Terms of Use

THE COMPANY

The online store and auction site "LORDOFMALTS.GR"

is property of the company

BEYOND SA with trade name BEYOND SA

ADVERTISERS - ALCOHOLIC BEVERAGES TRADING COMPANY

24 Adrianoupoleos Street, Kalamaria 551 33 Thessaloniki

Tel: 2310 480855, Fax: 2310 447302

TIN  NUMBER. : 094340958 – TAX OFFICE: S.A. companies Thessaloniki

General Trade Register number : 058343204000

Email: [email protected]

Phone: +30 2310480855

 

  1. GENERAL

These terms and conditions apply to all legal transactions between BEYOND SA, as the administrator of the website "Lordofmalts.com” both with consumers and with professionals or legal entities.

  • For the sake of brevity and understanding, the following terms are listed:
  • BEYOND SA, situated at 24 Adrianoupoleos Street, Kalamaria, 551 33 Thessaloniki, hereinafter referred to as "the Company".
  • The online auction site and at the same time the online store LordofMalts.gr run and operated by the company will be referred to hereinafter as "website"
  • The online retailer will now be called the "e-shop"
  • Items sold by the online store will be called “products”
  • The items to be auctioned are hereinafter called “goods”
  • The registered user of the company's online auction site will be hereinafter called "User"
  • The buyer from the company's online store will hereinafter be referred to as a "Buyer"
  • "Seller" will hereinafter be called the natural or legal person who contracts with the company for the purpose of putting the company the “good/s” to auction for sale.

2 PURPOSE OF THE COMPANY

  • The company will conduct online auctions through the website www.LordofMalts .gr. The website will also have an e-Shop
  • The subject of online auctions conducted by our company and its e-Shop is the disposal of Whiskey bottles or other alcoholic beverages. The judgment on the rarity or not of the bottle lies in the sole and dominant evaluation of our company.
  • The auction is conducted exclusively online through the company website. The auction will be held once a month and its duration will be displayed on the website in a timely manner.
  • Each product listed for sale or item for auction on the website www.LordofMalts .gr will include a photo and text for its description, providing any information available on it, even for potential defect.
  • Content gaps of products or items will be explicitly mentioned as such.
  • The Company will fully report any imperfection or defects in the products or items available if and as long as such imperfections or defects have become known at the time the products or items are displayed. If the Company was not aware or could not be aware of any defect or if it arises after the display, it is not liable for it.
  • The website www.LordofMalts.gr facilitates through auctions the sale between the Seller and the User, and sends the sold item to the User on behalf of the Seller. The User automatically assigns, through his bidding, a shipping order with the postal company that the company will select.
  • GENERAL TERMS AND CONDITIONS OF THE BUYER AND / OR USER
  • The present terms and conditions apply to all legitimate transactions between the Company and third parties. Third parties can be either consumers or professionals.
  • "Consumer" means a natural person who makes any legal purchase for his personal use-consumption of the "item" or "product"
  • "Professional" means a natural or legal person who is legally active, conducts legal transactions for the purpose of practicing a profession or business.

3.1. Registration

  1. Only natural persons or legal representatives of legal entities having full legal capacity may register on the website www.LordofMalts.gr or make a direct purchase from the company's e-shop.
  2. In order for the User or Buyer to use the services of the Website or the e-Shop, they must register on the Website and / or the e-Shop.
  3. For registration, the User or Buyer is required to fill in a specially formatted form, which will require his full details, such as… ..name, surname, home address, contact telephone, email address, shipping address and personal code as well as credit / debit card details, their expiration date and the special code of bank cards. The company declares that it may request any other information that it deems relevant to the user's participation in the platform. The collection of Personal Data follows the GDPR standards. Attached the link
  4. At the time of registration, he must also confirm that he is over 18 years of age. The registration as well as any use of the Website by a minor under the age of 18 for residents of Greece or below the legal age provided in the User and / or Buyer's country of residence is expressly prohibited.
  5. In case it is found that the user does not meet the age limit set in paragraph 3.1.1. and 3.1.4. , he will be immediately expelled from the auction, his account will be deactivated and his participation in future auctions will be excluded.
  6. If the user and / or the buyer has already made a purchase through the website or the e-Shop, the company has the right to cancel the transaction and claim damages from the guardianship or parental responsibility of the minor for any damage caused to the company or users.
  7. The company has the right to request any information about the age of the User and / or Buyer who will be required to prove it by a public authority document in force at any stage of the process.
  8. Registering someone as a Buyer has no cost. However, to complete a registration as a user requires the payment of 5 € lump sum. The payment of the amount of € 5 through Piraeus Bank's electronic payment system precedes the completion of the registration.

