GENERAL TERMS OF USE of Performancebulitparts.com

The primary concern of the company is the terms which provide the rights and obligations of Performancebulitparts.com to anyone who visits the above website whose objective is to inform his/her rights and obligations as well as his/her better service in the search and acquisition of the products he/she desires to purchase from the online store.

1. INTRODUCTION/DATA

Performancebuiltparts.com is the online store of the company under the name Keramidas Ath. Nikolaos with entry number in the Hellenic Business Registry 124080503000, Tax Identification Number (VAT Number) EL136030005 in Egaleo tax office, which is situated in Chaidari, Attiki (Favierou street number 57, postal code 12461, telephone number +30 2105903376, e-mail: sales@performancebuiltparts.com) (here after referred to as “Company”).

The following terms and conditions are applied to the use of the online store Performance Built Parts which is located in the online address Performancebulitparts.com. Any user who enters, makes transactions or uses the services of the online store (hereafter referred to as “visitor” or/and “user” or “customer” according to whether his/her intentions are just for visit, or make a purchase of goods or services) consents and accepts without doubt the following terms and conditions, with no exceptions. If the user does not agree with the terms, than he/she is obliged to stop using the online store as well as purchase any of it’s goods or services.

The use of the online store is forbidden to minors as well as people who are deprived of the capacity to perform legal acts.

With his/her entrance the user declares that he is an adult and is capable to perform legal acts, he/she is also bound that will not allow the use of his data and his password to minors or people who are deprived of the capacity to perform legal acts. If any of the above takes place then the user is held responsible.

2. PROVIDED INFORMATION AND PRODUCTS

The Company is bound to the accuracy and completeness regarding the information provided in the online store. In the context of good faith, the Company is not held responsible or bound by the mistakes which are made inadvertently or typographical errors, which can not be predicted or have inexplicably arisen from operating interruptions of the website due to reasons of force majeure.

The Company reserves the right to change the contents of the online store (indicatively mentioned: price, availability, photograph, description and so on), without prior notice and in such time these changes are valid from when they take place and are immediately published to the internet.

3.USER OBLIGATIONS

The User of the online store declares that he/she will not use its contents in any illegal, immoral, offensive or malicious way.

The User declares that the data provided by him/her during the use of the online store and its contents are entirely accurate and correct.

Finally, the User declares that he/she is held responsible from the use of the online store and his/her account by unauthorized people, as well as compensate from any damage this use might incur to the online store or/and any of its partners.

4. LIMITATION OF LIABILITY

The Company in the context of trade from the online store is not held responsible for any errors in prices, characteristics or photographs and reserves the right to change prices without prior notice.

The Company is no held responsible for any technical problems which may arise to the User when he/she attempts to access the website, and in its duration, which are related to the operation or compatibility of his/her infrastructure with the use of the website.

The Company in the context of trade from the online store is not held responsible and is not liable to compensate for any loss or damage which may arise from the cancellation of orders, from non-execution or delayed execution for any cause. The Company does not guarantee the availability of the displayed products in the online store but informs according to the respected data for the availability to the potential customer. In the event of any change in the data, the Company undertakes the right to immediately inform its potential customer for the unavailability, as a result the Company has no further liability.

The Company does not guarantee the availability of the products but undertakes the obligation to immediately inform the Customer for any unavailability.

The Customer is solely responsible for the selection and use of the products which are offered in the online store and the Company is not responsible for the correctness of the choice of the Customer, or any incompatibilities between products and their use by the Customer.

Under no circumstances is the Company liable civilly or criminally for any damage (whether positive, special or incidental, which may include, but is not limited to, alternatively and/or cumulatively loss of profits, data, loss of earnings, pecuniary interest and so on) which the Customer might suffer from the use of the online store, or any third party , from any cause which is related to the operation or lack of and the use of the online store or/and inability to provide services or/and products or/and information available to the Customer from unauthorized third party interventions in products or/and services or/and information available through it.

5. PERSONAL DATA AND SECURITY

The Company recognizes the importance of the issue of personal data security and electronic transactions and has take all the necessary measures using the most modern and advanced methods to ensure maximum security.

