1. Acceptance of Terms
You are expected to check this page from time to time to take notice of any changes MACAWWAVES has made, as they are binding on you.
2. Use and Restrictions
The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.
For residents of Korea or those accessing the site from Korea, you must be 19 years of age or older
For EU residents only: If accessing the Sites from outside of the EU (excluding the UK), Norway and Switzerland, the Contents on the Sites are displayed solely for the purpose of promoting MACAWWAVES’ products available within the European Union (excluding the UK), Norway and Switzerland.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “TRADEMARKS”) that appear on the Sites and Apps are proprietary to MACAWWAVES or such TRADEMARKS’ respective owners. You may not display or reproduce the TRADEMARKS other than with the prior written consent of MACAWWAVES, and you may not remove or otherwise modify any trademark notices from any Content. The TRADEMARKS are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of MACAWWAVES or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MACAWWAVES.
5. Copyright and Trademark Infringements
MACAWWAVES respects the intellectual property rights of others, and we ask you to do the same. MACAWWAVES may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please contact us immediately and provide us with the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit MACAWWAVES to locate the material.
- Information reasonably sufficient to permit MACAWWAVES to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MACAWWAVES’ agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:
Subject: COPYRIGHT & TRADEMARK
ATTN: LEGAL DEPARTMENT
Macaw Waves INC
Chr.Pipsou 2 str.
6. Your Account
If you purchase products or services through your account using the Sites and Apps, you must establish an account with MACAWWAVES. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password.
You agree to immediately notify MACAWWAVES of any unauthorized use of your password or account or any other breach of security by contacting MACAWWAVES. We have the right to disable any account or password at any time, for any reason.
7. Terms of Sale
All product sales from the Sites and Apps are governed by any terms of sale that may be posted on the Sites and Apps. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in MACAWWAVES’ sole discretion so you should review the terms of sale each time you make a purchase.
- With Cash On delivery – With this method you can pay the courier courier immediately after delivering the products to your place.
- With Credit Card – Using your credit card, we give you the ability to complete your order within seconds. Through the new dynamic platform of our page we provide free of charge credit card payment service.
For shipmepnts within Greece no fares apply. Shipping is free for all orders.
For shipments abroad (outside Greece), shipping costs are:
- 15,00 euros for simple shipments (delivery on 4-5 working days)
- 35,00 euros for express shipments (delivery on 1-2 working days)
8. Electronic Communications
You consent to receive electronic communications from MACAWWAVES either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.
9. E-Shop Terms-Returns
MACAW WAVES accepts replacements on merchandise within fourteen (14) days of the delivery confirmation date.
Before shipping any items for return, please contact us by sending an e-mail at firstname.lastname@example.org, explaining the reason of the return.
You may send an order back for an exchange with another size of the same item. Change of size is available for products on sale too but only on condition that there is stock available.
MACAW WAVES will accept products back only in the original condition, unworn, with original tags and receipt and accompanying accessories such as the hydrophobic beach pouch (if applicable). For any items returned that are not in this condition, the return will be denied and the merchandise will be returned to you.
Return shipping costs are the customer’s responsibility. In case of faulty items, MACAW WAVES will cover shipment costs (it will be necessary to show the flaw by means of a photo). Please return the items with the same carrier that shipped the merchandise to you.(i.e. ELTA Courirer).
The address for the return is:
CHRISTOU PIPSOU 2
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a “SUBMISSION”) and through the services available in connection with the Sites and Apps, and that you, and not MACAWWAVES, have full responsibility for each such SUBMISSION you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership.
Before making a SUBMISSION, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to MACAWWAVES. You represent that the posting and use of your SUBMISSION on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post.
You represent and warrant that: (i) you own all SUBMISSIONs posted by you on or through the Sites and Apps or otherwise have the right to grant the Licenses to MACAWWAVES set forth in this section, and (ii) your SUBMISSIONs is accurate and not misleading and (iii) the posting of your SUBMISSIONs on or through the Sites, Apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any SUBMISSIONs posted by you to or through the Sites and Apps.
When submitting Submissions to or otherwise using the Sites, Apps and/or the services, you agree not to, without limitation:
• use the Sites and Apps in a manner that uses technology or other means to access the Sites and Apps, or other content that is not authorized by MACAWWAVES;
• use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
• take any action that imposes or may impose (in MACAWWAVES’ sole discretion) an unreasonably or disproportionately large load on MACAWWAVES’ infrastructure;
• attempt to gain unauthorized access to MACAWWAVES computer network or user accounts;
• encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
• attempt to damage, disable, overburden, or impair MACAWWAVES servers or networks;
• fail to comply with applicable third party terms;
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• use racially, ethnically, or otherwise offensive language;
• discuss or incite illegal activity;
• use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• post anything that exploits children or minors or that depicts cruelty to animals;
• post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
• disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
• use any robot, spider, scraper or other automated means to access the Sites or Apps; and
• alter the opinions, goals, profiles or comments posted by others on the Sites and Apps.
This list of prohibitions provides examples and is not complete or exclusive. MACAWWAVES reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or Apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that MACAWWAVES determines is inappropriate or disruptive to this Sites and Apps or to any other user of the Sites, Apps and/or services. MACAWWAVES may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MACAWWAVES’ discretion, MACAWWAVES will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, Apps or on the Internet.
MACAWWAVES takes no responsibility and assumes no liability for any SUBMISSIONs posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, MACAWWAVES is only an e-shop and is not liable for any statements, representations, or SUBMISSIONs provided by its users in any public forum or personal home page.
These prohibitions do not require MACAWWAVES to monitor, police or remove any SUBMISSIONs or other information submitted by you or any other user.
MACAWWAVES prohibits crawling, scraping, caching or otherwise accessing any content on the Sites and Apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with MACAWWAVES’ express consent).
It is MACAWWAVES’ policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, MACAWWAVES does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that MACAWWAVES is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, MACAWWAVES reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.
13. Links to Third Party Websites
The Sites and Apps may contain links to websites and other resources operated by third parties other than MACAWWAVES. Such links are provided solely as a convenience to you. MACAWWAVES does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
14. Linking to the Sites
15. Viruses, Hacking and Other Offences
You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
16. Warranties and Disclaimer
THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACAWWAVES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. MACAWWAVES THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MACAWWAVES RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.
We have made every effort to display, as accurately as possible, the colours of the products that appear on this Website/App. However, the actual colours you will see may depend on your device settings. We cannot guarantee that your device will accurately display these colours. Thus, please note that the print layout and color on the final product may vary slightly from the image shown on the product’s page.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, MACAWWAVES MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, MACAWWAVES WILL CONTACT YOU TO ARRANGE FOR A PROVISION OF CREDIT AGAINST FUTURE PURCHASE.
17. Limitation of Liability
MACAWWAVES AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS APPLIES WITH THE EXCEPTION OF SUCH LOSS OR DAMAGES BEING CAUSED DIRECTLY BY MACAWWAVES’ FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
You agree that any claim you may have arising out of or related to your relationship with MACAWWAVES must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
18. Governing Law
21. No Partnership
22. Entire Agreement
QUESTIONS OR CONCERNS
If you have any concerns about material which appears on this Website, please contact us by emailing us at: HELLO@ MACAWWAVES.COM or by writing to us at:
ATTN: LEGAL DEPARTMENT
Macaw Waves INC
Chr.Pipsou 2 str.
Last edit of this text: 26/3/2019