Terms of Use & transaction policy

1/ General Terms

1.1/ "SHOPELL" operates as an electronic service platform for vendors and purchasers who have registered as members, performing the role of mediator, in order for an agreement to be reached and a certain transaction to be completed. The above mentioned electronic platform is owned by Myrto Papazisi, resident of Athens (6 Sekeri Street, Kolonaki 10671), Tax Identification Number 135450211 registered in the 4th Public Fiscal Service of Athens, and it operates under her executive control. On this particular virtual commercial space all members without exception are bound to operate within a specific framework, as this is set out by the following terms and conditions. "Shopell" is not made a direct party in any agreement among the seller and purchaser or in the execution of the transaction.

1.2/ The members, through use of "Shopell", in their sole responsibility, are able to execute among them autonomous commercial product transactions. As such, it is noted from the beginning that "Shopell" does not have and cannot have any control over the quality, safety or legality of the listed products and articles, the accuracy of their description and the true ability of either the vendors to supply or the purchasers to purchase them, nor is it able to ensure that a seller or purchaser will complete the transaction they partake in successfully and according to good faith and established commercial practice.

2/ Conditions of Participation

2.1/ The application of the present Terms of Use is common and absolute for all members. The exclusion of any member from their scope of application is not possible and nor is, naturally, their alteration in any way, in order for an individual member's or a group of members' interests to be served. Each new member is required to be informed in detail regarding "Shopell"s operating framework. Should a potential member not be in agreement with any of the present general or specific Terms, they are called upon not to register as a member of "Shopell". Conversely, if a natural or legal person undertakes all the necessary actions, in order to become a member of the present platform, it is presumed outright that it has acquired full and clear knowledge of the present Terms of Use and the applicable Privacy Policy and has accepted them in full and without reservation.

2.2/ Only natural or legal persons with full legal capacity may participate as members of the present platform. From acquisition of membership are excluded minors (individuals under 18 years of age or under 21 years of age, in the case the age limit of minority is set by law at 21 years of age in the state a certain member is resident in).

2.3/ The information entered by users upon their registration as members of "Shopell" must be complete and accurate. In case any of the above information is altered in any way, the member shall update the information with no delay (following the instructions provided on the website), so that information provided is always up to date.

2.4/ It should be noted that, by analogy, all Terms, without exception, set by "Shopell" for the proper and lawful operation of the platform include in their scope of application all website users, even if they are not registered as members. In any case, both the present as well as any other Terms governing the operation of "Shopell" do not govern or are linked with any other websites, services and electronic platforms of any kind.

3/ Available Products

3.1/ The products made available by members must for the present be limited to types
// jewellery
// home items, candles & accessories
// prints & arts
// gift items
// graphic material (invitations, thank u letters, e.t.c.)
// seasonal materials
for the time being, sellers shall offer items new, used and on sale.

3.2/ It is clearly, expressly and without reservation forbidden to register, display and supply products whose offer, sale or purchase breaches the relevant legal provisions in force or public policy. The following relevant list is wholly indicative and, even so, covers transactions in any state and on condition they always occur within the context of the present platform. By way of indication, therefore, transactions with regard to the following are outright prohibited:
-Articles whose advertising or promotion, supply or distribution infringes intellectual property rights, industrial property rights (eg. trademarks, patterns, designs etc), personal data or constitutes a breach of any third party rights and/or rights of other members of the platform,
-Articles of a propagandistic nature or which advocate violence or racism,
-Pornographic material of any kind,
-Alcohol,
-Weapons and ammunition of any kind (of the kind used in combat, by army, by police, as well as weapons according to the definition of the Weapons Act [Law 2168/1993 "Weapons-Ammunition-Explosives etc. matters"] and any parts of such, and also pyrotechnics, tear gas, any chemical or nuclear substances posing danger to health or the environment,
-Stolen goods,
-Web links,
-Advertisements, even through use of links,
-Medications of any kind, for medical or other use, as well as medical products of any kind,
-Counterfeit goods,
-Any other type of product not included in the present list, which, however, breaches the terms set by "Shopell"or does not fall within any of the categories of articles to be supplied by "Shopell", while the determination on said matter is always left to the absolute discretion of the platform's administrators.

