TERMS
The Company – We: the sole proprietorship with the name “Nikolaos Miaoulis”, which is the exclusive owner of the Website and all of its content. The User – You: any person who registers on the electronic platform of the Website and acquires an account for the use of the offered services.
Website: the Website https://asmathoume.gr, which, as well as all of its content, is fully and exclusively owned by the company under the name “Nikolaos Miaoulis”.
APPLICATION
The present Terms and Conditions apply to the purchase of the services offered by the Company through the web platform of the Website after the User’s registration and acquisition of an account.
SERVICES
The Company provides, through the use of the web platform of the Website, educational services and in particular distance teaching through synchronized tele-education to students and adults (live streaming, private lessons), watching video lessons and summaries of the curriculum, as well as relevant examples, solving exercises, presentation of question and answer sessions on common questions asked by students, distance learning courses for professional training via synchronised tele-education for professionals (live streaming of specific courses) and live broadcasting of training seminars and conferences. Details of the individual services provided can be found on the company’s website.
SIGN UP
Any interested visitor to the Website can be and become a user by registering and creating a personal account. In order to complete the registration, in the context of transaction security, it is necessary to enter the email address and username.
In the case of the creation of an account by a minor User, it is necessary to create an account by the person having parental care or guardianship in order to provide the requested services. This information remains strictly confidential. In the section PROTECTION OF PERSONAL DATA, a more detailed description is provided for the processing of the above information and its purpose and the possibilities to access it, control, change, limit and delete it.
BUY. SUBMISSION AND ACCEPTANCE
Submitting an electronic order The purchase of services is carried out by completing the special Purchase Form available on the Website. The purchase of services can be made by any adult User (hereinafter “Customer”), who is interested either himself or as having parental care or guardianship of a minor/s in acquiring the educational services provided through the Website. Before submitting the order (checkout), the Customer receives, through a special link, knowledge of the present terms and conditions concerning the provision of the services he wishes to acquire and then chooses to activate the relevant icon (indicator) “I have read and accept the Terms and Conditions”. With this marking, the Customer expressly and unreservedly declares that before submitting his order he received knowledge in a clear and comprehensible manner regarding:
a) the main characteristics of the services, to the extent appropriate in relation to the medium and the services. The main features of the services are described in detail on the description page of each service for sale. The Customer must check every relevant feature, before submitting his order, so as not to have any doubts about the features and qualities of the services. The Company provides a description and relevant samples on the website of each service – educational material/program, in order for the Customer to check whether it is to his liking. The Company bears no responsibility in the event that the Customer failed to be sufficiently informed about the above,
b) the identity of the Company,
c) the geographical address where the Company is established, its telephone number, fax number and e-mail address,
d) the total price of the services, including VAT. and any other fees, as well as all additional shipping, delivery or postal charges and any other expenses,
e) the cost of using the means of distance communication for the conclusion of the contract, when this is calculated on a basis other than the basic tariffs,
f) the arrangements for payment, execution, the deadline within which the Company undertakes to provide the services,
g) the policy applied by the Company for dealing with complaints,
h) where there is a right of withdrawal, the conditions, the deadline and the procedures for exercising the right, in accordance with article 3g paragraph 1 of Law 2251/1994,
i) the commitment of the Customer to pay the reasonable costs to the supplier in accordance with article 3i paragraph 3 of Law 2251/1994, in case he has exercised the right of withdrawal after having made use of the possibility of Article 3d paragraph 8 of Law 2251 /1994, i.e. he has requested the start of the provision of services while the withdrawal period lasts,
j) when no right of withdrawal is provided, the information that the Customer will not have a right of withdrawal or, as the case may be, the circumstances under which the Customer loses the right of withdrawal,
k) the existence of the Company’s responsibility for actual defects, lack of contracted properties and culpable inability to provide,
l) where applicable, the existence and terms of application of customer support and service services after the conclusion of the contract,
m) the duration of the contract, where applicable, or, if the contract is open-ended or automatically extended, the conditions for the termination of the contract,
o) where applicable, the minimum duration of the Customer’s obligations under the contract,
p) where applicable, the existence and terms of depositing money or other financial guarantees to be paid or provided by the Customer whenever the Company requests it,
q) where applicable, the functionality of the digital content, together with the applicable technical protection measures,
r) where applicable, any standard interoperability of digital content with hardware and software of which the Company has knowledge or can reasonably be expected to have knowledge,
s) where applicable, the possibility of recourse to an out-of-court complaint and redress mechanism to which the Company belongs, as well as the ways of accessing it.
ii) the customer loses the right to compensation for any active subscription he has made, when he chooses “Delete Account” or “Delete Student Profile” before the end of the subscription.
