TERMS & CONDITIONS

IMPORTANT LEGAL INFORMATION

Please read the following terms and conditions of use carefully. These terms govern the use of the website https://www.atmoslab.com and services offered through same. They constitute a binding agreement between you and us.

You must be at least 18 years of age and be fully capable of acting legally and agreeing to these terms of use under the laws within your jurisdiction.

TERMS AND CONDITIONS OF USE

  1. Acceptance of Terms of Use

These Terms and Conditions of Use (hereinafter "Terms of Use") are a binding agreement between you and the company registered as " PANAGIOTIS I. PANAGIOTOPOULOS & CO LP" and trading as "ATMOS LAB," seated in Peristeri, Attica, at 5 Voriou Epirou Str.,PC-12133, Tel.+30 210 5069250 & fax +30 211 8007280, Tax Identification Number 800699090, Athens Tax Office for Commercial Companies, General Electronic Commercial Registry (GEMI) no. 137124601000 (hereinafter  "we", "us", "our" or the "Company") and govern the use of the www.atmoslab.com  website (hereinafter the "Website"), as well as the contents, products and services provided through the Website (which together with the website shall collectively be referred as the "Services", and with reference to products offered by the e-shop, shall be referred to individually as the "Products") and the content of the Company's online shop as featured on the website (hereinafter the "e-shop"). By accessing, viewing or using any of the Services, you are declaring and attesting that you are at least 18 years of age and fully capable of acting legally within your own jurisdiction to agree to and be bound by these Terms of Use and to be subject to them. In conjunction with the above, you also declare and attest that you have the right and the authority to agree to and be bound by these Terms of Use.

If you do not agree with the Terms of Use, you should not click to accept or otherwise agree with these Terms of Use, and you should immediately leave the Website and not access nor enter it or use it or any of its Services. You agree to sign a non-electronic form of these Terms of Use, should we request that you do so.

Please print out and retain a copy of these Terms of Use for your records.

  1. Lawful use

"Lawful use" of our Services implies the unconditional acceptance of these Terms of Use and, upon your use of these Services, your compliance with current Greek law governing such transactions, as well as any other applicable legislation. The acceptance of the terms hereof in no way constitutes any type of work agreement or relationship or cooperation with us. In case any of these Terms of Use are violated, we reserve the right to exclude or delete you from the Website and its Services at any time.

  1. Changes in the Terms of Use and Services

The Terms of Use may be amended or changed by us at our discretion and at any time, with or without notice. The date that these Terms of Use were last updated is stated at the beginning of this page. Continued access or use of the Website, or any other services, following such changes will be considered unconditional acceptance of these changes. We also reserve the right, at our own discretion, to amend, suspend or discontinue any or all of the Services, at any time, with or without notice. We ask that you visit this page from time to time to ensure you are informed about the most recent version of these Terms of Use.

  1. Personal Data Protection Policy

We are committed to protecting the confidentiality of the personal data you provide through the Website. The personal data submitted through the Website are subject to the Privacy Policy which is published on the Website and has been incorporated here via link. Please read our Privacy Policy for insight into our practices regarding respect for your personal data. The date the Privacy Policy was last updated is noted at the top of the Privacy Policy   section on our Website. We do not knowingly collect personal information from persons under 18 years of age.

  1. E-shop

5.1 The Company's products are distributed on a retail basis through the e-shop in accordance with these Terms of Use and the above-mentioned Privacy Policy, which is an integral part of these Terms of Use.  

5.2 Information & products provided

The Company is bound to provide qualitative, complete and timely information on its Website, both with regard to the accuracy of information posted there, and the services and products provided by the e-shop, without prejudice: a) to possible technical or typographical errors which cannot be anticipated, or which have occurred unintentionally, or b) the discontinued operation of the Website due to circumstances beyond the Company's control.

5.3 Limited liability

The Company:

  • Fully complies with the provisions of the Civil Code regarding sales, and the provisions of Law2251/1994 regarding Consumer Protection, as amended and in force.

(b) Cannot guarantee the availability of products, but it does guarantee to provide timely information regarding unavailability.

(c) Provides the contents (e.g. information, names, photographs, depictions, documents and announcements), the Products and Services in general "as is", with no guarantee whatsoever, either express or implied (without prejudice to specific stipulations in these Terms of Use and the provisions of the mandatory law applicable to them).

