment of the holder of the right.
12.4. The headings in the form of a question contained in these terms and conditions are only given for reference purposes and will not affect their meaning or interpretation.
