Terms & Conditions

  1. APPLICATION

The present Terms and Conditions shall apply to the merchandise sold exclusively by the enterprise under the name “CISTERN ART EE” with the distinctive title “CISTERN ART”, located on 6th km provincial road Ritsonas -Vathiou, Evia, Zip Code 34150, Chalkida with Company Registration No 149394701000, VAT No  801112650 issued by the Chalkida Tax Registry, with branch offices located in Kifissia Attica, 3 Panagitsas str. Zip Code 14562, and its electronic store www.mamushgallery.com , hereinafter referred to as the "Enterprise".

  1. REGISTRATION AND LOG-IN

For the sake of the security of the transactions, the user of the e-shop (hereinafter referred to as the "User" or the "Customer") before commencing the order submission process can register with the Enterprise's online store. To register or log in to the online store, the full name, mailing address, contact phone number and e-mail are required. This information remains completely confidential.

The Enterprise reserves the right to use this information to send updates about new products or offers to its customers or registered users in the online store.

If at any time the User wishes to terminate his/her registration in the address/e-mail list, he/she may do so by sending an e-mail to (director@mamushgallery.com)

requesting the deletion or change of his/her personal data. 

  1. SUBMISSION AND ACCEPTANCE OF ORDERS 

​3.1. Online order submission - Proposal for purchase of goods

The order of the products is submitted by completing and sending the special Order Form available at the online store. Before finalizing the order (checkout), the Customer receives through a special link a disclaimer with the terms of the sale of the products he/she wishes to acquire and then activates/checks the icon "I have read and accept the Purchase Terms and Conditions". With this marking, the Customer expressly and unreservedly declares to the Enterprise that, before submitting his/her order, he/she has received in a clear and comprehensible manner the following information:

  • The main characteristics of the products ordered, as described on the e-shop pages. The Customer has to check all relevant features before submitting his order so that he/she does not have any doubts about the characteristics and properties of the ordered products. The Enterprise has no liability in the event that the Customer has failed to be adequately informed of the above.
  • The Company's identity, address, telephone number and e-mail address.
  • The total price of the products of the order, including VAT, and all additional shipping charges, as well as any other expense such as export charges. Where other charges cannot be accurately calculated in advance, such as customs duties, customs clearance costs or other costs, they are charged directly to the Customer by his/her local authorities at the place of receipt of the delivery.
  • The cost of using the distance communication tool for concluding the contract when it is calculated on the basis of a charge other than the basic invoice.
  • The means of payment, payment time, delivery, execution, but also the deadline within which the Company undertakes to deliver the goods.

The Customer has the right to withdraw from the purchase within 14 days from the date of receipt of the product in accordance with the template set forth at the end of the present, in which case the provisions of Law 2251/1994, as in force, shall apply.

Sending the order to the Enterprise is a proposal for the purchase of the ordered goods and a declaration of acceptance of all the charges that are described in the order.

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3.2. Online Order Receipt Confirmation – Sale

 

The order is not binding for the Enterprise before the Customer receives the confirmation of acceptance and processing of the order by the Enterprise as described below.

The order is deemed to have been received by the Enterprise from the moment the Customer receives an order status update with the indication "Your order has been received and is in the process of being processed".

Order status updates are displayed on the User screen and sent by e-mail to the email address registered by the User/Customer.

The status of the order is constantly updated as when changes occur during the order management. The Customer must check the "Receipt and Processing of the Order" and immediately inform the Enterprise (at the latest within 3 hours from the time of receipt of the electronic notice) in writing of any error, otherwise the information mentioned in the "Confirmation of receipt and order processing" will be applied to the Sale Agreement.

During the processing of each registered order, the stock availability of the order's products is confirmed. If the availability or delivery time differs from that listed on the product page, the Customer will receive a new written update. In particular, if the company ascertains the availability of the product and the absence of errors in the online store regarding the pricing or the price of the products, their characteristics etc., it will inform the Customer by e-mail.

The order is considered binding and the sale is deemed to have been established and creates claims by the parties (Customer - Enterprise) only by sending and receiving the Enterprise's e-mail with the indication "Your order has been completed". The status of the order is constantly updated as and when changes occur during the handling of the Customer's order.

