For his convenience, the User of the online store (here in after”User” or “Customer“) may register in the online store before starting the process of submitting his order. For the registration or login of the User to the online store only an email and a user code are required. This information remains strictly confidential. The COMPANY reserves the right to use this information to send updates on new products or offers to customers or registered users of the online store. If at any time the User wishes to cancel his/her subscription to the address/email list, he/she may send an email to msomalakidisgmail.com to request the deletion or change of his/her personal data kept.

3.1. Submission of an online order – Proposal for the purchase of goods

The order of the products is submitted by filling and sending the special Order Form available in the “Cart”. Before submitting the order (checkout), the Customer takes note through a special link of the terms concerning the sale of the products and / or services he wishes to acquire and then selects the activation of a relevant icon (indication) “I have read and accept the terms of use“. With this marking, the Customer expressly and unconditionally declares that before submitting his order he was aware of the following information in a clear and comprehensible manner:

1. The main characteristics of the products ordered, as described on the pages of the e-shop. The Customer must check each relevant characteristic before placing his/her order, so as not to maintain any doubt about the characteristics and properties of the ordered products and / or services. The COMPANY has no responsibility in case the Customer has failed to be adequately informed about the above.
2. The total price of the products of the order, including VAT, any other charges and all additional charges for shipping, delivery or postage and any other expenses. Where these charges cannot reasonably be calculated in advance, the fact that such additional charges may be required shall be made known to the Customer in the order text (order form) and the Customer shall be made aware of this before placing the order. Additional charges or other costs that were not made known to the Customer prior to the submission of the order or in the event that they could not be calculated at the time of the order were not communicated to the Customer by telephone prior to the confirmation of receipt of the order, then they shall not be borne by the Customer without the Customer’s prior express consent. In particular, the indicated prices of products and/or services as set in the online store are the final prices (including the applicable VAT). The above mentioned final prices of each product and / or service in the online store do not include shipping costs, which are calculated in the text of the order based on the selection of the shipping method.
3. The methods of payment, delivery and execution of the order.
4. Any delivery restrictions and means of payment.
5. The conditions, the exceptions, the deadline and the procedures for exercising the right of withdrawal and the obligation to charge the Customer with the direct cost of returning the products to the COMPANY, in case of withdrawal.
6. In case the Customer exercises the right of withdrawal after having used the service, he/she will have to pay a reasonable cost to the COMPANY.
7. Where no right of withdrawal is provided under the Law, the information that the Customer will not have the right of withdrawal or, where applicable, the circumstances under which the Customer loses the right of withdrawal.
8. The existence of the COMPANY’s liability for actual defects and lack of agreed qualities according to articles 534 et seq. of the Civil Code.
9. Where applicable, the existence and terms of application of after-sales customer support services, after-sales service and commercial guarantees.
10. Where applicable, any standard digital content interoperability with hardware and software of which COMPANY has knowledge or can reasonably be expected to have knowledge.
11. Where applicable, the possibility of recourse to an out-of-court complaint and redress mechanism to which the COMPANY is subject, as well as the ways of accessing it.
12. The obligation to pay upon submission of the order.

The sending of the order to the COMPANY constitutes an offer to purchase the ordered goods and a declaration of acceptance of all the colours described in the order. If there is no notification or acceptance, the Customer is entitled to a refund of this payment.

