1. General

1.1. Welcome to the website www.m-s.gr (hereinafter referred to as the “Website”.

www.m-s.gr is a website that presents the list of foods of the “Company”.

The website is held by the company under the trade name “Marks and Spencer – Marinopoulos Greece SA” (“Company”), which has its registered office in Athens, at 33-35 Ermou str., Postal Code 105 63, active in the trade of clothing.

For the purposes of the rights and obligations of the Customers with regard to the Products, Marks and Spencer – Marinopoulos Greece SA (“Company”) is the seller of the Products.

In these Terms & Conditions:

• “Company”, “We” or “Us” shall refer to Marks and Spencer – Marinopoulos Greece SA.
• “Customer”, or “You” shall refer to the (natural or legal person) who orders products to the “B2B” department through the website, and whose order is accepted by the “Company”.
• “Contract” shall mean the contract which contains these Terms, and shall be in effect from the moment that the “Company” accepts your order.
• “Products” shall refer to the goods offered for sale on the list presented on the “Website”.
• “Services” shall refer to all the services offered through the “B2B” department of the “Company”, e.g. dispatch services.
• “B2B” shall refer to the Business to Business department, and, finally
• “Working day” shall refer to any weekday during which the “Company” exercises commercial activity.

1.2. Access to this Website and to the products and the services offered through this website (hereinafter referred to as the “Services”), use thereof, as well as placement of orders, are subject to these terms, conditions, and notes (hereinafter referred to as “Terms and Conditions”. By surfing on the Website and using the Services and/or placing orders of Products, you accept all the current Terms and Conditions, as well as any updates thereof from time to time, which govern the relationship between us. In the event of disagreement or reservation on your part on some or all of these terms, you can contact the “B2B” Department of our “Company” through the ‘Contact us’ section, before navigating, or using the Services, or placing an order, or you can even send us a letter to our address, otherwise the acceptance of all the terms on your part shall be unconditional.

1.3 Amendment to Transaction Terms of Marks and Spencer – Marinopoulos Greece SA

You should visit this website often, in order to keep track of any changes in the Terms and Conditions. In any case, it is clarified that the change of terms will not affect the orders you have already placed, but it will apply to those placed in the future. Our Company reserves the right to amend, renew or upgrade at any time, and without any prior notice to the user/consumer/guest/member (hereinafter collectively referred to as the user) of the “Website” (collectively or alternatively): a) some or all of these terms of use, b) part of or the whole content of the “Website”, and c) part of or the whole interface, structure, or configuration of the “Website”, as well as its technical specifications, and to restrict access to the whole website or to part thereof. Also, the Company reserves the right to cancel, suspend or terminate the operation of the “Website” at any time, without reasoning, and without any prior notice to the user of the “Website”. Access to this Website is allowed under these terms and conditions, and we reserve our right to remove or change the Services, without any prior notice.

Even though we are very careful with the information we publish or send, we do not preclude the existence of any inaccuracies, typographical mistakes or incorrect indication of prices. The “Company” does not undertake any liability in this respect. The “Company” may at any time amend and correct information regarding products, prices and other information published by the “Company”.
It should be noted that the “Help – Frequently Asked Questions” and the “B2B” Department through the ‘Contact Us’ section serve the exclusive purpose of providing help and information, and they do not by any means substitute the “Terms and Conditions”. The Privacy policy is an integral part of the “Terms and Conditions”, and binds all the parties (the company and the users), pursuant to the terms of Article 1.2. above.

2. Privacy Policy

You can access our Privacy Policy, which explains how we will use your information, at the section titled “Privacy Policy”. By using this Website, you agree on the content of this section, and you guarantee that all the data you provide are accurate, true, and updated.

3. Limitations during access and use of the Website

3.1 The abuse of this Website, the obstruction of or the interference with the operation of the website in any manner, and the replacement or alteration of its content are not allowed. You must not commit or encourage punishable acts, transmit or distribute viruses, trojans, worms, logic bombs, or post any other malicious or technologically dangerous material, and in general actions that may lead to non-acceptable or extensive encumbrance of the infrastructure or the operation of the website are not allowed. Breach of the confidentiality obligation or use of the website in any other offensive or indecent manner shall also be prohibited.