The Customer also has the opportunity to be informed about the progress of his/her order via e-mail (e-mail: art@mamushgallery.com ).

3.3 Limitations of Liability:

In the context of good faith and business ethics, the Enterprise is not obliged to accept an order and conclude the sale of products which, due to typographical or computer error, appear in the online store at an incorrect price, is less or higher than the one applicable to that period.

In the event that an order shows an error in the price of only part of the ordered products, then the order is valid and is normally executed for the other products and is considered incomplete for the products in which the error was found. In the event of incorrect delivery of unsolicited products, the failure to notify the Enterprise and the return of the products cannot be regarded as consensus, acceptance or declaration of willingness to purchase them. In the event that a refund is requested by the Enterprise and the Customer is delayed to return these products for more than seven (7) calendar days, then such denial constitutes a declaration of intention to purchase the items and the order is deemed to have been confirmed and the Customer owes to pay their value. 

  1. PRODUCT AVAILABILITY 

The Customer is informed about the availability of the products through indications placed on the page of each product. The Enterprise reserves for the availability of its products in the event that they are not available at the time of the order is placed. In this case, the Enterprise reserves the right not to accept the order and therefore not to conclude the sale. Any payments will be refunded to the Customer without undue delay, in the same way of payment that the Customer has chosen to pay for the order.

Special cases of availability are the following:

  • Pre-order: The product is not in the supplier's warehouse but can be ordered. In this case the order will be executed when the product is available for delivery. The confirmation of receipt by the Enterprise of the pre-order shall be deemed as acceptance of the order and conclusion of sale terms. In this case, full repayment is required.
  • Not available/Discontinued or Temporarily not available product: The product is out of stock/depleted or not available and is expected to be received immediately.

In any case, the Enterprise undertakes to deliver the ordered product within thirty (30) days of confirmation of receipt of the order. However, the Enterprise reserves the right to inform the Customer in the event of any additional reasons for making the product unavailable or for the possible (new) delivery time if there are reasons to delay the delivery. In such case, if the delay makes the transaction unprofitable for the Customer, the Customer is entitled to cancel the order unilaterally by means of a written statement (via e-mail at art@mamushgallery.com ).

In the event that the order is canceled and the sale agreement is terminated, the Enterprise must return, without undue delay, all the purchase price paid by the Customer.

  1. ORDER DELIVERY

5.1.  Methods & Place of Delivery

The order can be delivered in the following ways:

  1. Pickup from the store. The Customer can pick up the items he/she has ordered, free of charge, from the Enterprise store at Panagitsas 3, Benakeio Emporiko Center Kifissia Attica, Greece and pay in cash or with debit / credit card.
  2. Shipments with courier companies. The Enterprise can ship the order either in Greece or abroad. Shipping charges vary by city or country of return.
    1. For shipments to the areas near our store (Postal Codes: 14560 to 14569 and 14578, 14671, 14572 and 14567) the charge is 10 euros per shipment.
    2. For shipments to the rest of the prefecture of Attica and throughout Greece, ELTA Courier service is used and the charge is according to the volume of the item you purchased. In the check-out step of the process of completing the order and after filling in the relevant field the Postal Code of his/her area, the Customer will be able to see the relevant shipping charge.
    3. For shipments in Europe, Fedex is used and the charge is according to the volume of the item the Customer has bought. In the check-out step of the process of completing the order and after filling in the relevant field the Postal Code of his/her area, the Customer will be able to see the relevant shipping charge.
    4. For shipments to America & Asia, the company Fedex is used and the charge is according to the volume of the item you bought. In the check-out step of the process of completing the order and after filling in the relevant field the Postal Code of his/her area, the Customer will be able to see the relevant shipping charge. In addition to the shipping fee, the Customer will also be charged an amount of 30 euros for handling and customs clearance costs.

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Purchased items will be delivered to the place specified by the Customer.

Any erroneous registration on the part of the Customer and therefore incorrect calculation of shipping costs does not create responsibility for the Enterprise, but for the Customer.

Since after the receipt of the goods, the risk passes to the Customer, the latter has to check on receipt the products he/she receives, as with his/her signature upon receipt he/she confirms that he/she has received undeservingly the products of his/her order. If the Customer does not receive the product after receipt of the notice to send and despite the relevant notification from the carrier, the Enterprise reserves the right to withdraw from the sale.

