Terms of Use

General

The use of the website and services of www.penga.gr by visitors/users signifies their unconditional acceptance of the following terms of use, which apply to the entire contents of the website. Consequently, visitors/users must read these terms carefully before making use of the website’s services and if they do not agree, must not use the website’s services and content. Visitors/users are kindly asked to monitor the content of these terms of use for eventual changes. Continued use of www.penga.gr even after any eventual changes shall signify unconditional acceptance of these terms by visitors/users.

1. General Terms

The website www.penga.gr is the official online store of the company SPYROS CHR. PENGAS AND CO GENERAL PARTNERSHIP with TIN 092275640, G.E.MI. no. 057222504000, and activity the sale of “handmade rugs”. The company is headquartered in Thessaloniki (19, Proxenou Koromila St., 54623, phone no. +30 2310286482), henceforth “the Company”.

The standing purpose of the Company is to best serve its customers. This online store (e-shop) offers to both our customers and all internet users the opportunity to access direct information about our Company’s products, to make their purchases online, and to create a user account that will facilitate their purchases.

2. Intellectual Property

The entire contents of the pages that are posted on the website www.penga.gr, including images, graphics, photographs, designs, texts, provided services, and products constitute the intellectual property of the Company and are protected by the relevant provisions of Greek Law, European Law, and international conventions. Any copying, analogue/ digital recording and mechanical reproduction, distribution, transfer, downloading, processing, resale, creation of labour production, or misleading of the public regarding the true provider of the website’s contents, is forbidden. Any reproduction, reissuing, downloading, announcement, dissemination or transmission, or any other use of the contents in any way or by any means for commercial or other reasons is permitted only with the written permission of the Company, or of any other legal beneficiary of the above intellectual property rights.

The names, images, logos, and distinguishing features that represent the Company are exclusive marks and distinguishing features of the Company and are protected by Greek, European and international law on trademarks and industrial and intellectual property and unfair competition. In any case, their appearance and display on the Company’s websites must not be construed in any way as a transfer or concession of license or right to use them.

3. Policy on Personal Data Protection

Natural persons who visit the website www.penga.gr (users) may navigate through its pages and use its services and its contents either as guests or as registered users, and the present policy shall apply to the processing of their personal data because of this access. Users of our website are requested to provide their personal data only if they wish to order product(s), to register with our website, and/or to send an email message to www.penga.gr.

The website www.penga.gr collects two types of user data: (1) data provided by the users themselves when they register as customers, and (2) data provided by users in order to complete their order on the Company’s website, www.penga.gr.

3.1) Lawfulness and Purposes of Processing, Updating of Data

The Company is the personal data controller for visitor/registered user data, and it controls data processing which complies with the General Data Processing Regulation 679/2016/EU (GDPR).

The Company hereby notifies users of its website of the following:

3.1.a) The Company’s legal basis for processing of user data for the purposes of navigating the contents and making online purchases on its website, www.penga.gr, is the following:

– Performance of a contract (article 6.1.b GDPR): In order to accomplish the purpose of executing a remote sale contract or in order to take steps at the request of the data subject prior to entering into a contract and, in particular, so that users may be able to place their orders on www.penga.gr, it is necessary to process personal data provided by the data subject during registration and order placement on the order placement form, and to record and monitor the data subject’s transactions. The purpose of this basic data processing for every data subject is the completion of each specific order, communication and transmission of informational messages regarding the stages of order execution, the provision of clarifications regarding the order, and in general analysis and information about orders placed by the data subject, delivery of the order to the specified address, confirmation and identification whenever necessary, and notification of the data subject about available stock per product on www.penga.gr. Furthermore, facilitating data subjects by establishing a user account with already completed invoicing and delivery data, information about their purchases, and management of their communication with the Company.

– Legitimate interests (article 6.1.f GDPR): Some form of personal data processing is necessary to improve the Company’s services, identify fraud or abuse attempts, and potential cooperation with judicial and regulatory authorities. Also, for the provision of information via telephone, mail, email, mobile phone message (SMS), or any other opportune means of communication at the data subject’s contact information, which has been legally collected in the context of using www.penga.gr, about the Company’s products and services in the framework of the transactional relationship (article 11 §3 of Law 3471/2006) and provided the user does not object to such communication. Such information may include information about the Company’s products and/or offers and/or contests, communication for carrying out surveys to improve the products and services offered to users, as well as other promotional activities and for other similar purposes.