If the registered buyer, who has made at least one purchase from the site's e-Shop, wants to register as a user, he is not required to pay the $ 5 fee to complete his registration as a user.

  1. After the successful registration of the User or Buyer, he will receive an email confirmation of his registration, which will also include a unique User and / or Buyer ID produced by the Website. The Buyer himself or the User will configure his / her password. So he will have a unique registration to link to the website www.LordofMalts .gr, and to the company's e-Shop.
  2. The Website reserves the right to block / deactivate the Account of any User and / or Buyer if he violates these Terms and Conditions, either by providing untrue information, or by transferring or handing over his unique access code or providing the right of access to the website to a third party through his own account.
  3. If the user, who has already over bided for some item or the buyer who has already purchased a product, has violated any of these terms, the company has the right to cancel the transaction and claim compensation for any damage caused to the company or to users.
  4. The information that the user or buyer will register when registering should be accurate and complete. If this information changes after the initial registration, the user and / or the buyer are obliged to update their account on the website immediately and without further delay.
  5. The company may modify the terms in whole or in part. In the event that anyone refuse to accept these terms and their modifies in whole or in part, the company is entitled to prohibit the use of the website.

3.2. Object of the contract

  1. www.LordofMalts .gr facilitates through auctions the sale between the Seller and the Bidder (User) and sends the sold item to the User on behalf of the Seller. The bidder automatically assigns, through his bidding, a mail order to the company of his choice to send the item awarded to him. Only with his new e-mail address: [email protected] can he cancel the shipping order so that he can receive it from the company address: 24 Adrianoupoleos , Kalamaria, 551 33 Thessaloniki, Greece

Also only by sending a new e-mail to: [email protected] he may request that the non shipment of the item, so that it may be re-placed at a subsequent auction.

  1. The bidding user must pay 10% of the award price, as a commission to the company, plus the 24% value added tax on that commission.
  2. If the photo or text of the item to be auctioned does not show a box or other accessories or accompanying features, then it is auctioned and shipped without them, as shown in the photo on the web site. If there are boxes, accessories or other accompanying features, our site does not guarantee their authenticity for the certain product.
  3. It is possible that there are changes in the taste or reduction of the alcohol content. The current filling level of the bottle may appear in the photo or be indicated in text if it cannot be displayed in the photo.

3.3. Contractual  parties

  1. As an Auctioneer, the company is a simple agent. The actual contract is between the Seller and the User.
  2. As a seller, the direct selling company participates in the contract with the Buyer.

3.4. Auction procedures, Contract

  1. The Auction shall be considered terminated after the expiry of the specified period. The supply contract shall be completed between the highest bidder and the seller, with the expiry of the duration of the auction. The site acts only as an intermediary.
  2. A standard auction takes place once, at the beginning of each month, and lasts approximately 12 days. The dates of the auction as well as the duration of each auction, which will be specified, will be displayed on the website at "Auction Dates"
  3. The duration of the auction is determined by the timer of the website. The end of the auction will be clearly displayed on the website. The termination of the auction may be postponed (extended) only upon decision of the company.
  4. A user, by placing a bid on a particular type of auction, is immediately bound by a contract if he is the bidder at the end of the auction.
  5. The minimum amount of money to increase the existing bid for an item (step) is determined separately for each item and shall refer to each item. Bids can only be integers. The auction currency is the Euro.
  6. If the user wishes, he may also set the maximum amount up to which he wishes to pay for the particular item (security). If this bid ceiling is set, the automatic "default bid increases" mechanism is activated to the ceiling that he has set to become or remain a bidder up to that limit.
  7. The highest bid of the user is awarded if there is no other user with the highest bid at the end of the auction.
  8. At the end of the auction, a list of results with the codes of the auctioned items and the highest bid amount will be published on the website.

