Terms & Conditions

1. Links to other websites
2. Contract Information
3. Intellectual Property & Right To Use
4. Limitation of Liability
5. Severance
6. Waiver
7. Survival
8. Entire Agreement
9. Law
10. Customs & Duty
11. Gift Card - Terms & Conditions
12. Gift Card - Data Protection Statement
13. Promotional Code & Online Offer - Terms & Conditions
14. Prize Draw / Competition Terms & Conditions
15. Sale
16. Returns & Refunds
17. Governing Law
18. Data Protection Statement

References to “Aqua Kate”, “we”, “us” or “our” throughout www.aquakate.gr (“the Website”) are to Aqua Kate Limited. The use of the Website and the purchase of any products (“Products”) from the Website is governed by these terms and conditions (“Conditions”). We reserve the right to modify these terms and conditions from time to time without notice to you.

There is no charge imposed by us for accessing the Website but you must pay the cost of the communications link you use to visit the Website. Access to the Website may be suspended, restricted or terminated at any time.

1. Links to other websites

We accept no responsibility for web sites or other information, practices or products of other parties linked to the Website. Your dealings with persons found via the Website are between you and such persons and we will not be liable for any loss or damage arising out of such dealings.

2. Contract Information

Products supplied from the Website are supplied by Aqua Kate, a company registered in Athens, Greece whose company registration number is 168891802000 and VAT number is 802048590.

Your submission of an order represents an offer to purchase the Products indicated by you and it is not binding on us until your order has been delivered and signed for. All advertisements and communications made by Aqua Kate up until your order is delivered and signed for are invitations to treat only and are not offers. This means that if Products are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Aqua Kate shall not be obliged to sell you those products and hold the rights to cancel and withdraw orders once placed.

As well as selling via the Website, we sell our product through mail order and via the telephone (available throughout the world). We reserve the right to amend prices throughout the life of the catalogue with prices being correct as of going to print.

3. Intellectual Property & Right To Use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

4. Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy.

The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for: 1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 2. any loss of goodwill or reputation; or 3. any loss which was not brought to the attention of Aqua Kate at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Aqua Kate in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.

Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

5. Severance

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

7. Survival

Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

8. Entire Agreement

These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that You have read these conditions and, You fully understand them and You also agree that these conditions are the only terms (together with Your network provider agreement) that rule Your relationship with us.

9. Law

The Conditions shall be governed by and construed in accordance with the laws of Greece and you irrevocably submit to the exclusive jurisdiction of the courts of Greece.

10. Customs & Duty

Please note that all shipments outside Greece may be subject to import duties and taxes, which are levied once a shipment reaches your country.

As we have no control over these charges and cannot predict what they may be, additional charges for customs clearance must be borne by you.

11. Gift Card - Terms & Conditions

By purchasing, accepting and using your Aqua Kate Gift Card (“Gift Card”), You are agreeing to these Terms and Conditions including (when you register your Gift Card online) giving your consent to the use and processing of your personal data in the manner described in the Data Protection Statement specified below. Please read them carefully and keep a copy for your records. Please also read the section below setting out our policies on Returns and Refunds. Additional terms and conditions may apply to purchases of merchandise made by you.

All references in these Terms & Conditions to “Aqua Kate”, “we”, “us” or “our” in these Terms & Conditions are to Aqua Kate Limited and its subsidiaries. If you have any questions about these Terms & Conditions please contact us via email to the following address: [email protected]

Gift Cards are issued by and remain the property of Aqua Kate which reserves the right, at any time without notice, to: (a) terminate the scheme; (b) decline to issue Gift Cards; and (c) on reasonable grounds, withdraw or cancel Gift Cards or to alter or amend the conditions of operation of the Aqua Kate Gift Card scheme or these Terms and Conditions. Reasonable grounds include (but are not limited to) (i) any abuse or attempted abuse of the scheme, or (ii) any use or attempted use of a Gift Card in a manner which is contrary to these terms and conditions, or (iii) any reasonable suspicion of fraud or tampering of a Gift Card.

The Gift Cards are only redeemable against Aqua Kate merchandise at Aqua Kate online at www.aquakate.gr.

