Terms of use
Introduction
This website is an electronic commercial store for the sale of products and services via the Internet (hereinafter referred to as the “online store” or “website”) created and operated by the company under the name “THERAKANN PHARMACEUTICALS S.A.” and the distinctive title “THERAKANN PHARMACEUTICALS” located in Athens, G. Hatzidakis 12 as legally represented (A.F.M. 801816467 D.O.Y. KEFODE ATTIKIS), e-mail: info@dermikann.com (hereinafter for the sake of brevity the “COMPANY”).
The following terms and conditions will apply to the use of the Dermikann Skincare branded online store located at www.dermikann.com. Any user who enters and transacts or makes use of the services of the online store (hereinafter referred to in short as “visitor” and/or “user”, “customer”, “consumer” depending on whether he/she is only visiting the online store or placing an order or purchasing products) shall be deemed to consent to and unconditionally accept the following terms and conditions set forth herein, without exception. If a user does not agree to these terms, then he/she must, at his/her own risk, refrain from visiting, using this website, as well as from any transaction or use of the services of the online store.
General conditions
The COMPANY reserves the right to freely modify or revise the terms and conditions of use and transactions from its online store, whenever it deems necessary, and undertakes the obligation to inform consumers of any change through the pages of this online store. Contracts through the online store are drawn up in English.
Information & products provided
The COMPANY is committed to the accuracy, truth and completeness of the information provided in the online store, regarding the identity of COMPANY and the transactions provided through its online store.
The COMPANY, acting in good faith, is not responsible and is not bound by entries of electronic data that contain obvious errors or omissions, and has the right to correct them promptly upon becoming aware of their existence.
Limitation of liability
The COMPANY in the context of its transactions from the online store, shall not be liable for any loss or damage arising from the cancellation of orders, non-execution or delay of execution, for any reason, except in the cases of proven fraud or wilful misconduct or gross negligence of the Company or its employees.
The COMPANY does not guarantee the continuous availability of all products displayed in the online store. While the Company endeavours to accurately reflect product availability, it reserves the right to withdraw products or refuse orders where products are unavailable. In the event of a product becoming unavailable after an order has been placed, the Company undertakes to promptly inform the customer of such unavailability and will not be liable for any further loss or damage arising from such unavailability beyond a refund of any payment received for the unavailable product. The online shop provides the content (e.g. information, names, names, photos, illustrations), products and services available via the online shop “as is”.
The COMPANY shall not be liable for any indirect, special, incidental, punitive or consequential damages , including but not limited to loss of profits, loss of data, loss of goodwill, or monetary compensation, that a visitor of the online store or a third party may suffer arising or in connection with the operation or non-operation or the use of the website, the inability to provide services, products and/or information available from the online store. Nothing in these terms shall exclude or limit the Company’s liability for death or personal injury caused by its negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
Title and risk of loss for products pass to the customer upon delivery of the products by the Company or its chosen carrier to the customer or their designated recipient.
Intellectual property rights
The names, images, logos, logos, trademarks, distinctive features of the e-shop or the products of the COMPANY or third parties, are assets of the COMPANY or third parties respectively, protected by the applicable legislation on trademarks and or industrial property. The reproduction, re-publication, uploading, communication, transmission or any other use of the content of the website or the shop in any way or means for commercial or other purposes is permitted with the prior written consent of COMPANY or any other copyright holder. The user/consumer/customer undertakes to use the services, information and data of the online store as provided by law and in accordance with the rules of good faith and business ethics.
Links
The links included in the online store and the website of the COMPANY lead to the websites of third party providers, businesses, etc. The COMPANY is not responsible for their content or for any information obtained from any linked website, their use is not obligatory for the visitor/customer and in no way implies that the COMPANY approves or accepts their content.
