- INTRODUCTION – GENERAL INFORMATION
1.1. The website www.monterno.gr is an online store for the display and sale of products through the Internet of the company under the name “AFOI TAMPAKOPOULOI – A. XANTHAS OEE”, based in Chania, Crete and legally represented by Alexandros Xanthas (herein called COMPANY for the sake of brevity).
1.2. The use of the website www.monterno.gr for commercial purposes by third parties is prohibited.
1.4 The Company may at its sole discretion unilaterally modify or freely revise the terms and conditions of use and transactions from the online store, remove and / or modify the eshop, whenever it deems necessary and without notice. It is your responsibility to read them at regular intervals, as the Terms that are in force at the time of drafting the Contract (as defined below) are also applicable.
1.5 You are obliged to make lawful and appropriate use of the Website and comply with these terms and conditions, and you are obliged to refrain from any illegal, contrary to business ethics, unfair and abusive use of its content and services.
- Information & Products Provided
2.1. The Company makes every effort so that the information and in general the content of the Website is governed by clarity, accuracy and is constantly updated, but in no case is it responsible to the User or any third party for any kind of damage that may be caused to him due to non-updating of the information provided thereof or caused or related to the Website or its content.
2.2 All product orders depend on their availability.
2.3. The production unit of the Company processes raw materials, which may contain traces of nuts, cinnamon, sesame seeds as well as traces of other allergenic substances as they are contained in Regulation (EU) no. 1169/2011.
2.4. The deliveries of our products are made with privately owned refrigerator trucks of the Company and where the maintenance regulations of the product allow it with two-wheeled vehicles or cars of the company.
2.5. The products are prepared up to 2 days before their delivery
2.6. Products should be maintained after delivery, depending on the type of product:
- a) at room temperature (25 degrees Celsius) when they are cookies, petit fours, oven cakes, buns, etc.
- b) in the refrigerator * (up to 5 degrees Celsius) when it is sweets (cakes, small cakes, chocolate), sandwiches, ready meals, catering items
- c) in the freezer (below -15 degrees Celsius) when it is an ice cream product.
- d) in the freezer (below -18 degrees Celsius) when pies or crepes are frozen.
* refrigerated products should be stored exclusively in the refrigerator and under no circumstances should they be placed in the freezer.
2.7 The products should be consumed within the period indicated on their packaging (when they are pre-packaged), while for the other products the consumption must be done within 2 days in order to maintain their quality characteristics unchanged. The Company does not assume responsibility for poor or improper handling of food by the consumer.
2.8 Although each product is fully featured, however, due to the web browser or screen, the products offered for sale on our website may not exactly match the actual image and colors. We bear no responsibility for such discrepancies. Images and colors are for representation purposes only. Also, the products may be available for sale without or with different decor.
Our products are placed in containers of the Company (cardboard boxes, paper bags or plastic containers as the case may be). We have made sure that our packaging protects the products in the safest way during transport.
- Contract of Sale – Order of Products
4.1. The information contained in these Terms and the details contained on this website do not constitute a sale proposal but an invitation to update.
4.2 To place an order you will be asked to follow the purchase process. Your order is considered received by the “Company” once its payment has been approved / confirmed, at which time you will receive an e-mail from us confirming receipt of your order (“Confirmation of Order Registration”). Receiving the email confirms the completion of the order and its acceptance by us. You must check the Registration Confirmation and immediately notify the “Company” in writing of any error, otherwise the information stated in the Registration Confirmation will apply to this Agreement.
- Order Rejection
5.1 We reserve the right to withdraw from this website any product at any time and / or to remove or edit any material or content on this website. While we make every effort to process all orders placed with us, exceptional circumstances may arise in which we may have to refuse to process an order after we have already sent you the Order Registration Confirmation, which we retain to act at any time in our sole discretion.
5.2 We have no responsibility to you or any third party for withdrawing any products from this website, as well as for removing or editing any material or contents of the website or for refusing to process or accept an order after we have sent you the Order Registration Confirmation.
- Order Cancellation
The Cancellation of the order, upon sending of the email by the Company for the “Confirmation of Order Registration” can be accepted only by phone or in writing within 30 minutes from its sending. In any other case the cancellation is not accepted.
- Product Prices / Shipping Costs
7.1. The price of each product is the one set at any time on our website, except in cases of obvious error. We always make sure that all prices on the website are accurate, however errors may occur due to inadvertence. If we find an error in the price of any product you have ordered, we will notify you as soon as possible and give you the opportunity to re-confirm the order at the corrected correct price.
7.2 We are not obliged to supply you any product at the wrong lowest price (even if we have sent you the Order Entry Confirmation), in case the price error is obvious and indisputable and can reasonably be recognized by you as the wrong price.