3.2. Additionally, you must not breach any part of the Services, destroy data, cause discontent to other uses, violate the property rights of other persons, send unsolicited advertising or promotional material, commonly known as “spam”, or try to influence the performance or functionality of any Website features or features to which you gained access through the Website. The violation of this provision is a criminal offence, according to the Greek laws. The “Company” shall report any such violation that may come to its knowledge to the competent law enforcement authorities, and shall notify them of your identity details, under the requirements of the law.

3.3. Your connection with our website is carried out under the terms of Articles 4.4. and 15 at your own means, and through companies and providers of your choice.

4. Intellectual Property, Software and Content

4.1. The intellectual property rights on all the software and the content to which you have access in this Website or through it, shall remain the property of the “Company” or its licensors, and shall be protected by international laws and conventions on human rights. All such rights belong to the “Company” and its licensors.

4.2. By no means shall the appearance and display of the Website content be taken as transfer and/or assignment of a licence and/or a right to use thereof. You may store, print and display the available content exclusively for personal use. You are not allowed to publish, manage, distribute, copy in whole or in part, transfer, alter, store, republish, amend or reproduce in any other manner, in any form, any part of the content or copies of the content that may be provided to you or displayed on this Website, neither are you allowed to use this content with regard to any business or commercial activity, unless you have received permission from the “Company” in writing.
You are also not allowed to amend, translate, decompile, reconstruct, or create derivative works by using any software or accompanying documentation offered by the “Company” or its licensors. Additionally, you shall not have any permission or consent to use, in any manner, the trade marks of the “Company”, and you agree not to use such trade marks or any other signs with similar colours without the written permission of the “Company”.

4.3. Photographic depiction of our products

We have exerted all possible efforts in order to procure a realistic and accurate photographic depiction of most of our products, which are presented through our Website. However, due to technological limitations, such photographs may differ from the actual condition, form and image of the products. This is absolutely normal, given the limited technological capacities, even with the use of the latest technological achievements in the field of photographic depiction.
You should bear in mind that even though the “Company” has endeavoured to accurately display the colours of its products, the actual colours you can see depend on the specifications of your screen, and may, thus, not be accurate.
Moreover, the weight, dimensions and features displayed with regard to the list presented on the Website are indicated only in approximation.

4.4. Licence to access the website

We hereby grant you a licence of limited access and personal use of this Website, but not a licence to download or amend it, except with the express written licence of the “Company”. Such licence does not allow any resale or commercial use of this Website or its content, any collection and use of any lists, descriptions or prices of products, any derivative use of this Website or its content, any receipt or copying of account details for the benefit of a trader, or any use of data extraction tools, robots, or similar data collection and extraction tools
4.5. Reproduction, creation of copies, copying, sale, resale, visit, or utilisation of this Website or part thereof in any other manner, for any commercial purpose without our express written permission shall be prohibited.

4.6. You are not allowed to use frames or frame techniques, in order to frame any trade mark, logo, or other proprietary information (including videos, images, text, page layout, or form) of the “Website”, without our written consent. In the event of unauthorised use, the licence granted by the “Company” shall cease to be effective.

4.7. You are not allowed to use any logo, or other proprietary graphics, or any trade mark of the “Company”, or any open source code or part of the link, without our prior written consent.

5. Terms of sale

5.1 Upon placing an order, you acknowledge that you purchase a product in accordance with the following terms and conditions:

• Product deliveries are carried out to addresses anywhere within the Attica Basin.
• For all the orders to the “B2B” Department of the “Company”, the order must have been accepted by the “B2B” Department of the “Company”. The “B2B” Department of the “Company” may accept or reject an order.
• The “B2B” Department of the “Company” may confirm receipt of your order by e-mail, or in any other manner (including telephone). Such a confirmation of receipt shall not constitute order acceptance.
• When an order placed via an e-mail is accepted, the “B2B” Department of the “Company” is free to decide whether it will send the order acceptance confirmation by e-mail or in any other manner in writing. The “Company” reserves the right to orally confirm or accept (by phone) orders placed via the “B2B” Department orally.
• Entering into an agreement presupposes that the “Company” has examined the availability of the specific products, and has accepted both your order and the payment in cash, by credit card, or in any other manner. To the extent that the “Company” has not confirmed both of these points, it is not obliged to deliver the products.
• For some period of time from the dispatch of the products we keep details of orders, order entry certificates and contracts (as well as these Terms). Customers in general have no access to such details, but if you need them and you request them explicitly and in writing, we will make them available to you. We recommend that you print out these Terms, your order, the order confirmation, the order acceptance, the payment mode confirmation, and the invoice, and that you keep them, attaching a relevant note, so that you can use them as evidence of purchase.