(d) Is not liable for any technical problems that may arise for you when you attempt to access the Website and the e-shop and while having access to them which are related to the operation or compatibility of their infrastructure with the use of the Website.

(e) Is not liable or bound by potential errors in specifications, photographs or prices of Products listed in the e-shop and cannot guarantee that there will be no errors resulting from any cause upon entering and/or updating such specifications and/or the price of a Product.

(f) Is not liable for any legal, civil and/or criminal claims nor for any damages (material, specific or consequential, which may include but are not limited to, alternatively and/or cumulatively, loss of profits, data, loss of earnings, financial compensation, moral damage, etc.) suffered by visitors to the Website or third parties due to a cause related to the operation or lack thereof and/or the use of the Website and/or due to inability to provide services and/or information offered through the Website and/or due to prohibited interventions by third parties to products and/or services and/or information available there.

5.4. Personal data

5.4.1 In order to use the e-shop, it is necessary for you to provide certain personal information. To place an order, you will be asked your full name and address, the address to which you wish to have the products sent, your telephone number and your e-mail address, among other things, and in the event, you elect to pay by credit card, you will need to provide the card number, date of expiry and security code. By entering your e-mail address, you agree that all information sent to you as part of filling your order may also be sent to the provided e-mail address.

5.4.2 For more information regarding how we are using cookies, the data we collect, how and why we are using your personal data, as well as under which circumstances we will reveal your personal data, please read our Privacy Policy which is incorporated herein via link and forms an integral part of the present Terms of Use.

5.4.3 In order to complete your order, we will ask your permission for the collection, use and storage of your personal data in accordance with our Privacy Policy.

5.5 Orders - Product Purchase

5.5.1 When you enter into a purchase agreement with the Company: During the purchase and completion of each order, you will be guided step by step by the automated instructions of the system. Each order is filed on our databases for as long as it is deemed necessary for the execution of the purchase agreement, unless it is otherwise provided by law or you have given us permission to further process the personal data you communicate to us. Once the order has been completed, you will receive an e-mail (in the language you chose when placing your order) verifying that your order has been received by us. From this point onward, you enter into a purchase agreement with the Company. We also retain the right to communicate with you by telephone to confirm the order if it is deemed necessary. Before the order is completed, you will be able to review your order and amend it.

5.5.2 All orders are subject to approval by the Company. The Company may decline your order at its own discretion. Your order may be declined indicatively for the following reasons:

(a) If the Products that appear on the Website are no longer available.

(b) If your payment is not approved by the bank.

(c) If shipping restrictions apply.

(d) If there are errors on the Website, such as price or description errors.

Once you place your order, we shall send you an e-mail message confirming safe receipt of your order, indicating your order number and the details of the Products ordered.

5.5.3 Limitations of liability in case of incorrect price or erroneous dispatch: 

(a) As part of trading in good faith and fair dealing, the Company is not obliged to accept an order and agree to the sale of Products which as a result of typographical or computer error appear in the e-shop with the incorrect price, namely smaller or greater than the price in effect at the given time. In the event that such an error occurs in relation to an order but affects only part of the ordered Products, the order will remain in effect and will be filled normally with the other Products and will be considered incomplete with regard to the Products which were in error. However, in the event the products included in the order are related, are intended to be used as a whole and function as a unit and you inform us that partially filling the order does not serve your needs or interests, the Company is obliged to cancel the entire order.

(b)  In the event of erroneous dispatch of unsolicited Products, their unconditional acceptance or failure to inform the Company and return the Products cannot be regarded as consent, agreement or declaration of intent to purchase them. If the Company asks you to return the Products (as described in detail in article 5.6.1) and you delay doing so for a period greater than seven (7) calendar days, your refusal to comply will constitute intent to purchase the Products, the order will be considered verified and you will be obliged to pay for them. 

5.6 Product & Replacements

5.6.1 Product returns in the event of erroneous dispatch of unsolicited Products

In the event you elect to return the Product, even though you did not order it, within the stipulated period of seven (7) calendar days from the day the Company asked you to return the Product, the Product must be in excellent condition, unused and with its packaging intact; it should not have been unsealed or tampered with. In such cases, the Company will assume the cost of returning the Product to its own premises/flaghship store and the shipping cost to replace the Product, on the condition that you return the Products to us in the same manner and with the same shipping company as when you initially received them. In the event you unseal the Product or damage its packaging without due cause, or if the product has been used or is not in the perfect condition in which it was originally delivered, the Company reserves the right not to accept its return (and in that case you are obliged to pay the price for that Product) and not assume the costs as above, or to ask that you refund these costs if the Company has already paid them.