7.3 The prices on our website include the corresponding VAT.
7.4. The price you pay is the total price of the product/-s
7.5. The prices of the products of the online store can change at any time. The prices listed on the products are valid exclusively for purchases made from this e-shop. Prices in physical stores may vary. The “Company” does not bear any responsibility for any price difference.
7.6. An invoice can be issued to tradesmen, provided they complete all the required information when ordering.
- Risk Transfer and Product Ownership
Responsibility for the products is transferred to you once you or a third party acting on your behalf, other than the carrier, has acquired physical ownership or control of the products. Ownership of the products passes into your hands with the full collection by us of all amounts due in relation to the products, including any shipping costs.
- Product Delivery
9.1. The user can choose through the online store the address where he wishes to receive his order.
9.2. The products can be sent to you in most areas within the Prefecture of Chania (and Rethymnon in the catering services / wedding cakes) that you will choose when registering your order with refrigerator trucks of the company, or, where the product maintenance regulations allow, with two-wheeled vehicles or cars of the company.
9.3 For your order to be valid, it must exceed the amount of ten euros, (# 10,00 € #). Deliveries are made in the areas from Souda to Kolimbari, with a minimum order amount from 10 € to 30 € depending on the area. For longer distances, a telephone contact is made first and a larger order amount or a shipping fee may be set if the order is accepted.
9.4 Our policy specifies shipping costs for orders that do not meet the minimum amount of order. Shipping charges are automatically calculated based on products and destinations.
9.5. Deliveries are made every day from 08.00 am to 08.00 pm. Deliveries can be made on the same day (unless a different date is set in the delivery information), and are completed within 2-3 hours from the time of order with a maximum delivery time of 8 hours. You can choose a specific delivery time and we will do our best. But the exact time will depend on the availability of products and workload.
9.6. The Company is not responsible for untimely delivery, due to incorrect address or your absence. In this case the products are returned to the “Company” and if you request re-shipment, you will be charged additional shipping costs.
9.7 For the timely delivery and ensuring the availability of the products, it is recommended that you register your order at least 2 days before the day of delivery of your order.
9.8 Delays may occur in unforeseen circumstances. The “Company” bears no responsibility for those who cannot be blamed or due to force majeure and will be entitled to an extension of time for execution. Examples include strikes, government or legislative acts, and extreme natural phenomena.
- WAYS OF PAYMENT
Payments at Monterno can be made in the following ways:
- Cash on delivery. Choosing cash on delivery has is no extra charge.
- Card on delivery – by credit / debit card (POS upon delivery). Choosing card on delivery with credit / debit card has is no extra charge.
- Bank deposit. Valid only for orders placed at least 5 business days before the delivery date. The deposit must be made within 2 working days from the date of the order, otherwise your order will be cancelled. Any bank charges are borne by the sender. The order is confirmed after you send us the deposit receipt by email. Available accounts are available at the banks: National Bank of Greece & Piraeus Bank
NAME OF THE BENEFICIARY: AFOI TAMBAKOPOULOI – A. XANTHAS
REASON: ORDER & your last name
NAME OF THE BENEFICIARY: AFOI TAMBAKOPOULOI – A. XANTHAS
IBAN: GR52 0172 7580 0057 5801 6421021
REASON: ORDER & your last name
- Viva Wallet
- Credit/Debit card
The Company has taken all the necessary measures for the security of your transactions through your credit card.
- Protection of Personal Data
11.1. Your personal information and the contact information you provide on our website are extremely important for the execution of your online transaction with us as. This is the only way our company can communicate with you about fulfillment of its obligations to you as well as the orders, so you must be sure that the information you have given us is completely correct and up to date (in case of changes you are obliged to inform us about it). Therefore the company does not bear any responsibility in case any of its contractual or legal obligations are not fulfilled correctly and / or in time due to sending by you incorrect or not updated personal information.
11.2 Your personal data is collected by our company exclusively in the context of transactions on our website and our communication with you for the completion of your orders, your invoicing, the facilitation of deliveries, the general execution of your orders , the service of your requests as well as the sending of informative messages in relation to our products and services. All your personal data collected through the special electronic form of our website are absolutely necessary for the performance of the above services by us and are subject to your full and unconditional consent / consent provided with the shipment of your personal data to us.
11.3 Your personal data is not disclosed to any third party and is managed exclusively by our company. However, all your data is protected and managed in accordance with the terms and rules of Greek law and especially of law 2472/1997, and our company strictly follows all the rules established by the relevant legal framework. Under the above legislation, the information held by our company may be disclosed to third parties, competent authorities, prosecutors or other administrative services only in accordance with the rules and provisions provided by the respective regulatory framework. Also, all your data, data and transactions are governed by the principles of confidentiality of communications (electronic and non-electronic) and commercial transactions and all appropriate measures are taken to protect and ensure their confidentiality during transmission and / or and execution of transactions. The user / consumer / visitor / member of our website should also safeguard the confidentiality of his data and not make disclosures to third parties (even through his negligence) or grant the use of his data by third parties. The company reserves the right to claim any liability for breach of the above obligations of the user / consumer / visitor / member of our website.