3.2. Confirmation of receipt of the electronic order – Preparation of the sale

The order is not binding for the COMPANY, before the Customer receives the confirmation of the acceptance of the order by the COMPANY, as described below. The order is considered received by COMPANY from the moment the Customer receives a relevant update of the order status with the indication “Confirmation of Order Entry“. Updates on the order status are displayed on the User’s screen and are sent by email to the contact email address registered by the User/Customer. The order status is continuously updated as well as when changes occur during the order management. The Customer must check the “Confirmation of Order Entry” and immediately inform the COMPANY (no later than within 2 hours from the time of receipt of the electronic notification marked “Order Entry”) in writing of any error, otherwise the data indicated in the “Confirmation of Order Entry” will be applied to the Sales Contract. During the processing of each registered order, the availability of stock of the products of the order is confirmed by the COMPANY. In case the availability or the delivery time differs from the one indicated on the product page, the Customer will receive a relevant notification. In particular, the COMPANY and if it determines the availability of the product and the lack of any errors in the online store regarding pricing or price of products, their characteristics, etc. by e-mail will confirm the acceptance of the order. The above e-mail will expressly confirm the content of the order, the total price, and the estimated time of delivery of the order, as it was already known to the Customer prior to the submission of the order. The order is considered binding and the sale is considered to have been concluded and creates claims of the contracting parties (Customer – COMPANY) only with the sending and receipt of the above-mentioned electronic message with the indication “Your order has been sent” or “Your order is ready for pickup“. The status of the order is constantly updated as well as when changes occur during the management of the Customer’s order. The Customer is obliged to check the status of the order and to immediately inform the COMPANY in writing of any error in the order, otherwise the data indicated in the Confirmation of receipt of the order will be applied to the sales contract. The Customer also has the opportunity to be informed about the progress of the order, either by telephone (tel: 210 6779800), or by sending an e-mail (e-mail to the e-mail address:msomalakidisgmail.com) or electronically by logging into his account by entering his personal details in the username and password fields of the following link http://stem-toys.gr/my-account and selecting “My orders“. Limitations of Liability: In the context of good faith and business ethics, the COMPANY is not obliged to accept an order and conclude a sale of products and / or services, which due to a typographical or computer error, appear in the online store with an incorrect price, i.e. lower or higher than the current price for the period in question. In the event that in an order such an error in the price is found in only part of the ordered products, then the order is valid and executed normally for the remaining products and is considered not completed for the products in which the error was found, except in the case that the items in the order are related, are to be used as a single set and operate as a unit with each other and the Customer declares that the partial fulfillment of the order does not serve his needs or interests, in which case the COMPANY must cancel the entire order. In case of incorrect shipment of non-ordered products or services, their unconditional receipt or failure to inform the COMPANY and return the products cannot be considered as consent, acceptance or declaration of willingness to purchase them. In the event that a return is requested by COMPANY and the Customer delays returning such products for a period of more than seven (7) calendar days, then such refusal shall constitute a statement of intent to purchase the items and the order shall be deemed to have been confirmed and the Customer shall pay the value of the items.

The COMPANY reserves the availability of its products if they are not available at the time of the order. In this case, the COMPANY reserves the right not to accept the order in question and therefore not to conclude the sale. Any payments will be returned to the Client without undue delay, in the same way that the Client chose to pay for the order. Special cases of availability are the following:

• Upon request: The product will be searched at a supplier of the COMPANY and the Customer will receive information about the availability of the product within 3-5 working days from the submission of the order.
• With pre-order: The product is not in the supplier’s warehouse but can be ordered with an estimated delivery time. In this case, before the order is placed, the Customer is informed of the estimated time of arrival of the product. The confirmation of receipt by the COMPANY of the pre-order is only a confirmation that the order has been received with the content indicated and in no case constitutes acceptance of the order or agreement of terms (drawing up) of sale.
• Temporarily Out of Stock: The product is out of stock or discontinued or not expected to be received immediately.
• Offers & Coupons: The prices of these products are valid while stocks last. These products are subject to a strict order of priority in the execution of orders.

The COMPANY notifies each time to the Customer the estimated delivery time of the ordered product, depending on the circumstances. In any case, COMPANY undertakes to deliver the ordered product within thirty (30) days from the confirmation of receipt of the order. However, COMPANY reserves the right to inform the Customer in case of the existence of subsequent reasons that make the product unavailable or the possible (new) delivery time if there are reasons for delaying the delivery. In this case, if it is deemed that the delay makes the transaction unprofitable for the Customer, the Customer is entitled to unilaterally cancel the order by written declaration (by e-mail to msomalakidisgmail.com). If the order is cancelled and thus the sales contract is terminated, the COMPANY must refund, without undue delay, all the money paid by the Customer. Non-availability of part of the order: If the unavailability concerns only part of the ordered products of the order, the remainder of the order is normally executed, unless the products of the order are related, and are to be used as a whole, and the Customer declares that the partial execution of the order does not serve his needs or interests, in which case COMPANY must cancel the entire order.

5.1. Delivery Method

Pick up from a physical store of STEM – toys free of charge: If the Customer chooses during the submission of the order, pickup from the physical store of STEM – toys, he will receive an electronic notification of the estimated time of receipt of the order from the store (confirmation of receipt). The Customer is obliged to receive his order within five calendar days of receipt of the relevant notification of receipt. If the Customer does not receive the product within five (5) calendar days from the receipt of the notice of receipt, the COMPANY reserves the right to withdraw from the sale. To receive the order, the Customer must show the order confirmation (order code) and the notice of receipt, as well as an official identification document (such as an identity card or passport). If the Customer wishes to authorize a third person to receive his/her order, then the third authorized person must have with him/her a special authorization to receive the specific order legally certified by a KEP or police or other authority as well as an official document necessary for the verification of identity (identity card, passport, etc.). Given that after the receipt of the products, the risk passes to the Customer, the latter must check the products received upon receipt, since by signing the receipt, he confirms that he has correctly received the products of his order. Delivery at the place designated by the Customer: In case the product is shipped to the place chosen by the Customer, the product is delivered to an external partner – carrier and the Customer is informed electronically that the product is ready for shipment. Shipping costs are calculated based on the Customer’s order. Any incorrect entry by the Customer and therefore incorrect calculation of shipping costs is not borne by the COMPANY, but by the Customer.