5.6.2 Exception of returns

The following items cannot be returned under any circumstances, period. 

E-Liquid– This class of Products expressly and without exception includes the e-cigarette liquid refills, the return of which the Company will not accept once they have been delivered to you. Flavor of liquid is subjective based on individuals who are using it. Returning these items would be unsanitary for our facility.

5.6.3 Refund

(a) Once the Company receives the Product to be returned and the designated department of the Company confirms that all the conditions set out in article 5.6.1 are fulfilled, you will receive a refund within thirty (30) business days as described below in detail.

(b) In the event of Product returns under the terms of article 5.6.1 you will be notified via e-mail for your refund as follows: if payment has been made either by PayPal or by credit card as below in Article 5.10, the money will be credited to the debit/credit card you used during the transaction.

5.6.4 Order Cancelation

Unfortunately, we cannot make changes to an order after the credit card has been charged. Please make sure to double check your order before completing the purchase! Otherwise, kindly note to contact with us via our email in less than 24hours, in order to cancel and refund your order, so you can re-do your purchase with the correct items you would like.

5.7 Supplier Liability

The Supplier is obliged to provide the consumer with clear and complete written instructions, in Greek or with internationally recognized symbols, on the safe use, safekeeping, maintenance and full use of the product and information regarding the risks related to its use and safekeeping.

5.8 Product Prices

The prices listed next to each Product as the final price include the applicable VAT. The prices do not include shipping costs. The total cost (including shipping costs) is verified upon completing the order. The Company reserves the right to issue and distribute electronic invoices in accordance with the applicable tax law and you agree to this form of invoicing.

5.9 Shipping - Product Availability - Delays

5.9.1 Delivery: The Company delivers Products outside Greece in accordance with the terms and conditions set out by the applicable legislation. Products will be delivered to the address you provide via one of the available delivery methods that you select during the ordering process. Provided the ordered Product is available in our warehouse, and there is no other reason requiring us to temporarily or permanently suspend the sale of a particular Product, every effort will be made to ship the order within 24-72 hours. In all cases, the Company is required to fulfil its contract within thirty (30) days at most from confirmation of the order; otherwise, you are entitled to withdraw from the contract of sale with us.

5.9.2 Delays: We will make every possible effort to execute your order within a reasonable time and within the limit stated above; however, your order may be delayed for the following reasons: (a)The Product you ordered has already been discontinued and is no longer available: In rare cases, a Product supplier announces suddenly and without warning that a Product is being discontinued. In such case, we will contact you immediately to provide you with alternatives. (b) In periods of extreme weather conditions or strikes, or any force majeure which may affect the transport and delivery of your order. (c) In the event that it is not possible to contact you either by telephone and/or e-mail (should a problem arise with regard to your order, either with the Product or with payment) because the information you entered is either incorrect or no longer valid.

5.9.3 Unavailability of part of the order: If only some of the Products ordered are unavailable, the remainder of the order is executed normally, unless the Products in the order are related and are intended to be used together as a unified whole and you state that partially filling the order does not serve your needs or interests, in which case the Company is obliged to cancel the entire order.

5.10 Payment Methods

For your convenience and to best serve you, the Company offers the following payment methods, which apply to Product deliveries outside Greece:

(a) Charge to your credit card

You can safely pay for your order through the system of “Alpha e-Commerce” of Alpha Bank SA, which will automatically redirect you to the aforementioned bank’s website. All the payments made using the card are processed through the electronic payment platform of “Alpha e-Commerce” of Alpha Bank and uses TLS 1.2 encryption protocol encryption with 128-bit (Secure Sockets Layer - SSL). Encryption is a way of coding the information until it reaches its recipient, who will be able to decode it using the appropriate key. We accept Visa, MasterCard, Maestro, American Express and Diners cards. The process of clearing your payment is undertaken by Alpha Bank SA, ensuring the absolute safety of your transactions. The Company neither collects nor stores any of the information related to your credit card. For this reason, you will have to enter the information anew each time you use your credit card for transactions through our Website. In the case of payment by credit card, all financial data you enter (for example, credit/debit card number or expiration date) will never be used by us for purposes other than those necessary to complete the transaction and fulfill the purchase agreement or the refund in the event of return of Products and provided that you have exercised your relative right to cancel the order, or when it is necessary to prevent or report fraud cases to us or to the competent authorities.

