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Term & Conditions
1. General Information
This document establishes the terms and conditions that govern the use of this website (www.ibo-maraca.com) and the purchasing process of products from it (hereinafter referred to as the "Terms & Conditions").
We urge you to read the Terms and Conditions as well as our Privacy and Personal Data Protection Policy, carefully before using this website. Every time you use this website or place an order on it, you acknowledge that you are bound by these Terms and Conditions, you agree with them and undertake the responsibility to comply with them. In case you are not in agreement with these Terms and Conditions, you shall not make further use of the website.
The current Terms and Conditions may be modified in the future. It is your responsibility to revise them regularly, as the existing conditions at the time of formalization of the relevant Contract (as defined further on) or of use of this website, shall be those applicable. If you have any question regarding the Terms and Conditions or the Privacy and Personal Data Protection Policy you may contact us by using either the contact form or the contact details provided.
The Contract (as defined below) may be executed, in the official language of the website, namely English, in which the Terms and Conditions as well as the Privacy and Personal Data Protection Policy, are available on this website.
2. Our Company
We would like to welcome you to “IBO MARACA PRIVATE COMPANY’ with the trade name “IBO MARACA P.C” (VAT no 800606000, Athens Tax Office Α’ΑΤHINΟN, GEMI nr.131841000) a company that has been established in 2014. Nowadays, the company counts seven years of experience in the field of elegant, artistic, and quality craftsmanship for people who are always looking to wear something unique in mind. Our main task is to create artistic, stylish, intricate, handcrafted accessories inspired by exotic roots and the vibrant spirit of the company’s founders. The company's head office is based in Nikitara str. Nr.8-10, Athens 106 78, Attica, Greece.
We have created www.ibo-maraca.com webpage that includes an online shop which is the online presence of the company under the name “IBO MARACA PRIVATE COMPANY’. The website aims, especially with the creation of this particular e-shop, to signify the beginning of an advanced form of communication between the company and its customers. In addition, this e-shop is intended for all internet users who wish not only to receive direct information on the company's products but also to complete a purchase through the e-shop, by means of distant online order, provided that the company has sufficient stock.
Ibo Maraca’s objective is to treat its customers responsibly and securely.
3. Use of our website
Our website is intended for use by people resident worldwide. We accept orders from addresses within and outside the European Union. The information or personal details that you provide us with shall be processed in accordance with the Privacy and Personal Data Protection Policy as set according to the GDPR provisions. When you use this website, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality.
When you use this website and place orders through it, you agree to:
4. Registration, Subscription and Account Terms and Conditions
When you use our online services to purchase our products, you have the option of either creating a customer account or using our “GUEST CHECKOUT” form. Both options serve the purpose of purchasing of goods through our e-shop and for that reason they require from you to provide us with some of your personal information. By using these tools you confirm and consent to the storage and processing of your personal data as well as you acknowledge that you have previously read and agreed to our Privacy and Personal Data Protection Policy.
If you wish to proceed to a one-time purchase, you have the option of the “GUEST CHECKOUT” which you can access as above either through our “LOG IN” form or else by using directly our online e-shop. Similarly, you will be asked to provide us with your personal information and your consent. You should keep in mind that in both options (customer account and “GUEST CHECK OUT”) we collect, proceed and store your personal information only for the purposes as analyzed in our Privacy and Personal Data Protection Policy.
Our website www.ibo-maraca.com, provides you also with the option of “SUBSCRIPTION” to our Newsletter. Every time you visit our website, a pop up window appears in front of your screen where you can fill in ONLY your email address and automatically receive notifications for our newest product, our sales and the company’s latest news in general. Similarly, you can find the subscription form at all times, in the bottom of our webpage as well as in the “CREATE AN ACCOUNT” and “GUEST CHECKOUT” platforms of this website as an optional box to check. By subscribing to our Newsletter, you provide us with your expressed consent to send you notifications and information according to the above mentioned purposes.
For more information regarding your legal rights as to the processing and storage of your personal data through the usage of these three online options, feel free to visit our Privacy and Personal Data Protection Policy.
If you face any issues or wish to change any of your personal data or password, you may either use the relevant options provided in your “USER AREA” or contact us.
5. Procedure For Making An Order Through Our E-Shop:
Placing order through the e-shop signifies that you enter into a distant selling agreement, which is governed by the legal framework of the Greek Law No. 2251/1994 regarding consumer protection, as it was amended. The information contained in these Terms and Conditions and the details contained on this website do not constitute an offer of sale, rather an invitation to treat.