All information related to the User’s personal information is kept confidential. The User’s information (name, occupation, email, address and so on) and the User’s transactions with the online store are treated as confidential as in normal transactions in commercial shops. The User in providing his/her data in the context of his/her transactions as hereby consented and accepts the imminent processing of such data for the needs of the smooth and convenient between the parties transactions, as well as the transmission of this data to acceptable person that are specifically identified and are the employs and assigned to the Company in the course of the transaction. The existence of the right of access and of the right of objection under articles 12 and 13 of Greek Law 2472/1997.

The personal data declared at the online store are solely used by it and/or the affiliated companies with the purpose of supporting the promotion and execution of the business relationship. The sum of all documents and electronic data to be exchanged between the parties in the context of the sale will be kept by the Company. The User may have access to them if he/she so desires.

Links in webpage www.performancebulitparts.com

6. The links included in the eshop lead to pages of the shop or in some cases lead the user to third party web pages, businesses and so on. The above linked webpages are under the control of the Company and the Company has no responsibility over the contents of any such pages or links included in a linked webpage, or any changes or updates in such webpages. The Company is not responsible for any pop up advertisements of the internet or any other form of transmission received by any linked webpage. The Company provides these links in the eshop to simplify the use of the eshop, their use is not obligatory for the visitor/customer and the fact that they are included in the webpage does not imply that the Company approves or accepts its content.

7. Return policy

Return policy due to wrong product delivery

In all cases in which wrong products are delivered which differ from the ones sold, either by type or quantity previously agreed in writing with the Company the customer returns the products for inspection and verification of the mistake. In this case the cost of returning the goods to the Company as well as the costs of forwarding the correct ones to the customer are borne by the Company, as long as the proposed return is complied.

Return of defective goods

In any case where the goods are defective, provided that such is certified by the authorized repairer who provided the warranty or in the case where the Company itself provides the warranty, the following apply:

  1. The warranty is valid for a limited amount of time as written in the detailed characteristics of the product. After the end of the period this repair or replacement of the goods is possible with extra charge following a new agreement with the customer.
  2. The return of goods must be accompanied with all its documents (receipt, invoice, etc) as well as its packaging.
  3. The return of goods must be made either by the customer in person to the Company of by courier services.
  4. In courier returns, the customer is charged with shipping costs to the Company and the Company is charged with the costs of dispatching the replaced or repaired goods.
  5. After the return of the goods, they are checked for the defect and the results of the inspection are then communicated to the customer.
  6. If the defect is found, repair or replacement takes place, in the event that the above is not possible in due time and no replacement product with similar characteristics or of similar value can be sourced by the Company the transaction is cancelled. If the transaction is cancelled, the refund of the original purchase is made in the same way as the initial payment of the customer to the Company.
  7. In the case of credit card charges, the Company will be obliged to inform the issuing bank about the cancellation of the transaction and the bank will then proceed to any action provided by the contract which it has with the customer, without any further responsibility by the Company. The Company is not liable for the time and manner of execution of the settlement regulated by the aforementioned contract. In cash payments, if the customer has chosen the option of store pick up the return will be made by cash from the Company at the store. In the case of bank wire transfer, a bank wire transfer from the Company’s accounts will be made to the customer.
  8. In case the return goods are returned damaged or incomplete, the online store has the right to claim compensation from the customer the sum of which is defined by the condition of the goods and unilaterally and without the interference of others in partial or complete claim against the customer.

Return of goods which are defective upon delivery

The return of goods which are defective upon delivery will be acceptable within seven (7) calendar days from when they were delivered to the customer. In the same time, the goods should not be damaged and they must have all the original documents that accompanied the goods (receipt, invoice, etc) and its complete packaging. In such cases the following apply:

  1. The product is delivered and inspected to determine the reported by the customer defect.
  2. Provided that they have previously been received and inspected, the Company will replace the item with a new similar one or in the case of unavailability with another new product of the same quality and price otherwise in case the customer does not wish for it to be replaced, the original purchase will be refunded to the customer. The return payment is made in the same way as the customer’s initial payment to the Company.
  3. In the case of credit card charges, the Company will be obliged to inform the issuing bank about the cancellation of the transaction and the bank will then proceed to any action provided by the contract which it has with the customer, without any further responsibility by the Company. The Company is not liable for the time and manner of execution of the settlement regulated by the aforementioned contract. In cash payments, if the customer has chosen the option of store pick up the return will be made by cash from the Company at the store. In the case of bank wire transfer, a bank wire transfer from the Company’s accounts will be made to the customer.
  4. Shipping costs for both the return of goods to the Company and the return to the customer of the replaced goods are borne by the Company.
  5. In case the return goods are returned damaged or incomplete, the online store has the right to claim compensation from the customer the sum of which is defined by the condition of the goods and unilaterally and without the interference of others in partial or complete claim against the customer.