(b) PayPal

By selecting PayPal as a form of payment, you automatically transfer to PayPal's website to complete the transaction and repay the order.

PayPal can be used exclusively for transactions regarding Product delivery at your place and are not combined with other payment methods. Transactions through PayPal are governed by the PayPal Terms & Conditions.

5.11 Minors - Pregnancy - Proper Use

5.11.1 All of the products sold through the e-shop are aimed at persons over the age of 18. The Company reserves the right to cancel any order immediately and without warning if it ascertains that the order has been placed by someone who is not legally entitled or is under the age of eighteen (18).

5.11.2 The e-cigarette is not recommended for persons under the age of eighteen (18), for women who are pregnant or breastfeeding, or persons with respiratory problems. It is also not recommended for persons with serious health problems unless they first consult their doctor.

5.11.3 The Company does not encourage the use of nicotine. Anyone who is not already a smoker and addicted to nicotine should not buy our products.

5.11.4 Warning – Limitation of Liability

The Company is making every effort to contribute with its Products to reduce the harmful effects of smoking and to indicate that vaping could be a less harmful smoking habit. For this reason, the Company constantly invests in securing the production and distribution of high-quality products with scientific accreditation in the context of collaborations with research centers in Greece.

The Company’s e-liquid refills contain propylene glycol, vegetable glycerine and in some cases nicotine. Propylene glycol and vegetable glycerine are routinely used in various ways and are considered safe. Nicotine is an extremely toxic and addictive poison with harmful effects on the user's health. Users are free to choose to use e-liquid refills with nicotine and they are solely responsible for any negative effects of their use.

The Company’s Products are intended only for smokers over the age of 18 and in no way are they intended for use by non-smokers, children or pregnant women. Do not swallow e-liquid refills and avoid skin contact. Keep away from children and pets. The Company is not liable for improper use or abuse of its Products by you.

Do not forget that you use the Company's Products at your own risk. The Company does not provide any kind of guarantee or assurance that its Products are harmless to the human body and does not declare, advertise or imply that the use of its Products and generally vaping products present a reduced health risk or that such products are made available as a means of quitting smoking.

The information provided in the "Frequently Asked Questions" section of the Website stems from various researches and studies that have been conducted worldwide with regards to electronic cigarette. They do not constitute medical advice and should not be used as a substitute for medical guidance, counseling and diagnosis. Please do your personal research and seek advice from your doctor before you decide to use the Company's Products. The Company assumes no responsibility for any loss or damage caused as a direct or indirect consequence of the use or misuse of the information provided on this Website.

  1. Intellectual property rights

The content provided through Services, including, for example, the text, data, software, graphics, photographs, music, sounds, video, interactive functions, blogs, messages, comments, posts and other materials (hereinafter collectively the "Content") and the trademarks, service marks and logos included in these Services (hereinafter the "Marks") belong to us or have been licensed to us and are subject to copyrights and other intellectual property rights pursuant to applicable Greek, European and international legislation and in accordance with international laws and agreements. The entire Content is provided exclusively for your information and personal, non-commercial use. You agree not to use, copy or distribute any of the Content, except in the manner expressly permitted in these Terms of Use. If you download or print a copy of the Content for personal use, you should abide by the copyright and other notes regarding ownership contained there. You agree that you will not bypass, deactivate or in any way intervene in the specifications related to the security of Services, or specifications that prevent or limit the use or copying of any of the Content, or which impose limitations with regard to the use of Services or Content. We or our licensors retain all intellectual and industrial property rights to the Services and the Content, unless otherwise expressly stipulated here. You are not authorized to use any of the Marks.

  1. Code of Ethics and Conduct

You agree to use the Services in accordance with the following code of ethics and conduct of the Company:

(a) You shall keep all information provided to you through the Services private and confidential and will not give this information to any third party without the permission of the person providing it to you.