As previously stated, in order to enter into the sales agreement you need to fill in the special form with the necessary data. You may do that either by creating a permanent customer account through our log in platform or by using the Guest checkout as an option if you wish to perform a one-time purchase and not shop on a regular basis through our online e-shop. When you have selected all the products that you wish to buy, by adding them to your “CART”, the next step will be to proceed with the order and make the payment. To that end, you must follow the steps of the purchase process, filling up or verifying the information requested in each step. Furthermore, you should be aware that throughout the purchasing process and before the payment, you can modify the details of your order. Once you have concluded the payment, the order becomes permanent and no changes can be done. Upon sending of the order form, consumers receive an online copy of their order that they may save. Moreover, before the completion of the order, our company informs the consumers through our website about the identity and address of suppliers, substantial features of the product, price, quantity, transfer costs, payment method, delivery method etc.
After placing an order, you will receive an e-mail from us (Order Confirmation) acknowledging that we have received your order and giving you an order reference number (invoice number) for any references. By using this number for deliveries within Greece and abroad, you can track your order through each courier company’s website. Please note that the confirmation e-mail does not mean that your order has been accepted. Your order constitutes an offer by you to purchase a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Shipping Confirmation). There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and your bank account has already been charged, a similar amount shall be reimbursed in full.
The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipping Confirmation. You will only be charged for Products which have been dispatched to you. Please keep in mind that the sale will only be binding on us once we have notified you that the order is accepted and the Products have been dispatched by us. This means that if Products are shown on our Site but are not available or are incorrectly described, we shall not be obliged to sell you such Products
6. Procedure For Making An Order Through OUR “CUSTOMIZE” Platform:
Through the “CUSTOMIZE” Platform you may place an order for a specific customized product of your liking. Customized products are described as products made upon the explicit and special demands and taste of a customer, having a unique pattern and style tailored entirely according to the customer’s suggestions.
Firstly, you are able to choose from a variety of different hats from our company’s collection. Following your selection you may describe in the form placed on the bottom of the platform, the specific design and pattern of your hat. You can also choose color trimmings, embellishments or even initials to decorate your custom-made hat. Moreover, you may upload you design in a jpg. or pdf. form in order for us to paint it on the top of your hat.
By filling the form with your personal data and pressing the “REQUEST” buttons you automatically place an order of the specific customized hat. Such order will be processed from us and be subject to acceptance or denial. In the context of this we will contact you, in due course, either via phone call or email to confirm the receipt of your order, specify the particulars of it, inform you about the cost of your product and guide you with regards to the execution of the payment of it. There shall be no contract between you and us in relation to any product until your order has been expressly accepted by us.
You will only be charged for Products which have been dispatched to you. Please keep in mind that the sale will only be binding on us once we have notified you that the order is accepted and the Products have been dispatched by us.
7. Methods of Payment
To facilitate payment for those who wish to buy products from our e-shop, www.ibo-maraca.com offers the following payment methods:
Credit cards are subject to verification and authorization by the card issuing entity, but if the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver, and we will be unable to formalize any Contract with you.
All prices shown under the relevant lists of each product include VAT (24%); www.ibo-maraca.com reserves the right to change prices without notice to the consumers. Moreover in case of technical issues IBO MARACA PC can cancel online orders that were completed in wrong prices.
Non EU-Customers shall be subject to any extra charges that may arise from exchange rate differences, customs clearances, any import duty, quotes, permits, product restrictions and other local requirements for which our company shall bear no liability.
8. Availability of Products
All product orders are similarly, subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or even products of higher quality and value that you may order. In this way, if you choose to proceed with a purchase of a product of a higher quality and value that costs more than the initial product you chose and in the meantime you have already paid for the initial product, the amount of money you paid will be offset against the cost of the higher priced product. In the end, you will only have to additionally provide us with the amount of money (payoff) that arises from the offset. If you do not wish to order the substitute products, we will reimburse any amount that you may have paid. In such case please note that reimbursement on the item’s value doesn’t include shipping fees.
9. Refusal to process an order
We reserve the right to remove any product from this website at any time as well as to remove or modify any material or content. Although we will always perform anything possible to process all orders, there might be exceptional circumstances due to the uniqueness of each of our handmade products, that force us to refuse to process an order after having sent the Order Confirmation, and we reserve the right to do so at any time. In such cases, we shall not be liable to you or to any third party for removing any product from this website, for removing or modifying any material or content from the website, or not processing an order once we have sent the Order Confirmation.
Notwithstanding clauses above regarding product availability and save for extraordinary circumstances, we will endeavor to send the order consisting of the product(s) listed in each Shipping Confirmation prior to the date indicated therefor in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Shipping Confirmation.
We deliver to any country worldwide. Once the order is placed, you will be able to choose the available courier for your country. International destinations may be subject to import duties and taxes which are applied when the delivery reaches that destination. It is your responsibility to pay of any such duties and taxes. Please note that we have no control over these charges and we cannot predict their amount. Do not hesitate to contact your local customs office for further information before placing an order.
