TERMS OF THE WEBSITE USE
A. SCOPE
The present regulation sets out the rights and obligations regarding the use of the www.redblueguide.com website (including the other sub-domains) as well as the contractual relationship between Redblueguide.com and its members. Upon registration, the members accept the General Terms and reconfirm the agreement with these General Terms each time they enter as users on Redblueguide.com. In case of disagreement with any of the terms, they must relatively inform the Company and not proceed to the navigation and / or use of the Redblueguide.com services. Membership registration, site navigation and / or use of its services are considered as full and unconditional acceptance of the General Terms. At any time, without any penalty and unjustifiably Redblueguide.com reserves the right to partially or fully modify and / or to temporarily or permanently terminate the provision of its services without having any obligation to inform its members in advance.
Β. DEFINITIONS
1. Member: Upon registration with Redblueguide.com, i.e. entering the requested personal data and accepting the Terms of Use, the person concerned becomes a "Member". The registration and membership is free of charge, personal, non-transferable and non assignable. Each member bears sole responsibility and Redblueguide.com is exclusively and solely based on the member's own statements regarding their personal data as well as their status as a legal or natural person, as an individual, as a supplier / business or as a trader. The requirement for using Redblueguide.com services, either as a seller or as a buyer, is the membership registration and the unconditional acceptance of these General Terms.
2. Product: the offered thing, service or right by one member to another.
3. Seller: the member who posts a marketing offer for a product on the Redblueguide website.
4. Buyer: the member who acquires (buys) a product offered by a seller. .
5. Offer: the posting created on the seller’s own responsibility on the product's electronic sub-page for the placement of a product on Redblueguide.com, which is binding for the seller and which the buyer accepts when concluding the electronic contract. In particular, all postings are created made under seller’s the sole responsibility, who is accountable for the content he publishes such as (a) the correct and lawful description of the products; (b) the material and descriptions accompanying the product e.g., photographs, statements about the product properties, promotional messages, any connection to other websites - links etc), c) the specific purchase and sale execution context (eg delivery time, costs, expenses, payment etc ). Redblueguide.com does not adopt, accept, and is not responsible for the seller’s offers.
C. TRANSANCTIONS THROUGH REDBLUEGUIDE.COM
1. Objective
Redblueguide.com places www.redblueguide.com at the disposal of its registered members as an online platform for offering and acquiring products, services and rights (hereafter "Products") by the members themselves.
2. Redblueguide.com Legal status
Redblueguide.com is not a contractual party to the contracts concluded between the members for the products acquisition. Redblueguide.com, its agents, employees, and assistants are in no way responsible for the risks associated with the conclusion, routing and completion of transactions and are not at all liable for any damages resulting from the transactions.Redblueguide.com performs solely the technical, automatic and neutral storage of information and, in general, of the content posted by each member on its online platform.
Redblueguide.com as an intermediary for providing information society services does not have-according to the law for its provided services- a general obligation to check the information posted on its website by users / members or a general obligation to actively search for facts or circumstances that indicate that these are illegal activities. Each user / member is solely responsible for the legitimacy and the correctness of the content that they post. In any case, the users / members accept that Redblueguide.com is entitled (but not obliged), within the terms of use and the law context, to check the content posted by members either by automated means of control or following complaints or where relevant to investigate data arising from the automated control or the complaint. This also applies to the system used by members, under their own responsibility, for the evaluation of the members they deal with.
Moreover, Redblueguide.com as an intermediary for providing information society services does not have- according to the lay for its provided services- a general obligation to check the goods and / or services which are being put on sale by the Redblueguide members through the provided procedure. Redblueguide.com has the right to prohibit the supply of specific products and product groups at any time at its sole discretion and without mentioning the reasons. In any case Redblueguide.com allows for the posting for sales and specifically the sales of only legitimate products as well as genuine products and products to which the user / member is entitled to dispose. The distribution of fake or counterfeit products, replicas (henceforth non-genuine products) is prohibited, and users accept that Redblueguide.com is entitled, but not obliged) ired, within the terms of use and the law context to check the content posted by members concerning non-genuine products either by automated means of control or following complaints or where relevant to investigate data arising from the automated control or the complaint.
No claim exists for the registration, membership, use of the www.redblueguide.com we or the services provided by Redblueguide.com. Redblueguide.com can at any time unjustifiably refuse registration, exclude a member, prohibit the use or discontinue some or all of the provided services.
3. Members Responsibility
Through this platform, members can conclude independent contracts on their own sole responsibility. The relevant contracts concluded between the members (Buyer and Seller) on the basis of the offers submitted by the Sellers bind only these parties. The performance of the contract is the sole responsibility of the seller and the buyer. Redblueguide.com does not, in any case, participate as a contractual party to these contracts nor does it acquire any rights or obligations arising there from them. The obligations and rights of contract parties are not transferred or assigned. Members' obligations and rights in relation to the contract between them remain valid and binding as it is legally foreseen even in the event of any cause of interruption or termination of Redblueguide.com activities.
