Terms & Conditions

ONLINE STORE’s TERMS OF USE – GENERAL TERMS AND CONDITIONS OF SALE

1. The Company – The Online Store

The present terms govern the sale of products and services by the Sole Proprietorship under the corporate name “Mirketa Vidali” and the distinctive title “NoThinkin” (hereinafter called the «Company», «We», «Us»), with registered seat at 67 Daskaroli Street, Glyfada, Athens-Greece and telephone number +30 213 0449422 (GEMI No. 134056103000) , e-mail: [email protected], Tax Registration No. 142940423 – / Tax Office: Glyfada.

The Company provides you with general information material on its corporate identity, its products and its activities through its web site www.nothinkin.com (hereinafter referred to as the “Online Store”). At the same time, this website is a major means of communication of the Company via the Internet to the public of its products. The Company operates in the field of e-commerce and specifically trades and sells to consumers clothing, footwear and accessories (women’s, men’s and children’s), and other related items (hereafter the “Goods”); supplied by third parties/suppliers. The Online Store belongs to the Company, which is the administrator of the Online Store. The Company hereby declares that the Online Store operates legally, in accordance with applicable law.

2. Online Store’s Users

2.1. Please read the present Terms of Use and General Terms of Sale  (including Privacy Policy) carefully before navigating to the Online Store and before making any Order and Purchase of Goods. By your subscription / use / visit and your access to the Online Store, you generally recognize and fully acknowledge that you have read, understood and agreed, without any reservation and/or condition to be bound by these Terms of Use – and Terms and Conditions of Sale. If you do not agree and do not accept these terms, you are required to abstain from using the Online Store and from any transaction with the Online Store. Your use of and browsing at the Online Store implies your explicit and unconditional acceptance of this Agreement and all of its terms.

2.2. Regardless of whether you are registered or not in the Online Store, you are considered as a user of the Online Store. You are considered a Registered User when you register with the Online Store in order to use the Company’s Services.

2.3. By accepting these Terms of Use and Terms of Sale you warrant that you are over 18 years of age and that you have legal capacity to be able to prepare and contribute under the applicable law. If you do not meet these requirements, you are prohibited from using our services; otherwise you are obliged to use our Services solely under the guidance of a parent or guardian in general. In this latter case, the Company reserves the right to claim from the supervisor or guardian liability regarding execution of relevant orders.

3. Reservations

3.1. Goods sold through the Online Store are solely for purchase and personal use. It is expressly forbidden to resell products purchased by the Company. Breach of this obligation creates liability for damages against you.

3.2. The Company makes every effort to ensure the quality, completeness and validity of the information provided in the Online Store, with the exception of any technical or typographical errors that cannot be foreseen or have occurred unintentionally or subject to interruptions of the Online Store for reasons beyond the sphere of control of the Company. The Company bears no responsibility whatsoever indicatively for reasons of force majeure, technical problems, non-internet coverage, overloading the Internet, disconnection of the Internet, non-sending or receiving messages due to lack of available space.

3.3. The Company in good faith is not liable and is not bound to any errors in features and photos of the Goods and reserves the right to correct any errors or to change or update the page at any time without prior notice. Given the nature of the Goods’ presentation on the internet and the various types of display and exposure used, the colors, fabrics and size displayed on the website may differ slightly from those of their actual nature. If the Good does not meet your expectations, you may return it to us in accordance with the Company’s return policy, which is set forth below under 12.

4. Your order

In order to make your order through the Online Store, you must (a) fill in a special order form with the necessary details for the conclusion of the sales contract and (b) accept (actively) the terms of the sales contract without reservation (the present terms of use and the privacy policy) with the electronic option “I accept the Terms of Use and the Privacy Policy” that will be provided to you from the website. All data sent by you to the Company for the accuracy and legality of which you are wholly responsible, as our Company only becomes aware of it through your statement, are subject to the strict maintained by the Company and collected and processed with complete security and diligence and only upon your written explicit consent to the present Terms of Use and Privacy Policy, actively granted as indicated above.