In any case, by ordering products through the “B2B” Department as “Customer”, you shall be deemed as consenting to and unconditionally accepting the Terms presented herein, without any exception.
The purchase agreement shall be binding only after Marks and Spencer – Marinopoulos Greece SA has notified you that it has accepted the order.

5.2. The orders may be sent on all 5 working days of the week (Monday to Friday). For this reason, and for the purpose of your full information and your best possible protection from unforeseeable events, the orders are completed as follows:

5.3. Upon completion of your order request, your total aggregate order is displayed, including all the details thereof. If you select to pay your order upon delivery at the place of your choice, then you will receive the order confirmation based on which the products will be delivered to you, on the condition of duly payment upon delivery, and without prejudice to Article 5.7 below, and under the conditions of Article 10.1 below. If you select “deposit to a bank account” of the “Company”, the order shall not be executed until the Company’s bank account is credited.

5.4 i) Then, your order will move on to the stage of collection for completion, and an e-mail will be sent to you, when the products are scheduled for dispatch to the delivery address you have stated or for receipt from one of the FOODS shops of the “Company” within the Attical basin. The delivery of your products is governed by the Terms of Article 7 below.

ii) If for any reason it is found that there is an unexpected shortage in one/some of the products you have selected, or if there is a problem in relation to the products included in your request, then our Company will exert its best efforts in order to contact you either by sending an e-mail at the e-mail address you have stated to us, or by having a direct telephone conversation with you through a representative of the Company (or in all the foregoing manners), in order to agree with you on any amendment, correction or cancellation of your order. If communication with you is not feasible for a time period of 7 calendar days, then your order will be executed as to the part for which there is availability, and will be cancelled for the remaining part. In any case, any amendment to your order will be sent to you again by a new e-mail to the e-mail address you have stated to us, and such e-mail will also serve as confirmation of your order, based on which your order will be executed. The products will be then sent, based on Article 7 hereunder.

5.5. To be able to place an order on the “Website”, you must be over 18. Guests under 18 are not allowed to exchange data and any information with us. You bear the responsibility 1) to give your true, accurate, current and full personal details, as such details are requested at the confirmation of your order by the “Company” or the employee of the “B2B” Department, and 2) to keep good care of the data, and to promptly update them after any change, in order to secure that they are accurate, updated and full.

Product purchase limitations due to age

The purchase of certain products sold through the “B2B” Department is subject to the age requirements stipulated by law. The law does not allow us to supply these products to persons not fulfilling such age requirements, and, if you are underage, you must not try to order these products through the B2B Department.

In particular, you are kindly requested to note that the age limitations are applicable in Greece with regard to the purchase of the products listed hereunder. By placing an order of one of the products below, you confirm that you (or the recipient of the products) fulfil the age requirements that are required for the purchase of such product:

• Alcohol. Alcohol may be purchased only by and for persons over 18.
• Liquor-filled chocolates. Liquor-filled chocolates may be purchased only by and for persons over 16.

5.6. Bear in mind that, in view of the nature of our products, which are mainly products that can be distorted or expire shortly, or are delicate and, therefore, sensitive products, the customer is responsible to comply with the instructions provided in the packaging of the product or on our Website. Moreover, the customer will bear the responsibility for the products as of their delivery by the carrier. Similarly, in view of the nature of the products offered, we do not assume responsibility in the event that the product is not received by the customer in the case of payment upon delivery at the customer’s premises, or in the case of receipt from any of the FOODS shops within the Attica basin on the date of delivery thereof due to the customer’s own fault, i.e. with the first attempt of delivery. The “Company” reserves its right to change at any time the specifications listed in its website regarding any product, without prior notice.

5.7. When you place an order, you will receive an e-mail confirming that we have received and accepted your order. Payment in cash will apply in the case of receipt of your order from any of the FOODS shops of the “Company” within the Attical basin. In the case of “deposit to a bank account” of the “Company”, the order shall not be executed until the Company’s bank account is credited. It should be noted that payment by cash on delivery or in cash will only be made in Euros.

5.8. During the execution of your order, you will receive a series of automated e-mails stating the progress of your order.