Return of non-defective products-Right of unjustified withdrawal from the customer

The customer has the right to withdraw from the purchase contract within fourteen (14) calendar days from the date of payment (when it comes to products) and even when there are many products in the same order from the delivery of the latter while there is an obligation to deliver products at regular intervals from the delivery of the first. The withdrawal is subject to the following conditions:

  1. This withdrawal is unjustified and with no charge if the product has already been delivered, the customer must return the product exactly in the same condition that he/she received it and without having used it, with all the parts and the accompanying forms and its packaging in excellent condition. The return of the product is accepted only if first the customer has paid off any amount that has been burdened by the Company for the dispatch of the product and the shipping costs for the return of the product.
  2. The withdrawal notice shall be made in writing or electronically and the Company shall be required to send a confirmation of receipt of a withdrawal notice as soon as it is received. Following the withdrawal notice, the Company is required to reimburse the amount received within fourteen (14) days of the receipt of the products.
  3. Shipping costs are not reimbursed if the customer has chosen a delivery method other than the cheapest standard delivery method offered by the Company.
  4. The money will be refunded to the customer by the same means as the original collection. In particular in the case of credit card charges as follows: in the event that until the withdrawal and return of the item, the total sum has been paid to the Company by the bank, the Company will be obliged to inform the issuing bank about the cancellation of the transaction and the bank will then proceed to any action provided by the contract which it has with the customer, without any further responsibility by the Company. The Company is not liable for the time and manner of execution of the settlement regulated by the aforementioned contract. In cash payments, if the customer has chosen the option of store pick up the return will be made by cash from the Company at the store. In the case of bank wire transfer, a bank wire transfer from the Company’s accounts will be made to the customer.
  5. The customer is obliged to reimburse the Company if he/she has made use of other than the necessary to ascertain the nature of the characteristics and the operation of the goods in the period up to the withdrawal notice. The nature of the characteristics and the function of goods should be ascertained on the basis of the information provided on the outer packaging of each product, as well as the additional information provided by the Company and in any case without opening the packaging of the products and putting the products into use. The Company is willing to inform the customer about any questions about the nature and operation of the products by providing additional information through electronic or other means. In the case of opening the packaging or putting products into operation, their value is automatically reduced as the product is characterized as used and the customer has to compensate the Company for the reduction of the value of the product. The reduction in value from the opening of the packaging and consequently from the classification of the product as used is considered where approximate and determined by the Company and usually is in the order of 20% to 30%. The Company is entitled to agree with the customer on its compensation even by mutual offsetting.
  6. In the case of the withdrawal relating to the provision of services, the customer shall pay an amount in relation to the sum until the withdrawal notice.
  7. In case the return goods are returned damaged or incomplete, the online store has the right to claim compensation from the customer the sum of which is defined by the condition of the goods and unilaterally and without the interference of others in partial or complete claim against the customer.

Exclusions from the withdrawal

Withdrawal does not apply to:

  1. Contracts of provision of services after the full provision of service if executed with the prior express consent of the customer and by his/her acknowledgment that he/she will lose the right of withdrawal only in a contract fully executed by the supplier.
  2. Products which are not suitable for return for reasons of health protection and which have been unsealed after delivery (e.g. worn tires).
  3. Contract which the customer has requested a special visit by the supplier in order to carry out urgent repairs or maintenance work. In the event of such a visit, should the Company provide additional services other than the ones requested by the customer and the goods or spare parts which are necessarily used for the execution of maintenance works or repairs, the right of withdrawal applies to such additional services or goods.
  4. Supply of products manufactured according to the consumer specifications or clearly personalized.

Safe products – warranty terms

The products offered by the Company are durable products which have all the necessary safety certification. The products are accompanied by written instructions of use (besides products of simple use) and with a written warranty of good function of reasonable duration in the Greek language. The warranty form always includes the name and address of the guarantor of the product to which the guarantee is stated, the exact content, the duration, the area of its validity, as well as the rights provided by the applicable law. The warranty is valid according to the manufacturer from the date of purchase and allows for the free repair of the problem if the following conditions are met:

  1. Valid guarantee and proof of purchase.
  2. The fixed components of the product have not been altered or tampered with.
  3. Not to exclude damage based on the manufacturer’s warranty form.