(b) You shall not use these Services to take part in any form of harassment or aggressive behavior which constitute or include but are not limited to downloading of communication images, recordings containing defamatory, slanderous or abusive content, defamatory statements, actions with racist, pornographic or obscene content, use of offensive language etc.

(c) You shall not forward chain e-mails through the Services.

(d) You shall not use the Services to violate the privacy rights, property rights or any other rights of any person.

(e) You shall not publish messages, images or recordings and/or shall not provide information nor use the Services in any manner which:

  1. 1.Violates, or copies the rights of any third party, including but not limited to copyrights or trademarks, rights to protection of privacy and other private or property rights.
  2. 2.Is fraudulent or otherwise illegal or constitutes a violation of any applicable legislation.

(f) You shall not use the Services to distribute, promote or otherwise publicize advertising for any goods or services and in general for any advertising purposes.

(g) You shall not use the Services to distribute or upload any virus or malware of any type, or to do anything else that could harm the Services or us in any manner.

(h) You shall always use the Services in accordance with the law and applicable legislation. Minors are prohibited from using the Services.

(i) Responsibility for the accuracy of personal data and information lies solely with you as the provider since the Website functions only as a means of presenting and publishing such information and does not process it.

(j) The data and information you provide and publish:

  1. 1. Must not be false, inaccurate or misleading.
  2. 2. Should not directly or indirectly lead to the deception of third parties.
  3. 3. Should not be contrary to the provisions of Greek and European legislation and in general any applicable legislation, including provisions related to matters of consumer protection, unfair competition, discrimination or misleading advertising, protection of intellectual or industrial property, trade secrets or right to privacy.
  4. 4. Must not contain viruses, Trojans, worms, time bombs or cancel bots, or any other programming code that could cause intentional harm or cause loss of data from computers belonging to members/visitors or the system in general and should also not lead to loss of resources or Services or Website functions.

(k) To ensure the proper use of information you provide and to avoid potential violations related to this content, it is agreed that we shall be fully authorized to control and use this information. We are bound to use this information in accordance with these Terms of Use.

(l) Access and use of the Services of the Website must comply with these Terms of Use. The use of any method to track this Website or copying all or part of its operating mechanism or its content without our prior written authorization is prohibited. In particular, the use of any program or other method of intervening in the Website's operating mechanism or in any entry contained therein is prohibited. Also prohibited is any action that would burden or abuse the Website's search engine and technological infrastructure. It is also forbidden to copy, modify, paraphrase or republish the contents of the Website without our prior written authorization.

  1. Tracking of Services and Advertising

We reserve the right to use, at our own discretion, third-part advertising companies, such as but not limited to Facebook, Yahoo!, Google and Microsoft, to display personalized adverts when you visit our Website, provided it is permitted under applicable law. These companies can use information related to your interests to provide personalized adverts for goods and services that may interest you. We reserve the right to track all advertising, public announcements and posted messages to ensure that these comply with content guidelines we have provided, and which can change at any time. For more information about the information we or third parties collect when using the Website and about how we use this information, please refer to the Company's Privacy Policy, which is published on the Website and forms an integral part of the present Terms of Use.

  1. External Links

Our Services may include links to other websites (hereinafter "Links"). You acknowledge that we are not liable for these Links and we are not responsible for the availability of links or their content. We suggest you read the terms of use and privacy statements of these Links before using them.

  1. Non-commercial use

These Services are provided for personal, non-commercial use. You are not entitled to and are prohibited from advertising or inciting any user to purchase or sell any products or services through these Services. You are also prohibited from sending and transmitting chain e-mails, junk or spam e-mail to other users. In addition, you shall not use the information received from the Services to contact, advertise to, incite or sell to any user or member without their prior express consent. If you violate the terms of this paragraph and/or send or publish spam or engage in other unsolicited communication of any kind through the Services, we reserve all rights, claims and cause for action that we may be granted under the law or otherwise, including but not limited to the right to seek legal remedies for all spam messages you send through the Services.