5.1. How to send your Order Request

5.1.1. You can navigate to the Online Store, freely select the Good/s of your choice from the Online Store and place it in your shopping cart. Then, following completion of your purchases through the “steps” indicated to you each time, you will send your order request to the Company by filling out all of your personal information requested in the corresponding registration form if you register for the first time, or you will enter your password for each of your next purchases at the Online Store. In case you wish to modify your personal information, you will be given the opportunity to do so electronically every time in the “My Account” field at the stage of completing your purchases. For any errors in the electronic handling prior to the assignment of your order to the Company, you will be able to identify them and correct them by contacting directly the Customer Service Department of the Company at +30 213-0449422 local charge), [contact hours: Tuesday - Saturday: 10:00 – 18:00 – Greek Time]- (excluding public holidays in Greece). By sending your order request, an automated message will appear on your screen that includes the details of the order request received by the Company, which is then sent to you electronically at the email address you have submitted to us. All your requests are received by us subject to availability check of the Goods contained in your order request (which takes place after the start of the processing step following your request). At the stage of receiving your request and automatically viewing the content of your order request, your request has not yet been processed by the Company and does not constitute acceptance of your proposal to purchase the product. Acceptance of the purchase proposal will take place only after the Company has accepted your order request/proposal, which will then be sent with a separate order confirmation and confirmation email message as described below under 5.2.

5.1.2. If you wish and choose so, the above order can also be made by telephone at our Customer Service Department at +30 213 044 9422 (local charge), [hours of contact: Tuesday - Saturday: 10:00 – 18:00 – Greek Time]- (excluding public holidays in Greece).

5.2. Processing Order Request

5.2.1. When you send your order request, you will receive a prompt and no later than the next working day message at the e-mail address you have given us regarding the confirmation of the order (Order Number, Goods, Quantity, Price, Billing and Shipping Elements, Shipping Costs, etc.). The shipment of the Good/s shall then be made on the basis of the delivery schedule of our courier company as defined below under 9.

5.2.2. Until delivery of your order to you our Company may contact you via e-mail and / or message on the mobile phone number that you have given us during your registration, for any matter relating to the receipt, processing, execution and / or transfer of your order and / or payment and / or return of the Goods or anything else. The parties agree that such communication [by e-mail and / or message (sms)] to the mobile phone you have given us  or by contacting the landline you have given us] meets  all the legal requirements of providing written information to you, where and when this obligation is provided by law.

5.2.3. The invoice / receipt will be included in your order upon receipt of the order (s) of Good (s). You should know that your order/s may be delayed for the following reasons:

• Due to extreme weather or strikes and in the event of force majeure, which may affect the shipment and delivery of your order. In this case, the Company will contact you directly, by telephone and / or via email, to confirm whether you still wish to fulfill your order.
• In the event telephone or email communication with you is not possible (for example, if there is a problem with the order, either in relation to the Good or in connection with its payment), because the information you entered is not properly registered or up-to-date.

For any information regarding your order process, please contact our Customer Service Department at 210-8013594 (local charge), [contact hours: Tuesday - Saturday: 10:00 – 18:00 – Greek Time]- (excluding public holidays in Greece).

6. Prices

6.1. The prices listed next to each Good include VAT, as applicable from time to time.

Before sending your order, you hereby declare following acceptance of clause 5 above that you have received and acknowledge the following information:

• The prices quoted on the various Goods displayed on the pages of the Online Store include VAT.
• We reserve the right to change prices without prior notice. Price modifications on items previously ordered by you that take place as of the placement of your order (s) and until delivery / s thereof; do not apply to your ordered Goods. In this latter case you will pay the price indicated at the time of YOUR order.

6.2. The Company, in good faith, is not liable or bound by any errors in the prices of the Goods listed on the Online Store and cannot ensure that there will be no errors for any reason whatsoever when setting and / or updating the prices.

6.3. Our Company follows a free pricing policy based on its commercial strategy, always in the framework of the envisaged legislation, in particular the provisions on the protection of competition (fair and unfair). Therefore, it is possible to find a difference in the prices of the Goods sold in the Online Store from other similar products sold at other points of sale, especially since our Company makes occasional offers of products or other promotional activities whenever it deems necessary. Also, the Company reserves the right and you hereby accept this to modify the prices quoted and change and / or withdraw the offers at any time with or without your prior notice.

7. Payment

For shipments of Goods, the Company accepts payments by (a) credit / debit card and (b) Viva Wallet (c) Paypal and (d) Klarna. By way of exception and exclusively for the purchase of Goods INSIDE Greece, the Company accepts payments also by (e) deposit into a bank account. For details on these payment options and the procedure followed by each option, please click here.

