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Terms of use

TERMS OF USE

 

Last updated on January 04, 2017.

 

Welcome to www.wind.gr.

 

The website www.wind.gr is the exclusive ownership of WIND HELLAS TELECOMMUNICATIONS S.A. (WIND), through which our Company provides information, sells products and services to its web users.

 

By visiting our Website you accept the Terms of Use set out below, and warrant that you will make use of our Website and its webpages subject to the conditions set out in this page. If you do not wish to be bound by the following Terms of Use, you may not access our Website and use our services.

 

1. Company Data

 

The services of www.wind.gr are provided by the enterprise under the distinctive title Wind (“Wind” or “Company”). Our Company data are as follows :

 

CORPORATE NAME : WIND HELLAS TELECOMMUNICATIONS S.A.

DISTINCTIVE TITLE : WIND HELLAS

ADDRESS : 66 Kifisias Ave., Marousi, Attica, 151 25

TAX NO. : 099936189

TAX AUTHORITY : Athens FAEE

 

For any further request or query you may communicate with our Customer Care department (1260 (charged) or 8008887316 (free of charge) from WIND mobile 693 5601260 or (charged) from a fixed line) *.

 

* The charges of the numbers mentioned above can be found out from our Website and our official price list.

 

2. Subject Matter

 

The present Terms of Use define the terms and conditions under which our Company offers to you its electronic commerce services through our website www.wind.gr.

 

Through the present Website WIND provides information society and electronic commerce services to its Customers. The subject matter of the present Terms includes the online sales of products / services, which are additionally regulated by specific terms of sale and are separately agreed with our Customer before the execution of each transaction.

 

If any provision of the Terms is declared void or unenforceable, such provision shall be severed from these Terms, which shall otherwise remain in full force and effect but only to the extent that the original intent of these Terms will not be altered in any material respect.

 

In the event that the use of any service of the Website is governed by specific terms of use, they shall apply in conjunction with these Terms. In case of conflict, the specific terms of use of each service shall prevail.

 

Wind reserves the right to amend and update these Terms, whenever it deems it necessary, and any changes thereof shall come in force and effect from the instance they appear online at the present webpage of www.wind.gr.

 

3. Definitions

 

For the purposes of the present Terms the following definitions shall apply :

 

a) “Commercial Communications” - All kinds of electronic communication, which serve the purpose of advertising, directly or indirectly, our products/ services or the general brand of Wind to our customers.

 

b) “Website” – The world wide web site which is accessible through the domain name www.wind.gr including all of its webpages.

 

c) “Products” - The digital and electronic communication products which are offered for sale the Website www.wind.gr.

 

d) “Services” - The information society and electronic commerce services which are offered for sale through the Website www.wind.gr.

 

e) “User” -  The internet user who accesses and browses through www.wind.gr.

 

4. Ordering Process

 

Through its corporate Website www.wind.gr WIND offers to its customers the opportunity to register orders and/or purchase Products and Services on sale on a retail basis. In order to place a relevant order each user of the Website may, prior to the registration of a personal account, execute orders and/or purchase Products and Services, which are displayed on sale from WIND at the Website.

 

The display of products / services for sale on www.wind.gr acts as an invitation for you to place an order. Such presentation does not in any way bind Wind as for the availability of displayed products / services or for the immediate execution of orders. If you order products / services no longer available, Wind reserves the right to give information to you about substitute products. In addition, Wind reserves the absolute right to reject orders at any circumstances without having the obligation to provide reasons for such rejection on the condition that any paid fees are immediately refunded to you.

 

The sales contract between our Company and its users is executed upon (a) the registration of a relevant order, serving as an offer, and (b) the acceptance of the order by our Company through the transmission of the corresponding electronic mail to the user. The electronic mail mentioned above is deemed to be received by the user at the time that the latter accesses it.

 

After the execution of the sales contract our company has the obligation to deliver the product / service under sale and the user has the obligation to pay the relevant fee, as communicated in the order registration process. WIND maintains the ownership of the product sold after its delivery subject to the full payment of the agreed fee by the user. In case of the user’s failure to pay the full fee, the Company has the right to either claim the fee or rescind the contract, requesting the return of the product in the state that it was delivered. In any case, after delivery the responsibility for the condition of the product lies with the user.