3.3/ At this point it must be emphasised at the outset that participating members make use of the present platform in their sole responsibility. "Shopell" excludes any liability over whether any registered products fulfil all legal requirements and whether they bear the displayed and described on the website, and as such represented by vendors, properties.

4/ Framework and rules of sale & purchase transactions

4.1/ Potential purchasers, upon finding a product they are interested in, are able, through use of the platform, to come in contact with the vendor who made the given offer. The vendor undertakes to ship the product in demand by use of a carrier service to be exclusively chosen by "Shopell". The cost of dispatch is borne by the Purchaser. For the purpose of any clarification, query, or question regarding any given product supplied or, at a later stage, any complaints, requests for refund, rectification or replacement of the supplied product will be addressed exclusively to the vendor. In other words, communication as a whole will exclusively take place among seller and purchaser, while "Shopell" will only potentially interfere in exceptional cases and only upon relevant request of one of the two parties. At this point it should be noted that purchasers are given the opportunity to (and are encouraged to) submit comments by way of evaluation of any given vendor they have already transacted with, in order for a particular profile of commercial practice to be "constructed".

4.2/ In summary, it is clarified once more that the sale and purchase contracts that are concluded on the basis of the prices set by vendors bind solely and exclusively the parties to the contract. The performance of the contract also constitutes the sole responsibility of the seller and the purchaser. Consequentially, "Shopell" is in no way involved in the actual transaction between the parties, namely does not, in absolutely any case, participate in these contracts nor acquires any rights or liabilities in relation to them, but merely provides a virtual space for uploading the products supplied and an electronic means of communication between the persons intending to come to agreement and transact, always within the framework of the platform. Moreover, any rights or liabilities of members arising from concluded contracts cannot be transferred or assigned.

4.3/ Each vendor is responsible to inform purchasers as regards availability of the products offered for sale with a relevant reference below the product description. In case any potential purchaser wishes to order and purchase a product, adapted to his/her own needs and tastes, which cannot be found on the corresponding vendor's shop, he/she can proceed to order such product by sending an internal email to said vendor, on condition the vendor is able to supply it. "Shopell" retains the right to access any internal messages between vendor and purchaser. In the case of agreement, the Vendor is obliged to upload anew the said product and display it as a "new product" so that purchase of such product can be made thereafter through the system.

4.4/ It is understood that all rights and liabilities of the members in relation to their mutual contract remain valid and binding upon them on the basis of all that is provided by law, including provisions in the Civil Code governing sales, even in the case of interruption or pause, for whatever reason, of "Shopell"'s operation.

5/ Terms & method of payment - other charges

5.1/ No fee is charged for a purchaser to register as a member. Both registration and the rest of the activities are free of charge. The charges to be applied are only with regard to the transaction itself, namely in the form of, on the one hand, the price to be paid to be the vendor, to be set at the vendor's discretion, and on the other hand, the shipping charges of the supplied products, the cost of which is borne by the purchaser.

5.2/ In order for a vendor to register as a member and for the creation of a digital shop, no fee is charged.

5.3/ Shopell's commission is calculated as a percentage of the asking price of the vendor for the product supplied on the basis of the categories described below. "Shopell" retains the right to freely adjust the following commission percentages, on condition that it has notified the vendor prior to any such adjustment.

Α ------> NEW MERCHANDISE
1. ten percent (10%) of the sale price, when the vendor is a retail business
2. fourteen percent (14%) of the sale price, when the vendor is a wholesale business (brand)
3. sixteen percent (16%) of the sale price, when the vendor is a private individual
B ------> ON-SALE MERCHANDISE
1. ten percent (10%) of the sale price, when the vendor is a retail business
2. fourteen percent (14%) of the sale price, when the vendor is a wholesale business (brand)
3. sixteen percent (16%) of the sale price, when the vendor is a private individual
C ------> USED MERCHANDISE
1. twelve percent (12%) of the sale price, when the vendor is a retail business
2. twenty percent (20%) of the sale price, when the vendor is a private individual.
VAT is not included

5.4/ The purchaser may choose one of the prescribed and secure payment methods, which consist of a direct deposit to "Shopell's" bank account, payment upon delivery, or with a credit or debit card through the safe environment of Piraeus Bank. Upon completion of each transaction, the whole of the amount is collected by Shopell. The vendor, upon delivery and receipt of the product by the purchaser, always on the basis of the communications having taken place between them through the platform, will collect from Shoppel the amount owed by means of a deposit or transfer to the vendor's bank account (the details of which will have been entered upon registration), on the last week of each month and on condition that two working days have passed from delivery of the product to the purchaser.