Personal Data Protection
The COMPANY has created this website and the online store in order to serve its visitors/consumers/customers. The website of our e-shop is user-friendly and has been designed to meet the needs of the users/customers of the e-shop. For the purpose of providing you with the best service, it is important that you provide us with specific information for the processing of your order, which is kept by us.
The processing of personal data is carried out in accordance with the provisions of the applicable data protection legislation, including the UK General Data Protection Regulation (UK DGPR) and the Datra Protection Act, and the decisions of the competent authorities, including the Information Commissioner’s Officer (ICO).
This privacy statement and the terms of use of the COMPANY’s e-shop refer to the collection of data from this website and their use by us. It refers exclusively and only to the data, which you provide to us during your orders in the COMPANY’s online shop exclusively for the purposes of processing your orders. The information is also used by us in order to provide answers to specific questions of visitors/customers, to measure statistically and not nominally the traffic of our website and to facilitate transactions with COMPANY. The online store does not distribute addresses or other information concerning users/visitors/customers, except to direct partners of the COMPANY who are required to obtain knowledge of specific data for the sole purpose of the service process and implementation of orders. The COMPANY’s online store has been designed in such a way that users do not need to reveal their identity, unless they wish to do so themselves. Visitors are requested to provide their details if they wish to order products through the COMPANY’s online store, register on our website and/or send an email to our online store. The COMPANY’s online store collects the following types of information about its users: (1) information that the user gives us when registering as a customer; (2) information that the user gives us in order to execute his/her order from the COMPANY’s online store; (3) information that the user gives us when participating in competitions held from time to time by the COMPANY, (4) data that the user gives us for activations of telephony and internet services, (5) data that the user gives us when logging in through another platform (ios, android, Facebook, Google). When filling in any order form on the website of the COMPANY’s online store, you will be asked for your full name, address, postal code of your area, your email address, your phone number, payment details of your order, method of payment of the order. In addition, you may be asked for information such as shipping – delivery details of the order, pricing details or details of an offer you have requested. The online store makes use of the information you provide during the online form submission in order to contact you regarding (i) the delivery of the order to your location, (ii) for customer confirmation and identification in any necessary case, (iii) new or alternative products offered by our online store, if you have given us your prior consent to receive such information, (iv) special offers of our online store, if you have indicated that You may choose whether or not you wish to receive such communications from our online store by sending your request to the Company’s email address: info@dermikann.com
Every order processing requires the collection of personal data for delivery or booking of an order. The use of payment data of the order, for the charging of which documents identifying the data of the legal owner are required, is controlled only by the responsible department of our online store. The disclosure by you of your personal data for the purpose of processing an order that you have given us or information that you have requested in relation to the COMPANY’s products, constitutes consent on your part so that these data may be used by the employees of the COMPANY’s online store for the purposes mentioned above. COMPANY’s online store ensures the level of security mentioned in this privacy statement. In no other case will COMPANY’s online store share your personal information with others without your prior consent, except in cases otherwise specified by law.
Your personal data is used only for the purposes as described in this privacy policy. In any case, we will inform you in advance of any different use of the data you have provided us with and will ask for your permission, unless otherwise provided by the relevant laws, court order or order of a competent authority.
Our Company is committed to not collecting or processing personal data of persons under 18 years of age. If we become aware that the personal data of a person under 18 years of age has been collected in error, we will immediately delete such data.
To continually improve and enhance our services, we may send you marketing emails related to our business that may be of interest to you. You can choose the types of communications you wish to receive at any time by updating your email preferences. You can also unsubscribe at any time. Sending sms to the mobile phone number you have provided us with when placing your order is done in order to inform you of the progress of your order. You can through the account you have created on our website choose whether or not you want to receive advertising/promotional material via sms. We will not use your data for advertising purposes unless you have given your prior express and free consent. In order not to receive emails from COMPANY for marketing purposes, please follow the instructions provided in the email you receive. We may need to use and retain personal data for legal and compliance purposes, such as to prevent or investigate a crime, prevent loss, fraud or any other misuse of our services and IT systems, for information security purposes, the privacy of the business or other persons.