D. MEMBER PARTICIPATION
The requirement for offering and purchasing products through Redblueguide.com, for the use of the associated website features and for the use of the relevant linked web pages as well as and for the use of password-protected web pages (and in particular the personal account) is the membership as a registered user.
No claim exists for Redblueguide.com membership registration or end of membership (either by the members themselves or by Redblueguide.com). Redblueguide.com can also refuse any registration of one or more members or terminate membership without justification and without any prior notice. The members / users of the website that are commercial enterprises, natural and legal persons, that have signed a special contract including the financial terms of cooperation are excluded.
The conditions for the membership are the following
a. Legal capacity
The participation as a member is only possible for natural or legal persons with full legal capacity. Minors (under 18) are excluded.
b. Personal data
The data entered upon registration must be complete, true and up-to- date and include necessarily the following: full name and surname (for natural persons), registered name and distinctive title (for legal persons) address, postal code of the current main residence or registered office, fixed and / or mobile phone (no multimedia phone number) and valid email address. In the case of a company registration, the name of the contact person and the company registered full name must be stated. In case of changes, the member is obliged to immediately update their data on Redblueguide.com so that they are always complete and true. Redblueguide.com can send the activation code to the member only or and with a letter by post to the postal address declared by the member. Redblueguide.com is based on the user statements about their personal data and bears no responsibility for them. The registered member gives his explicit consent to the collection and processing of these data in accordance with the present Terms and Protection Policy of the Company Personal Data. The member, at any time, may withdraw their consent for further collection and processing by deletion, under the terms of the following paragraph The user name chosen by the member must not be illegal, for example, vulgar, humiliating or improper in any way, or infringing intellectual or industrial property rights or other rights of third parties. In addition, the username must not contain any indication of email or internet addresses, personal contact information / communication with the user, or harm any third party's rights.
c. Compliance with applicable tax laws
The users / members themselves are responsible for complying with the applicable provisions of Greek tax law and generally legislation and, in the case of transnational transactions they are also responsible for complying with other States laws or with the competent International Law. It is to be noted that the activity of the sale of movable goods and / or services by individuals could be considered by the tax authorities as a commercial activity, provided that this involves a systematic economic operation the exercise of economic activity and there is intention to obtain a profit. Therefore we recommend that our users / members cconsult the competent authorities and / or any tax advisors. In any case, Redblueguide.com bears no responsibility for its members compliance with tax law. However, it is obliged, in case it is asked by a competent authority, to share any lawfully required and provided information regarding its members' transactions on its electronic platform without prior notice or consent from the data subject as expressly provided for in Article 82 para. 2 of the Code of the Income Tax (Law 2238/1994 Official Gazette A 151 19940916).
E. BEGINNING AND ENDING OF MEMBERSHIP
1. Beginning
Membership starts with confirmation of password from Redblueguide.com via email and by entering the code in the system.
2. End of membership
Ending of membership is possible at any time by canceling participation through an email complaint to Redblueguide.com, provided that all of the following conditions have been met: a. The membership account is balanced, i.e. there is no outstanding balance on Redblueguide.com (due or unpaid), b. the member currently does not offer any product through Redblueguide.com Redblueguide.com confirms by email the cancellation of the participation and closes the corresponding account. Any ratings submitted by a member continue to appear after the members' account closure at Redblueguide.com. The same applies to a third party ratings received by the member (for up to one month after deletion) and to their latest offers (for up to one month after deletion) as well as to any other information or data related to the execution of a transaction, any financial dispute with the Company or another member, any other dispute concerning relations with third parties, etc, Also, the General Terms continue to apply after any dissolution of membership in respect of personal data, membership statements upon registration, their offers, the protection of intellectual and industrial property rights, the pricing and the completion of transactions, the debts of the members towards the Company, the legal nature of the Company and the prohibited products.
