Preamble
This site is published by Vintage Toy Mania, a company having its registered office at Zefyron 1, 15342, Athens, Greece, registered with the Athens Registry of Trade and Companies under number 800513422.
It can be accessed by Internet at the following address: “www.vintagetoymania.com” (hereinafter the Site).
These general terms and conditions (hereinafter the “General Terms and Conditions of Sale”) govern without restriction the sales of products (hereinafter “Products”) made between Vintage Toy Mania and the Customers on the site www.vintagetoymania.com. Any order of a Product offered on the Site implies the Customer’s full acceptance of these General Terms and Conditions of Sale. They constitute, with the validation and confirmation of the order, the contract concluded between Vintage Toy Mania and the Customer.
Vintage Toy Mania reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the site. The General Terms and Conditions of Sale applicable are those in force on the site on the date the order is placed.
For any question or claim, the team of Vintage Toy Mania’s After-sales Service can be reached:
Per email: info@vintagetoymania.com
By telephone: +302130295931 (standard rate call), from Monday to Friday from 10 a.m. to 3 p.m. and Tuesday, Thursday and Friday from 5 p.m. to 8 p.m. UTC +02:00.
By post: Zefyron 1, 15342, Athens, Greece
Article 1. Purpose
These General Terms and Conditions of Sale govern the rights and obligations of the Parties resulting from the sale of Products offered on the Site.
The products purchased via the site www.vintagetoymania.com are sold through the company Vintage Toy Mania, which offers them, to non-trader individuals who operate for purposes which exclude any professional or commercial activity (hereinafter referred to as Customers).
The validation of these General Terms and Conditions of Sale, the order summary sent to the Customer by email and the Customer’s payment constitute proof of the conclusion of a contract between Vintage Toy Mania and the Customer, which will be governed by these Terms and Conditions. Customers must be of legal age and have the legal capacity to conclude such a contract, otherwise it will not be valid.
Article 2. Products
The Customer may purchase any Product presented as available and at the price indicated on the Site on the day he places his order. If, in spite of our vigilance, the Products are unavailable, Vintage Toy Mania will inform the Customer by email at the earliest opportunity and will offer him a suitable solution, in compliance with Article 3.4 below.
The offers of Products is available worldwide.
The Product descriptions summarize their aesthetic and technical characteristics. The photos of Products placed online on the Site are as faithful as possible to reality. However, the Customer understands and accepts that certain Products are created or made using processes which do not enable to obtain Products which are all exactly identical but which gives each one their own identity and look, which may vary significantly from one product to another and differ slightly from the photos placed online on the Site.
Article 3. HOW to Order Products
3.1 Registration on the Vintage Toy Mania Site
In order to place an order on the Vintage Toy Mania Site, each Customer must create a customer account by following the registration procedure and by providing the necessary information, which will be protected in compliance with Article 8 below.
The accuracy of the personal data provided by the Customer falls within his/her exclusive responsibility; in no event will Vintage Toy Mania check the reality of this information and may not in any case be held responsible if certain incorrect information hinders the proper execution of an Order or a delivery.
On the creation of his/her account, the Customer chooses a login and a password which will be specific to him to identify himself on the Site. He is solely responsible for keeping these elements confidential.
Using his/her identifiers, the Customer can access his/her account at any time (outside of temporary periods of maintenance of the Site) and place an Order, follow his/her Orders or deliveries in progress or manage his/her personal information.
The Customer will be bound by all Orders placed on the Site in his/her personal account (subject to the exercise of his/her right of withdrawal as provided in Article 7 below).
3.2 Placing the order
The Customer may place orders on the Vintage Toy Mania Site when he has entered his/her identifiers. He may add all Products identified as available to his/her shopping basket using the corresponding button, which will be indicated on the Site.
The shopping basket remains available and can be modified until the definitive validation of his/her purchase order by the Customer (hereinafter the “Order”).
Once the content of his/her shopping basket is validated, the Customer can confirm his/her Order by completing the following steps:
– Confirm the Products and the quantities selected;
– Complete all the information requested by the Site;
– Accept without reservation the General Terms and Conditions of Sale;
– Validate the payment, by clicking on the button indicated.
The validation of the Order constitutes acceptance of the prices and characteristics of the Products purchased on the Site, as well as of these Terms and Conditions.
The Customer is entirely responsible for the accuracy of the identification and delivery information he provides to Vintage Toy Mania by placing an Order on the Site. In the event of an error which may give rise to a delay in delivery, Vintage Toy Mania may not be held liable and any additional costs shall be borne by the Customer, in compliance with Article 5 below.