  1. Newsletters - Advertising/Information Bulletins

The Company enables visitors/users of the Website to choose to be informed about new products, special offers, stores, contests, etc. by receiving newsletters to their e-mail or postal address or by telephone. These newsletters are the intellectual property of the Company and as such are protected by the pertinent provisions of Greek legislation and international agreements. The Company may retain a record of recipient e-mail addresses (that gave their consent) to send other messages of an informational or financial nature. The Company shall not abuse the aforementioned service. In the event you do not wish to receive informational messages, you have the option of unsubscribing, following the instructions contained in the newsletter or text you receive. The use of your e-mail address for communication related to your orders does not fall under the definition of informational materials in the present context. For more information about the information we or third parties collect when using the Website and about how we use this information, please refer to the Company's Privacy Policy, which is published on the Website and forms an integral part of the present Terms of Use.

  1. Compensation

You agree to compensate us for any loss, damage, claim or demand by a third party or expenses (including reasonable lawyers' fees) due to or resulting from the improper use of Services or any violation of these Terms of Use.

  1. Applicable Law - Disputes

13.1 The laws of Greece shall apply in resolving any disputes that may arise when applying these Terms of Use, either while in effect or after their termination, and including disputes over validity, interpretation or execution of these Terms. The courts of Athens shall have exclusive jurisdiction over any aforementioned dispute, including trials regarding enforcement proceedings, injunctions, differences on debt securities, and others. 

13.2 For the extra-judicial settlement of any dispute arising when applying these Terms of Use, you can contact the competent bodies for extra-judicial settlement of consumer disputes, as indicatively indicated herein: General Secretariat of Consumers (Kaniggos square, 10181, Athens, www.efpolis.gr, tel.:1520, fax:2103843549), Hellenic Consumers’ Ombudsman (144 Alexandras ave., 114 71, Athens, www.synigoroskatanaloti.gr, tel.:2106460734, fax:2106460414), Committees for the friendly settlement of consumers’ disputes, (article 11 of the Law 2251/1994), located in the local municipalities of Greece.

13.3 We hereby inform you that, according to the 2013/11/ΕU Directive, which was incorporated into the Greek legislation through the 70330/2015 Joint Ministerial Decision, it is now possible to resolve any consumer disputes electronically, through the Alternative Dispute Resolution procedure, which is applied in the European Union as a whole. If you have a problem with a purchase that you made from the E-Shop and you are an EU resident you can use this site: https://webgate.ec.europa.eu/odr/main/?event=main.home.show  for the online out-of-Court settlement of the dispute. The Certified Body in Greece for this Alternate Dispute Resolution (ADR) is the European Consumer Centre in Greece (ECC GREECE), 144 Alexandras ave., 11 471, Athens, tel.: +30 2106460284, +30 2106460784, . You may contact the European Consumer Centre in Greece (ECC GREECE) to guide you throughout the process of submitting and processing your complaint. However, we inform you that we are not bound by - and we are obliged to follow - the Alternative Dispute Resolution (ADR) procedure. 

  1. Choice of Language - Notifications

All written notices, reports and statements must be written in English or Greek and be transmitted: a) by us to you via e-mail to the address you entered upon registration or which you provided later (in the event the initial address changes) b) by you to us via e-mail at  or by registered post or other dispatch service (courier) and proof of receipt to the address listed at the top of these Terms of Use, or to another address stipulated by us. It is expressly stated that deliveries made to the above addresses will be valid.

  1. Partial Invalidity and Replacement of Valid Provisions

In the event that any of the provisions contained herein may be interpreted in more than one way, one of which may render the provision invalid, liable to be declared null and void or unenforceable, such provision will be interpreted in such a way as to render it valid and enforceable. In the event that any court or public authority determines that a provision herein is unenforceable due to the way it is written, or worded, such provision will be amended to render it enforceable to the maximum degree possible under the laws and provisions of the jurisdiction within which its enforcement is being sought, ensuring it provides the parties the same basic rights and has equal force as it did before its amendment.

  1. Waiver

It is not assumed that the contracting parties have been exempted from or have waived rights, powers or obligations pursuant to these Terms of Use simply because they have employed practices contrary to the Terms contained here, or due to omission or neglect on their part to exercise any right according with the Terms or to insist on full compliance of the counterparty with these obligations. Even the long-term tolerance of violations of this agreement by the counterparty in no way implies or supports the waiving or lapse of these rights.

  1. Binding nature

These Terms of Use are legally binding on the contracting parties, as well as on the respective executors, administrators, depositories, beneficiaries and their successors.

 

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