– Legal obligation (article 6.1.c GDPR): some user data is collected for compliance with legal obligations that the Company is subject to, such as tax and accounting purposes.

3.1.b. Every data subject has the right to access, rectify, and update the personal data that they provide to the Company; for improved service, they must notify the Company as soon as possible about any changes to the personal data they provided when registering with the Company’s online store.

3.2) Processing of personal data – Rights of guests/registered users

1. a) Personal Data Processing: In the event of an online purchase, the Company shall process the user’s personal data as these are provided by them when creating a user account and/or on the order form in order to complete an order on the online store. Online store users provide their personal data in order to place online orders and complete online purchases. The personal data of any user who creates a user account on our online store will be collected and stored by the Company until said user requests their erasure. Users can amend or rectify their personal data at any time by logging into their account at penga.gr (login) with their username and password.
2. b) Types of Personal Data: In particular, the personal data that each user must provide in order to complete any transaction on the Company’s online store (penga.gr) and to place orders for products are the following: full name, delivery address for the products, billing address for the order (if different from the delivery address), invoicing information (if an invoice is required), contact phone number, and email address.

In addition to the above, the Company also collects and stores the following personal data: order history, visit frequency, products in the cart or in the wish list, participation in promotional activities.

If a user requests delivery of products to a third party other than the user, the user must be aware that they shall be solely responsible for notifying and getting consent from said third party who is named as recipient, for the notification of their personal data to the Company for the sole purpose of delivery to them of the products in question, and the user shall be solely and fully liable for any claims by said third party against the Company.

Our online store www.penga.gr guarantees absolutely safe transactions. Your credit card transactions are encrypted.

The Company through its website www.penga.gr does not collect credit card data when the selected payment method is by credit card. In this case, the user is automatically transferred to the bank’s online platform and the credit card transaction is carried out by the bank. Credit card data are transmitted encrypted. Encryption is carried out via the SSL (Secure Socket Layer) protocol, which is the most widely used globally. The Netscape Navigator, Internet Explorer, Mozilla Firefox, Opera, Safari browsers support the SSL protocol, and it is recommended to use one of them to access www.penga.gr.

Users are also notified that, in order for the Company to contact them, in the context of article 11 §3 of Law 3471/2006, it processes contact information provided by users. Furthermore, when users are sent updates via SMS/Viber/email, etc. about changes in the terms of use of www.penga.gr that include a hyperlink, the IP address of the user’s device (mobile phone, tablet, computer, etc.) may be recorded as proof that the user has received the notification.

1. c) Data Recipients: For data that is required to fulfil each of the above processing purposes and in the framework of each recipient’s responsibilities, the recipients of users’ data may be:

• the Company’s competent employees,
• the tax and audit, supervisory and independent authorities in the event of a relevant audit.

In entering, accessing and/or processing users’ personal data, the Company’s employees are bound to comply fully with the provisions of the EU General Data Protection Regulation 2016/679, as well as with Greek Law on personal data protection. The Company requires that its employees, the persons who maintain its website, as well as its third-party associates, must implement every necessary technical and organizational measure (including appropriate policies and procedures to prevent the disclosure of its users’ personal data that they process, and they have adopted and implement processes for personal data management and processing that are lawful, and the data are protected according to the GDPR).

1. d) Data Subjects’ Rights: Users, as data subjects, may exercise their rights at any time as provided by the General Data Protection Regulation 679/2016/EU and especially in articles 12 through 23 therein, and by national law, and in particular:
2. the right to information and access to the personal data processed by the Company,
3. the right to restrict the processing of their data,

• the right to rectify, or obtain the erasure of, part or all of the personal data (“right to be forgotten”),

1. the right to object, i.e., to right to oppose the processing of their personal data, and
2. the right to data portability.

These rights may be exercised as follows:

For the right to access, partial or total erasure, and rectification/supplementing of personal data, the Company provides users of www.penga.gr the option to view, rectify, or supplement their personal data through their personal account on www.penga.gr, or to request access, total or partial erasure and rectification of their data via email addressed to galeriedpenga@gmail.com.

In any instance that any of the above rights is exercised, the Company shall make every effort to satisfy the request within one (1) month from when it is submitted. In such cases, the data subject shall be informed that the necessary minimum of their personal data shall be stored to ensure the Company’s legal interests. It is specified that for the exercise of the above rights to be considered valid, the requesting party may need to provide proof of identity, in order to ensure that the personal data for which one of the above actions is requested are indeed the personal data of the natural person requesting the specific action.