Nonetheless, there may be delays for reasons such as the customization of products, the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation.
If it is impossible for us to deliver your order, the courier will leave a note explaining where your order is located and what to do to have it delivered again. They will make a second attempt to deliver the package and if this is not possible, they will contact you to organize the delivery on another day.
Please note: Delays may occur during public and national holidays.
The price of the products will be stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the web page are correct, mistakes may occur. If we discover a mistake in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
We are not obliged to provide you with any product at the incorrect lower price (even when we have sent the Shipment Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognized by you as an incorrect price.
Product prices are set in Euros including taxes (where applicable) at the applicable current rate chargeable in Greece for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay.
The delivery of orders within Greece is free of charge in all occasions. For deliveries to other countries within and outside the European Union shipping costs are charged to the customer as indicated in our “SHIPPING COSTS” page. Delivery of items worldwide that cost up to 550 euros is free of shipping costs.
Prices may change at any time. However, except the case stipulated above, the changes shall not affect the orders for which we have sent a Shipping Confirmation.
12. Order Cancellation
In case you would like to cancel your order please contact us as soon as possible after the order completion and we will do our best to help you. In any case order cancelations need to take place up to the moment the order is processed by our sales team responsible for the order completion. More specifically after receiving the Order Confirmation from us, you will be no longer able to proceed with a cancellation of your order. In this case, we will proceed with an alternative procedure in order to act on your request
13. Right of Withdrawal and Return Policy
You have the right to withdraw from the sale agreement by returning your order wholly or partly within a time limit of 14 working days from the date you received it. In these cases you shall solely bear the costs of returning the products. Although, in case of return of a product, due to a company’s inaccuracy or mismanagement, we undertake the responsibility to cover the costs of the product return. In particular, the amounts paid for the products returned due to any damage or defect, when it actually exists, will be reimbursed in full, including the delivery costs related to sending the article and the costs to you for returning it to us. The refunding of the article shall take place as soon as possible and in all cases within 14 days from the date on which we send you an email confirming the refund of the product is going ahead. The refund shall be paid by the same payment means you used to pay for the purchase
In order to perform your right of withdrawal and return any of the products you ordered, you must follow the steps and instructions as analyzed below. For your own convenience, it is recommended to check carefully your order upon delivery and the condition of the sold product, as well as to check if product’s package is intact so as to detect any apparent faults. Furthermore, upon receiving your goods, we advise you try them on straight away, without though cutting the label or damaging the packaging. In any case, if a fault is detected in a returned product during quality control, the company undertakes to contact consumers in order to resolve the issue.
STEPS AND INSTRUCTIONS
Once the items have been received they will undergo a quality review and once cleared, you will either receive an Authorization or Rejection email of your return. We closely try to accept all returns. Although products which are NOT in their original condition, and have been damaged, washed, mishandled, or are missing the tags will not be returned and will be sent back to the purchaser. No credit will be issued and the purchaser will be charged for the return shipping costs on all occasions. We reserve the right to refuse refund services to anyone who makes excessive returns.
In case of a return of a product, refund of payment shall be concluded within 14 days from the date we shall receive the product (excluding the original delivery charges) depending on both the method you chose to pay your order and the way such product would be returned. If your order has been sent to a destination within the EU, all sales taxes will be refunded as well. Outside the EU, customs duties and sales taxes are non-refundable through IBO MARACA. However, you may be able to recover these by contacting your local customs bureau, directly. As this may not be available for all countries, we recommend that you hire a customs broker if you wish to claim back duties on returned merchandise.
If you wish to learn more about your statutory right to withdraw and the returns procedure please visit “CUSTOMER CARE” and click to the section “RETURNS & REFUNDS”.
14. Right of Exchange or Replacement
The company provides its customers with replacement and exchange services. In case you wish to change any products with a different size or a different color, you have to send as an email (firstname.lastname@example.org) first, to notify us of what you will be returning for exchange and the reason so we can authorize this procedure. Similarly, in this case you must fill in the Return Form and follow the Return Policy instructions as mentioned above. Once we receive the product you wish to exchange and notify you for the authorization of the procedure, a new size or a different color of the product will be dispatched as soon as possible, if available.
You also have the choice of replacement of a product with another one from our collection under the condition that the new product you chose is available. Once more you will have to follow our Return Policy and fill the return form. The procedure of replacement is similar to the procedure for exchange of products. Please note that as mentioned above in the “Availability of Products” section, if you choose to replace your product with another one of a higher price and value and you have already proceeded with the payment for the first product, the amount of money that you paid will be offset against the cost of the product you chose for replacement. In the end you will only have to pay for the amount of money (payoff) that arises from the offset.