5.5/ The transaction between vendor and purchaser is regarded as complete and successful upon expiry of the given legally set term during which the purchaser can exercise any right of rescission.

6/General Liabilities of members

-Prohibition of conclusion of contracts outside the platform's operating framework

Anything published by members on the Shopell website, by any means or in any form, is expressly, strictly and without reservation prohibited from having as its direct, indirect or ultimate purpose the conclusion of a contract outside this particular platform's operating framework.

-Confidentiality

Each member is required to observe essential privacy requirements and not disclose to any third parties their personal password of access to "Shopell", which is selected and entered by members upon their registration. In the event of loss, theft or the disclosure of such data to any third party in any way, the member in question shall immediately inform "Shopell" by all appropriate means. Otherwise, such member is presumed to be personally liable for any executed transaction, assumed liability or effected act or omission that takes place through use of their personal password, until informing "Shopell" of such occurrence. In any case, the relevant burden of proof falls on the member claiming the existence of a possible gap in their proper identification, and not on the other contracting party or "Shopell".

-Prohibition of publication of third-party personal information

The publication of personal information of any third parties (especially of name, telephone number and electronic addresses) is strictly prohibited, as well as any potential revelation of any personal data with the aim of advertising or promoting a member or concluding a contract (from negotiation to completion) outside the framework of the platform provided by "Shopell".

-Technical Interventions

Any use of mechanisms, software or any other activities that interfere, replace or in any way alter the normal and smooth operation and the inherent content of the platform is outright prohibited. Similarly, members are not allowed to carry out actions which could result in the non-acceptable and increased overall encumbrance of "Shopell"'s infrastructure.

-Prohibition of malware transmission

All members and visitors of "Shopell" declare and agree that it is prohibited without reservation to send (via email), post or otherwise transmit any material that contains viruses; software or any other computer codes, files or programs (eg. trojans, spam etc) which may lead to the interruption, distortion, or causing of permanent or temporary damage to the operation of "Shopell" or to equipment used for the purpose of operation of any software or hardware belonging either to "Shopell" or its users.

-Protection of personality - Decency

Any content published by members on the "Shopell" website, in any way and form or appearing on the website by any other means, should not have a negative effect on third parties, such as, indicatively but not exhaustively, breaching rights to protection of personality, honour, reputation, personal data, etc. Moreover, no content that is vulgar, defamatory, amounting to harassment, abusive or insulting to a person's honour should be included, nor any defamatory, disparaging or damaging comments to a person's reputation. Particularly in the case of vendors' evaluation by purchasers, the latter should exercise due care so as to provide truthful, clear, objective and non slanderous information and reviews. Further, the submission of misleading reviews or premised on an intent to manipulate will be considered unacceptable. Finally, for reasons of data protection, the exposition of a member's personal data in the context of a review is prohibited. In the event of violation of any of the above, "Shopell" retains the right to proceed freely and at its own discretion to deletion of any such posts, publications or reviews.

-Prohibition of advertising

Anything published by a member on the website of "Shopell", in any way and form or appearing on the website by any other means, should not include any form of advertising of products, which the said member is not already supplying through the "Shopell" platform. In the event of violation, "Shopell" retains the right to proceed freely and at its own discretion to deletion of any such advertising content.

-Links and web addresses

Content of any form published by a member on the website of "Shopell" is prohibited from containing any URL links or web addresses. In the event of violation, "Shopell" retains the right to proceed freely and at its own discretion to deletion of any such content.

-It is emphasised at this point that any use not in conformity with all of the above, in addition to the prior warning regarding termination at its own discretion of services provided by "Shopell", is highly probable to result also in civil, criminal and administrative sanctions, in accordance with relevant legal provisions in force.

