TERMS AND CONDITIONS FOR USING AND PURCHASING FROM THE DECALAKI.COM WEBSITE.

  1. INTRODUCTION

This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website (www.decalaki.com) and the purchase of items through such website (hereinafter, the “Terms”). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your

responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones. By purchasing any item from this website, you enter into a contract with us on these terms.

  1. OUR DETAILS

For the use and/or you purchase of items through this website, your contract is with DODEKA PRIVATE COMPANY, a company with registered offices in Greece, 15A Zinodorou Str, Athens, Attica, 10442, , with VAT No. EL800591669 (“us”/”our”/”Decalaki.com” ). You may

contact our customer service department by filling in the online contact form on our website, or by emailing support@decalaki.com.

3.DESCRIPTION OF THE SERVICE

By using Decalaki.com, its users can personalize the products of the service in their own style or buy ready-made designs of the products offered by Decalaki.com.

4.COPY RIGHT & INTELLECTUAL PROPERTY RIGHTS

The user bears sole responsibility for the right to use the photos or files uploaded to the Decalaki.com site and which will be printed on the finished product. The customer declares unreservedly that the production of the order he order is free from any burden or obligation to obtain any license for copyright or other related or related rights and in any case is executed following the explicit assurance of the user, unreservedly to DODEKA P.C that it has no obligation to any third party and in any case has covered and fulfilled all of this in relation to its rights subject to the provisions of Law 2121/1993 as currently in force in Greece and therefore the present reproduction work is absolutely legal and the user ordering has the absolute right to request the relevant print job on the final product. In any case, the user is explicitly prohibited from ordering a print job on the finished product from photos that include trademarks of organizations, corporations, bodies and entities whose interests are not represented, photos of obscene material, pornographic content, photographs of minors of whom they are not guardians or does not have their consent, photographs of third parties without their consent and generally any other material the use and disclosure of which violates the Greek and international law.

In any case, and in order to safeguard the legal interests of DODEKA P.C, is entitled to control the content of the files provided by the user if want it, to refuse to provide the Decalaki.com service if it identifies the use of material of an illegal, threatening, defamatory, offensive, obscene, scandalous, inflammatory, extortionist, pornographic, or any other course that, in its judgment, may create legal liability or otherwise violate the law. Furthermore, DODEKA P.C is entitled to refuse to provide the Service in any case of publishing content that violates user rights, trademarks, commercial contracts or any other copyright (natural or legal), as well as material that violates personal data.

The Site Content is in property of DODEKA P.C and / or, as the case may be, the legal rightholders of the posted products and services, and the names, images, logos and distinctive features representing “The Service”, e-shop and / or hanging products and / or the services of third parties which are trademarks and / or distinctive features of DECALAKI.COM SERVICE OR DODEKA P.C and / or its affiliates, third parties and their use, and their use is governed by Greek and Community trademark law, protection of industrial and intellectual property, unfair competition and all other related issues. In any case, their appearance and exposure to DECALAKI.COM web shop should in no way be construed as a transfer or assignment of a license or right to use them.

Any copying, distribution, transfer, processing, resale, creation of derivative works, or misleading the public regarding the beneficial owner of the Content, trademarks, and other trademarks included on the site are prohibited. Any reproduction, re-publishing, uploading, communication, dissemination or transmission or any other use of the Content in any manner or medium for commercial or other purposes other than the use of the site to order or inform the user of the products and services available, with the Terms, is permitted only upon prior written permission of DODEKA.P.C or the holder of the respective intellectual and industrial property rights.

Furthermore, except in case of opposite mention, the intellectual property rights contained in “The Service” and each of the elements created for this Service are the exclusive property of Dodeka P.C, the latter granting neither licence, nor any right other than consulting the website. In particular, brands and other intellectual property rights quoted on the website are the property of concerned entities of “The Service”. The reproduction of any document published on the website is only authorized to exclusive means of information for a personal and private use, any reproduction and use of copies realized to other means being strictly forbidden.