For the receipt of the order, the Customer will show the external partner-carrier the order confirmation (order code) and the notification of shipment, as well as an official identification document (such as an identity card or passport). If the Customer wishes to authorize a third person to receive his order, then the third authorized person must show a special authorization to receive the specific order, legally certified by a KEP or a police or other authority, as well as an official document necessary for the verification of identity (identity card, passport, etc.). Since after the receipt of the products, the risk passes to the Customer, the latter must check the products received upon receipt, as with the order, the risk is transferred to the Customer. If the Customer does not receive the product after receiving the notice for shipment and despite the notice from the carrier, the COMPANY reserves the right to withdraw from the sale. Cost of delivery:

• For orders over 150€ the shipping costs are free of charge for all of Greece.
• For orders under 150€ the cost is 4€ or 6€ (GENIKI TAXYDROMIKI or ACS respectively).

5.2. Delivery Time

The delivery time of the sold products and services is specified in the order depending on the availability, confirmed in the acceptance of the order by the COMPANY, and is a maximum of thirty (30) days from the time of drawing up the sale, unless there is a special different agreement of the parties confirmed in writing, by e-mail. Force majeure: COMPANY is not responsible for delays in the execution of the order (including delivery) due to circumstances that cannot be attributed to the fault of COMPANY or due to force majeure and therefore COMPANY is entitled to an extension of time for execution. Indicative examples may include strikes, acts of terrorism, war, supplier/transportation/production problems, exchange rate fluctuations, governmental or legislative acts and natural disasters. If such events last for more than two (2) months, the sales contract may be terminated by either party without compensation. If the Customer deems that he no longer has an interest in the execution of the order, he is entitled to terminate the sales contract and the COMPANY is obliged to refund the price and any other amount paid under the sales contract.

Any delivered products remain the property of the COMPANY until the final, full and complete payment of the price to the COMPANY.

The Customer can easily return the products he has purchased from the online store because he has simply changed his mind, within fourteen (14) days of pickup. The Customer may deliver the products directly to the Store or send them at his own expense to the Store. In any case for online orders, the Customer may, before returning the products, contact the Customer Service Department of the COMPANY, either by phone (tel: 210 0080386, or by sending an e-mail (e-mail to διεύθυνση:MSOMALAKIDIS@GMAIL.COM). In particular, the Customer has the above right to return a product purchased from the online store without stating the reasons, subject to the following terms and conditions:

• (a) Within fourteen (14) calendar days from the date of conclusion of the service contract (in the case of services) or from the delivery (in the case of products) or collection (when the Customer has chosen “collection from the shop”) and in the case of several goods ordered by the Customer in one order and delivered separately from the time of collection of the last one, the Customer is entitled to withdraw from the sale (here in after referred to as “Withdrawal“).
• (b) This withdrawal is unjustified and the Customer must return the product exactly in the perfect condition in which it was received. In particular, the returned product must not have been used, must be in perfect condition (“as new”), exactly as before its sale, in its complete original packaging (box, nylon, foam, etc.) which must not have any tears or damage/alterations) and with all the contents of the original packaging (instruction sheets, features and warranties, connection cables, installation software, etc.). In addition, in order to accept the return of the product, the original purchase document (retail receipt, invoice) must be presented by the person who originally purchased the product and whose details are reflected in the purchase document.
• (c) The return of the item is accepted only if the Customer has previously paid any amount charged by the COMPANY for the shipment of the product to him and the shipping costs for its return.
• (d) Following the declaration of withdrawal, the COMPANY is obliged to refund to the Customer the price received. In the case of charging the Client by credit card, the COMPANY, if it has received the price from the Bank, will be obliged to inform the Bank of the cancellation of the transaction and the Bank will take all the necessary actions. Following such notification, the COMPANY shall bear no responsibility for the time and manner of execution of the counterclaim, regulated by the contract concluded between the issuing bank and the Client. In case the Customer had chosen the option “collection from the branch”, the refund to him will be made at the COMPANY’s Branch.
• (e) The refund of the price due to withdrawal to the Customer will be made no later than within fourteen (14) working days from the time that COMPANY has received proven knowledge of the withdrawal.
• (f) The Customer is liable to compensate the COMPANY, if it has made use other than that which is necessary to ascertain the nature, characteristics and function of the goods in the period until the declaration of withdrawal, and the COMPANY is entitled to agree with the Customer on its compensation even with mutual set-off.
• (g) Product that was sold with an additional gift (e.g. free transformer, etc.) must be returned together with the additional gift, otherwise the value of the gift will be deducted from the refunded amount.