Cookies
The online store of the COMPANY has the ability to use cookies as part of the facilitation and operation of services through its website. We use cookies to provide you with information and to process your orders, to present you with advertising & informative content relevant to your interests and needs. You can choose to opt out of such use of cookies or set your browser to inform you each time before a cookie is downloaded and you can decide whether to accept or reject it.
Correction, Modification or Deletion of Information
The COMPANY’s online store allows its users to correct, change, complete or delete data and information they have provided. If you choose to delete information, we will act to delete the information from the store’s records immediately. To access, change or delete your personal data, to report problems with the operation of the website or to make any query, please contact the Company’s online store via the address : www.dermikann.com or by e-mail at info@dermikann.com. Changing or correcting your personal data can also be done via the registration page of the online store. Please note that we will do everything possible to protect your personal data, but the protection of your password to our website also depends on you.
Security of transactions
The COMPANY’s online store is committed to ensuring the security and integrity of the data it collects about the users of its website. The online store has adopted procedures, which protect the personal data that users provide on its website or provide by any other means (e.g. by telephone). These procedures protect users’ data from unauthorized access or disclosure, loss, alteration or destruction. Our information security policies adhere to prescribed standards and are updated as needed to meet our business needs, changes in technology and regulatory requirements. In the event of a data breach involving personal information, the Company will comply with applicable laws regarding notification of any breach.
Your legal rights
As a data subject, you have specific legal rights concerning the personal data we collect from you, such as:
α) Where personal data is processed on the basis of your consent, you may withdraw your consent at any time.
b) Right to rectification: you can ask us to rectify the personal data concerning you c) Right to restriction: You can ask us to restrict the processing of your personal data; d) Right of access: At your request, we will transfer your data to another controller where technically feasible, provided that the processing is based on your consent or is necessary for the performance of a contract. F) Right to erasure: You may request us to erase your personal data where it is no longer necessary in relation to the purposes for which it was collected or processed g) Right to object: You may object – at any time – to the processing of your personal data on grounds relating to your particular situation, provided that the processing is not based on your consent but on our legitimate interest or the legitimate interests of third parties. H) Right to lodge a complaint in the event of an alleged breach of applicable privacy legislation.
Please note that we will try to accommodate your request within 30 days. However, the time limit may be extended for specific reasons relating to the specific right or the complexity of your request.
Exercise your legal rights: In order to exercise your legal rights, please contact us in writing, by email, at : info@dermikann.com.
Periodic Changes
Our online store updates and improves its website and the related products and services. In this case, it also updates this privacy and data and information use policy. We recommend that you read this procedure every time and in any case at regular intervals, in order to be informed of any changes in the content of this privacy policy. This policy may be amended at any time and without prior notice to users.
Acceptance of privacy procedures
If you use this website, you accept and consent to this privacy statement and to the terms and conditions of use of the website communicated through it.
Ordering products – accepting online orders
Before the start of the electronic order submission process, the user of the COMPANY’s e-shop can register in it. To register or log in to our online store, you will need to fill in your full name, your mailing address to which the COMPANY can send the printed mail, your contact telephone number and your email, selecting the indication : “User/Customer Registration“. By registering your above data, you grant the COMPANY your consent and the right to send you updates on new products or offers, competitions and promotions. At any time you wish, you can cancel your subscription to the mailing/email address list maintained by COMPANY with your consent, by sending an email to COMPANY’s address: info@dermikann.com to delete or change your personal details above.
The order of the products is submitted by completing and sending the Electronic Order Form that you will find in our online store. Before submitting the order, the customer is informed of the terms and conditions concerning the sale of the products he wishes to buy, by selecting the indication “I am informed and accept the terms and conditions of purchase and delivery of the COMPANY’s products”. The COMPANY is not responsible if the customer has failed to be informed of the above.