It is also forbidden to copy, modify, create a derived work, invert the conception or the assembly or try to find the source in any other way (with the exception of the statutory cases), sell, award, sub-license or transfer in any way any right related to the software. It is also forbidden to modify the software or use modified versions of the software, in particular (this enumeration being not limitative) in order to get an unauthorized access to the service and access the website in another way than by the interface supplied to you by “The Service” for that purpose.

Any visitor of this website giving information to “The service” gives the latter all the transferable rights related to this information and authorizes the company to use it as it wishes. Information given by visitors will be regarded as non-confidential and will have to be correct, licit, and not damage the interests of third parties.

  1. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us with shall be processed pursuant to the Privacy Policy-Data Protection Policy. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

6.USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:

  1. 1. To use the website exclusively to make legitimate enquiries or orders
  2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the

opinion that such an order has been made we shall be entitled to cancel the order and

inform the relevant authorities. In addition, if we perceive such a fraudulent order after shipment, we have the right to remove any warranty that accompanies the product or service we offer, such as a 30-day return guarantee.

  1. To provide correct and accurate email, postal and/or other contact details to us and

acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts

  1. SERVICE AVAILABILITY

The products offered through this website are available globally based on the contracts we have with our valued carriers

8.HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any items shall exist between us and you until your order has been expressly accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you will be required to follow the online shopping process and press the “Order with Payment Commitment” button to submit the

order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the item has been dispatched (the “Delivery Confirmation”). The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the

Delivery Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Delivery Confirmation. We will not be obliged to supply any other items which may have been part of your order until the dispatch of such items has been confirmed in a separate Delivery Confirmation.

  1. AVAILABILITY OF ITEMS

All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.

10.REFUSAL OF ORDER

We reserve the right to withdraw any items from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any item from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

11.PRODUCTION

Subject to availability (see Clause 10 above), and unless there are any exceptional circumstances, we will endeavor to fulfil the production of your order for item(s) listed in the Order Confirmation mail in 1-5 working days. The above is valid except for the pre-set holiday-production periods where you will be informed about this during the process of check out in this website

12.DELIVERY OF THE PRODUCTS

For order shipping, we will use your chosen shipping method. The delivery time of the product (s) is solely depended on the delivery service provider and it is its sole responsibility. Shipment times shown on this website are only estimates.

Please note that depending on the country of dispatch the delivery of the product (s) may be delayed by the customs services or any other services in the country of destination.

13.1 Customs and Imports Charges

If you order goods from our site for delivery outside the Greece or European Union, they may be subject to import duties and taxes which will be levied when the order reaches the delivery address. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. For further information please contact your local customs office before placing your order.

13.2 Delivery Options

Your choices in the delivery method are listed during the checkout process in this site. The choice of partners for the transport of our products is our sole responsibility and we reserve the right to remove or add partners whenever we deem it appropriate without giving any notice whatsoever all the available delivery (shipping) methods will be listed in the checkout.

13.UNABLE TO DELIVERY

If it becomes impossible to get your order at the address you have declared then
(a) If a mistake has been made in the delivery process by a member of  Decalaki Team, we will take full responsibility and refund all payments received from you.

  1. b) ) If a mistake has been made in the delivery process by the shipping service provider then we will do our best to resolve the issue with the provider. Οne after 60 days we sent your order you have not yet received your order then we will take over full responsibility and refund all payments received from you.
  2. c) If the mistake has been made by the customer during the checkout process (incorrect shipping address and info’s statement) the customer should contact the shipping service provider for tracking the product of his order on his/her responsibility. In this case Decalaki.com bear no responsibility and the customer is not entitled to a refund

14.OWNERSHIP OF THE PRODUCT

Product ownership is transferred to you from the moment that you or a third party designated by you, other than the carrier, has acquired the physical possession or control of the products.

15.PRICES OF PRODUCTS

The price of any items will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund. We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Delivery Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price.

The prices on the website include VAT but exclude delivery costs and payment methods fees (if these exist) , which will be added to the total amount at your checkout and payment process.

Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation. Once you have finished shopping all the items you wish to purchase are added to your shopping cart and your next step will be to go to the checkout process and make payment. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. Also, if you are a registered user, a record of all

the orders placed by you is available in “My Account” area.

  1. PAYMENTS AND DATA SECURITY.

Payment in the Decalaki.com website can be made by all major credit –debit cards such as Visa, Mastercard, American Express, Maestro, Diners, Discover, and PayPal.