8. Security of Commercial Transactions

8.1. The Company recognizes the issue of data and transaction security as of major concern and has therefore taken all the necessary measures to safeguard them. The Online Store protects you against any data corruption by decrypting them through the use of SSL (SecureSocketsLayer – at the moment: Digicert) protocol for secure online trading.

8.2. Personal Information is 256-bitSSL codified and encrypted in an attempt to prevent unauthorized people from tampering, reading, accessing and processing this information. SSL protocol (SecureSocketsLayer), is today the world standard on the web for the certification of websites to network users and for the encryption of data between network users and web servers. An encrypted SSL communication requires all information sent between a client and a server to be encrypted by the sending software and decrypted by the receiving software, thereby protecting personal information when transferred. In addition, all information sent under the SSL protocol is protected by a mechanism that automatically verifies whether the data has been changed during transport.

8.3. However, the Company cannot guarantee the success of the above effort, as the sending of confidential information through e-mail services is not the safest way of sending, as it involves the risk of reading this information from third unauthorized parties.

8.4. The Company does not have access to your bank details, and does not store information about your bank or your credit / debit card. In addition regarding Everypay as our payment platform, we hereby confirm that it’s PCI DSS level 1 certified meaning that their technical solution and processes meet the highest industry requirements.

8.5. The Company will not be liable for any damages (direct or indirect – consequential damage and loss of profits) from illegal or unauthorized use of your card.

8.6. The Company will not be liable for any damage caused to your computer equipment by viruses, worms, spyware, or the like during your connection to the Online Store. Please make sure you have an anti-virus program, firewalls, and that your other computer protection programs are up to date.

9. Delivery of Goods

9.1. The Company carries out deliveries inside and outside the Greek Territory. For details regarding the delivery of the Goods and the time required by destination, please click here.

Please make sure that the address you are entering is correct.

9.2. The delivery of Goods will be performed by partner courier companies (indicatively, DHL Global Forwarding Hellas S.A.) during working hours and days (Tuesday - Saturday 10:00 – 18:00) to which the Company promotes your personal information, such as your name and shipping address, in order to make delivery and execution of orders possible. When completing your special order form, you are requested to accept (actively by action / electronic option) the Online Store’s Privacy Policy by selecting ‘I accept the Terms of Use and Privacy Policy’, which you will be able to access before accepting its content by selecting the relevant By the above option, you unreservedly consent to the transfer of your personal data for the purpose of sending the ordered Goods.

9.3. The Company and its affiliates take all necessary measures to deliver to you on time the Good/s you have ordered under the above timetable. Upon delivery of your order to our courier partner, you will be sent a message to your e-mail address and / or to the mobile phone that you have given us, which will inform you of the delivery of the Good/s to the courier and the delivery schedule to you. However, it should be noted that any delivery timetable is only indicative. The Company is not responsible for any delays due to force majeure or events beyond its control. Indicatively, we are not responsible for reasons of delivery delay due to customs delays, intermediate loading / unloading places, strikes of means of transfer or other strikes that affect the delivery of products to our warehouse by our suppliers, etc. In the event of delays, Company will make every effort to contact you to the contact information you have provided us with, to inform you and consult with you about the new delivery or delivery of another Good.

9.4. Please enter as your pickup address, an address where you will actually be, either yourself in person or a third authorized party, during working hours, as for example at your workplace. If you are not there in person or an authorized recipient to receive and sign the order on your behalf, you will be notified by a note placed in your mailbox that will instruct you where to pick up packages – parcels of goods shipped. Especially if you choose to pay by credit / debit card, you should either be present yourself when you receive your order with your identity or an authorized third party with his or her identity. In the event the order is made in the data and on behalf of a company; they must be present at the receipt of the order, either the company’s legal representative, or an authorized employee of the company with his / her identity. In this latter case, when the order is made by a credit / debit card, this card must be corporate, namely must be issued to the relevant buyer company. Also on delivery the authorized holder must be present with the credit card and his / her identity card. Otherwise, you will be notified by a note placed in your mailbox, and you will be informed where you can pick up your shipped package/s. In cases where a parcel is returned to the Company due to non-receipt by you or due to a false address statement, the Company will refund the payment but not the shipping charges.