5.2 Delivery time

Delivery is made on specific days depending on the city or country of dispatch:

  • Shipments within Greece
    1. For shipments in the areas near the Enterprise store (Postal Codes: 14560 to 14569 and 14578, 14671, 14572 and 14567): within 24 hours
    2. For shipments to the rest of the prefecture of Attica: 1-4 days
    3. For shipments to the rest of Greece: 2-7 days
  • Europe shipments: 2-7 days
  • America shipments: 4-10 days
  • Asia shipments: 5-15 days

For remote or inaccessible areas (refers to transportation and delivery of shipments to areas outside the limits of major cities), the delivery may need up to 10 working days to be completed.

The delivery time of the products and services sold shall be no more than thirty (30) days from the time of the sale, unless otherwise specifically agreed by the parties, in writing, by e-mail.

Delivery time varies by item. In order to be informed on the exact delivery time, the Customer can obtain this information either in the item properties or contacting the Company at +30 210 6232900.

All delivery times are only estimations, and the Enterprise cannot guarantee delivery dates. Customer should keep in mind that in some parts of the world not all delivery services are available.

In case Customer wishes to receive the order from our store, he/she needs to contact the Enterprise at +30 210 6232900 and schedule it. All deliveries can be made during Monday - Wednesday - Saturday at 10:00 to 18:00 and Tuesday - Thursday - Friday at 10:00 to 21:00. All of the above require confirmed orders.

In case a product from the Customer’s order is in shortage or not in-stock, the Customer will be contacted by the Enterprise sales department for a new dispatch and delivery date or for a possible replacement with a similar product. The Enterprise reserves the right to modify the conditions, methods and cost of dispatch without prior notice.

5.3 Force majeure

The Enterprise is not responsible for delays in the execution of the order (including delivery) due to cases that cannot be attributed to the Enterprise’s fault or due to force majeure and therefore the Enterprise is entitled to an extension of the time for execution.

Indicative examples include strikes, terrorist acts, war, supplier / transportation / production problems, exchange rate fluctuations, government or legislative acts and natural disasters.

If such incidents last for more than two (2) weeks, the contract of sale may be terminated by any party without compensation

  1. PAYMENT

The Enterprise currently supports five payment methods:

6.1 Payment In-Store

It applies only for delivery of Customer’s order from the Enterprise store. The payment can be made either by cash or by credit card. Find out more about this delivery service through the corresponding point indicated in 'Shipping & Returns'.

6.2 Bank Deposit

If the Customer does not have a credit card or he/she does not wish to use it, he/she can pay the order via bank transfer. Upon completion of the order, an email will be sent with the Enterprise bank account in which the Customer can deposit the total amount of the order. Bank commission costs for deposits through a different bank are borne by the Customer. In any case the Enterprise bank data is:

Upon completion of the deposit, the Customer needs to send the Enterpirse a copy of the bank payment order by email at art@mamushgallery.com . The Enterprise will ship Customer the order once the copy has been received.

6.3 Debit / Credit card

Payment can be made using debit, credit and prepaid cards Visa, MasterCard, Maestro.

6.4 PayPal

The Customer can pay using his/her PayPal account. He/she can use PayPal credit, or attach a bank card to his/her PayPal account.

When the Customer selects this payment option, he/she will be redirected to PayPal to complete the payment. He/she will receive an email notifying him/her of the order completing.

The Customer can pay using Paysafecard Mastercard via PayPal. To do this, he/she will need to first attach the Paysafecard MasterCard to his/her PayPal account. More information about the procedure can be found on the Paysafecard website.

6.5 Stripe 

The Customer can pay using a bank card via Stripe, the Enterprise card payment processor. By selecting Stripe, Customer can pay with Visa, MasterCard, American Express, JCB, Discover and Diners Club. This includes debit, credit and prepaid cards.

The Enterprise accepts Paysafecard MasterCard, but only via PayPal. For details, see the PayPal guide above.

Any products delivered, remain property of the Enterprise until the final, full and complete execution of payment of the purchase price

  1. RETURNS & REFUNDS

7.1 Product return policy

The Customer has the right to withdraw from the purchase within 14 days from the date of receipt of the product, in accordance with the template set forth at the end of this present, in which case the provisions of Law 2251/1994 as in force apply.