I) Such e-mails will involve the following steps:

a) Order confirmation: as provided for in Article 5.3 and 5.4 above
b) Order execution: When the products of your order have been collected and are scheduled for dispatch at your premises, accompanied by the dispatch note
c) Collection by customer: Your order has been delivered at the address you indicated. The receipt/invoice is included.
d) Cancelled: In the case that your order has been cancelled for the reasons listed in these Terms

II) Also, if any pending issue or problem arises during the execution of your order, then a relevant e-mail will be sent to you, and/or we will contact you at the telephone numbers you have stated to us during your registration or the registration of your order in our website.

5.9. Upon sending a request for an order, you consent to receiving the above notifications, which are required for the proper development of your order. You are kindly requested to make sure that the above e-mails can reach you, and to keep them throughout our transaction. In case you do not receive the relevant e-mails, you are required to contact the “B2B” Department of the Company through the ‘Contact Us’ section. The parties agree and accept that the contact described under Article 5.8., and the manner of conduct thereof (through e-mails or by telephone) also covers the statutory requirements with regard to your information, notification in writing, the confirmation of your order, where and when it is required by law. If you wish to express any objections, or if you want us to give you any clarifications on the content of an e-mail you have received as above, or for any other reason, you may contact us through the “Contact Us” section.

6. Prices

6.1. The “Company” in general reserves the right, and the user of the “Website” accepts the Company’s right to freely configure its pricing policy, amend the prices indicated on the website and change and/or withdraw the offers at any time with or without a prior notice to the users of the “Website”, who will be informed about the price applicable each time from the relevant post on the website. The product prices are the ones applicable at the time when the “Company” accepts the customer’s order. Specific prices are indicated on the electronic list of the “Company” through the “Website”. The final price of sale of the product shall in any case be the price announced to the customer, upon acceptance of the order by the “Company”. Even though we endeavour to make sure that all the details, descriptions and prices appearing on this Website are accurate, errors may occur. In the event that the customer orders something at the wrong price, the “Company” will notify the customer of the correct price, and if the latter wishes to continue the order, then the new price corrected by the “Company” will apply to the order. If we do not manage to contact you, we will consider that your order has been cancelled.

The prices are in Euros, and they are gross prices. They include the corresponding statutory VAT. Other possible expenses will be included as they will have been agreed in advance and as they will be indicated on each offer, e.g. courier fees.

The “Company” shall bear no liability and shall cover no differences between prices of products purchased by the physical shop of the “Company” when the customer later finds that a lower price is indicated on the electronic list or vice versa.

The various product offers are valid until rundown on inventories.

7. Delivery Policy

7.1. For your facilitation, our “Company” offers you alternative modes of product collection and delivery. Upon submitting your order request, you are asked to select how you wish to collect the products you have ordered or have us sent them to you. The product collection or delivery method you will select shall determine the total final cost of your order, under which the payment will be made, and which will be included in the order confirmation.

7.2. Time, Manner, Place of Collection/Dispatch

The “Company” exerts its best efforts to send the products promptly. However, reasons impeding it from meeting the expected dispatch date may occur. For this reason, any product dispatch date on which you receive notification is merely an estimation, and the “Company” cannot guarantee that the products will actually be dispatched on the designated date.
Your order will be considered binding and you will not be able to revoke it when an e-mail has been sent to you by the “B2B” Department of the “Company”, bearing the indication “Under Dispatch” or “Available for Dispatch”. No product returns will be acceptable.

In the event that the “Company” is not able to send the products on the designated or the agreed date, it may cancel the order and reimburse any paid amounts to the “customer”. If an order is cancelled, the “Company” is only obliged to reimburse the paid amounts to the customer.

i) You can collect your order from any of the FOODS shops of the “Company” within the Attica basin on the days during which the “Company” exercises commercial activity, i.e. Monday – Saturday, and at the hours when each shop is open, excluding holidays.

Upon collecting the order from any of the Company’s FOODS shops within the Attica basin, the Customer may take advantage of the privileges of the M&S Bonus Card, in accordance with the terms that apply on our shops.

ii) If you wish your order to be sent to a delivery address selected by “YOU” within the Attica basin, then the delivery will be made with a vehicle of our “Company” for deliveries within the Attica basin, Greece. Our “Company” shall take all the necessary measures for the timely transfer of the order to the purchaser within the framework of its basic delivery schedule. We can guarantee neither the time of arrival nor the exact time of delivery of the products included in the order. Our Company shall not bear any liability for any delays due to Force Majeure or unforeseeable circumstances, or incidents beyond its control. In the event of any delays, our “Company” will exert all possible efforts to contact you, as provided for in Articles 5.4 ii) and 5.8 above.