10. Ownership of Goods

Our Company retains ownership of the Good (s) you choose until full payment of the amount required for purchase thereof and provided that such payment has taken place. In the event a refund is made to you by the Company, under clause 12 below detailed terms and conditions, the ownership of the Good/s shall be re-transferred to our Company.

11. Risk of loss

Risk related to the Goods is transferred to you as soon as you receive them.

12. Withdrawal & Return Policy & Defective Goods

For Withdrawal Policy (before / after receipt of the Goods), the Defective Goods and the Return Procedure in all the above cases, please click here.

13. Intellectual Property Rights

13.1. The content of the Online Store is covered by intellectual and industrial property rights of the Company and its suppliers. All trademarks, product names, logos, slogans, scripts, domain names, graphics, photos, videos, layouts, illustrations and other distinctive signage, regardless of how they appear on this site, are the exclusive property of the Company and its suppliers. These distinctive signs s are covered by exclusive intellectual and industrial property rights of their proprietors / suppliers in terms of their design, configuration, composition and any other feature subject to protection.

13.2. Any use, mixing, adjustment or readjustment thereof, in an offensive or underestimating manner towards the Good/s is not allowed. The Company bears no responsibility for alterations caused to the above distinctive signage without its fault. The Company respects the intellectual/Industrial property rights of third parties. If you find that a third-party intellectual/Industrial property right has been illegally copied and made available on this website, please contact the Company directly at +30 213-0449422 local charge), [contact hours: Tuesday - Saturday 10:00 – 18:00 – Greek Time]- (excluding public holidays in Greece).or through e-mail at [email protected]]

(a) Stating the intellectual/Industrial property that has been to your understanding unlawfully used,

(b) Identifying the location within this web site where this specific material has been posted, while requesting its removal,

(c) By communicating your full name and full contact details so that the Company may contact you,

(d) Stating that you act in good faith and in accordance with honest practices,

(e) Stating that you have the power to proceed with such a statement or have been legally authorized by the holder of the intellectual / industrial work, and

(f) By signing (in written or electronically) your statement.

The address and other details of the Company are +30 213 044 9422, e-mail: [email protected] and Address: 67 Daskaroli Street, Glyfada,  Athens – Greece.

13.3 It is forbidden, without the prior written permission of the Company, any use (personal and/or commercial), alteration, destruction, variation and also the restriction of the trademarks, distinctive signs of the Company and / or its Suppliers, as well as of the pictures and videos in the Online Store, the intellectual / Industrial property rights, and even the indications and general characteristics of the Goods, regardless of whether they are protected by absolute and exclusive rights.

13.4. It is forbidden, in whole or in part, to copy, imitate, sell, resell, abstract, confuse, misrepresent, modify, republish, reproduce, transfer or in any other way commercially or privately exploit the content of this Online Store. Nothing stated or implied in the Online Store provide the user with any kind of license to use the trademarks or products covered by the intellectual and industrial property law. In order to obtain a license from the Company to use certain signage of this Online Store, you are kindly requested to send an e-mail request to [email protected].

13.5. Failure to comply with the above instructions gives the Company the right to prevent any future access to the Online Store and to exercise any legitimate right thereof. It is also forbidden to change or alter the security settings, the architecture or layout of the site or to cause interference of any nature to its use or technical specifications.

13.6 The Company grants you limited, irrevocable and non-exclusive access to the Online Store, but prohibits you to download of its data or convert or exploit (primary and secondary) the Online Store and its content, collect and use the Goods mentioned therein as well as download or copy account details of registered users for another company.

14. Your Rights-Your Obligations and Liability – Limitation of Company Liability

14.1. You understand and agree that all of the pages and / or information provided to you reflect the Company’s current status, activities and marketing program as-is at the time of your visit.