The customer will receive an email from the COMPANY to the email address indicated by him. The customer chooses to accept the order otherwise the order will be cancelled. The sending of the order to the COMPANY is a declaration of the conclusion of a distance selling contract and acceptance of all charges indicated in the order.
The order is binding for the COMPANY after sending to the Customer a confirmation of its acceptance by the COMPANY with the marking “Confirmation of Order”. Updates on the order are sent by email to the contact email address registered by the customer. The Customer must check the “Order Confirmation” and inform the COMPANY no later than 24 hours from the entry in writing of any error, otherwise the “Order Confirmation” constitutes the drawing up of the Distance Sales Contract between the COMPANY and the customer.
The COMPANY will confirm the acceptance of the order by e-mail to the customer, repeating the content of the order, the price, estimated delivery time or any other terms of the written order of the customer that have been accepted by the COMPANY. The Client will be informed about the progress of the order by e-mail at the following e-mail address: info@dermikann.com
The COMPANY is not obliged to accept an order and reserves the right to cancel and not to conclude a sale of products in case of typographical or computer error in the price or stock of the product or in case of unavailability. In this case, the order will be cancelled by the COMPANY and payment will be returned to the customer in the same way that he/she chose to make the payment within 30 days from the cancellation of the order.
The COMPANY reserves the availability of its products in case they are not available at the time of the order.
Delivery of products
The product is shipped to the place chosen by the Customer within the United Kingdom (England, Scotland, Wales and Northern Ireland). The product is delivered to an external partner – carrier and the Customer is informed electronically when the product is ready for shipment. Shipping costs are calculated on the basis of the Customer’s order. Any incorrect entry on the part of the Customer will be borne by the Customer. To receive the order, the Customer must show the carrier the confirmation of the order and the notice of shipment from the COMPANY, as well as an identification document. In the event that the carrier is unable to deliver the product to the Customer, the carrier may attempt re-delivery or leave a notification for collection from a designated point. The Customer must check upon receipt the products received. If the Customer does not receive the product after receiving the notice to ship and despite the notice from the carrier, COMPANY has the right to withdraw from the sale.
Shipping cost: For all orders the shipping cost is £15. Different shipping charges will apply for different areas.
Delivery Time
The delivery time of the products is confirmed with the acceptance of the order by the COMPANY and amounts to a maximum of thirty (30) days from the time the sale is made, unless there is a special different agreement confirmed in writing, by e-mail. The delivery time may also be affected by the payment method chosen by the customer. The 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 the COMPANY or due to force majeure in which case the COMPANY is entitled to an extension of the delivery time. The customer is entitled to withdraw from the sales contract in case of force majeure and the COMPANY is obliged to refund the sales price received.
Product Returns Policy
In cases in which products are delivered different from the sold ones, by type or quantity or missing some property that has been previously agreed in writing with the COMPANY, the customer returns the products for inspection and verification of the error within 14 days from their receipt. In this case, the costs of returning the products to the Company and the costs of reshipment to the customer are borne by our COMPANY, according to the return method proposed by us. The return of the products due to the withdrawal of the customer will be carried out either by personal and transport means of the COMPANY or by courier within 14 days of receipt, after the customer has sent to the COMPANY the attached Declaration of Withdrawal. In cases of return by courier, the customer will bear the costs of shipping to COMPANY, unless the above case of returning the goods to COMPANY and reshipment to the customer at COMPANY’s expense, due to COMPANY’s error or lack of agreed property.