For orders delivered to the Customer in the manner described in paragraph 7.2.ii), the Customer cannot make use of the M&S Bonus Card and, thus, cannot take advantage of the privileges offered by the Company through the use of the M&S Bonus Card (offers, points, discount coupons, etc.).

7.3. Product deliveries are carried out to addresses anywhere within the Attica basin. The products will be sent to the place you have indicated to us in your e-mail, with a vehicle of the “Company”. The order will be collected by the person indicated on the order as the recipient, or by a person appearing to act on the recipient’s behalf, at the order delivery address, and it is recommended that the above persons demonstrate their identity card or passport. The details (full name in capital letters) of the person who collected the order will be entered in the counterpart of the delivery voucher that must be returned to the “Company”, signed by the recipient. The dispatch will be carried out in the manner selected by “Us”. In areas where the dispatch of your order is not possible, we will inform you, so that you can select which FOODS shop of the “Company” (within the Attica basin) serves you, in order for the process of collection of your order to be concluded.
Deliveries will be made daily except Saturday, Sunday and holidays.

7.4. The “Company” has the right to make partial orders of products in the order of dispatch of its choice. In this case, each partial delivery will be the object of a separate contract. In the event that the “Company” delays one or more partial deliveries or is not able to even make such deliveries, this will not affect the contracts for products that have already been dispatched or will be dispatched in the future. If the “Company” notifies you that it is not able to make some partial deliveries, it is presupposed that you accept the dispatches you have already received.

7.5. Without prejudice to any more specific charges for transfer and delivery expressly set forth for a product posted on our website, the general pricing policy is as follows:
For deliveries within the Attica Basin (Greece) with our own vehicles, when the order value exceeds the amount of €30, the delivery at the place selected by the customer is for free. For orders whose value is lower than the amount of €30, there is no option given into our Website to select delivery at the customer’s place. In this case, the only delivery option the customer has is to pick his order up from a selected MARKS & SPENCER FOOD shop within the Attica basin.

It should be noted that all the prices above may be changed at any time.

7.6. Collection of products from you

It lies with your responsibility that you inspect the condition and the completeness of the products upon delivery. If you do not inspect the products during or directly after delivery and you do not notify the “Company” within 24 hours from receiving the products from “US” about any defects or deficiencies, such products will be deemed as received in perfect condition, and along with all the other items that were supposed to be in the package.

7.7. Free Dispatch

Free dispatch for deliveries within the Attica Basin will apply only to orders exceeding €50 (including VAT).

7.8. If at the time of delivery you are not present at the delivery address to receive your package, the deliverer will leave a note for you, with instructions on how you can collect your order. In this case, the risk of loss or damage of the products will be transferred to the purchaser, considering the delicate nature of the products, as expressly mentioned in Article 5.6. above. The deliverer will attempt to deliver the product to you up to 2 times. If you have selected payment by cash on delivery and you do not contact the “B2B” Department of our Company through the ‘Contact Us’ section in order to receive the product, within 3 days from the failed attempt of delivery to you, your order will be automatically cancelled.

8. Reservation of the right of ownership

The “Company” reserves the unlimited right of ownership of the products sent until the full payment of all the invoices payable in relation to such products, and (to the extent that this is allowed by the current legal status) in cases where you have already paid for other products you have ordered. In cases where the invoices are not paid on their due date, or the credit card Company refuses to pay, or for any reason demands that the “Company” returns the amount paid for some products, the “Company” reserves (without prejudice to the applicable legal status) the right to prohibit the customer from using or reselling such products, to enter the customer’s premises and to resume the products under its possession (or to authorise another person to perform this action).

9. Right and terms of money refund or change of products

The right to return or change products lies with the commercial policy of the Company.

9.1. Our objective is to make sure that the customer is fully satisfied. In any case, you are asked to inspect the products upon receiving them. However, if you receive a defective product, or if any other problem arises, promptly (within 24 hours) contact the “B2B” Department of our “Company” through the ‘Contact Us’ section, for more details. Also read Article 7 on the Delivery Policy, which governs issues of returns, and is in force along with these terms and conditions.