Shipping costs considering exchanged and replaced items are described in details in our “SHIPPING COSTS” page.
Please be aware that we can exchange the same item for a different size only ONCE!
As above, in case of return of a product, due to a company’s inaccuracy or mismanagement, we undertake the responsibility to cover the costs of the product return. IBO MARACA P.C also undertakes the responsibility, to deliver the order again at the shipping address you have specified at the company’s own expense.
All rights recognized in current legislation shall be, in any case, safeguarded
15. Transmission of risk and ownership of the products
The product risks shall be your responsibility at the moment when you or a third party indicated by you other than the carrier have acquired physical possession or control of the goods.
You will take ownership of the products when we receive full payment of all amounts due, including delivery fees, or at the moment of delivery, if that were to take place at a later time, after the fulfillment of the payment.
The website www.ibo-maraca.com uses the Eurobank SSL protocol to secure online business transactions. In this way, all personal information like credit card data, name, addresses, is encrypted so that it may not be read or changed while transferred on the Internet.
SSL protocol (Secure Sockets Layer) is now a global Internet standard for the certification of websites to Internet users and for the encryption of data between Internet users and web servers. An SSL encrypted communication requires all information interchanged between a customer and a server to be encrypted by the sender’s software and to be decoded by the recipient’s software; in this way, personal data are protected while transferred οn the Internet. Furthermore, all information sent via SSL protocol is protected by a mechanism that automatically verifies if such data have been changed while transferred.
17. Intellectual Property Rights
You acknowledge and agree that all copyrights, designs registered trademarks and other intellectual property rights in the materials, products of our company or contents of the website provided as part of the website, fall explicitly under our legal property rights and they are conferred to us at all times or to those who grant us license for their use. You may use the said material only to the extent that we or the usage licensers authorize it expressly. Any reproduction or redistribution of the above is prohibited and may lead to civil and criminal penalty. Note that this does not prevent you from using this website to the extent necessary to copy the relevant information to execute an order or any other legal action which fall within the scope of your consumer rights.
In the context of the platform “CUSTOMIZE” and the submission of artworks such as designs, photographs, texts or any other work that falls under the protection of intellectual property rights, by submission of such artwork you provide us with authorization for the purposes of acting on your request. Moreover you acknowledge and agree that you, in case of a third party artwork, have previously obtained license or authorization for the purposes described above and that you will be fully responsible for any penalties or charges pressed by the creator.
In accordance to the Intellectual property rights mentioned above, "Content" shall mean any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. Ibo Maraca tries to ensure that all the information on this site is accurate and complete, however mistakes may occur.
18. Our Liability
We will not be any means be liable to you by way of representation, under any law system (civil or common law) or under any expressed or implied term of the Contract for:
19. Events Beyond our Control
We will not be liable for any non-compliance or delay in compliance with any of the obligations we conclude under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
It shall be clear that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in force and we will be given an extension of the term in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure. Moreover, while this situation applies, we will not be liable for any loss of income or revenue, loss of business or loss of business opportunity.
20. Means of Communication
The applicable regulations and laws require that some of the information or notification that we send to you should be in written form. By using this website, you agree that most of the communication with us will be electronic. We will contact you via e-mail or we will provide you with information by posting alerts on this website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing. This condition will not affect your rights as recognized by law.
21. Waiving Rights
The lack of requirement on our part for strict compliance on your part with any of the obligations assumed by you by virtue of a Contract or of these Terms and Conditions or the lack of exercising on our part of the rights or actions that correspond to us by virtue of this Contract or of the Terms and Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate you from fulfilling said obligations.
The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions as well, derived from the Contract or from the Terms and Conditions.
The waiving on our part of any of these Conditions or of the rights or actions derived from the Contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to you in accordance with the provisions of the Notifications section above.
22. Terms Modification
We have the right to review and modify these Conditions at any time. You are subject to the policies and Conditions in effect at the moment in which you use this website or place your order, except when by law or decision of governmental entities we must make changes retroactively to the said policies, Terms & Conditions or Privacy and Personal Data Protection Policy, in which case the possible changes will also affect orders made previously by you.
23. Applicable Legislation and Jurisdiction
The use of our website and the product purchase contracts through our website shall be governed by Greek Law No 4624/2019, the European Union Regulations and in particular Regulation (EU) 2016/679 as well as International Laws.
Any controversy that arises or is related to the use of the website or said contracts shall be subject to the exclusive jurisdiction of the Greek courts and more particularly The Courts of Athens.
If you are entering into the contract as a consumer, nothing in this clause shall affect the rights you have, as recognized in any applicable legislation in force.