We take the issue of security very seriously.

In order to eliminate the possibility of unauthorized access to your data we NEVER receive, or store any payment data from our customers to our servers.

WE ONLY USE HIGH SECURE THIRD PARTY GATEWAY SYSTEMS AS LISTED BELOW

        1.BrainTree –a Paypal Service payment gateway-

 No Extra Fee charge

Brain Tree-Paypal is a validated Level 1 PCI DSS compliant service provider

We use Braintree Payments to process all major credit and debit card payments through our website. Braintree, a Paypal company is one of the premier payment processors offering the highest level of security.

The privacy and security of your online payments and personal details are taken very seriously.  Your credit and debit card details are NEVER stored on our website and your personal information will not be shared with any third party.

For more information about the Braintree payment Gateway we recommend you to visit their site : https://www.braintreepayments.com/gr/features/data-security?referrer=https%3A%2F%2Fwww.google.com%2F

      2.Paypal Payment

Extra Fee 2.50€ per transaction charge

We also provide Paypal as an additional payment method for our online customers. There will be no need for you to enter your credit or debit card details. A valid email address is all that will be needed.

   3.Cash on delicery: Extra Fee 2.50€ per transaction. This option is only available for Greek domestic orders.

18.BUYING ITEMS AS A GUEST

The functionality of buying items as a guest is also available on the website. For this type of purchase, we will only request from you the essential data that is required to process your order.Upon completion of the purchase process, you will be offered the possibility of registering as a user or continuing as a non-registered user.

19.VALUE ADDED TAX

All purchases done through the website are subject to statutory Value Added Tax (VAT). The prices displayed on this website include VAT.

20.RETURNS POLICY & 30 DAYS MONEY-BACK GUARANTEE “NO QUESTION ASKED”

We’re 100% committed to making you happy so If you’re not 100% satisfied with your DECALAKI product, we want to make it right for you!

You can easily process a return and request 100% refund on product paid value within 30 days after your order ships.

20.1 Please note that all customized items are made exclusively for you with your unique creative expressions. Returns on customized item(s) for reasons other than DECALAKI errors or defective product or damaged product will only be subject to a 50% refund on the cost of product(s).

20.2 All the Shipping fees (Domestic courier, Worldwide standards shipping and DHL express )  is non-refundable.

20.3 The policy of guarantee and refund is subject to proper use with maximum 3 products per transaction.

20.4 Any discounts that were applied with a minimum purchase requirement may not be applicable after a removal of product(s) in an order. For discounts that are applicable on second/subsequent item, the discount will be revoked on partial return of the order, and the unreturned item will be charged in original price.

20.5 Shipping costs may be added to your order if, after removal of the refunded product, the amount of the remaining order is less than the amount eligible for free standard shipping

20.6 The cost of returning the products is absolute responsibility of the customer

20.7 Return packages remain the responsibility of the customer until it is received by our Decalaki team. Therefore, it is recommended that the customer takes necessary precautions by using registered and traceable services when returning the package.

20.8 Οur team will initiate the refund process after receiving the products you have sent to us in the original packaging. Please note that you must have properly fill the refund application and include it to the return package. Refund without first receiving the product back is not feasible

20.9 We normally execute a refund in a 15 days period. Your refunds will always be directed to the original form of payment and usually appear on your bank statement within 7-10 days after refunding. 

Please note, depending on your bank, refunds can appear on your statement in different forms:

      * A new line per item: The refund is listed as a separate transaction
      * Reversal charge: The original transaction will be voided

Unfortunately we are only able to process refunds within 60 days after the order has been shipped.  

To request further instructions on how to return your order, please email us at yiasou@decalaki.com.

21 DEFECTIVE, ERROR OR DAMAGED PRODUCTS

Every Decalaki product is carefully hand inspected from corner to corner because we only deliver unique and high quality products. While we make every effort to ensure that all our products arrive to you in a perfect condition, sometimes things could happen.