The sending of the order to the Company constitutes a proposal to enter into a contract for the provision of the ordered services and a declaration of acceptance of all the charges described in the order. If there is no notification or acceptance, the Customer is entitled to a refund of this payment. Confirmation of Receipt of Electronic Order – Drafting of Contract
The order is not binding on the Company until the Customer receives confirmation of acceptance of the order by the Company, as described below. The order is considered received by the Company from the moment the Customer receives a relevant update of the order status marked “Order Registration Confirmation”. Order status updates are displayed on the Customer’s screen and sent by email to the email address registered by the Customer. The status of the order is constantly updated as and when changes occur during the management of the order.
The Customer must check the “Order Registration Confirmation” and immediately inform the Company (at the latest within 2 hours from the time of receiving an electronic notification marked “Order Registration”) in writing of any error, otherwise the information mentioned in ” Order Entry Confirmation’ will apply to the contract. During the processing of each registered order, the availability of the necessary means and infrastructure for the execution of the order is confirmed in order to confirm the possibility of carrying out the contract and the consequent provision of the services as planned. In particular, the Company and if it establishes the availability of the above and the absence of any errors in the online store regarding the pricing or the price of the services, their characteristics, etc. with an electronic message (email) will confirm the acceptance of the order. In the above e-mail, the content of the order, the total price, and information on the next steps will be provided in order for the Customer to have access to the services he purchased.
The order is considered binding and the contract is considered to have been drawn up and creates claims of the contracting parties (Customer – Company) only by sending and receiving the above email with the indication/subject “Your order has been completed”.
The status of the order is constantly updated, as and when changes occur during the management of the Customer’s order. The Customer is obliged to check the status of his order and to inform the Company immediately in writing of any error in the order, otherwise the details stated in the Order Receipt Confirmation will be applied to the sales contract.
The Customer also has the possibility to be informed about the progress of his order, either by phone (tel: 2100109354) or by sending an electronic message (e-mail to the electronic address: [email protected]
Limitations of Liability
In the context of good faith and commercial ethics, the Company is not obliged to accept an order and conclude a contract, which, due to a typographical or computer error, appear in the online store with an incorrect price, i.e. lower or higher than the one valid for the period in question . In case of incorrect provision of unsolicited services, their unconditional use or failure to inform the Company cannot be considered as consent, acceptance or declaration of intent to enter into a contract for the provision of these services. In the event that the Company requests the cessation of the use of said services and the Customer fails to do so for a period longer than seven (7) calendar days, then this failure constitutes a declaration of intent to purchase the services, the order is considered to have been confirmed and the contract has been concluded and the Customer must pay their value.
PAYMENT
The Customer discounts the purchase price of the services either by bank transfer to the Company’s accounts (IBAN GR3901108790000087900167138:) or by using cash on delivery through the relevant payment platform of the Website.
RIGHT OF WITHDRAWAL.
The Customer in accordance with the provisions of article -4- paragraph 10 of Law 2251/1994, as currently in force, has the right to return within 14 days of delivery, counting from the next day of purchase of the product/service, with written notification of his request to the Company ([email protected]). Subsequently, the Company will return to the Customer the money corresponding to the value of the product/service upon communication and consultation with the Customer. After the expiry of the above deadline, the beneficiary of the product/service is not entitled to exercise the right of withdrawal and the Company no longer has any relevant obligation towards the latter.
Where withdrawal concerns the provision of services, the Customer shall pay an amount proportional to the services provided up to the date of withdrawal.
The right of withdrawal pursuant to Article 4 § 10 of Act No. 2251/1994 does not apply:
In cases of supply of digital content not provided on a physical medium, if the performance has started with the prior express consent of the Customer and the Customer’s confirmation that he/she loses the right of withdrawal.
Separate terms and conditions apply to special offers:
After fourteen (14) calendar days from the expiration date of the offer, the Company will not proceed with any cancellation or credit for future purchases on any offer.