In case of cancellation of the transaction, the refund of the original purchase is made in the same way as the initial payment of the customer to the COMPANY within 30 days from the day following the receipt of the products from the COMPANY in their original condition without having been used or suffered any damage or loss. In particular, in the case of a credit card payment, the COMPANY will inform the issuing Bank of the cancellation of the transaction so that the Bank can then carry out any action provided for under the contract it has concluded with the customer. Following this notification, the COMPANY shall bear no responsibility for the time and manner of execution of the counterbilling, which is regulated by the above-mentioned contract. In case of payment by bank transfer, a reverse bank transfer will be made from the COMPANY’s accounts to the client. In case the products are returned damaged or incomplete the COMPANY has the right to claim compensation from the customer, the amount of which will be determined by the condition of the products and will not exceed the value of their sale, without prejudice to any further damage or harm to the COMPANY. The COMPANY will unilaterally proceed to a total or partial set-off of its claim against the customer. The return of our products will be accepted by us within (14) calendar days of delivery to the customer. The product, must be free from damage and must have the documents that accompanied the product and its complete packaging in perfect condition. Returns will only be accepted if the customer has first paid any amount for the purchase. The declaration of withdrawal is made in writing or electronically at the address: info@dermikann.com by simple letter in which the details of the document (number, receipt, invoice, invoice, delivery note, date, name), the description of the product for which the withdrawal is made, as well as the contact details of the customer.
The consumer/customer must return the product(s) within 14 days from the day he/she submitted in writing to the Company his/her request for withdrawal, in accordance with the terms of this paragraph. Following the declaration of withdrawal, the COMPANY will refund the price received from the customer within 30 days of receipt of the products with their packaging in their original condition. The return of the money to the customer will be made by the same means by which it was collected from him.
The company shall not be liable if the customer has made use other than that indicated to ascertain the nature, characteristics and function of the products during the period up to the declaration of withdrawal. The ascertainment of the nature, characteristics and function of our products is based on the information provided on their outer packaging, as well as the additional information provided on the website www.dermikann.com, and in any case without opening the packaging of the products or using them in any way. The Company shall inform the customer of any questions regarding the nature and function of its products by providing additional information material, electronically or otherwise. In case of opening the packaging or putting the products into operation, the value of the products is automatically reduced as the product is classified as used and the customer must compensate the Company for the reduction in the value of the product. In the event that the products are returned damaged or incomplete, the Company has the right to request compensation from the customer, the amount of which will be determined by the condition of the products, and to unilaterally and without any other action, to make a total or partial set-off of its claim against the customer.
Please note that no withdrawal is possible for products that are not suitable for return, for health protection or hygiene reasons, and which have been unsealed after delivery, or those manufactured according to consumer specifications or personalised customer data.
For more information we are always at your disposal via e-mail at: info@dermikann.com
To ensure the safety of our products, we take precautionary measures by periodically informing consumers of any risks to their health and safety, and by systematically recording and analysing cases of exercise of the right of withdrawal. For each product, our Company provides the consumer with information on the risks associated with its use, as well as the necessary documentation to trace the origin of the product.
Our Company takes due diligence to keep the content of its website accurate and up-to-date, but does not guarantee the accuracy and completeness of the content of this website and does not undertake specific times for updating the information, unless otherwise stated on the website or in our online store (where applicable). Our Company shall exercise due diligence for the continued access to the products available through its online store, for their normal use, and for the performance of the delivery of the products ordered by the consumer, but has no obligation and does not guarantee that such products and services will meet the consumer’s requirements. Therefore, the Company is not liable for any damages suffered by the consumer due to the consumer providing inaccurate information when requesting to purchase our products.
Dispute resolution
All disputes arising from or relating to any transaction through the Company’s online store/website, including issues related to the interpretation, invalidity, performance or termination of these Terms, as well as disputes regarding the filling of gaps in the contract or its modification in relation to new circumstances, will be first be attempted to be resolved amicably through negotiations between the parties. If an amicable resolution cannot be reached within a reasonable period, the parties agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims). These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
If one or more of these terms are declared invalid in whole or in part, this shall not affect the validity of the remaining terms or other individual parts of these terms, which shall remain in force between the parties. The invalid term will be considered replaced by the mandatory terms of the law or by established business customs.All notifications between the customer and the COMPANY will be made in writing by e-mail or written letter by post or courier with proof of receipt.