9.2. In the case of a defective product, it will be replaced by an identical product, or, in the event of shortage of the particular product, by an alternative product of equal or higher quality and value, without any additional cost for you. Nevertheless, in this case, you will always have the right to accept or reject any products or services that will replace the initial ones.

10. Payments

With a view to serving you in a better manner, the “Company” allows you to select the method of payment of the products you are interested in purchasing. Within this framework, you are given the right to choose, as mentioned below, the method of payment of the products you are interested in purchasing, namely payment in cash or by a credit or debit card acknowledged by the Company. Other methods of payment are allowed only at the prior consent of the “Company”, which will be expressly stated in the contract that will be signed.

10.1. Pursuant to the applicable tax provisions, purchase documents with value over €500 issued to individuals (receipt) and purchase documents with value over €500 issued to professionals/ enterprises (invoice) must be repaid ONLY by the following methods:

1. Deposit / wire transfer to a bank account
2. Credit or debit card

10.2. Specifically, we accept payments by VISA, VISA Debit, MasterCard, Maestro. By cash on delivery, which is offered for free, there is no additional carrier fee for orders whose value exceeds the amount of €30. Pay the employee of our “Company” either by cash or by VISA, VISA Debit, MasterCard, Maestro and only in Euros, upon delivery of your order at your premises, having first inspected the product/s delivered to you.

10. Payments

With a view to serving you in a better manner, the “Company” allows you to select the method of payment of the products you are interested in purchasing. Within this framework, you are given the right to choose, as mentioned below, the method of payment of the products you are interested in purchasing, namely payment in cash or by a credit or debit card acknowledged by the Company. Other methods of payment are allowed only at the prior consent of the “Company”, which will be expressly stated in the contract that will be signed.

10.1. Pursuant to the applicable tax provisions, purchase documents with value over €500 issued to individuals (receipt) and purchase documents with value over €500 issued to professionals/ enterprises (invoice) must be repaid ONLY by the following methods:

1. Deposit / wire transfer to a bank account
2. Credit or debit card

10.2. Specifically, we accept payments by VISA, VISA Debit, MasterCard, Maestro. By cash on delivery, which is offered for free, there is no additional carrier fee for orders whose value exceeds the amount of €30. Pay the employee of our “Company” either by cash or by VISA, VISA Debit, MasterCard, Maestro and only in Euros, upon delivery of your order at your premises, having first inspected the product/s delivered to you.

11. Terms of Payment

11.1. Payment through credit card:

The “Company” accepts payment of the order through a credit card. For purchases by your credit card, “You” must select from the “Website”, and more specifically, while selecting the manner in which you wish to to pay, whether you would like to pay by credit card.. In this case, you must be present while your card is being charged, and have your credit card and your identity card with you.

Payment upon receipt of your order at your place for orders whose value exceeds the amount of €30 (free cash on delivery):
You can pay the employee of our “Company” by credit card, upon delivery of your order at your premises. This payment method applies throughout the Attica basin.

• Purchase through he charge of all the amount in one instalment:

For purchases of products with a receipt / invoice of up to €120, payment will be made in one instalment through your credit card;

For purchases of products with a receipt / invoice of €120 and above, you may opt to purchase products with the charge of the whole amount in one instalment through your credit card;

• Purchases in Interest-Free Instalments:

You can purchase products in 6 interest-free instalments by your credit card, for receipts / invoices amounting to €120 and above.

11.2. Payment through debit card:

The “Company” accepts payment of the order through a debit card. For purchases by your credit/debit card, “You” must select from the “Website”, and more specifically, while selecting the manner in which you wish to pay, whether you would like to pay by debit card.

Payment upon receipt of your order at your place for orders whose value exceeds the amount of €30 (free cash on delivery):
You can pay the employee of our “Company” by debit card, upon delivery of your order at your premises. This payment method applies throughout the Attica basin.

11.3. Payment in cash
Payment upon receipt of your order at your place (free cash on delivery):
You can pay the employee of our “Company”, upon delivery of your order at your premises. This payment method applies throughout the Attica basin.

11.4. By deposit to a bank account:

You can prepay your order using one of the following accounts at the Banks we cooperate with:

and send us the copy of the bank order of payment by fax at 210-9888622, or by e-mail at kyriaki.mylona@marks-and-spencer.com or at zoi.kolenti@marks-and-spencer.com . Upon receiving the copy of your bank order of payment, we will send your order to you.