1. e) Personal Data Storage Limitation: a user’s personal data shall be stored until said user requests the erasure of their account. However, some necessary personal data regarding purchases as well as notification about data processing may be kept as user information to ensure proof of the legality of data processing by the Company and to ensure the parties’ legal claims. Data collected because you contacted the Company either via the online contact form on penga.gr or through email or via telephone are anonymized two (2) years after the contact date.
2. f) Special Categories of Personal Data: For the purposes of this processing, the Company does not collect nor requires the disclosure of sensitive personal data (special categories of personal data).
3. g) Transparency Obligation: For any other information regarding personal data processing and protection, any data subject may contact the Company’s Data Protection Officer by email at galeriedpenga@gmail.com and by phone at +30 2310 234109. If such data subject is not satisfied by the answer or, in general, by the way in which the Company collects, processes, and manages personal data, they are hereby notified that they have the right to file a complaint with the competent supervisory authority (Personal Data Protection Authority, www.dpa.gr, 1-3 Kifisias Ave., P.C. 11523, Athens, phone no. +30 210 6475600, email: complaints@dpa.gr).
4. h) Technical and Organizational Measures of Protection: The Company, those processing data on its behalf and its agents are contractually bound to implement appropriate measures for the best possible protection of personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, and in general unlawful processing (including remote access), as well as to ensure the possibility of restoration of availability and access to the data. Such measures are intended to ensure a level of security that corresponds to the potential risk for such data, taking into consideration the type and importance of the data, technological developments, implementation costs, and the nature, scope, framework, and purposes of each specific processing, while at the same time implementing procedures for the frequent testing, assessment, and evaluation of the effectiveness of these technical and organizational measures. In any event the Company, those processing data on its behalf and its agents are contractually bound to preserve the confidentiality of personal data and not to disclose them nor allow access to them to any third party without the prior notification of the data subject, except in cases that are explicitly provided by law.

The Company states that there shall be no other use of users’ personal data for purposes other than those cited in these terms of use with the data subject’s notification and, where required, their explicit consent.

4. Cookies Policy

We use cookies on our website.

The Company implements a strict policy to protect the privacy of users of www.penga.gr. In this policy we provide more information about how we use cookies and other automated means to collect specific information about visitors to our website, such as the number of visitors to our website through any given browser and the device used. By collecting this information, we learn and adapt our website and our advertising to our users’ preferences.

Cookies and Other Automated Means of Data Collection

Cookies are small files that are stored in your device using any browser whenever you visit any website. Cookies are used to provide information, e.g., about whether you have visited our website in the past or you are a new visitor, and to help us track our website’s features that may interest you the most. Cookies can improve your online experience by storing your preferences, as you visit a specific website.

Cookie functions

Depending on their type, cookies measure traffic to the website, record the number of visitors, the language, time, entry, geographical origin, device identifiers (e.g., operating system, screen resolution), keywords you used, entry attempts, etc. Some cookies are personalized and others are not. Some cookies are technically necessary while others serve commercial and promotional purposes.

Types of Cookies

There are different types of cookies: functional, technical, user ID, advertising, etc. The cookies of a website are installed by the website you are visiting and can be read only by that website. If the website utilizes external third-party services, then their cookies are also installed in your devices (the so-called third-party cookies) (Google Analytics, Facebook, etc.). Permanent cookies are those that are stored in your device and are not deleted when close your browser. Session cookies are those that are deleted when you close your browser. Every time you visit our website you will be asked to accept or reject cookies. If you choose to accept them, our website will store your preferences (such as username and language) for a set period of time. In this way you will not have to enter these preferences again when you navigate our website during the same visit.

Legal Status for Cookie Use and Storage

The storage and use of cookies are regulated in particular by law (article 4 par. 5 of Law 3471/2006, which incorporated Directive 2002/58/EC on ePrivacy), which is expected to be substituted by a Regulation (ePrivacy Regulation), so changes may be made to this policy. Each website is entitled to store such cookies only if you, as the user, actively provide your explicit consent (opt-in) according to the GDPR 2016/679 and the guidelines of the Greek Personal Data Protection Authority, after you have been provided with clear and precise information about such storing, its purpose, the consequences of refusing cookies on user experience, the purpose of processing, exercising the right to access, and any data recipients. Such consent may be given through appropriate settings on your web browser or through another application. For this purpose, we provide the following detailed information.