1. Any additional cost exceeding the remaining value of the Gift Card will be paid by the redeemer. No change will be given but any balance will remain on the Gift Card and may be applied to future purchases until the Gift Card’s expiry.

2. Gift Cards can only be used to pay or part pay the value of the merchandise and cannot be redeemed against the amount of any sum representing any import duties.

3. The Aqua Kate Gift Card is only offered to individuals aged 18 years or over that lawfully enter into and form contracts under the applicable law, and by using the Gift Card you represent and warrant to us that You are such an individual. We, in our sole discretion may refuse to issue a Gift Card for any reason.

4. The amount of funds shown on the records of Aqua Kate shall be deemed the balance on the Gift Card, unless you can prove to our satisfaction in our sole discretion that there should be a different balance.

5. The Aqua Kate Gift Card is not transferable or assignable and has no cash or gift voucher redemption value.

6. The Aqua Kate Gift Card cannot be used to pay for Gift Cards.

7. Your Gift Card cannot be used as a credit/debit card, guarantee card or identification card.

8. The Aqua Kate Gift Card Scheme is only for personal and consumer use. Aqua Kate Gift Cards cannot be sold, transferred or in any way traded nor offered as a prize or as part of any trade promotion of any kind without our prior written consent.

9. Your Aqua Kate Gift Card cannot be used for any transaction where the beneficiary is a business without the prior written consent of Aqua Kate.

10. Gift Cards and unused portions of Gift Cards automatically expire and become void after a period of 6 months from the date of issuance except where, under the applicable law, you are entitled to a mandatory minimum redemption period in excess of six months in which event you shall be entitled to the minimum redemption period provided for under the applicable law.

11. All provisions of these Terms and Conditions apply to the maximum extent permitted by applicable law. If any provision of these Terms and Conditions shall be determined to be unlawful, void, or for any reason unenforceable under applicable law, we may replace those terms with similar terms to the extent enforceable under the applicable law, but the validity and enforceability of any remaining provisions shall not be affected. Our failure to enforce the strict performance of any provision of these Terms and Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms and Conditions.

12.Applicable Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Country. In this regard, Gift Cards purchased from the Aqua Kate website are deemed issued in Greece and shall governed by Greek law. This provision does not affect your statutory rights as a consumer.

12. Gift Card - Data Protection Statement

We would like to use your details, plus details on how you use your Gift Card and what you buy online, to:

Help manage the Aqua Kate Gift Card and improve the way we run it

Understand our customers’ shopping habits to improve our service

Unless you indicate otherwise (when registering your Gift Card online), contact you with offers and information about Aqua Kate products and services of interest to you.

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order for a Gift Card, the processing of your payment and redemption details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.

We will share your details among Aqua Kate company, and other businesses that process Gift Card information on our behalf (e.g. printers who need certain details to print mailings). We may also use and share information relating to groups of customers, without identifying individuals, to learn more about customer behaviour and find ways of enhancing our service.

By registering the Gift Card online you consent to the storage, use and processing of your personal information in the manner provided for above.

13. Promotional Code & Online Offer - Terms & Conditions

From time to time we may issue promotional discount codes to individuals or groups of people. Unless stated otherwise, they are not valid in conjunction with any other offer, discount, promotion or on sale items.

Each code will have its own specific terms, for example when it is valid from and until, and what discount or offer it provides you. However, general terms for the use of voucher codes are:

• They are not valid in conjunction with any other offer, discount, promotion or on sale items
• They cannot be used to purchase online gift vouchers
• They are only available for your sole use and will not be valid if passed on to third parties

14. Prize Draw / Competition Terms & Conditions

From time to time we run various prize draws and competitions and encourage you to take part as there are always fantastic prizes on offer.

Each prize draw or competition will have its own specific terms, for example when it starts and ends, and what you need to do to enter. However, general terms for entering prize draws and competitions include:

• There is no cash alternative to the prize.
• All winners will be chosen from at random from all the entries received.
• The judges’ decision is final and no correspondence will be entered into.
• The winners will be notified within 28 days of the draw or competition closing by email, phone or post.
• Winners must respond to us within 7 days confirming acceptance of the prize. If no response is received within 7 days, we reserve the right to choose an alternative winner and contact them.
• Details of the prize winner will be available upon written request.
• The prize draw or competition is not open to anyone associated with Aqua Kate.
• Entrants must be at least 18 years of age and proof of age will be required before the prize is dispatched.
• No responsibility can be accepted for entries which are not properly received due to communications beyond our control.

