User Agreement FemmeFanatique.com
This User Agreement along and all policies and additional terms posted in this website in all its versions (desktop, mobile and/or others), our applications, tools and services (collectively described hereafter as "Services") set out the terms on which Femme Fanatique offers you access to and use of our Services. All policies, some of which you may also find elsewhere throughout our websites and applications, are incorporated into this User Agreement. You unreservedly agree to comply with all of the terms of this User Agreement when accessing or using our Services.
The entity you are contracting with is:
FEMME FANATIQUE ΑΙΜΙΛΙΑ ΚΑΝΤΑ ΚΑΙ ΣΙΑ Ο.Ε.
ΕΜΠΟΡΙΑ ΥΠΟ∆ΗΜΑΤΩΝ & ΑΞΕΣΟΥΑΡ
ΚΑΡΝΕΑ∆ΟΥ 12, Τ.Κ. 106 75, ΑΘΗΝΑ
Α.Φ.Μ.: 800611716, ∆.Ο.Υ.: ∆’ ΑΘΗΝΩΝ
FEMME FANATIQUE AIMILIA KANTA & CO - O.E.
KARNEADOU 12, 106 75 - ATHENS / GREECE
VAT: EL800611716, TAX OFFICE: D' ATHINON
In this User Agreement, this entity may be referred to as "femmefanatique," "we," or "us."
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved.
2. About Femme Fanatique
Femme Fanatique is an e-commerce store that allows users to buy any of the merchandise, products and/or services we feature on it. We reserve the right, in the interest of expanding our client reach as much as possible, to list our products and/or services in other marketplaces as well (e.g. on eBay or similar online or offline services). The terms featured in this agreement are valid wherever we have established presence as sellers and these terms appear, unless superseded by other terms (e.g. the broader terms of service of a hosting marketplace, such as eBay).
3. Using Femme Fanatique
In connection with using or accessing our Services you will not:
breach or circumvent any laws or third-party rights;
use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you;
take any action that may undermine the feedback or ratings systems;
transfer your account and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Femme Fanatique or the interests or property of users;
use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Femme Fanatique;
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
export or re-export any Femme Fanatique application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Femme Fanatique. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Femme Fanatique or someone else;
infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
commercialize any Femme Fanatique application or any information or software associated with such application, except with the prior express permission of Femme Fanatique;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures we use to provide the Services.
If we believe you are abusing Femme Fanatique and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
The fees we charge for using our Services or buying our products are listed in spots in the pages featuring our services and products, as appropriate. We may change our fees from time to time by posting the changes on the Femme Fanatique site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
You must insert a payment method during the checkout of the buying process when buying through Femme Fanatique Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you may be subject to late fees. Femmefanatique may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Femme Fanatique reported to a credit bureau (i.e., Experian, Equifax, TransUnion or Schufa) please contact us at Karneadou 12, 106 75, Athens - GREECE. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Femme Fanatique account, you must contact the collection agency directly.
5. Purchase Conditions
When buying an item, you agree that:
You are responsible for reading the full item listing before placing an order;
You enter into a legally binding contract to purchase an item when you order an item.
When providing content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against Femme Fanatique, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Femmefanatique takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties unless it is in relation with products manufactured in-house, by us. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data.
The name "Femme Fanatique" and other Femme Fanatique marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Femme Fanatique in Greece and other countries. They may not be used without the express written prior permission of Femme Fanatique.
7. Authorization to Contact You; Recording Communications; Analyzing Message Content
Femme Fanatique may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Femme Fanatique may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. If you do not wish to receive such communications, you may change your communications preference at any time, by clicking here.
8. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services as there may be reasons affecting the availability of our systems beyond our control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
the content provided (directly or indirectly) using the Services;
your use of or your inability to use our Services;
pricing, shipping, format, or other guidance provided by Femme Fanatique;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing or linking to our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any Femme Fanatique Service;
a suspension or other action taken with respect to your account.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You will indemnify and hold us (including any affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Femme Fanatique's Services or your breach of any law or the rights of a third party.
10. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FEMMEFANATIQUE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Femme Fanatique agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Femme Fanatique (including any claim or dispute between you and a third-party agent of Femme Fanatique) that relates in any way to or arises out of this User Agreement, your use of or access to the Services, the actions of Femme Fanatique or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the laws of Greece.
Unless you and we agree otherwise, you agree that any claim or dispute that has arisen or may arise between you and Femme Fanatique must be resolved exclusively by a state court located in Athens, Greece. You and Femme Fanatique agree to submit to the personal jurisdiction of the courts located within Athens, Greece for the purpose of litigating all such claims or disputes.