Checking and Deleting Cookies

You can check and/or delete cookies at your discretion. You can delete all cookies already on your computer and you can set up most browsers to not allow cookies. However, in that case, you may have to manually adjust your preferences every time you visit a website, and some functions may not work (e.g., stored login data, website preferences). This policy will be updated frequently so as to incorporate the guidelines of Supervisory Authorities and the most recent legislative and judicial developments. Last revised: November 2020.

5. Security – Registered Users

The SSL (Secure Sockets Layer) protocol is currently the global internet standard for certifying websites to online users and for data encryption between web clients and web servers. An SSL-encrypted communication requires that all information sent between a client and a server be encrypted by the sending software and decrypted by the receiving software, thus protecting personal data during transmission. Furthermore, all information sent with the SSl protocol are protected by a mechanism that automatically checks whether the data have been altered in transit.

Additional personal security is provided by the password that you choose when you become a registered user of the Company’s website, www.penga.gr.

In order to be given access to your account and to view any personal data, you must first provide your username and password. For this reason, you must keep your login information protected from third parties. We also advise you to create passwords by combining symbols and alphanumeric characters. Users are hereby advised that the Company shall not be liable in any way foe the unauthorized use of your account with www.penga.gr that is due to the registered user’s actions or omissions.

All transactions made on www.penga.gr are governed by Greek and European Law that regulates e-commerce matters, as well as by the Law on Consumer Protection (2251/1994), which regulates matters of remote sales.

6. Provided Information & Products

The Company is responsible for the accuracy, truth, and comprehensiveness of the information presented on the online store, in regard to the Company’s identity and the transactions provided on the online store. The Company, in the context of good faith, is not liable and not bound by registrations of electronic data that were made accidentally/inadvertently on the basis of common experience and is entitled to proceed to rectify such errors whenever it is made aware of them.

7. Product Orders and Consumer Protection

Orders on the online store www.penga.gr constitute remote sale contracts which are governed by the legal framework of Law 2251/1994 (as is currently valid) and the amendments cited in P.D. 131/2003 (GG A’ 116/16.05.2003) and in Decision 31619 (GG 969/22.3.2017), as well as by the adjustment of Greek Law to Directive 2011/83 of the European Parliament and the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, which was published in the Official Journal of the European Union with number L 304 on 22.11.2011, as it entered into force on 13/06/2014.

Users have the right to pace a valid order on the online store provided they are legally competent in keeping with the provisions of the Greek Civil Code (provide they are 18 years of age and are not under guardianship for the conclusion of a sales contract). Orders may also be placed by the legal representatives of legal persons. The Company reserves the right to claim, from the supervisor or guardian, the return of any orders that are placed by persons not legally competent.

8. Prices of Sold Products

The prices listed on the relevant lists under each product are inclusive of VAT (24%), and the Company reserves the right to adjust the prices of goods.

9. Payment Methods

The following are the methods available for payment of the selected products on the www.penga.gr online store:

9.1) Bank Account Deposit

Deposits are made to the Company’s bank account as follows:

Eurobank   GR6302600300000990200961301

The customer must notify the online store about the deposit by email at galeriedpenga@gmail.com or by phone at +30 2310 286 482.

9.2) Credit Card

When paying by credit card, customers may choose to pay in up to 6 interest-free instalments, provided the total sale amount is 250 euros or more.

9.3) Cash on Delivery, only in the Regional Unit of Thessaloniki. Cash on delivery is not acceptable as a payment method for orders to be delivered outside the Regional Unit of Thessaloniki.

Furthermore, on our website, www.penga.gr, you have the option to select whether your payment will be made against a retail receipt or an invoice. Invoices are issued to companies and independent professionals as long as they provide the following information together with their order: Company name, TIN, PFD, and (capacity) occupation for independent professionals.

10. Shipping

Products ordered by customers with a delivery address in the Regional Unit of Thessaloniki shall be delivered with our own means following arrangements by telephone, at no extra cost.

Deliveries are on weekdays between 9am and 6pm. Before each delivery, an appointment shall be made by telephone that is convenient both for the handling department of our online store, www.penga.gr (in regard to the total number of daily deliveries) and for the customer’s preference.

Products ordered by customers with a delivery address outside the Regional Unit of Thessaloniki that have a value of 900 euros or more shall be shipped via a haulage company that serves the customer’s region, in 3 to 7 business days, and the shipping costs shall burden our online store, www.penga.gr.