21.1 If you receive a defective or damaged product(s), please take pictures of the product and email us right away at yiasou@decalaki.com. We will do our best to replace the defective or damaged product or you have the choice to ask full money refund. Full money refund includes product and shipping cost.We advise you to contact us in less than 72 hours from the moment you receive your order, in order to be able to make you a full money refund.

21.2 If you receive a wrong product(s) than your order, please take pictures of the wrong product and email us right away at yiasou@decalaki.com .We will do our best to replace the wrong product or you have the choice to ask full money refund. Full money refund includes product and shipping cost. We advise you to contact us in less than 72 hours from the moment you receive your order, in order to be able to make you a full money refund.

Be sure that in any case we will work with you to guarantee your satisfaction.

22.COOKIES POLICE

We use cookies on our site to manage sessions, provide personalized webpages, and customize advertising and other content to reflect your particular needs and interests. Cookies can also be used to compile anonymous, aggregated statistics that allow us to understand how the audience is using our site and helping to improve its structure and content. We can not verify your personal identity from this information. You can modify browser settings to reject some or all cookies. You should be aware that some features are only available through the use of cookies and if you choose to disable cookies, these features may not be available

What is a cookie?

Cookies are small files that are placed on your computer, telephone or other device by a website, containing details of your browsing history on that website. Cookies are necessary to make browsing easier and more user-friendly, and do not damage your computer. Although this policy refers to the general term ‘cookie’, which is the principal method used by this website to store information, the browser’s ‘local storage’ space is also used for the same purpose as cookies. As a result, all the information included in this section is likewise applicable to this ‘local storage’ system.

What are cookies used for on this website?

Cookies are an essential part of the way our website works. The main aim of our cookies is to enhance your browsing experience – by remembering things such as your preferences (language, market, etc.) whilst browsing and for future visits. The information collected by cookies also enables us to improve the website thanks to estimates regarding usage figures and patterns. We can also adapt the website to users’ personal interests and speed up the search process, etc. If we have obtained your prior consent, we may occasionally use cookies, tags and other similar devices that enable us to show you, either from our own or third party websites, advertisements based on the analysis of your browsing habits.

What are cookies NOT used for on this website?

We do not store sensitive information of personal identification such as your address, password, credit card data, etc., in the cookies that we use. Neither do we use the cookies to guide advertising to our users according to your navigation nor for other advertising aims, not ours or of third parties.

Who uses the information stored in the cookies?

The information stored in our website cookies is used exclusively by us, except for those identified below as “third party cookies” which are used and managed by external organisations to provide services requested by us in order to improve our services and enhance your experience when browsing our website. These ‘third party cookies’ are used mainly to obtain access statistics and guarantee any payment operations made.

How can I disable the use of cookies and delete existing ones?

You may restrict, block or delete the cookies on this website at any time by modifying your browser configuration in accordance with the instructions given. Although each browser is parameterized differently, cookie configuration is normally located on the “Preferences” or “Tools” menu. For more info on browser cookie settings, go to the “Help” menu on your browser.

What specific cookies use this website and for what purposes?

Below is all the cookies categories used by this website along with the purpose of each of them.

Essentials Cookies

With Essentials cookies website will:

Essential: Remember your cookie permission setting

Essential: Allow session cookies

Essential: Gather information you input into a contact forms, newsletter and other forms across all pages

Essential: Keep track of what you input in a shopping cart

Essential: Authenticate that you are logged into your user account

Essential: Remember language version you selected

Functionality

With Funcunality cookies website will:

Essential: Remember your cookie permission setting

Essential: Allow session cookies

Essential: Gather information you input into a contact forms, newsletter and other forms across all pages

Essential: Keep track of what you input in a shopping cart

Essential: Authenticate that you are logged into your user account

Essential: Remember language version you selected

Functionality: Remember social media settings

Functionality: Remember selected region and country

Analytics

With Analytics cookies website will:

Essential: Remember your cookie permission setting

Essential: Allow session cookies

Essential: Gather information you input into a contact forms, newsletter and other forms across all pages

Essential: Keep track of what you input in a shopping cart

Essential: Authenticate that you are logged into your user account

Essential: Remember language version you selected

Functionality: Remember social media settingsl Functionality: Remember selected region and country