 

For the execution of the order the follows a step by step ordering process. In any case, until checkout technical means for the identification and correction of any errors in the procedure shall be at your disposal, such as the capacity to return to previous technical steps before final submission.

 

The prices displayed at www.wind.gr constitute the fee for each Product / Service, excluding however any shipping costs which are separately referred to during the ordering process. Wind reserves the right to change such prices from time to time at its sole discretion but any potential change will not affect any placed order, on which an order confirmation has been already sent.

 

After execution of the transaction and payment of the relevant fee Wind shall issue and ship the relevant invoice to you by post or courrier. Our Company has no obligation to issue any other type of tax certificate and/or to send them in hard copy by post or by any other means.

 

5. Payment Methods

 

Our Company accepts payments for the purchase of Products via www.wind.gr with the following ways :

 

  • Online debit / credit card charge.
  • Cash on delivery.

 

In the case of purchase by non-business entities payment with cash upon delivery is acceptable for amounts up to 500€. For amounts above 500€ payment via debit / credit card is obligatory. In the case of purchase by business entities payment with cash upon delivery is acceptable for amounts above 500€, on the condition that data are collected regarding the relevant corporate name, tax registry number and additional data of the accompanying invoices.

 

For the purchase of Products through the Site we accept Visa, Mastercard, Diners, Maestro & American Express credit / debit cards. Any transactions through the Website are protected by state of the art online security systems (3D Secure, SSL / TLS and digital certification from Verisign Inc.) which guarantee a secure environment.

 

With the delivery of the ordered Products and the payment of the relevant fee on behalf of our Customer the sales transaction is concluded and our company assumes no further liability towards our Customers apart from those explicitly stated under the applicable laws.

 

After the conclusion of the sales transaction and the payment of the relevant fee WIND issues and ships the related invoice to Customer in electronic form. Our Company has no obligation to issue any other type of invoice apart from those stated under applicable laws and to ship them in paper form by post or by any other means.

 

6. Right of Withdrawal

 

The Customer reserves the right to withdraw from the Contract within fourteen (14) days from the receipt of the purchased product/s by declaring to WIND the Customer’s intent of withdrawal with the shipment of the withdrawal statement along with the relevant invoice from the purchase of the returning product. In case of withdrawal, the Customer is obliged to post and send at Customer’s own expenses the purchased product/s exactly in the same condition as they have been received, with their safety seals intact and without them having suffered any damages whatsoever. The Customer is also obliged to accompany returning product/s with the standard WIND declaration of withdrawal, properly signed and executed by the latter. Returning product/s shall be shipped at WIND offices. Paid fees shall be refunded within thirty (30) days from execution of a valid withdrawal.

 

6. Intellectual Property Rights

 

All content, trade names, trademarks and other distinctive features and content included in or made available through the Website www.wind.gr and its webpages, including but not limited to the texts, graphics, sound, images, digital recordings, news, articles, information, data, charts, pictures, photos, logos, interface, look & feel, software and structure, are subject to exclusive intellectual property rights of Wind protected under the Greek, European Union and international intellectual property laws.

 

None of the content of www.wind.gr may be recorded, copied, reproduced, translated, derived or otherwise transformed, distributed, rented, publicly performed, retransmitted, presented to the public or otherwise made available to the public without our express written consent. Additionally, any graphics, logos, icons, interface and look & feel of the Website may not be used in connection with products / services that are not provided by Wind in any way which can cause ad minimis confusion to consumers or affect our reputation and image.

 

As an exception, temporary copies of webpages of www.wind.gr are permitted, as long as they are transient or incidental and an integral and essential part of a technological process whose sole purpose is to enable : a) a transmission in a network between third parties by an intermediary or b) a lawful use of a work or other subject - matter, and have no independent economic significance.

 

Any other trademarks, logos, product names, company names, and logos, which constitute the intellectual property of any third parties and are displayed on the Website, are the ownership of their rightholders, fall within their own area of responsibility and their display on the website does not constitute and should not be construed as a transfer or license of rights to use them.