3.5. Prices of Products and Items

  1. The prices of the items of the auction shall be the tenderer's bid at the end of the auction, plus 10% of that price for the commission of the company with the corresponding VAT. Shipping costs as well as VAT attributable to these costs are borne by the user.
  2. The prices quoted in each product shall be in Euro and shall include the corresponding VAT. The e-Shop reserves the right to change the prices of the products for sale without a written notice to the registered buyers.

3.6. Seller Restrictions

  1. The Seller is prohibited from bidding for his own auctioned items, but is permitted for third party items. Under no circumstances shall the Seller use third parties to increase the price of his items. The Seller agrees that it will not provide any information or data or indications to third parties about his items being auctioned during the auction, as he is provided by the company with the ability to monitor his items during the auction. Third party is anyone who has or is able to access information through the Seller regarding the product for the purpose of either distorting or obstructing the process, or to obtain a more favorable price for the seller. Violation of any of the above conditions automatically results in the exclusion of both from auctions and cancellation of the contract.

In the event of cancellation of the contract, the Company reserves the right to charge the Seller for any such expenses incurred. The Company reserves the right to hold 15% to 30% of the amount due to the Seller, depending, and only at the Company's discretion, on the seriousness of the breach of the term. There is neither a minimum guaranteed price for the item nor a minimum starting price for the item.

3.7. Contract Language

  1. The languages of the contract are: Greek, English and German
  2. The shipment or delivery of the goods or items shall take place within 7 working days of the date of the contract and not later.

3.8. Early Termination of the Auction / Server breakdown or failure

  1. The webmaster company of the website www.LordofMalts.gr has the right to decide to terminate the auction sooner than its predetermined duration, without any agreement between the bidding user and the seller, provided there is good reason. For example, if any of the item listings have substantial and significant errors. In this case the item (s) will be withdrawn and replaced / corrected.
  2. If there is a server breakdown or failure at the end of the auction and therefore no new bids can be placed, the process will be completed by the bidder at that time.

3.9. Terms of Payment

  1. The highest bidder shall receive the relevant receipt at the end of the auction.
  2. The accepted payment methods are:

Credit Cards: You will be asked for your credit card data and details when you sign up. Once we have verified that you are the  legitimate cardholder, we will ask your credit card bank to initiate the payment transaction at the end of the auction. The payment transaction will be automatically charged to your card by the credit card bank.

Money transfer to our bank account: You can transfer money to the following company account immediately after the auction ends:

PIRAEUS BANK

BENEFICIARY NAME: BEYOND SA

SWIFT BIC: PIRBGRAA

BILL NO: 5223 086874 706

IBAN: GR08 0172 2230 0052 2308

The total amount of the receipt issued by the company which will be posted directly to the user's account on the website. Items will be shipped to you immediately after the amount is shown on our account

Bank Check: A courier shipment of a bank check to the company, at the expense of the User or Buyer, is also acceptable. Items will be shipped to you the day after the receipt of the check.

In case we cannot charge your card for any reason or you do not transfer the amount to our account or if we have not received your bank check within the next 5 business days after the auction ends, there will be an extra daily charge of 4% of the total value of the receipt. Payment can be made up to 1 day before the next auction of our site. Otherwise, the contract will be canceled and the user's account will be deactivated.

If the user wishes, the payment can be made in installments with several credit cards or even the same credit card. In this case he should contact the company by email.

Canceling our debit from your bank is not allowed. Any complaint or non-receipt of your package should be addressed directly to the company.

3.10. Shipping Terms

  1. Shipping costs are added to the amount of the user's receipt. For shipping cost details please see the link ................. of the website.
  2. The products will be available for delivery within the next 7 working days from the day the auction ends. If the user himself does not receive them , they will be sent to him at his own expense. If one item remains for more than 15 days in the company then we will charge € 1 per bottle / month.