3.3 Confirmation of the order
Following the payment, a payment confirmation email summarizing the details of the Order is sent to the Customer, to the email address indicated on the transmission of his/her contact details, no later than 24 hours following acceptance of the payment.
The Order confirmation is recorded in the registers of Vintage Toy Mania, themselves kept on a reliable and sustainable medium. The Customer accepts that the Order confirmation is considered as proof of the contractual relations concluded with Vintage Toy Mania on its Site.
The Order will be considered as definitive and the contract between Vintage Toy Mania and the Customer concluded only on receipt by Vintage Toy Mania of payment of the price by the Customer.
Orders are shipped after confirmation of payment, every Tuesday and Friday.
Vintage Toy Mania reserves the right not to validate the Order on legitimate grounds and in particular in the event of:
• Abnormal or abusive claims from the Customer during his/her previous Orders;
• Abnormal or abusive exchanges and returns from the Customer during his/her previous Orders;
• Existing dispute(s) with the Customer.
3.4 Availability of Products
In the event of the unavailability of a Product after validation of the Order and payment, the Customer may, at his/her request:
• Either be delivered the Products which are available and reimbursed the amount, including taxes, of the unavailable Products in his/her order.
• Or cancel the entire Order and be reimbursed its amount, including taxes, including delivery costs.
• Or request the delivery of a Product of an equivalent quality and price, within the limit of available stocks.
The reimbursement will be made via the same payment method as the one used by the Customer to pay the amount of his/her Order, within thirty (30) days of the confirmation of the choice of the mode of compensation of the Customer.
Article 4. Price and PAYMENT
4.1 Calculation of the total price of the Order
The Product prices are indicated on the Site in USD $, including taxes, excluding delivery costs. The Value Added Tax is the one in force on the territory of Greece on the day of the Order.
The prices applied are those shown on the Site on the confirmation of the Order by the Customer.
The preparation and delivery costs are communicated to the Customer when he places his/her order and adjusted according to the place and address of delivery requested. These costs are borne by the Customer and are invoiced in addition to the sale price of the Products.For international shipments, all the customs procedures and possible costs remain at the exclusive charge of the Customer.
The price of the Products and the preparation and delivery costs are to be paid in cash and in full by the Customer when the Order is placed. They are indicated in the Order confirmation sent by Vintage Toy Mania to the Customer.
4.2 Terms of payment of the Order
The Customer pays his/her order with any acceptable payment method in compliance with the provisions of this article.
All payments by bank card are made via a secure platform accessible from the Vintage Toy Mania Site. The Customer warrants that he is the holder or authorised to use the payment card used when paying the Order. The payment order made by bank card may not be cancelled. The Customer’s bank account will be debited following a period of one (1) business day following the date of confirmation of the Order.
The payment will be considered effective after the bank’s agreement to debit the Customer’s bank account. The payment of the Order by the Customer is irrevocable, without prejudice to the Customer’s right to exercise his/her right of withdrawal.
In the event of the fraudulent use of his/her bank card with Vintage Toy Mania, the Customer is invited to contact Vintage Toy Mania on the number and during the reception hours indicated in the preamble of these Terms and Conditions.
The ownership of the Products is only transferred to the Customer after full payment of the price by the latter.
Article 5. Delivery of the order
The Products will be delivered to the Customer after validation of the payment of the Order, whatever the method. The Customer will be informed of the shipment of the Products by email. In the event where the Order includes Products whose availability dates differ from the time when the Order was placed, it will be shipped when all the Products are available, in a single dispatch.
5.1 Delivery method
The delivery of Products is carried out for all the countries worldwide by the Post Office services, by ELTA.
The products are delivered to the address indicated by the Customer when he places his/her Order on the Site. The Customer must check the completeness and the compliance of the information he provides to Vintage Toy Mania. Vintage Toy Mania may not be held responsible for any data entry errors or missing information and consequences in terms of delays or delivery errors. In this event or in the event a delivery person is unable to deliver, all the costs incurred for reshipping the order are entirely borne by the Customer.
Vintage Toy Mania may not be held responsible for delays in delivery due to errors or disturbances attributable to carriers (example: total or partial strike, in particular of postal services and means of transport and/or communications).
In case of delays, damage, total or partial losses of Products and/or of the Order, it is the responsibility of the Customer to exercise any remedy directly with the carrier in order that the latter assumes the responsibilities incumbent on it, and to inform Vintage Toy Mania at the same time. Vintage Toy Mania may not remedy any defaults in execution of the carrier which it does not want to assume, but may possibly, on a case-by-case basis, offer the Customer compensation if his/her claim is refused by the carrier.