 

Indicatively, any digital recordings (songs and music themes in general), as well as the images that appear and accompany them (images, artwork, photographs, etc.) belong solely to the content providers of their rightholders (eg record companies ), who have granted the license to WIND to distribute them through the Website. Any such intellectual works are lawfully provided by WIND to the Users of the Website, are the sole property of the aforementioned content providers and are made available for personal use only. Any user that has purchased any intellectual works mentioned above is solely authorized to reproduce them for strictly personal, i.e. private and non-commercial, use. Any other reproduction, distribution, making available to the public (including that of distribution via the Internet in an open or closed forum, website, internet site, peer-to-peer, etc.), public performance or recording of such digital recording and their review samples is strictly prohibited without the prior written permission of their rightholders.

 

We are committed to respect the intellectual property rights of others. If you believe that your rights have received treatment, which may constitute an infringement, please contact us.

 

7. Licence

 

Subject to your being at all times compliant with these Terms, Wind grants to you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of www.wind.gr. Your use of our Website shall be conducted in good faith and only as permitted by applicable laws. All rights not expressly granted to you in these Terms are reserved and retained by Wind and/or any third party rights' holders. Neither our Website as a whole, nor any part thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without our express written consent.

 

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Wind without our express written consent. You may not use any meta tags or any other “hidden text” featuring Wind distinctive title or trademarks without our express written consent. You may not alter or in any other way intervene in the content or the software of our Website or attempt to undermine its technological integrity and functionality. You may also not create and/or publish your own database that features substantial parts of our Website  (e.g. our prices and product listings) without our express written consent.

 

This licence does not include any resale or commercial use of our Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. If you do not in any way comply with these Terms, this license shall be automatically terminated without notice from us.

 

In case of user conduct, which is illegal or contrary to these terms and/or any applicable laws, the user committing the conduct is obliged to compensate WIND for any consequential damages that WIND may suffer from such conduct.

 

8. Personal Account

 

If you wish to receive our services in full or execute transactions through our Website, you will first have to create a personal account and agree to enter the information required for the execution of the relevant procedure.

 

If you register at our Website by creating your personal account, you are obliged to maintain the confidentiality of your username and password. You should take all necessary steps to ensure that your username and password are kept confidential and secure. If you have any reason to believe that your username and password confidentiality has been compromised or are likely to be used without permission, you are obliged to inform us immediately. You also have the duty of fair and truthful representation in regard to any information, personal or not, disclosed to Wind, being also obliged to correct or update them on your own initiative in case of changes by logging into your personal account.

 

We are not responsible for our users or against any third party, if the information provided by our users or third parties in relation to their personal account is incomplete, inaccurate, misleading or deceptive. Unless otherwise agreed with us, you have the right to register and create only one personal account. It is prohibited to create an account on behalf of another person or to steal someone else's identity.

 

We reserve all our rights at any time to terminate your account in case you are found or reasonably assumed to have breached any of the present Terms.

 

9. Minors

 

By using our Website and prior to executing any transaction with Wind you explicitly declare and guarantee that you are above the age of eighteen (18) years old or, if you are below that age, that you are under the guidance and supervision of your parent or guardian, who consents and unequivocally accepts these Terms. In any other case you are forbidden from accessing our Website and from using our services and Wind does not bear any liability from such use.

 

If you are parent or guardian of a minor that makes use of www.wind.gr, you shall bear full responsibility for such use, including any financial obligations arising from the execution of electronic transactions of any kind.

 

10. Hyperlinks

 

The establishment of a hyperlink directing to the web pages of our Web site is permitted on the condition that it is not used to deceive the general public or to cause damage to our business and on the condition that it does not show the contents of www.wind.gr as part of another website (eg. framing techniques). Furthermore, you may not use the trademark (logo) of our business, as it is posted on www.wind.gr, to create a hyperlink to our Website without our prior explicit and written permission.

 

Our Website may contain hyperlinks to websites owned by third parties and, therefore, these websites and their content do not lie under the administration of Wind. For this reason our Company does not assume any responsibility for these websites and their content and does not provide any guarantees to its Users about them. If any website owner or administrator wishes that we withdraw an existing hyperlink from our website to their website, they may get in touch with us by sending an e-mail to […] [ at ] wind.gr.

 

11. Advertisements

 

Our Website may include advertisements and/or online content of commercial nature or purpose referring either to Wind or to third parties.