3. Exclusion / deletion from Redblueguide.com
The ending of membership is possible at any time by terminating participation through an email complaint to the email address declared by the member at the time of registration Redblueguide.com is entitled to temporarily or permanently exclude a member at any time and without giving any reasons, i.e. to cancel / remove / block the access or/ and participation of a member (temporarily and / or permanently) without any claims against the Redblueguide.com. It goes without saying that this member is prohibited, in the event of permanent exclusion and deletion, from joining Redblueguide.com again with the same or different data, unless Redblueguide.com expressly consents to this. To this end, the member agrees that Redblueguide.com retains its personal data on its system in order to be able to identify any subsequent registration attempt Redblueguide.com has the right under the terms of Chapter 3, to delete at any time individual offers, price offers as well as texts and images from its website without prior notice and without mentioning the reasons. Redblueguide.com can also delete a member or offer when there are indications that that this member has breached contractual obligations with another member. Indicative evidence includes, among others, specific complaints made to Redblueguide.com by any of its members. . The member cannot claim the reparation of any above mentioned damage, even if the indications on which Redblueguide.com was based were incorrect, and acknowledges that Redblueguide.com is not in a position and is not even required to check the accuracy of the these indications. In particular, the member recognizes and accepts that the automated means used by Redblueguide.com to identify any illegal activities of members are based on generic standard / automated commands of a software program that may include and / or make errors. The above apply in particular (but not exclusively) in the event of a violation of the terms of use by the member, all of which are recognized and agreed by the member as essential, in case of request by any Authority, Court, in the event of a complaint by a right holder third party against the member , etc. Any member's debts to RedBlueguide.com become immediately due and payable.
F. PERSONAL DATA USE
The member agrees that Redblueguide.com will process and use their personal data for marketing actions related to its delivered services, such as sending e-mails with general information and / or advertising (newsletters ) and / or news about Redblueguide activities (such as competitions, winners, offers, etc). From the reporting of their contact details on Redblueguide.com, this counterparty bears responsibility for the lawful use of these data, while Redblueguide.com has no responsibility for its actions or omissions in relation to these data, nor is it related In any way (either as a data controller or as a data processor) with the members to whom the personal data of other members were announced within the contract for the sale, or within the display of an offer or expression of interest for an offer.
In any case, all members must comply with the currently applicable law for the protection of the personal data of their counterparts they are aware of, and are responsible for any of their illegal actions or omissions; They are also to proceed to any damage reparation to Redblueguide .com because of or on account of their illegal behavior. The member can at any time send a relevant e-mail to Redblueguide.com or adjust according to the member account the function for stopping the newsletter delivery. The use of the personal details of members (sellers or buyers) from third parties for any purpose other than the transaction within Redblueguide.com is forbidden.
G GENERAL OBLIGATIONS OF THE MEMBERS
1. Confidentiality regarding access data
The member is required to keep their personal password secret and not to share it with a third party. In case of loss, theft or disclosure of these data information to third parties, they you must immediately inform Redblueguide.com by e-mail at [email protected]. Otherwise, they are responsible for any transaction, debt, liability, action or omission under their username for up to three working days from the relevant update to Redblueguide. In any case, the burden of proof is always borne by the member claiming any lack of identification, and not the other party or Redblueguide.
2. Technical interventions
It is forbidden to use mechanisms, software or other actions that impede the normal operation of the website. Members are forbidden to act in a way that may lead to an unacceptable or excessive burden on Redblueguide.com's infrastructure. Members are prohibited from interfering, replacing or altering content created by Redblueguide.com or in any way harassing the operation of www.redblueguide.com.
3. Third Party Intellectual Property
Texts and pictures published by any member on www.redblueguide.com in any way and format (offers, ratings, query recording etc.) or displayed on www.redblueguide.com for other reasons, must not impinge on the intellectual property of third parties. Members can use and publish pictures and texts on the www.redblueguide.com website which they have created or in case the right holder consents to their use. This also applies to texts and pictures that have been published on other websites. In any case the member bears responsibility for the content of their posts, not Redblueguide.
4. No offence of third party personality rights.
Texts and pictures published by any member on www.redblueguide.com in any way and format (offers, ratings, query recording etc.) or displayed on www.redblueguide.com in another way, must not offend third parties rights, such as their personality, honor, reputation, personal data, etc. nor must they contain vulgar, libelous, offensive content insulting a person's honor, content which is defamatory, degrading, damaging the reputation of the person etc.
Η. SELLER-BUYER RELATIONS
Redblueguide.com cannot guarantee that the members of www.redblueguide.com in their commercial transactions will behave lawfully and / or to act in accordance with good faith and fair dealing. In particular, Redblueguide.com does not guarantee the correct and proper execution of the parties' transactions obligations.
1. The offer
Since there is no price offer, the seller has the right to delete their offer and withdraw it. If there is an offer, the seller is committed to it.
By entering an offer, the bidder sends a declaration of acceptance of the product purchase to the seller under the terms specified by the seller. In case, after the conclusion of the purchase contract, the parties wish to agree on specific terms and conditions individually (payment, means of transport, delivery costs, etc.), this can be done in the context of communication between them, the terms and conditions of which shall be determined by the parties in common.