11.5. Payment of your order at the FOODS shop of the “Company” that best serves you:

You may choose from the list of FOODS shops the closest one that best serves you, and we can arrange that your order be paid there, at one of the cash desks of our shop.

12. Order change/cancellation

12.1. Change or cancellation of an order will be accepted only provided that the order confirmation has not been sent, i.e. the order has not been completed. Be careful, because it is noted that after the confirmation of the order, the delivery address stated may NOT be changed for any reason, for security reasons (anti-fraud). Provided that a confirmation e-mail has not been sent by the Company’s “B2B” Department, a change can be made, following communication of the Customer with the “B2B” Department of the “Company” through the ‘Contact Us’ section, with the total value of the order formed after the change not being of a lower value than the initial one.

12.2 In any case, in the event of any problem, contact the “B2B” Department of the “Company” through the ‘Contact Us’ section, for further details.

13. Returns in the case of actual defects or absence of agreed properties

13.1 Our objective is to make sure that the customer is fully satisfied. However, if you receive a defective product due to our fault, or if any other problem arises due to our fault, promptly contact the “B2B” Department of our “Company” through the ‘Contact Us’ section, for more details.

13.2. In all the cases of return of products purchased from our electronic shop, due to detected actual defects or detected absence of agreed properties due to our fault, the following shall apply:

i) The product from our Company will only be delivered by our own carrier, after you have timely (within 24 hours from the time when we received your order) contacted the “B2B” Department of our “Company” through the ‘Contact Us’ section, in order to notify us about the problem detected on a specific product. The product to be returned will be exclusively collected from the delivery address you had stated upon placement of your order.

ii) For a return to be accepted, the product must be in the condition in which it was when received, it must be unused, complete, with its original packaging intact, and the proper maintenance conditions must have been complied with.

iii). The products returned must be accompanied: By the receipt/invoice or the dispatch note. It should be particularly stressed that if one of the foregoing documents accompanying the product is missing, it will not be possible for your request to be satisfied, and the product will not be received by our Company.

14. Disclaimer

14.1. We shall not bear any liability for any loss or damage that may be caused by an attack involving denial of service, viruses, or other technologically harmful material which may contaminate your material, software, data or other property material, due to using this Website or downloading any material posted on this Website or on any Website associated with it.

14.2. The company and its associates exert their best efforts, in the context of the technological inspection regularly carried out by them, so that the services, the content and the transactions on the “Website” are executed smoothly, and without any interruption, and that its highest standard of security is maintained. However, it shall not be liable in the case that for any reason, including the case of negligence, the operation of the “Website” is suspended, or access to it becomes difficult and/or impossible, and/or if, despite the safety measures implemented, viruses or any other harmful software are detected and transferred to the terminals of users/guests, or if unauthorised third parties interfere in any manner with the content and the operation of the Website, rendering use thereof difficult, or causing problems to the proper operation thereof, or intercept details concerning the users’ personal data. Moreover, we shall not be liable in the case of suspension of access to our website for reasons beyond our control, as well as for reasons due to a technical or other weakness of the network, or to reasons of Force Majeure, or to unforeseeable circumstances.

15. Connection in this Website

You can connect to our home page, on the condition that you are acting in a fair and legal manner, without harming or exploiting our reputation, but you may not create a connection that insinuates any kind of relationship with us, or approval, or support on our part, when there is none. You must not create a connection with any Website not owned by you. It is not allowed that this Website be placed in a frame in any other website, and you are not allowed to create any link to any part of this Website other than the home page. We reserve our right to remove the connection licence without prior notice.

16. Amendment

The “Company” has the right, in its absolute discretion, at any time and without notice, to amend, remove or change the Services and/or any page of this Website.

17. Invalidity

If any part of the Terms and Conditions is not enforceable (including any provision in which we preclude our liability towards you), the enforceability of any other part of the Terms and Conditions will not be affected – all the other terms will remain fully in force. In any case, to the extent that this is feasible, one term/sub-term or part thereof may be taken into consideration separately, in order for the remaining part to become valid. The term will be construed accordingly. Otherwise, you agree that the term must be repaired and it will be construed in a manner that approaches the original meaning of the term/sub-term to the greatest extent, in accordance with the law.