Products ordered by customers with a delivery address outside the Regional Unit of Thessaloniki that have a value of less than 900 euros shall be shipped via a haulage company that serves the customer’s region, in 3 to 7 business days, and the shipping costs shall burden the customer. Shipping costs must be paid upon delivery of the products, directly to the haulage company.

Our online store www.penga.gr shall notify the customer by email about the haulage company’s contact information as soon as the products are dispatched.

For foreign countries (EU countries), deliveries are made by courier service and the cost is calculated based on weight, volume, and delivery address.

It should also be noted that for deliveries made during holiday seasons (e.g., August, December) there may be delays in delivery times.

11. Force Majeure

If at any time, for reasons of force majeure (such as inclement weather conditions, strike, haulage vehicle breakdown, pandemic), it is not possible to deliver your order in the time period that we have committed to, we shall contact you to notify you and to ask whether you still want your order to be fulfilled.

12. Order Cancellation

For any order cancellation (partial or total) you must email galeriedpenga@gmail.com or call +30 2310 286482. You may cancel an order until we notify you that the order has been dispatched. After that time, it is not possible to cancel an order.

13. Returns

You have the right to return the products you bought without reason or penalty within 14 days from when you received them. In this case, you are only liable for the return shipping costs.

Returns are only accepted if the products are in the exact condition that you received them, accompanied by the receipt or invoice.

To avoid any inconvenience, you are kindly requested, upon delivery of your order, to carefully inspect the products in order to note any obvious defects (e.g., wrong product).

If you return products, depending on the payment method selected for your order and also on the method of reimbursement, the money you paid will be refunded to you within 30 days from the date when we receive the returned products.

Product Return Notification

If you wish to return products that you ordered, you must email us at galeriedpenga@gmail.com or call us at +30 2310 286 482.

Refund Options

If you decide to return the products you ordered, you may select how you will be refunded. The available options on our online store are the following:

Establish a credit balance valid for up to 12 months from the date of return, for any new purchase from our store in that period of time.

Cash refund: The refund method depends on the payment method you selected. The amount will be refunded to you either by cancelling the charge on your credit card, or by deposit in a bank account indicated by you.

Shipping of new product: This may be the same or similar to your original purchase, or you may choose some other product from our online store.

1. Returns from EU countries

If you wish to exchange a product for another in our online collection, we will cover the return shipping costs. If you are unable to find another product to exchange, you will unfortunately have to cover the return shipping costs. In this instance, the cost shall depend on the weight of your merchandise. We will send you a return shipping label via email along with instructions. Of course, you may ship the merchandise back using a haulage company of your choice, at your own expense.

1. Returns from non-EU countries

In the case of a return from a non-EU country, you will be liable for the return shipping cost as well as any eventual customs expenses. For returns from non-EU countries, we cannot arrange for the return with the courier company we collaborate with; however, our Customer Service Department can provide information and help you arrange the return shipping.

As soon as the merchandise is delivered to us, and provided it is in mint condition, we shall refund your money in the way you have selected (bank deposit, credit card refund, Paypal) within 30 business days.

Cash refunds are made for the value of the merchandise. Payments for additional services such as cash on delivery and express shipping are not reimbursed.

In any exchange, the new merchandise must be of equal or greater value than the merchandise being returned.

If a product is retuned that is part of an order placed under the current offer (e.g., 1+1, 50% off the second product), the offered discount shall no longer be valid, or it shall be adjusted according to the final number of products in your order.

Completion of Refund Process

The cash refund process shall be completed within thirty (30) days from the date when the returned product is received.

Return Cost

Our online store shall cover the return cost for merchandise only in the following instance:

• If the merchandise was delivered with a delay in excess of 15 days after the agreed delivery date (with the exception of force majeure cases).

In any other case, the return cost shall burden the customer.

14. Miscellaneous

If you have placed an online order and upon receipt you realize that there is a product or products missing from the total order, please contact us so that we may arrange all the necessary details and ship the undelivered products to you at no extra charge.

Amendment of the terms herein: The Company reserves the right to amend or renew the terms and conditions for transactions. The Company must update this text whenever there is any change or addition to the terms.

In the event of non-delivery of the ordered merchandise (and after a significant length of time has elapsed since the order was placed), please contact Customer Service at galeriedpenga@gmail.com.

15. Prorogation of Jurisdiction

These terms are valid for all users of the Company’s online shop, www.penga.gr, and they govern the relationship between the users and the Company. These terms shall be construed in accordance with Greek Law and for any interpretation or dispute between a user and the Company, the Courts of Thessaloniki have sole jurisdiction.