7/Specified liabilities of vendors & purchases

a. Members intending to offer any product or products for sale shall have real and lasting possession over them. Thus, the member-vendor, upon registration of the supplied product, guarantees that they are the owner of it or that they are authorised to supply it and that no third party can assert any rights upon it, which could lead to a potential transfer being rendered void.

b. Vendors registering products on the platform undertake to provide a description of them of the utmost accuracy and clarity. The supplied products, which are received by the purchaser, should correspond fully to the products as displayed and described on the platform. In the event of someone offering for sale more than one product of the same type, they should, on the one hand, expressly and clearly state so, and, on the other, ensure that the provided description and image of one of these supplied products of the same type fully correspond to all that are being supplied, both in terms of quality and physical integrity, as well as in terms of completeness.

c. Members-vendors guarantee the safety of the products they supply, namely that they meet all requirements and that they will not in any way pose a risk to the health or physical integrity of their recipients (eg. due to some hazardous material in the composition of the products or due to some defect of the products or their packaging).

d. Vendors, in the case they wish to effect transactions with purchasers by offering their products at a discount or some other special offer, shall comply with the relevant legal provisions in force. In all cases, "Shopell" bears no responsibility whatsoever in case of violation of the relevant provisions.

e. Purchasers bear the responsibility, within two days from the agreed date of receipt of the ordered products, to notify "Shopell" in writing that, on the one hand, the products were indeed received and on the other hand that they bear the properties and characteristics represented by the vendor, otherwise, in the absence of such notice and after the lapse of two days, "Shopell" will presume the products to have been received and be to the absolute satisfaction of the purchaser and thus pay up to the vendor the given sale price.

8/Rights of members

8.1 Members, as regards relations among them, are guaranteed all statutory rights applicable in cases of sale and purchase contracts (eg. and wholly indicatively, claim to replacement, repair or compensation, rescission, etc). "Shopell" will endeavor to assist members with provision of data for the purpose of asserting their rights and claims before the competent authorities, such assistance qualified only by the relevant provisions of the existing legal framework concerning personal data.

8.2 Especially concerning the right of rescission, purchasers may withdraw from the sale contract within fourteen (14) calendar days of receipt of the product. In such case, the product must be returned to the vendor unused, in its original state and with no sings of wear and tear, at the purchaser's expense. Given that certain vendors do not accept any returns whatsoever (eg. cases of customised products, used, etc), purchasers ought to check the relevant field upon ordering a product and proceed with the order only if they accept that no right of return of the ordered product exists.

8.3 Potential delay in the exercise of any right is not deemed as waiver of such right, which may be asserted by the parties at any time.

9/Rights of "SHOPELL"

9.1 "Shopell" retains the right at any time, at its discretion and without justification, to reject a member's registration, to ban a member, to forbid use or discontinue any or all provided services. These rights naturally apply also in case of a violation by a member of any of the applicable Terms, which such member has expressly and without reservation accepted upon registration.

9.2 "Shopell" retains the right at any time and without notice -however, only exceptionally- to interfere in commenting and delete comments concerning the rating of vendors-members, if in any way it becomes aware that any such comments are illegal or contrary to the applicable Terms or run counter to the inherent philosophy of the platform.

9.3 "Shopell" retains the right at any time and without notice to become privy to messages exchanged between vendors and purchasers, as well as keep records of the sales and purchases conducted.

9.4 "Shopell" retains the right, at any time, to amend (extend, restrict, modify), at its discretion and without prior notice, the website content, such as, for example, the existing categories of supplied products or even any other information uploaded or published with respect to such products, provided that such amendment does not substantially alter the content of the information entered by users. Any such changes will be conducted especially for the purpose of the aesthetic or operational overhaul of the website and the platform in general, or, additionally, for reasons of extending the already existing possibilities provided by the platform, as well as its objectives.

9.5. It further retains the right to amend at any time the present, as well as all the Terms in general, governing use of the platform, if deemed necessary, while informing the Vendors, Purchasers, Users and Visitors of the "Shopell" Website of the amendment. Vendors, Purchasers, Users and Visitors are required each time to check for potential amendments to the terms of use and should they still wish to browse/make use of the facilities or services provided, they are presumed to accept the amended terms without objection and to grant their consent, permission, agreement and approval. Otherwise, they are required to refrain from use-visit of "Shopell".

10/Non-assumption of liability/disclaimer

10.1 "Shopell", upon prior clarification of its non-active involvement in transactions conducted and of its role only as a mediating digital platform among its users-members, hereby stipulates that in case of disagreement or dispute with one or more members, "Shopell", as well as the whole of its management and all its associates are exempt from any liabilities or claims for damages of any kind, direct or indirect, known or unknown, proven or not, resulting from any such disputes or disagreements.