11.4 Finally, in order to complete the ordering process, you accept the sending of automated or personalised e-mails both directly to your PC and in person to the e-mail address and / or mobile phone that you have notified us as well as any telephone communication by employees of our company.
- Withdrawal / Product replacement policy
12.1. Our company takes every possible measure, so that all products (regardless of type) are specially and carefully packaged, so that they reach you without damage. In very rare cases, however, products may wear out when sent to you. For this reason we invite you to check the products upon receipt. After the driver leaves, product withdrawal / replacement will not be possible.
12.2 In case you receive the product without expressing any specific reservation it means that you have unreservedly received the product from our company. However, in case you find that a) there is an alteration or violation of the outer packaging or its interior due to transport or b) receive a different product code from the one you ordered and do not wish to receive your order, you may contact us at that time by phone at: +30 28210 32111 between the hours of 08.30 am – 03.00 pm or at +30697 415 8396 between the hours of 03.00 pm – 08.00pm, at the mandatory presence of the driver, stating us if you wish to be sent a new product for replacement or use your right of withdrawal. In case you want a new product to be sent to you for replacement, the new product will be sent to you as soon as possible, without any additional charge.
In case of withdrawal, your refund will be made via bank within the next working day, from when you notify us.
You have the right to withdraw only in the above two cases a) and b) and not in case the product does not meet your expectations (such as appearance).
- Intellectual Property
13.1 All the content of this website, ie indicative and not restrictive texts, photographs, drawings, commercial and financial data, all kinds of files, marks / logos, the layout of the company, etc., are the subject intellectual property of the company and is protected by the relevant provisions of Greek Law, European and applicable international conventions on intellectual property. In no case should their appearance and display on our website be construed as a transfer and / or assignment of their license and / or right of use. Based on the above, therefore, it is expressly prohibited the complete or partial copying, distribution, transfer, processing, storage, reproduction, republishing, modification and any related action on the above data, without any explicit prior written consent of the company. Otherwise, the above actions may constitute an infringement of the intellectual / industrial property rights of the company, which reserves the right to claim any positive and negative damage caused to it in accordance with the provisions of applicable law.
13.2 The user / consumer / visitor / member of this website accepts and acknowledges that the company has the ability to commercialise (either by itself or by third parties) all the data displayed on it and to modify this data whenever it wishes with or without prior notice to its users / consumers / visitors / members.
- Applicable Law – Jurisdiction
14.1 This contract is governed by the provisions of Greek law, the directives and regulations of European law and the relevant international provisions, and is interpreted on the basis of the rules of good faith, business ethics and the economic and social purpose of the law. All transactions you make through www.monterno.gr are governed by the International and European law governing matters relating to e-commerce as well as the Law on Consumer Protection (Law 2251/1994) governing matters relating to distance sales.
If a provision is deemed contrary to law and therefore invalid or void, it automatically ceases to be valid, without in any case affecting the validity of the other terms.
14.2 No modification of the terms of this contract will be considered and will not be part of it, if it has not been formulated in writing and has not been incorporated in it.
14.3 Competent courts for any disputes arising on the occasion of this contract are the courts of Chania.
- OTHER TERMS
Sending your order means that:
- A) You have read and understood the terms herein and accept them unconditionally.
- B) The products are intended for your own consumption or for the personal consumption of the person they are sent to and their further promotion and resale is prohibited. It is also forbidden to dispose the packaging that accompanies them.
- C) It is your obligation to provide your personal data accurately.
- D) You are the legal holder of the credit you use for your transaction (in case it belongs to someone else, you have the consent of the credit card holder for the transaction) and the credit card has not been cancelled or its use isn’t prohibited in any way.
- E) The email address you declare and use belongs to you, is accurate and active.
- F) Maintaining the confidentiality of your password is your sole responsibility and you will not allow anyone else to use it.
- H) The Company reserves the right not to accept your order.
- I) You ensure the safe use of the site by your computer being protected against virus transmission.
Ι) Your connection to the eshop is at your own risk as to the possibility of causing any damage to your computer and its software (from any transmission of viruses), which you know, that you run through during its connection and take full responsibility.
- K) You are obliged to compensate the Company in full (representatives, employees and associates) for any damage resulting from your violation of this.
- L) Any liability of the Company for any issue arising from this is limited to the price of your order, and you waive any claim for excessive damage.
- M) Interpretive term – At any point herein the return of money and / or its credit to the account of the customer is always meant as interest-free.
- O) Delay in the exercise of a right – Any delay in the exercise by the parties (company and consumer) of part or all of the rights deriving from these terms does not result in a weakening or waiver of that right which may be exercised at any later stage and at the reasonable judgment of the beneficiary.