 

Our Company is not in the position to control and monitor third party advertising content displayed at www.wind.gr and, therefore, shall not bear any liability towards its Users for third party advertising content in relation to any illegitimacy, inaccuracy or failure to comply with applicable laws and regulations. Such liability shall lie exclusively at the third parties composing the relevant content are being advertised therefrom.

 

12. Commercial Communications

 

In addition, any user consent and our Company reserves the right to send commercial communications in relation to its products / services to Users that (a) have created an online personal account to our Website and/or (b) have registered to our electronic newsletter service and/or (c) have purchased our products and/or (d) have accepted our services and/or (e) have in any other way submitted their contact data to us in the context of a contractual relationship.

 

When you visit our Website or you use electronic means to communicate with us, you accordingly agree to receive electronic communications from Wind. In this context, our Company reserves the right to send to you any communications it deems necessary in order to correspond to your requests. Any electronic communication between us is considered and accepted as absolute proof and shall not be disputed due to the fact that it has been executed by electronic means, unless mandatory applicable laws specifically require a different form of communication.

 

13. Limitation of Liability

 

The Website www.wind.gr is provided to its Users as is and without any guarantees, conditions or warranties as to its functionality, whereas its use is conducted at the responsibility of its users. In specific, due to the nature of the internet, Wind does not in any way guarantee that the availability of our services shall be uninterrupted and that transmissions will be error-free.  Furthermore, our services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.

 

To the full extent permissible by Greek law, Wind disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose related to the function and/or use of www.wind.gr. Furthermore, Wind shall not be liable and the Customer agrees not to hold Wind responsible for damages of any kind, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, resulting directly or indirectly from the function and/or use of www.wind.gr. Notwithstanding the above, nothing in the present Terms shall exclude or limit in any way Wind’s liability (i) for death or personal injury caused by negligence or (ii) for fraud or fraudulent misrepresentation.

 

WIND makes every effort to ensure that the information, content and services available via the Website are governed by clarity, accuracy, completeness, and are constantly updated. In any case, however, WIND does not guarantee and is not liable for any damage caused to users of the Website or any third parties through use of the Website, the services available through it and / or the content and information that is posted on it. WIND shall make reasonable efforts for the unencumbered operation of the Website, but, does not in any case warrant that its operation and / or any third party infrastructure used will be uninterrupted and / or orderly, free from viruses and any other malware. Hence, WIND is not liable for any possible damage caused to the users of the Website or any third parties which is related to the above.

 

WIND explicitly states that it does not acquire any responsibility and does not make any guarantees to review the security and content of the website, nonetheless WIND reserves the right to block access to any webpage if any event is detected which in its opinion is contrary to applicable laws and any of these terms.

 

Force majeure : WIND bears no responsibility regarding any violation of these terms and conditions in case of any accident or force majeure event, including, wars, riots, acts of sabotage, explosions, fires, arsons, earthquakes, strikes, acts of Greek or European Union or any other authorities, natural phenomena etc. No part of the Website’s content shall be deemed to constitute or regarded in any way, directly or indirectly, as an encouragement or advice to its Users for any act or omission, but rather it shall lie to the exclusive discretion of its users, without us bearing any liability.

 

14. International Jurisdiction and Applicable law

 

For any dispute between Wind and its Users arising from or in relation to the use of the Website these Terms shall be governed and construed in accordance with Greek law without reference to its conflict of laws principles and shall be subjected to the exclusive jurisdiction of the competent courts of Athens, Greece.

 

Should any provision of these Terms of Use be declared void by court as unlawful, invalid and unenforceable, such decision will not affect any other provisions, which will remain in force and will be applied in their full effect.

 

15. Contact

For any further request or query you may communicate with our Customer Care department (1260 (charged) or 8000 500 0200 (free of charge) from WIND mobile 693 5601260 or (charged) from a fixed line)* or you may address us by using the following contact data:

 

WIND ΕΛΛΑΣ ΤΗΛΕΠΙΚΟΙΝΩΝΙΕΣ ΑΕΒΕ

66 Kifisias Avenue, 15125

Marousi, Attica, Greece

 

 

 

* The charges of the numbers mentioned above can be found out from our Website and our official price list.

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