10.2 "Shopell" is hereby stipulated to not accept any responsibility and to not be able to guarantee the validity, correctness, legality, completeness, currency or quality of the operation and content of websites to which a link may be placed within "Shopell" solely for the purpose of its users' facilitation.

10.3 "Shopell" excludes all liability for instances of defective operation of the platform or general inability to perform its obligations due to chance events or by reason of force majeure or due to reasons caused by fault of extraneous (besides "Shopell") bodies or even by fault of users themselves, as in the case, by way of example, of problems arising when accessing the "Shopell" website, stemming from the operation or lack of compatibility of their own infrastructure in relation with use of the website.

10.4 "Shopell" does not assume any responsibility towards a purchaser in case of a vendor, following the execution of a sale transaction, being rendered insolvent or the subject of winding-up or administration proceedings resulting in their inability to deliver the product.

10.5 No guarantee is provided and "Shopell" excludes all liability for ordered products not reaching the purchaser in good condition, following placement of an order, as well as for such products not corresponding to the description of them provided by the vendor. An obligation does exist, however, for "Shopell" to make every possible effort for orders to be completed in the best possible manner.

11/Intellectual property & industrial property rights

Apart from the explicitly stated exceptions (intellectual property rights and trademarks of third-parties, associates and affiliates), the entire contents of the "Shopell" Website including images, graphics, photographs, designs, texts, the services provided and all files found in this Website in general, constitute intellectual property, registered trademarks and "Shopell"s service logos and are thus protected according to the relevant provisions of European law and of international conventions. Therefore, no such right may become the subject, in whole or in part, of a sale, copy, amendment, reproduction, republication or be uploaded, downloaded, transmitted or distributed by any means, with the sole exception of personal use alone, namely not for the purpose of public or commercial use and without ever extinguishing the indication of their origin linking such content to "Shopell" and in such way that by no means breaches the applicable intellectual property and industrial property rights. In exceptional cases, any of the above may be permitted only upon condition of prior written consent on the part of "Shopell" and given they pertain to "Shopell"'s relevant rights.
The creation and/or publication of any database containing elements of the Website is not permitted without the prior explicit consent on the part of "Shopell".
Therefore, any other services referred to within the digital pages of the present Website and bearing the trademarks of corresponding organisations, companies, associate bodies, unions or publishers, comprise their own intellectual and industrial property and thus they assume the relevant responsibility.

12/Amendment of existing terms

12.1 "Shopell" retains the right to alter the present Terms whenever it deems appropriate, according to above term 9.4 (by means of additions, deletions, corrections and any other type of amendments), while being bound to provide its members (and in addition its visitors) with the ability to be notified of any such changes. It is noted that any potential amendment instituted shall apply to all existing members.

12.2 Should any individual term of the present or of the rest of the Terms, which govern the operation of this digital platform, be rendered, in whole or in part, void or unenforceable, the applicability and/or validity of the remaining terms, or part of them, is in no way affected. In the event of a term being struck down as void and/or unenforceable, it will be substituted by another term approaching to the maximum possible extent the essence and purpose of the void or unenforceable terms. Similarly, this shall also hold true for matters that are not expressly regulated in the Terms which generally govern the operation of "Shopell".

13/Governing law - Jurisdiction- Competence

13.1 In reference to relations between "Shopell" and its users, the governing law shall be Greek law, along with the law (Regulations, Directives) of the European Communities and the European Union, as well as any applicable international conventions to which Greece is a contracting party.

13.2 The competent courts given exclusive jurisdiction to hear any dispute which may arise will be the courts of the city of Athens.

13.3 It is hereby indicated that users, with regard to any claim arising among them in the context of their mutual transactions, and in order to facilitate the achievement of an amicable resolution between the parties, may request, in accordance with the applicable Greek and European legislation, the intervention of the competent body for alternative dispute resolution for Greece, namely the independent authority "Hellenic Consumers' Ombudsman - European Consumer Centre" (https://www.eccgreece.gr/el/european-consumer-center-greece), or alternatively through the platform for Online Dispute Resolution (ODR) of the European Commission (http://ec.europa.eu/consumers/odr/index_en.htm).