2. The contract
After acceptance of a seller's proposal by a buyer, a binding contract is concluded between the seller and the buyer, which is governed by the applicable legal provisions, as well as the provisions applicable to the conclusion of distance contracts and for e- commerce, according to the case. The contracting parties, buyer and seller, are themselves responsible for adhering to the agreements they have made and for respecting the provisions of the laws. Redblueguide has no responsibility for the above and does not contract or participate in any way in the contract between the members. The content of the contract defines the description of the product as it has been made by the seller and the conditions set by the seller as they appeared at the time of the offer on the website as well as any specific agreements between the contracting parties. The seller has the obligation, on a case by case basis, in return for payment to transfer to the buyer the full freehold rights (ownership and possession) of of the product or to provide the agreed service within their agreement. The selling price must always be clearly defined by the seller and, in particular, whether VAT is included, it is inclusive of VAT, or if there are further charges, such as shipping costs The description of the product is a part of the contract, i.e. the seller ensures that the product has the properties described under the more specific provisions of these Terms of Use and those specified by the Law.
Both contracting parties are required to fulfill their obligations in full, duly and timely according to the contract. The liable parties still bear this obligation, even in case of suspension or termination for any reason of Redblueguide.com services.
The parties are responsible for the performance of the contract. The completion and execution of the transaction is determined by the terms of the contract. This applies, among others, in case of maturity of the individual contractual benefits, that is to say, at the time when the actual service is required and can be claimed through the competent court. If the offer does not contain more specific rules and the two parties have not agreed otherwise, and given that the rules of law are mandatory, then accordingly applies the current legislation.
I. REDBLUEGUIDE.COM RESPONSIBILITY
Redblueguide.com reserves the right at any time without reason and penalty to suspend or terminate the provision of its services and / or its operation permanently or temporarily without any obligation to inform the members in advance. Redblueguide.com is responsible only for direct damages that result from Redblueguide.com fraud or gross negligence. Without prejudice to public policy provisions, Redblueguide.com liability for direct damages due to slight negligence, irrespective of legal grounds, is expressly excluded. Absolutely and explicitly excluded is Redblueguide.com liability for indirect or consequential damages, irrespective of reason Redblueguide.com is not responsible for the temporary unavailability of the site, the discontinuation of individual or all of its functions or its malfunction. In particular, Redblueguide.com is not responsible for any technical problems due which bids or price offers were posted or processed late or incorrectly. The Redblueguide.com website may temporarily not be available in whole or in part due to maintenance work or other reasons, without the user or member being able to make any claim against Redblueguide.com.
Redblueguide.com is not obliged to review bids, ratings, and any other information published by members on the market. Indicatively, it is not responsible for the truthful, correct and legitimate offer formulation, the quality, safety, legitimacy or availability of the offered products, the truth and legality of the claims and the product properties, the ability, the right and the will of the Member for the offer, in regard with the purchase, delivery, payment or other appropriate actions for the performance of the contract, as well as for anything else expressly stated in these General Terms.
In addition, the Company solely for technical reasons facilitating the improvement of the presentation of the products by category as well as the finding the products in the particular category posts electronic messages created with the use of keywords from the offers of the sellers themselves which in no case controls or checks and for which it is not responsible Redblueguide.com bears no responsibility for damages caused to members or third parties due to the behavior of other members or third parties with regard to the use or misuse of its website. It goes without saying that it has no responsibility for any damages or loss to third parties resulting from the products themselves irrespectively of reason and cause.
Redblueguide.com does not guarantee the updating, correctness, legality, completeness or quality of the content of the linked websites, which are accessible from www.redblueguide.com, and expressly disclaims any relevant liability When other members, users or third parties make claims against Redblueguide.com for breach of their rights due to a published offer by a member or due to its content or to the use of the www.redblueguide.com website by a member or user, the fore mentioned member or user releases Redblueguide.com from all claims and assumes the costs for Redblueguide.com legal defense (including court and lawyer fees). This also applies in the event of termination of this contract or the termination of Redblueguide.com for any reason.
Redblueguide.com reserves the right to transfer any or all of the rights and obligations of these Terms of Use to a third party or to authorize a third party to exercise such rights. In particular, it may assign to a lawyer of its own choice the communication with the sellers in the name and on its behalf for the possible collection of their arrears to the Company. Membership and all rights and obligations of a current or former member towards Redblueguide.com cannot be transferred or assigned by the member.
J. APPLICABLE LAW AND JURISDICTION
All disputes between Redblueguide.com and a (existing or former) member regarding these Terms of Use are subject to Greek law. The courts of Thessaloniki are competent.
Κ. FORCE OF TERMS
These Terms of Use can be modified unilaterally by Redblueguide. In any case, the Terms of Use that were in force at the time of arising of their application problem are applied. If any individual terms of the present Terms of Use become partially or totally invalid or unenforceable, the force and / or validity of the other terms or part of the other terms is not affected. The invalid and / or unenforceable terms will be replaced with terms as close as possible to the meaning and purpose of invalid or unenforceable terms, where feasible. The same applies to issues not explicitly regulated by the Terms of Use. Any delay in the exercise of any right by Redblueguide is not a waiver from the right, which may be exercised at any time.