RESPONSIBILITY OF THE COMPANY
In case of liability of the Company due to default or inability to provide, the relevant provisions of the Civil Code shall apply (335 et seq.). in case of force majeure and therefore the Company is entitled to an extension of time for execution. Examples include strikes, cyber-attacks, long-term power outages, acts of terrorism, war, supplier / transportation / production problems, currency fluctuations, governmental or legislative acts and natural disasters.
If such incidents last more than two (2) months, the sales contract may be terminated by either party without compensation. If the Customer considers 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 return to him the price as well as any other amount paid under the sales contract.
In any case where the Customer finds a defect in the provision of the services or has a related complaint, he has the possibility to contact the Company on any working day for the duration of the contract at 2100109354 or at the email [email protected]. The Company expressly reserves the right for the earlier diagnosis of deficiencies or faults.
FINAL PROVISIONS
The duration of the service contract is identical to the intended period of time for the provision of each service, as presented on the website describing each service/educational program. Contracts through the online store are governed by European and Greek Law, in particular by the legislation regulating issues related to the conclusion of distance contracts. Similarly, the Website is created and controlled by the Company in Athens and Greek Law governs its use and the interpretation of the relevant terms.
If the User chooses to access the website from another country, he is responsible for following the Laws of that country. In order to resolve any dispute that arises, which stems from the contractual relationship between the Company and the Customer, an attempt will be made to reach an amicable settlement through negotiations. In case of non-success, the competent Courts of Athens are responsible for its resolution. For the out-of-court resolution of the dispute, the Customer can refer to the competent bodies for the out-of-court settlement of consumer disputes, e.g. to the General Consumer Secretariat of the Ministry of Economy (Pl. Kaningos, 10181, Athens, www.efpolis.gr, tel.: 1520, fax: 2103843549), to the Consumer Advocate (www.synigoroskatanaloti.gr, 144 Alexandras Street, 114 71 , Athens, tel.: 2106460734, fax: 2106460414), to the Committees for Friendly Settlement of consumer disputes (article 11 of Law 2251/1994) which are based in the local Municipalities of the country.
According to the Directive 2013/11/EC, which was incorporated into the Greek legislation with the KYA 70330/2015, the possibility of electronic resolution of consumer disputes with the Alternative Dispute Resolution process is now foreseen throughout the European Union. If the Customer has a problem with a purchase he made from the Online Store and resides in the EU, he can use this website https://webgate.ec.europa.eu/odr/main/?event=main.home.show for an out-of-court settlement of the difference. The Alternative Dispute Resolution Body (ADR) certified for this purpose is: European Customer Center Greece (ECC GREECE), Alexandras Avenue no. 144, 11 471, Athens, +30 2106460284 +30 2106460784 [email protected].
The Customer can contact the above body in order to guide him throughout the process of submitting and processing his complaint. The protection afforded by the provisions of the Distance Contracts Act, as well as the present terms, is underlined, that it applies to transactions only with natural persons, who transact for reasons that do not fall within their commercial, craft, business or independent profession activity.
If any part of the contract of sale under these terms is found to be invalid or unenforceable by court order, the remainder of the contract will continue in effect. The Company may enter into an agreement for the delegation of its obligations to a suitable third party.
Otherwise, the Customer will not be entitled to assign or transfer its rights or obligations. All notifications must be made in writing (by hand, by e-mail, fax or letter by first class mail or courier, which will be considered delivered 48 hours after it is posted). 2251/1994.
By activating the relevant icon (indicator) “I have read and accept the Terms and Conditions”, the Customer declares that he is an adult and has full legal capacity.
The Customer has become aware that he loses the right of withdrawal after acquiring the digital content services from the Company and gives his consent by choosing to activate the relevant icon (indicator) “I have read and accept the Terms and Conditions”.
The Customer requests the initiation during the withdrawal period of the provision of services by selecting the activation of the relevant icon (indicator) “I have read and accept the Terms and Conditions”.
Sample Withdrawal Request
(fill in according to the instructions of Section A’ of the Annex of the KYA YA Z1-891/2013 (Government Gazette B 2144/30.8.2013) and return this form only if you wish to withdraw from the contract) – To [the supplier must write here his name, geographic address and, if available, his fax number and e-mail address]
I/We hereby notify () that I/we withdraw () from my/our () contract to sell the following goods ()/provide the following service (*)
- Ordered on ()/received on ()
- Name of Customer(s)
- Address of Customer(s)
- Signature of Client(s) (only if this form is shared on paper)
- Date