In the case of products not accompanied by a warranty from the manufacturer, the Company must inform the customer and has no other responsibility to the customer.

8. Intellectual property rights

All the contents of the eshop, including the titles, badges, pictures, graphics, photographs, designs, and texts and so on are copyright of the Company and are protected by Greek, European and international law. Copying, transferring or creating work with the contents as basis or misleading the public for who the actual supplier of the eshop is forbidden. Copying, transferring, uploading, spreading or any other use of the contents for any means is forbidden without written consent by the Company or anyone who has copyrights. The names, pictures, logos and distinctive features which represent the eshop and or third party and products or services, are solely badges of the Company and or third party, protected by the relevant laws of trademarks. Those appearing on the eshop should by no means be misunderstood as being allowed to be used in any way.

9. USER LIABILITY

The user agrees and undertakes not to use the contents of the eshop for: a) sending, publicizing, sending email or transferring by any other means of the contents for any reason which may harm or damage the Company or any third party and or betray the confidentiality of anyone, b) sending, publicizing, sending by email and or transferring by any means the contents for which he/she has no right to reproduce according to the law or existing contracts (for example internal information, ownership and confidentiality information attained or revealed as part of the working relationships or which are covered by confidentiality contracts), c) sending, publicizing, sending by email and or transferring by any means the contents attacking the moral values, social values, minors and so on, d) sending, publicizing, sending by email and or transferring by any means the contents which may violate any infringement acts, trademarks, trade secrets, copyrights or other rights of third parties, e) sending, publicizing, sending by email and or transferring by any means the contents containing viruses, malware or any other codes, files or programs designed with intent to terminate, damage the equipment or the functionality of any software or hardware on computers, f) deliberate or not, violation of applicable laws and/or provisions, g) harassing others in any way, f) collection or storing personal information relating other users.

10. TERM AMENDMENTS

The Company reserves the right to freely amend fully or partially the terms and conditions of the trades in the eshop, whenever it deems it is necessary. Any other change shall be notified through the website of the eshop.

At the time the user places an order from the eshop or uses the eshop he/she is liable to current legislation and terms, unless otherwise demanded by any amendment in the above specified terms and conditions, and terms if made by the government authorities or by law, case in which changes may apply to orders that have been placed even prior to the changes.

11. COMMUNICATION

For any kind of information, clarifications, demands as well as communication with the manager of the webshop, or withdrawal claims for any section of the contents of the webpage, as well as claims to duplicate any contents please contact the customer care department at 00302105903376, or send an email at: performancebulitparts.com

12. APPLIED LAW AND JURISDICTION

The contracts of the eshop are bound by European and Greek law, especially be legislation which involves issues concerning electronic trade, distant sales, as well as customer protection. The webshop has been created and is controlled by the Company in Athens and the Greek legislation will dictate the use of the webshop. If the user choses to gain access of the webshop from another country, he is liable to follow the law of his/her country.

For any ambiguity which may arise from the relationship between the Company and the customer, responsible for the resolution are the Courts in Athens. For any extrajudicial settlement, the customer may refer to extrajudicial agents, for instance General Secretariat for Consumer Affairs (Kanigos square, 10181, Athens www.efpolis.gr, tel: 1520, fax: 2103843549), Consumers Advocate (www.synigoroskatalanoti.gr, Aleksandras avenue 144, 11471, Athens, tel: 00302106460734, fax: 00302106460414), in the Greek committee of Mediation of consumer disputes (article 11 of law 2251/1994) which are located in the Municipalities of the country.

According to directive 2013/11/EK, which was integrated in the Greek legislation through KYA70330/2015, there is also the ability to electronically resolve consumer disputes the Alternative Dispute Resolution process in the European Union. If the customer has a problem with the purchase he/she made at the eshop and he is an EU resident he/she may use the webpage https://webgate.ec.europa.eu/odr/main/?event=main.home.show for extrajudicial dispute. The carrier responsible for this is the Alternative Dispute Resolution Carrier (ΕΕΔ) which is: European Consumer Center of Greece (ECC Greece), Aleksandras avenue 144, 11471, Athens, tel: 00302106460284, fax: 2106460784, info@eccgreece.gr. The customer can contact the above carrier to guide him/her through the process for his claim.