5.2 Delivery periods
Delivery periods vary depending on the destination. A rough estimate which is not binding in any way is 10 – 12 business days for deliveries to Europe, 15 – 18 business days for deliveries to United States and 15 – 20 business days for the rest of the world.
In any event, all Products purchased on the Site will be delivered to the address indicated by the Customer when he places his/her Order within a maximum period of thirty (30) business days as of the day following receipt of payment of the Order.
However, the delivery may not be guaranteed in the case of a force majeure event as defined within the meaning of the case law of the Greek courts.
5.3 Receipt of the Order and reservations on delivery
A delivery is considered made when the Product is made available at the place of delivery agreed with the Customer when he placed his/her Order and, where applicable, with the carrier.
The provision of the Product is validated by the control and traceability system used by the carrier when this is applicable.
The transfer of risks of loss and damage of the Products will take place after the delivery and receipt of the Products by the Customer.
On the delivery of the Order, the Customer must verify the content and the condition of the Product(s). In this respect, upon delivery, Vintage Toy Mania advises the customer to check the condition of the Products delivered before signing the acknowledgement of receipt of the package on site, accompanied by carrier personnel.
If he finds any anomalies, he must refuse the delivery of the Products or issue precise, dated and handwritten reservations. In the event where the carrier refuses to allow the Customer to do so, the latter must notify the impossibility to indicate the condition of the Products in handwriting, signing and dating the delivery slip, then proceed with all the necessary reservations with the carrier. These reservations must be confirmed to the latter by registered letter with acknowledgement of receipt within three (3) business days following the delivery of the products. A copy must be addressed to Vintage Toy Mania by email to the following address: info@vintagetoymania.com.
The Customer will contact the carrier to obtain reimbursement of the damaged Products. Vintage Toy Mania may not compensate the Customer instead of and in place of the carrier, but may possibly offer compensation, in compliance with Article 5.1 above.
The compliance of the Products (and the corresponding warranty, if applicable) will be verified in compliance with Article 6 below.
5.4 Withdrawal of the Products in the event of the absence of the Customer
In the event of the absence of the recipient on delivery, the carrier will leave notice of passage at the delivery address indicated by the Customer. The Products must be collected at the address and according to the modalities indicated by the carrier. In the event of non-collection within the deadlines provided by the carrier, the Products will be returned to Vintage Toy Mania who reserves the right to cancel the Order and to reimburse its price to the Customer, with the return transport costs remaining at the Customer’s charge.
Article 6. Warranties: compliance of products and hidden defects
The Vintage Toy Mania Site informs the Customer of all the aesthetic and technical characteristics of the Products offered for sale, in compliance with the information communicated by the makers of the Vintage Toy Mania Products.
Prior to each shipment of an Order, Vintage Toy Mania checks the Products to be delivered to the Customer in order to ensure that they comply with the Order actually placed by the Customer.
If the Customer was to find any lack of conformity or a hidden defect in the Products, he must immediately inform Vintage Toy Mania by registered letter or by email to the addresses which appear in the Preamble of these Terms and Conditions.
The Customer then undertakes to return the Product at his cost within seven (7) days following notification of the lack of conformity or hidden defect by a trackable service, accompanied by the delivery slip, to Vintage Toy Mania in its original packaging and in full.
When the non-conformity or hidden defect has been observed by Vintage Toy Mania, the Customer may choose the reparation he wishes to obtain from Vintage Toy Mania (repair of the Product, replacement or reimbursement of the price), unless this desire gives rise to a clearly disproportionate cost, taking into account the value of the Product or the significance of the defect, at no additional cost for the Customer.
Article 7. Right of withdrawal
The Customer has a period of withdrawal of thirty (30) days as of the date of receipt of his/her Order, to return the ordered Products without having to provide reasons or to pay penalties, with the exception, as the case may be, of return costs.
For any return within the framework of the right of withdrawal, the below procedure must be entirely followed:
• The Customer must first inform Vintage Toy Mania by e-mail.
• The Customer must attach the return slip previously requested from Vintage Toy Mania by email to his/her package. Without this slip, the return will not be admitted by Vintage Toy Mania.
• The Products must be sent in their original packaging, with any labels and accessories, in perfect condition for resale. They must not have been used, or damaged.
• The Products should be returned by a carrier with tracking to the Vintage Toy Mania business address.
• All returns must be made against request for signature otherwise the loss of Products during transport will not be taken into account.
• The return costs will be borne exclusively by the Customer.