3.11. Customs clearance costs

  1. Residents of third countries (outside the EU) are responsible for paying customs duties and import duties in their country.
  2. For US and Canadian residents, the company bears no responsibility for the possible seizure and / or destruction of the products by their respective customs offices.

3.12. Insurance of goods and products

Any shipment of products or items over 500 € will be insured by the company. The insurance cost is 3% on the value of the parcel and is borne by the Buyer or the User as well as the seller. This charge will appear on the corresponding receipt.

3.13. Resolution of disputes

  1. The applicable law governing the contracts to be concluded with the company is Greek as the law of the country of origin of the service.
  2. Any dispute arising out of the aforementioned contract shall be governed by the courts of Thessaloniki, the place where the company is established. This clause also covers the proceedings relating to the operation of the contract, interim measures, interim injunctions and, in general, any dispute relating to enforcement.
  3. It is expressly stated that:

(a) The provision of Article 199 CC is not applicable.

(b) The consumer protection legislation framework, in particular Articles 3a et seq. of Law 2225/1994, as it currently stands, applies to contracts drawn up remotely or off-premises. However, excluded from the scope of the above law is case ια of Article 3ιβ  of Law No.2251 / 1994 and thus the intended exclusion from the right of withdrawal does not apply.

  • The European Union provides an online Dispute Resolution (ODR) platform https://ec.europa.eu/consumers/ord/
  • GENERAL TERMS AND CONDITIONS OF THE SELLER
  • These Terms and Conditions apply to all legitimate transactions between the Company and third parties. Third parties can be either consumers or professionals.
  • "Consumer" means a natural person who makes any lawful purchase for his personal use-consumption of the "item" or "product";
  • “Professional” means a natural or legal person who is legally active in carrying on legitimate business for the purpose of pursuing a profession or commercial activity;

4.1. Registration

Only natural persons or representatives of legal persons who have full legal capacity can register at www.LordofMalts .gr to sell their item (s). The Seller can register and create a "Seller" account. To register, he will be asked for his personal information, such as name, surname, father’s name, home address, email address, and also to create a personal security code for himself to access his account. He must also state that he is over 18 or 21 years old, depending on the laws of his country of origin. After the successful registration of the Seller, he will receive a personal ID from the company which will enable him to place bids at auctions and make purchases from the website. If the Seller does not want such an account, the company may open an account which will not enable him to place bids, but will allow him to monitor bid changes of his own items. This account does not require a personal security code.

4.2. Delivery – Transportation

  1. The Seller may choose either to ship the items for auction with his own carrier or to request the company to select his own, by sending an email to the company by filling in the attached form .... link .... ..............(form)....
  2. Third-country sellers are required to pay themselves any turnover tax and / or alcohol tax or any other tax or tariff charge. The Seller confirms that he is entitled to sell the items to be delivered and that this is not contrary to the rights of third parties. The seller must indemnify the company against claims of third parties. The Seller is also liable for any legal costs incurred.
  3. The Company shall have the right to reject items received by the Seller at any time without obligation to substantiate them and to return them to the Seller at his own expense.
  4. Items must be delivered to the company headquarters not later than 15 calendar days before the date indicated on the website for each auction.
  5. Upon confirmation of the item / s delivery application by the Seller with the shipping company of the company’s choice, the item (s) must be delivered within 2 months, otherwise the claim for delivery expires.
  6. If any item does not correspond to the information provided by the seller for this purpose, the seller shall bear the costs of return.
  7. The website will provide a platform in which potential buyers can bid for the seller's items, in the event of auction. The website will create a bid page for each item of the seller. The pictorial and written presentation of the items is the responsibility of the site. It is the web site that determines the original bid amount of the item.
  8. The Website is entitled to terminate prematurely the auction if there is a good reason to do so without any "sales" contract. A grounded reason can be considered e.g. if there is a material error in the information of one or more items.
  9. If the server fails to function properly or is damaged at the end of the auction, so that new bids cannot be placed by users, the contract will be concluded with the bidder at that time, ie shortly before shutting down the server. The item will be awarded and shipped to the highest bidder.