18. Contact

18.1. When you visit the Website or you send us e-mails, you communicate with us electronically. We contact you by e-mail, or by posting notices on our Website. In the context of the contract, you agree to receive electronic correspondence from us, as well as that all the agreements, announcements, notifications, and other notices we send to you electronically fulfil all the legal requirements of written communication.
We implement a complaint management procedure, in order to try to resolve any dispute that may arise. If you have any complaints or comments, promptly contact the “B2B” Department of our Company through the “Contact Us’ section.

19. Waiver

19.1 To the extent allowed, we hereby preclude any liability on our part for any claims, losses, demands, or damages of any kind, relating to the Website or the data displayed on it, including but not limited to any direct, indirect, unforeseeable, or consequential losses or damages, whether they arise from the following indicatively listed issues, namely loss of profits, loss of income, or other, or whether the “Company” had been notified on the possibility of such losses or not. The foregoing will apply whether such claims, losses or damages arise from tort, in the context of a contract, by negligence, based on the applicable laws, or otherwise. Nevertheless, when you use our Services, you legal rights are not affected. Always bear in mind that our website is offered on an “as is” basis. Thus, access to it exclusively lies with the responsibility of the guest/user.

20. Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of Greece and the European Union (EU). You, and we, agree to be subject to the exclusive jurisdiction of the courts of Athens in Greece, Europe.

21. Whole contract

21.1 The above Terms and Conditions and the Privacy Policy are integral parts of the “Terms and Conditions” and bind the parties (the company and the users) collectively, and constitute as a whole the whole contract of the parties, and prevail over any and all previous and current contracts between “You” and “Us”.

21.2. Should any term of the contract be judged as abusive or be cancelled, this shall not affect the remaining terms of the contract, which will continue to apply and to bind the parties.

21.3 Any delay in the parties’ exercising some or all of the rights stemming from these terms shall not result in the weakening or waiver of such right, which may be exercised at any time, at a later stage, at the reasonable judgment of its holder.

22. Personal Data Protection

General Provisions – Data entry

Upon placing your order, you agree that:

• we can process your personal data, such as name and capacity, address, telephone number, and other personal details (“Personal Data”);
• the processing of your Personal Data is necessary for the signing of the contract.

Under certain circumstances, the “Company” may need additional personal data, such as photocopies of identity cards or credit cards, for the purpose of checking your identity, for avoidance of any fraud. If such additional data are provided to the “Company”, such data shall also be deemed as “Personal Data”.

The “Company” has the right to use your personal data and your logo (in strict compliance with the applicable laws on personal data protection on the part of the “Company”).
Disclosure to third parties

The “Company” will not disclose any of your personal data to other undertakings or to other persons (“third parties”) without your approval, with the exception of the following cases:

Personal data may be disclosed to third parties, if this serves the signing of contracts in which “you” participate, and always in the context of the procedure of placement of orders through the “B2B” Department.

• Personal data can be disclosed to third parties, if this serves the fulfilment of certain legal standards to which the “Company” is subject
• Personal data can be disclosed to third parties, so that such parties can execute services in favour, on behalf and at the direction of the “Company”. In this cases, the “Company” shall take the necessary measures in order to make sure that the third parties will comply with the rules of the “Company” with regard to personal data protection, and that the recipients
• will use the personal data only for the permitted purposes
• will receive and process them only on the condition that they will protect them from any unauthorised use, and they will adopt decisions and take similar measures and personal data protection terms, and
• they will strictly comply with the applicable laws.

To the extent that personal data are disclosed to third parties in relation to purchase transactions, the “Company” may transmit personal data to third parties offering creditability or fraud risk assessment services, or to third parties engaging in another object in the field of criminality prevention, in order for the “Company” to be able to accept your credit card or any other payment medium.

The “Company” has the unlimited right to use, process and disclose to third parties any anonymous details or sex details (and statistics) that do not reveal your identity.

You may ask the “Company” to notify the third parties who received your personal data about any corrections or deletions of your personal data. If the “Company” has no access to such personal data, it will try, depending on its capacities, to communicate your wish regarding such corrections or deletions to third parties. However, to the extent that your personal data have been transmitted to credit card companies and to other services/companies engaging in payment processes, it is possible that you may need to directly contact them, if you want your personal data to be corrected or deleted. The “Company” cannot assume any responsibility for the correction or deletion of personal data disclosed (at your consent) to certain services/companies, such as the ones assessing credibility, or to services/companies engaging in payment processes, which demand and/or take up control over such data. The “Company” shall not assume any liability for any erroneous credibility or risk assessment carried out by one of such third parties.