14.2. Use of the Online Store must be made for lawful purposes only and in a manner that does not restrict or impede its use by third parties. You are required to act in accordance with law, good faith, fair and honest practices, the economic and social purpose of your rights.  At the same time, you are required not to perform any acts or omissions that may cause damage or malfunction to the Online Store or otherwise alter its contents. You agree unreservedly to abstain from any action that may violate the security system of this site, such as access to data intended for exclusive use by the Company, access to registered users’ accounts, attempt to control security vulnerability, security code falsification, create malfunctions in the smooth operation of the Online Store. Furthermore, you are solely responsible for all transactions you make through or as a result of the use of the Online Store, as well as for the terms and conditions for such transactions. If you deliberately or negligently violate any of the obligations set forth in these Terms (including Privacy Policy), you will be liable for any damage you cause to your Online Store, our partners and our suppliers, including legal fees and lawyer fees.

14.3. The Company does not provide any guarantee that the pages, functions, options and contents of the Online Store will be provided continuously, technically, faultlessly and with immediate correction of the errors that will arise. The Company is not responsible under any circumstances, even in case of negligence, for the loss or damage (direct, indirect, incidental, special) that the user may suffer as a result of his exposure to disturbing, misleading or offensive content, access and / or incorrect, incomplete or inappropriate use of this website. The Company is not responsible for the analysis of the quality, poor performance, deletion or inability to capture any data of its own and / or its users to and from this site. The user has the initiative, the full and exclusive responsibility for the correct access to and use of the information provided through this site.

14.4. Please note that the Company does not provide any kind of guarantee, express or implied, as to the suitability, completeness, accuracy, sufficiency, completeness and utilization of the information posted on the Online Store, which should in no case constitute advice, encouragement , prompting or giving advice for specific actions.

In particular:

(a) any reference to the Company’s activities or the Company’s overall commercial policy is not a sufficient criterion for carrying out any transaction with an economic effect or a proposal for the drawing up of any contract,

(b) Information provided to users through the Online Store is not necessarily accurate and may not be up to date or may have been altered or interfered with by third parties without the knowledge or consent of the Company,

(c) You are invited to confirm the accuracy, completeness and timeliness of any information you provide to the Online Store and

(d) The Company hereby informs you that the placing of the Goods presented on the Online Store may become impossible, in whole or in part, without liability of the Company, either because of restrictions on the production of the goods by the suppliers or in case of cessation or change of production of specific items. In any case, you will be informed about the availability of the displayed Goods during working hours and days.

14.5. The Company does not control or guarantee the technical integrity, availability, integrity or security of the present Online Store, as well as the use or access to its web site, since it has assigned its hosting to a partner company. The Company advises you to read Microsoft’s Privacy Policy. You are requested and expected to take all necessary steps to protect the security and integrity of your systems. The Company does not warrant that this site, which is being made available to the public will not contain “viruses” or any other harmful programs.

14.6. Any linkage of the present Online Store via links, hyperlinks, banners with any other website do not imply acceptance by the Company of any liability for the content of this site and the quality of the products or services presented to him. The Company is not in a position to control the content, Terms of Use, Privacy Policy, Quality and Reliability of the specific sites you access at your own risk. Referral to other sites is only for your convenience, without creating any commitment for you or the Company. In the event that a problem arises during your visit to other sites other than the present, you acknowledge and agree that you need to address those sites, as they are entirely responsible for the above.

15. Privacy Policy

15.1. In order to make any transaction through the Online Store or even by phone and to be able to place any order with the Company, you will be required to disclose some of your personal information. In order to expressly consent to the collection, filing and processing by the Company of your data relating to your business relationship with the Company, its development and the history of your transactions, within the framework of Law 2472/1997, 3471/2006, 4624/2019 , and Regulation (UE) 2016/679 issued by the European Parliament and the Council on April 27, 2016, you will be asked to accept (actively by operation / electronic option) the of the Online Store with the electronic option “I accept the Terms of Use and Privacy Policy”, which you will be able to access before accepting its content by selecting the relevant

15.2. Your personal data is communicated to the relevant bank (eg credit card number) and DELETED from our database immediately after the completion of your order, thus ensuring an even higher level of security.

16. Newsletters

Those who wish to receive informative-commercial-promotional newsletters from the Online Store you should either complete the registration request in the “Registration” section of the Online Store by filling in all of your personal information requested in the relevant registration form, or accept the above promotional activities by selecting the relevant field when sending your order. By this way you become recipients (Newsletters, Press Releases, and Promotions) from the Company’s email service provider. Getting newsletters from the Online Store is free and there are no further commitments or obligations. The Company reserves the right to reject any application as well as to cancel any subscription at any time, without justification. The Company allows you to unsubscribe from the list of recipients through the “Subscribe” and “My Account” sections of the Online Store. Your e-mail addresses are solely for this purpose and are deleted when you choose to delete your e-mail from these services by email at the above-mentioned e-mail address. The Company reserves the right to proceed with the selective sending of the above messages between you to the aforesaid service and / or to remove you at its sole discretion.