4.3. Contractual Members / Relationship with the Company

The site is a simple mediator (agent). The corresponding purchase contract is concluded between the Seller and the Bidder who bid.

4.4. Auction procedure - Contract conclusion

  1. The Auction begins and ends at a predetermined date and time. Its duration is predetermined. At the end of the predetermined time period a contract is concluded between the seller and the bidder. The site operates only as a mediator (agent).
  2. The start and end of the Auction is displayed on the website.
  3. The predetermined start of the auction is calculated based on the time displayed on the website and only with that. Based on this time, the auction end will also be displayed on the website.
  4. Bidding by the user automatically creates a contract by auction between the user and the seller.
  5. The currency of the auction is the EURO.
  6. The seller is not allowed to bid for his own items, but may be allowed for third-party items. The Seller is provided by the company with the ability to monitor his items during the auction. Under no circumstances shall the Seller use third parties to increase the price of his items. Third party is anyone who has or is able to access information through the Seller regarding the product for the purpose of either distorting or obstructing the process, or to obtain a more favorable price for the Seller. The Seller agrees that he will not provide any information or data or indications to third parties about his items being auctioned during the auction. The seller is not allowed to use a second identity to control or raise the amount of bid of his item/s through third parties. Violation of any of the above conditions automatically results in the exclusion of both from auctions and cancellation of the contract.
  7. The Company reserves the right to charge the Seller for cancellation of the Contract due to his own responsibility. However, the seller will not be liable for the cancellation of the contract until one day before the next auction begins.
  8. Violation of the terms of the present automatically results in exclusion from web site auctions and cancellation of the contract

4.5. Contract Language-Contract Text

The languages of the contracts are: Greek, English and German

4.6. Items Quality / Unacceptable Items

It is up to the company to decide which items will be auctioned off and inform the Seller in good time.

4.7. Seller Payment

  1. The Seller will be fully repaid within 21 business days from the closing of the auction.
  2. In case of withdrawal of the buyer or the highest bidding user, and the cancellation of the Contract with him for the item/s of the seller, they shall either be re-placed at a subsequent auction or returned to the seller, in any case after consultation of the company with the seller.
  3. The Seller, with the request of consignment of the items to be auctioned to the Company, shall indicate the details of either his Bank Account to which the Company will repay the amount of his redemption, or his credit card details if so selected.
  4. Any bank charges shall be borne by the seller.

4.8. Compensation

  1. If the User invokes his statutory right to guarantees, the Seller shall bear such costs.
  2. If the company has properly packaged the items to be shipped and has complied with the seller's specifications, then for any compensation claim the user raises from the company, the seller is liable to indemnify the company against these claims.

4.9. Responsibility and obligations of the company

  1. The Company shall not be liable for any damage caused by fault of its counterparties, seller, buyer or user or damage caused by force majeure. Indicatively, it is not responsible for: (a) any damage or loss of the item or product during its shipment; (b) any deviation from the warranty or contractual properties of the product as set forth by the seller.
  2. The company declares that it is also not liable for any damage caused by its own negligence or of persons at its service pursuant to Articles 332 and 334 of the Civil Code.
  3. Failure to exercise the rights by the company for a long period of time may be not be considered as waiver from them.
  4. Failure to apply specific provisions of these Terms may result in their invalidity or invalidity (in whole or in part) of the entire contract.
  5. The Company may modify these terms in whole or in part. In the event that the Seller refuse to accept this terms and their modifies, in whole or in part, the Company is entitled to prohibit the use of the Website.