The right of withdrawal pursuant to article 4 § 10 of Act No. 2251/1994 does not apply:

• In cases where the price of the goods has been paid in a physical shop and, in addition, the goods have been received by the physical shop, as the sale is not considered to have been made at a distance.
• Products which are not suitable for return, for health protection or hygiene reasons, and which have been unsealed after delivery.
• Products that have been used, e.g. personalised with the registration of the device.
• Sealed audio documents or sealed video documents or sealed computer software, unsealed after delivery and in particular: a) CDs, b) DVDs, c) books, d) open source software and games, e) products missing the serial number.
• In cases of supplying digital content not provided on a physical medium, if the performance started with the prior express consent of the Customer and the confirmation by the Customer that he/she loses the right of withdrawal.

The Assignment of par. 10 of this Article does not apply to defective products or products lacking the agreed quality, which are covered by their respective guarantees.

9.1. Seller’s liability for actual defects or lack of agreed properties

In case of liability of COMPANY for an actual defect or lack of agreed quality of the product (“legal guarantee”), the Customer is entitled at his choice: a) to demand, without charge, the correction or replacement of the product with another, unless such an action is impossible or requires disproportionate costs, b) to request a reduction of the price or c) to withdraw from the sales contract, unless it is a minor actual defect. For a property to be considered agreed, it must be agreed in writing. If the Customer chooses to correct or replace the product, the COMPANY must carry out the correction or replacement in a reasonable time. The above statutory rights of the Customer (AC 540) shall expire after two years for mobile products. In any case that the Customer finds a defect, he/she can contact the online store immediately after delivery on the same day or the next working day at 210 0080386 or email msomalakidis@gmail.com. If a product is declared as defective by the Customer, the COMPANY expressly reserves the right for the prior diagnosis of the product as defective by competent technicians. Limitation of liability: COMPANY does not provide any warranty or guarantee protection for the suitability of the product sold for any particular purpose.

9.2. Supplier’s Liability and Warranty

New products with a long life (“consumer durables”) must be accompanied by a written guarantee (“commercial guarantee”) from the manufacturer of the product or the company that imported the product into the EU or the company posing as the manufacturer (“Supplier”). The main terms of the commercial guarantee are as follows:

Contracts through the e-shop are governed by European and Greek law, in particular by the legislation regulating issues related to e-commerce, distance selling and consumer protection. Similarly, the site has been created and is controlled by the COMPANY in Athens and Greek Law will guide the use of the site and its interpretation. If the User chooses to access the site from another country, it is the User’s responsibility to follow the Laws of that country. Any dispute arising from the contractual relationship between the COMPANY and the Client, the competent courts of Athens are responsible for its resolution. For the out-of-court settlement of the dispute, the Customer may address the competent bodies for the out-of-court settlement of consumer disputes, e.g. the General Secretariat for Consumer Affairs of the Ministry of Development and Competitiveness (Pl. Kanigos, 10181, Athens, www.efpolis.gr, tel.:1520, fax:2103843549), the Consumer Advocate (www.synigoroskatanaloti.gr, 144 Alexandras Street, 114 71, Athens, tel.:2106460734, fax:2106460414), the Consumer Dispute Resolution Committees (Article 11 of Law 2251 /1994) located in the local municipalities of the country. The protection afforded by the provisions of the Distance Contracts Act, as well as the present terms, is underlined as applying only to transactions with natural persons who are dealing for reasons that do not fall within the scope of their commercial, craft, business or liberal professional activity. If any part of the contract of sale under these conditions is found to be invalid or unenforceable by a court decision, the remainder of the contract shall continue to be valid. The COMPANY may enter into an agreement to delegate its obligations to a suitable third party. Otherwise, the Customer shall not be entitled to assign or transfer its rights or obligations. All notifications must be made in writing (by hand, email, fax or letter by first class post, which shall be deemed to have been delivered 48 hours after posting).

The present terms have the status of information under clause 3b of Law 2251/1994.