Conditions of Use & Sale

Last updated on 21 September 2019.

Welcome to Lobotomy.gr.

Lobotomy.gr and/or their affiliates (“Lobotomy.gr”) provide website features and other products and services to you when you visit or shop at Lobotomy.gr (the “website”), use Lobotomy.gr devices, products, or services, use Lobotomy.gr applications for mobile, or use software provided by Lobotomy.gr in connection with any of the foregoing (collectively “Lobotomy.gr Services”). Please see our Privacy Notice, our Cookies Notice, to understand how we collect and process your personal information through Lobotomy.gr Services. Lobotomy.gr provides the Lobotomy.gr Services and sells our products to you subject to the conditions set out on this page. Lobotomy.gr is the trading name for Lobotomy.gr.

Conditions of Use

Please read these conditions carefully before using Lobotomy.gr Services. By using Lobotomy.gr Services, you signify your agreement to be bound by these conditions. We offer a wide range of Lobotomy.gr Services, and sometimes additional terms may apply. When you use an Lobotomy.gr Service (for example Your Profile, Gift Cards or Lobotomy.gr applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Lobotomy.gr Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. ELECTRONIC COMMUNICATIONS

When you use any Lobotomy.gr Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Lobotomy.gr Services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of the Lobotomy.gr Services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalize your experience.

3. COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Lobotomy.gr Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Lobotomy.gr or its content suppliers and is protected by international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any Lobotomy.gr Service is the exclusive property of Lobotomy.gr and is protected by international copyright and database right laws.

You may not extract and/or re-utilize parts of the content of any Lobotomy.gr Service without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any Lobotomy.gr Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Lobotomy.gr Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

Click here to see a non-exhaustive list of Lobotomy.gr trademarks. In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Lobotomy.gr Service are trademarks or trade dress of Lobotomy.gr. Lobotomy.gr’s trademarks and trade dress may not be used in connection with any product or service that is not Lobotomy.gr’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Lobotomy.gr. All other trademarks not owned by Lobotomy.gr that appear in any Lobotomy.gr Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lobotomy.gr.

5. PATENTS

One or more patents owned by Lobotomy.gr apply to the Lobotomy.gr Services and to the features and services accessible via the Lobotomy.gr Services. Portions of the Lobotomy.gr Services operate under license of one or more patents.

6. LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Lobotomy.gr or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Lobotomy.gr Services. This license does not include any resale or commercial use of any Lobotomy.gr Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Lobotomy.gr Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Lobotomy.gr or its licensors, suppliers, publishers, rights holders, or other content providers. No Lobotomy.gr Service, nor any part of any Lobotomy.gr Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Lobotomy.gr without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Lobotomy.gr’s names or trademarks without our express written consent.

You may not misuse the Lobotomy.gr Services. You may use the Lobotomy.gr Services only as permitted by law. The license granted by Lobotomy.gr terminate if you do not comply with these Conditions of Use or any Service Terms.

7. YOUR ACCOUNT

You may need your own Lobotomy.gr account to use certain Lobotomy.gr Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

If you use any Lobotomy.gr Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the Your Account section of the website.

You must not use any Lobotomy.gr Service: (i) in any way that causes, or is likely to cause, any Lobotomy.gr Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offense or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Lobotomy.gr Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Lobotomy.gr Service, please notify us by completing and submitting the appropriate notice form and we will respond.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”, you grant Lobotomy.gr (a) a non-exclusive, royalty-free license to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sub license these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Lobotomy.gr for all claims brought by a third party against Lobotomy.gr arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.

9. INTELLECTUAL PROPERTY CLAIMS

Lobotomy.gr respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

10. OTHER BUSINESS

Parties other than Lobotomy.gr operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Lobotomy.gr does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

11. LOBOTOMY.GR’S ROLE

Lobotomy.gr allows third party sellers to list and sell their products at Lobotomy.gr. In each such case this is indicated on the respective product detail page. While Lobotomy.gr as a platform provider helps facilitate transactions that are carried out on the Lobotomy.gr platform, Lobotomy.gr is neither the buyer nor the seller of the seller’s items. Lobotomy.gr provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Lobotomy.gr is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

12. OUR LIABILITY

We will do our utmost to ensure that availability of the Lobotomy.gr Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Lobotomy.gr Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Lobotomy.gr will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Lobotomy.gr Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.

13. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of City Athens, Greece, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in in the EU country in which you live. The European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr. If you would like to bring a matter to our attention, please contact us.

14. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any Lobotomy.gr Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Lobotomy.gr Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed sever-able and will not affect the validity and enforce-ability of any remaining condition.

15. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

16. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the Lobotomy.gr Services only with the involvement of a parent or guardian.

17. OUR CONTACT DETAILS

This website is owned and maintained by Lobotomy.gr :: Vagelis Karathanasis, Athens, Greece, 16232

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS

If you believe that your intellectual property rights have been infringed and you are eligible for Brand Registry, please sign up to that service and submit your complaint via Brand Registry. Otherwise, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, design and patent claims.

Upon receipt of a complaint we may take certain actions, including removing information or an item, and termination of repeat infringers in appropriate circumstances. All such actions are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. This includes forwarding the complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Lobotomy.gr for all claims brought by a third party against Lobotomy.gr arising out of or in connection with the submission of a complaint.

Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Lobotomy.gr and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.

ASIN and ISBN-10, Defined: “ASIN” stands for Lobotomy.gr Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. “ISBN-10” stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to Lobotomy.gr may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

18. NOTICE AND PROCEDURE FOR NOTIFYING LOBOTOMY.GR OF DEFAMATORY CONTENT

Because millions of products are listed and many thousands of customer reviews and comments are hosted on Lobotomy.gr, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis. If you believe that any content on, or within a product advertised for sale on, the Lobotomy.gr website contains a defamatory statement, please notify Lobotomy.gr immediately by completing and submitting a notice. Follow the instructions in the notice and send it to defamation-notice@lobotomy.gr

Defamation Notices,

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Conditions of Sale

These Conditions of Sale govern the sale of products by Lobotomy.gr to you. For conditions relating to the sale by third parties to you on Lobotomy.gr We offer a wide range of Lobotomy.gr Services, and sometimes additional terms may apply. When you use an Lobotomy.gr Service (for example Your Profile, Gift Cards or Lobotomy.gr applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Lobotomy.gr Service (“Service Terms”). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.

Please read these conditions carefully before placing an order with Lobotomy.gr. By placing an order with Lobotomy.gr, you signify your agreement to be bound by these conditions.

1. OUR CONTRACT

Your order is an offer to Lobotomy.gr to buy the product(s) in your order. When you place an order to purchase a product from Lobotomy.gr, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with Lobotomy.gr. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation E-mail if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION AND OUR VOLUNTARY RETURNS GUARANTEE

STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services.

You must inform us (Lobotomy.gr) of your decision to cancel your order. You may submit your request according to the by contacting us. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired.

EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods by following the instructions available on our return addresses no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

3. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

4. PRODUCT INFORMATION

Unless expressly indicated otherwise, Lobotomy.gr is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

5. CUSTOMS

When ordering products from Lobotomy.gr for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Lobotomy.gr, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

6. OUR LIABILITY

Lobotomy.gr and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

7. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of the Hellenic Republic. We both agree to submit to the non-exclusive jurisdiction of the courts of the District Athens, Greece, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

8. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed sever-able and will not affect the validity and enforce-ability of any remaining condition.

9. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

10. CHILDREN

We do not sell products for purchase by children. If you are under 18 you may only use Lobotomy.gr with the involvement of a parent or guardian

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