15. Sale

During sale periods, sale items are available online at www.aquakare.gr. Discounts on selected lines only. While stocks last.

Aqua Kate reserves the right to withdraw or alter the details of this offer at any time. Due to the nature of sale, prices are subject to change as the sale continues and as stock becomes more limited.

We are unfortunately unable to offer to refund the price difference should you have ordered before the prices were reduced further. If your sizes are still available you are welcome to place a new order with the current pricing and return the original order for a refund.

16. Returns & Refunds

We hope you are delighted with your purchase; however should you wish to return your online order for an exchange or refund, we will accept returns for orders sent back within 28 days of receipt.

Please ensure the item(s) are in their original condition and packaging, with all tags attached. Ensure that briefs are tried on over your own lingerie - we will not accept returns on lingerie that has been damaged or worn.

Returns which do not comply with our return policy or Terms and Conditions will be returned to the customer and a return handling and shipment fee will be charged.

Online purchases cannot be returned to a boutique.

Return Process

For your convenience, we offer an easy tracked return service for the below countries:

Australia, Austria, Belgium, Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, USA.

We are charged via our return provider and couriers for this service, and if you choose to use our return service we pass on these costs as listed in the table below:

*Europe region is determined by the countries serviced by our EU and European storefront which transacts in EUR currency.

Refunds: Refunds are processed within 14 working days of receipt to allow for inspection onto the original method of payment (credit card, gift voucher or Paypal account). We cannot facilitate with refunds to a third party. You will receive an email once your order has been refunded.

Exchanges: We only offer size exchanges on the same product contained in your order. Where available, replacement items will be dispatched within 14 working days. If your chosen replacement size is not in stock, you will automatically be refunded. For alternative items, please place a new order on our website or alternatively, please get in touch with our Customer Care team.

Gift vouchers: Please note that gift vouchers are not cash refundable. Items purchased via gift voucher can be size exchanged, or you can be re-credited with the value.

Abnormal Returns

If we notice an unusual pattern of returns activity that we, in our absolute discretion, consider to be abnormal, we may reject new orders from associated customers and deactivate any relevant accounts.

Abnormal returns activity includes but is not limited to:

• When items are being worn for long periods, then are being returned.
• When the level of returns and/or the frequency of returns on an account is what we deem to be excessive.
• When the items returned don't correspond with what you ordered. If this happens to you and you think we've made a mistake, please get in touch with Customer Services and we'll be happy to discuss it with you.
• If your account has been deactivated and you need to make a valid return, contact Customer Services. They'll give you a returns label although you'll be responsible for the cost of returning the goods to us.

Importantly, please be advised that we reserve the right to take legal action against you for the recovery of losses, if we conclude that customers are fraudulently or wrongfully misusing our returns policy.

Faulty Returns

If you have received a faulty item in your order we apologise for any inconvenience caused. Please contact our client experience team who will be happy to assist you with the return of your order.

Get in touch via email at [email protected] or alternatively call us on:

Greece, Europe & Rest of World

+30 6987063025 Mon - Fri 9AM - 5.30PM EUST

17. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Greece. Your use of the VIP card and any dispute arising out of such use of the VIP card is subject to the laws and jurisdiction of Greece.

his provision does not affect your statutory rights.

Aqua Kate, a company registered in Greece whose company registration number is 168891802000 and VAT number is 802048590.

18. Data Protection Statement

We would like to use your details, plus details on how you use your VIP card and what you buy online, to:

• Help manage the Aqua Kate VIP card and improve the way we run it.
• Understand our customers’ shopping habits to improve our service.
• We will share your details among Aqua Kate company.
• We may also use and share information relating to groups of customers, without identifying individuals to learn more about customer behaviour and find ways of enhancing our service.
• Except as required by law, or in accordance with these Terms and Conditions, your personal information will not be passed to any other persons without your permission.