17. Complaints

If you wish to protest or complain regarding the products or services provided by the Online Store, please contact our Customer Service Department at +30 213 044 9422 local charge), [contact hours: Tuesday - Saturday: 10:00 – 18:00].

18. Applicable Law – Disputes

These terms and conditions, any changes thereto, the rights and obligations of the Company and yours will be governed by and supplemented by Greek law and EU regulations  and relevant international conventions (explicitly excluding Vienna Convention) , as well as the decisions and circulars of the official Greek authorities involved. Should any of these conditions conflict with applicable law, it shall automatically cease to apply without prejudice to the validity of the other terms. The courts of the city of Athens are competent courts for resolving any dispute in this respect. Alternatively, you can use the out-of-court settlement through the European Alternative Dispute Resolution Agency by clicking  here. This clause in no way affects your legal rights in your capacity as a consumer.

19. Others

19.1. You fully acknowledge and agree that these Terms, including Privacy Policy, constitute the complete and exclusive agreement between us regarding the use of the Online Store and participation in the purchase process of the Online Store and override any previous proposal, agreement or other communication. We reserve the right, at our sole discretion, to modify these Terms at any time by posting changes to the Online Store. Any change produces legal effects from the time of its posting to the Online Store. These terms are provided in Greek, English and German and at the moment this are the only available languages for contacting the Company’s managers. Anything contained in these Terms may not be construed as establishing any type of partnership or joint venture between us. The rights and means provided under these Terms do not exclude any rights or means provided by law. Partial invalidity of this Agreement will not invalidate the present agreement as a whole. If any part of this Agreement is found to be invalid or unenforceable by a court or other authority’s decision, in whole or in part, the remainder of the Agreement shall remain in force. Wherever in the present Agreement mention is made to a refund and / or credit to your account, this is always meant as interest-free. Any delay in the exercise by the parties (Company-consumer) of part or all of the rights deriving from these terms does not result in a weakening or waiving of these rights, which may be exercised at any later stage at the reasonable discretion of the beneficiary to the extent that its prescription period has not lapsed. The Company may assign its rights and obligations to a third party without your consent / approval (with the exception of personal data – see relevant section under Privacy Policy).

19.2. For Customers outside Greece the present terms apply fully. However some differences / markings have as follows:

• Make sure you use a postal service that assures you of the value of the returned Goods and always receive the proof of the shipment. Carriers deliver parcels during normal business hours and may require a signature to receive, so we suggest that your order be delivered to a work address rather than a home address.
• Each duty is charged when the order arrives in the country and must be paid by the recipient of the order. Because customs charges vary considerably from country to country, we suggest that you contact your local customs office for more information. When there are customs charges, these may affect the delivery time of your parcel.
• We inform you that in the event of a national holiday in your country, deliveries are unlikely to occur in the usual timeframes. In this case, please wait for your order to arrive the next business day.

20. Force Majeure

The Company is not responsible for any breach of these terms due to reasons of force majeure and for any delays caused by conditions beyond its control, such as indicative extreme weather events, earthquakes, floods, fires, emergency situations, disasters, strikes within the Greek Territory or outside, wars, terrorist acts, mechanical damage and generally, any incident which does not allow the proper execution of the orders. The Company will take appropriate action to meet its obligations within a reasonable time. If such incidents last for more than 2 months, the present agreement may be terminated by any party without a right to claim damages.

21. Modification of the terms hereof – Severability

The Company reserves the right to modify or renew the terms and conditions of sale at any time. You will be subject to the terms of sale in force at the time you place your order for the Good/s, unless any change to these terms is required by law or public authority (in which case such modification may apply to orders previously made by you). The Company undertakes to update this text for any change or addition to the terms. If any provision of the above terms is found to be null and void, invalid or renders invalid, it shall automatically cease to be valid and shall be withdrawn from the present Agreement, without in any case undermining the validity of the rest contractual terms.