The goal of the Enterprise is to offer full satisfaction regarding the Customer’s experience with the website and services. If the Customer is not satisfied with the order, he/she can arrange for a return and refund. The Customer needs to inform the Enterprise by e-mail about his/her intention to return the order within 5 days of receiving the purchase. Returns notices received outside of this time or without notice may be rejected by the Enterprise’s team.

All custom-made orders are unique and non-returnable.

To arrange a return, the Customer needs to:

Notify our team by e-mail about your intention to return the order. Email: art@mamushgallery.com . His/her request will be processed within 72 hours and he/she will receive an email informing that the replacement is under production or the refund is being processed.

The following conditions must be met for accepting and processing the refund:

  1. The item in question must be unused and in re-sellable condition
  2. A copy of the sales receipt that the Customer received upon the delivery must be included.
  3. Products must be returned to the original packaging that was shipped to ensure that the products are received without damage.
  4. The rightful, according to each case, return intervals, must be followed.

If the conditions are not collectively duly met, the Enterprise will notify the Customer by an e-mail. In such a case, Customer has the option to collect products at his/her own expense. If Customer refuses to collect them, the Enterprise reserves the right to keep the products as well as the amount paid out of the original order.

If the item(s) is/are damaged by external factors the Enterprise will cover the shipping costs. If that's not the case, the Customer is strongly advised to return the item(s) via a trackable method.

The Enterprise shall not be burdened by any returning costs. Those are borne by the Customer.

If the Enterprise is liable for a defect, the Customer is entitled to demand, without charge, replacement of the product with another. The Enterprise has to make a replacement in a reasonable time.

In any case where Customer finds a defect, it is possible to contact the online store immediately after delivery on the same day or the next business day at art@mamushgallery.com .

If a product is declared as defective by the Customer, the Enterprise is expressively reserved for the diagnosis of the product as defective.

LIMITATION OF LIABILITY: The Enterprise does not provide a guarantee, nor does it guarantee protection for a suitably sold product for any particular purpose.

7.2 Refund policy 

The Enterprise’s purpose is to evaluate and accept returns within 3 business days of arriving at the warehouse. After the Customer’s refund is accepted, an e-mail confirmation will be dispatched about the process the refund.

The payment may take up to 10 business days, according to the Customer’s Bank’s policy. The Enterprise can only process returns to the original purchase card.

The Customer’s refund will be less than any shipping charge charged at the time of purchase.

For non-EU customers, duties and other taxes will not be refunded. The Customer needs to contact local authorities for more information on these refunds. 

  1. PHOTOGRAPHY

The photos that show the products in the Enterprise’s online store are as close to the real product as possible.

The photographs in this site are subject to copyright law and as such may not be used by anyone and for any cause without written authorization.

  1. FINAL PROVISIONS 

E-commerce contracts are governed by European and Hellenic law, in particular by legislation regulating issues related to e-commerce, distance selling and consumer protection. Similarly, the site has been created and controlled by the Enterprise in Athens and the Hellenic Legislation will guide the use of the site and its interpretation. If the User chooses to access the site from another country, he has the responsibility to follow the laws of that country.

Any dispute arising out of the contractual relationship between the Enterprise and the Customer will be settled by the competent Courts of the city of Athens, Greece.

The protection afforded by the provisions of the Law on Distance Contracts, as well as these terms, is emphasized that they apply to transactions only with natural persons who deal for purposes other than their commercial, craft, business or free trade activity.

If any part of the sales contract under these terms is found to be invalid or unenforceable by a court order, the rest of the contract will continue to apply.

The Enterprise may conclude an agreement for the assignment of its obligations to a suitable third party.

The Customer will not be entitled to assign or transfer his rights or obligations under the sales contract to a third party.

All notifications must be made in writing (by e-mail).

These terms serve to inform the term 3b of Law 2251/1994.

TEMPLATE- withdrawal form

(fill in and return this form only if you wish to withdraw from the contract)

 

To the Enterprise e-shop

I hereby disclose the withdrawing from my contract of sale of the following goods ……

Ordered on ………….… and received on ……………..

Consumer name:

Consumer Address:

Signature of consumer:

Date