4.10. Resolution of  Disputes - Applicable Law

  1. The European Commission proposes an online dispute resolution (ODR) platform available at: https://ec.europa.eu/customers/ord/
  2. The applicable law governing the operation of the contracts to be concluded with the company shall be Greek, as the law of the State of origin of the service.
  3. Any dispute arising from the above contract shall be within the jurisdiction of the courts of Thessaloniki, where the company is established. This clause also covers the proceedings relating to the operation of the contract, interim measures, interim injunctions and, in general, any dispute relating to enforcement.
  4. It is expressly stated that:

(a) The provision of Article 199 CC is not applicable

  1. b) The legislative framework for consumer protection, in particular Articles 3a et seq. of Law 2251/1994, as it stands today, which applies to contracts drawn up remotely or off-premises. However, excluded from the scope of the above law is case ια of Article 3ιβ of Law No.2251 / 1994 and thus the intended exclusion from the right of withdrawal does not apply.
  2. WITHDRAWAL POLICY

5.1. Seller Withdrawal Policy

  1. The seller has the right to withdraw within 14 calendar days from the confirmation email from our company to accept the item (s) for auction. In any case before the item (s) are posted for auction on the site.
  2. The seller may withdraw from the contract by sending an email.
  3. The date of receipt of the email of notification of withdrawal of the seller by our company is also considered the date of withdrawal.
  4. In case of early withdrawal the services performed up to that time shall be immediately canceled.
  5. In case of late withdrawal, costs / commission will be deducted ten times the starting price of the item at the auction.
  6. Accordingly, the company will reply to this email and inform it of the return details of the items.
  7. In case of withdrawal, please note that the seller has to bear all the shipping costs for the return of the goods. Costs are paid in the same way that the seller has chosen to repay.
  8. The seller shall not be entitled to cancel the contract or to withdraw if any damage is due to force majeure.
  9. The seller bears the burden of proving that he has exercised his right of withdrawal.

5.2. User and / or Buyer Withdrawal Policy

  1. The user or Buyer has the right to withdraw. He can cancel the contract within 14 calendar days without any justification.
  2. The period of 14 calendar days shall begin on the day on which the user or buyer or a third party designated by him who cannot be the carrier receives the item or product.
  3. The company shall be notified for the return / cancellation by an irrevocable written declaration of user or buyer (fax, letter, Email etc.)
  4. You can use the attached form ...... link ...... but you are not required.
  5. Sending your declaration / notice to exercise your right of cancellation before the expiry of 14 calendar days is sufficient for early cancellation.
  6. In the event that the product has already been shipped to the Buyer, the Buyer shall bear the costs and liability of returning the product to the Company. Upon receipt of the product and if there is no loss of value, the company refunds the amount paid by the Buyer in full, excluding shipping costs, within 14 days.
  7. In the case of the withdrawal of a Bidding User, provided that it is timely and if:
  8. a) the item has already been shipped to the User , he shall return it immediately at his own expense and responsibility. Since our company will receive it without any loss of its value, that item will be re-placed at a subsequent auction.
  9. b) The refund that our company will make, in any case after the end of the next auction where the returned item will be reinstated, will be either the amount of the first auction awarded and paid by the User (not refundable shipping costs to the User), or if the new auction price for the next auction is less than the first (the one paid by the User), the amount of the new auction price.

5.3. Consequences of Withdrawal

 

  1. With the cancellation of your contract you will be refunded all payments you have made to our company if the shipment has not been made. Extra costs, resulting from the fact that you have chosen a different mode of shipping than the one offered by the company, are excluded. Refunds are due within 14 calendar days and without delay from the date of the Company's written statement / briefing. Please note that the Beyer has to bear all the shipping costs regarding the return of the goods or products.

 

  1. For the refund it will be used the same way as the one the buyer or user has chosen to deal with the company, unless agreed otherwise by contacting the company.

 

  1. We may refuse refunds until we receive the products or until you have provided proof of their shipment to our company (depending which occurs first).

 

  1. The products are returned to the company without delay and in any case within 14 calendar days of the declaration / cancellation of the contract between us.

 

  1. If there is a loss of value of the product or item upon its return due to its shipment or poor packaging, such loss shall be borne by the User or Buyer.

 

  1. The right to cancel shall not apply to the following contracts:

For products or goods having a sealing tape or other type of sealing. Items or products may not be returned by the user or Buyer respectively, if any seal has been damaged or opened.

 

  1. 7. Attached: .... cancellation / return link ;;;; ....