Analytics: Keep track of your visited pages and interaction taken

Analytics: Keep track about your location and region based on your IP number

Analytics: Keep track of the time spent on each page

Analytics: Increase the data quality of the statistics functions

Advertising

With Advertising cookies website will:

Essential: Remember your cookie permission setting

Essential: Allow session cookies

Essential: Gather information you input into a contact forms, newsletter and other forms across all pages

Essential: Keep track of what you input in a shopping cart

Essential: Authenticate that you are logged into your user account

Essential: Remember language version you selected

Functionality: Remember social media settingsl Functionality: Remember selected region and country

Analytics: Keep track of your visited pages and interaction taken

Analytics: Keep track about your location and region based on your IP number

Analytics: Keep track of the time spent on each page

Analytics: Increase the data quality of the statistics functions

Advertising: Use information for tailored advertising with third parties

Advertising: Allow you to connect to social sitesl Advertising: Identify device you are using

Advertising: Gather personally identifiable information such as name and location

NOTE: In the above table the information that is not stored exactly in a cookie but rather in the browser space called “local storage”, but whose processing and purpose is similar to that of a cookie is identified as “local storage”. This list will be updated with the greatest speed possible as the website services change that are offered on this website. However, occasionally during this updating it could occur that the list no longer includes a cookie, although it always deals with cookies with identical aims as those that are recorded in this list

23.LIABILITY AND DISCLAIMER

Unless otherwise expressly stated in these Terms, our liability in relation to any product purchased through our website is strictly limited to the amount of the purchase price of the product in question. Subject to the foregoing, our responsibility is not excluded or limited to the following:

  1. In the case of death or personal injury due to our negligence,
  2. In the case of fraud or fraudulent misrepresentation, or
    c. In any case where it would be illegal or unfair to exclude or restrict or attempt to exclude or limit our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise specified in these Terms, we assume no responsibility for the following losses, regardless of the cause they have arisen:

  1. Loss of income or income
  2. Loss of commercial activity
  3. Loss of profits or contracts
  4. Loss of expected savings
  5. Loss of data, and
  6. Loss of time management or hours of work.

Because of the open nature of this website and the likelihood of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted to or received from this website, unless otherwise expressly stated on the Website. All product descriptions, information and material posted on this site are provided “as is” and without any further warranties, whether express or implied, in addition to the warranties provided by law. In this respect, if you are trading as a consumer or as a user, we are obliged to deliver products conforming to the Convention, taking responsibility for any lack of compliance that exists at the time of delivery.

The products are considered to be in conformity with the Convention when:

(a) they are in agreement with the description and quality described by us on this website; (b) they are fit for the purposes for which normal products of this kind are used; and

(c) have the quality and performance that is normal in products of the same kind and which is reasonably expected.

To the fullest extent permitted by law, we disclaim any warranty other than those in favor of consumers and users who can not legally be excluded. The terms of this provision do not affect your rights as a consumer or user.

24.VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will cooperate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website is safe, secure and free from bugs, viruses or other defects. Except to the extent it results

from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects

25.LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

26.WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

27.NOTICES

All notices given by you to us should be given to us via the contact form on our website or via the email address yiasou@decalaki.com. Subject to and as otherwise specified in Clause 26 we may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email

was sent to the specified email address of the addressee.

28.TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent. However, you may transfer our guarantee in respect of defective products, which is stated at clause 21, to a person who has acquired the item. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing proof of purchase or producing a letter or chain of letters from the original Purchaser and subsequent Purchasers (where appropriate) transferring the benefit of the guarantee to the new owner of the property in question.

We may transfer, assign, charge, subcontract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer of your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

29.EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
  7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the any event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the any event outside our control.

30.WAIVER

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

31.SEVERABILITY

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

32.OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

33.COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome. Please send us your comments and suggestions through our online contact form. If you believe that your rights have been violated as a consumer, you can address your complaints to us by sending email to customerrights@decalaki.com for an out-of-court settlement.

In the same context, if the market between us has been made through our website, we inform you, as required by European Regulation 524/2013, that you are entitled to seek the settlement of your consumer dispute with us through the online out-of-court dispute resolution platform at http://ec.europa.eu/consumers/odr/.

Last Updated: 16/01/2019.