If the above conditions are fulfilled, Vintage Toy Mania will reimburse the amount, including tax, of the Products returned (including delivery costs) to the Customer, in the same way as the Order was paid. In the case of payment by bank card on the Site, the Customer’s bank account will be credited by such amount. In any event, the reimbursement will be made no later than within thirty (30) days as of receipt of the Products returned by Vintage Toy Mania.
In the event of a breach of the conditions set forth hereabove, Vintage Toy Mania may refuse the return of the Customer and not proceed with a reimbursement. If the Customer requests in this case a reshipment of the products ordered, Vintage Toy Mania reserves the right to request the Customer to pay the costs for reshipping these goods. This amount corresponds to the one indicated on the Customer’s invoice.
Article 8 – Personal Data
In order to process Orders, Vintage Toy Mania collects certain personal information and data concerning the Customer.
Vintage Toy Mania has taken all the necessary precautions to ensure the security of its files and the protection of its IT system, and to prevent in particular that the Personal Information of Customers is distorted, damaged or that an unauthorized third party can access it.
This data is intended for internal use:
• for any action relating to the Customer’s order
• to communicate and personally inform the Customer according to his/her preferences
This data will also be transmitted to third parties and partner companies of Vintage Toy Mania, in particular to
• ensure the delivery of orders by its service providers and the after-sales service
• to carry out satisfaction surveys or investigations
• to communicate all activity statistics of the Site
Vintage Toy Mania may transmit the Customer’s Personal Information to third parties in the event of sale, transfer or assets, reorganisation or liquidation.
Furthermore, for the sake of better service, the Site collects certain information relating to the connection of each user on the Site or Customer on the Site, in the form of cookies (for example, storage of credentials or of Products previously added to the shopping basket). Each user or Customer may, at any time, delete any trace of his/her visit to the Site by deleting all the cookies in his/her browser which the Site may have collected.
Article 9: suspension or termination of the customer account
The Customer may at any time suspend or terminate his/her subscription to the Site, by sending a request to the Customer Service of Vintage Toy Mania via his/her account on the Site.
Furthermore, Vintage Toy Mania reserves the right to suspend or close the Customer’s account in the event of payment incidents or defaults.
Article 10: Intellectual Property
Vintage Toy Mania is the sole holder of the “Vintage Toy Mania” trademark along with all the figurative elements present on the Site.
Vintage Toy Mania is also the holder of the intellectual property rights on the Site and of the right to disseminate the Products which appear in the e-shop’s catalog and in particular the photographs for which it has obtained the necessary authorizations from the persons and authors concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the component elements of the Site, of the “Vintage Toy Mania” trademark or of the catalog, their use and their provision to third parties is formally prohibited.
Article 11: PROOF
The Customer is informed that the computer records, kept in Vintage Toy Mania’s IT systems in reasonable conditions of security, will be considered as proof of communication of orders and of the payments made between the parties.
The information delivered by the Internet Site will be taken as authentic between the parties. The filing of purchase orders and invoices is carried out on a reliable and sustainable support which may be presented as evidence, the probative value of which is the same as that granted to an original signed copy on paper.
Article 12: FORCE MAJEURE
The performance of the obligations of Vintage Toy Mania may be suspended in the case of a Force Majeure event, as defined by the case law of the Greek Courts, which may prevent such performance.
Vintage Toy Mania will inform the Customer of the occurrence of a force majeure event within seven (7) days of its occurrence. In the event where this suspension continues after a period of 30 (thirty) days, the Customer will have the possibility to terminate the Order in progress affected by the Force Majeure, and will then be reimbursed the price of the Products ordered and for the delivery costs paid.
Article 13: Entire Agreement
These General Terms and Conditions of Sale express the entire obligations of Vintage Toy Mania and of the Customer. No other general or special condition communicated by the Customer may be included or derogate from these General Terms and Conditions.
Article 14: Non-waiver
The fact that Vintage Toy Mania does not invoke a breach by the Customer of any one of its obligations may not be interpreted as a waiver of the obligation in question, and to invoke this breach at a later date.
Article 15: Severability
If one of several stipulations of these General Terms and Conditions of Sale is held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect.
Article 16: Dispute
These General Terms and Conditions of Sale are subject to Greek law, both for rules of substance and of form.
In the absence of an amicable agreement between Vintage Toy Mania and the Customer, the dispute will be brought before the competent courts.
Article 8 to 10 (Personal data / termination of the customer account / Intellectual Property) of these General Terms and Conditions of Sale also apply as Conditions of Use of the Site in the relationship of Vintage Toy Mania with any user of the Site who has not placed an Order.