- General Terms and Conditions of Use
The Company under the name «OPUNTIA Luxury Oils Private Share Company» (hereinafter called «OPUNTIA»), having her head/registered office in Athens-GREECE, is the sole owner and manager of the webpage/website www.opuntialuxuryoils.com (hereinafter called the website).
- Conditions of use and proper functioning of our website
The user of our website confirms that he/she is not underage; he/she has the legal capacity to use it and is capable to take over and fulfil the obligations deriving from any transaction through our website www.opuntialuxuryoils.com. He/she also confirms that he/she accepts the present terms and conditions and he/she is willing to use the website according to our specific terms and conditions, which he/she understands and approves fully. In case the user in underage, the subscription to our website must be done by the persons holding the parental responsibility of the underage (i.e. his/her parents), being entitled to represent and undertake actions on the underage’s behalf. The person holding the parental responsibility of the underage is personally bound from the present terms and conditions of www.opuntialuxuryoils.com, and fully acknowledges that the underage will use our website properly, legally, according to the present terms and conditions.
The user accepts to keep confidential all the passwords given by “OPUNTIA” in order for the user to have immediate access to the website and guarantees that no third person, without authorization, will have access to those passwords.
The user undertakes the responsibility of all the economic consequences that will occur and derive, if the password – given in order to use this website – is used by a third person and not exclusively by the user.
Moreover, the user states and declares that all the information given in order to have access to our website is real and accurate.
The use of the above-mentioned website and more precisely the use of the website www.opuntialuxuryoils.com from the user, is conditioned by the prior comprehension, careful reading and approval of the herein mentioned terms and conditions, which are valid for all the content, pages, graphics, pictures and all the files that are included in this website. In case the user of this website disagrees with the content of our website, he must not use the services and content of the website. The user is kindly asked to check the content of some specific pages of the website in case future modifications appear. The use of the webpage www.opuntialuxuryoils.com, after the modification of the content of certain pages, means the unconditional acceptance by the user of those terms and conditions.
The terms and conditions of use of our website constitute the entire and integral agreement between “OPUNTIA” and the user of the website, and binds only those two parties. No modifications of the terms and conditions will be taken into account and therefore, won’t be included in this bilateral agreement, unless expressed in written form by OPUNTIA. The modifications shall also be integrated to the present terms and conditions, in order for those to be valid. OPUNTIA may modify the present terms and conditions without prior notice to or permission of the user.
The user of the website www.opuntialuxuryoils.com is obliged to use it according to the law and the herein mentioned terms and conditions. This website is entirely designated for personal use of the user and therefore, can’t be amended, reproduced, copied, distributed, sold, resold or used for commercial or non-commercial purposes. Also, the user of this website is prohibited to make actions or omit to do actions that will harm or cause malfunctioning to the website and/or affect it negatively or put in danger the services offered to the citizens via this website.
Consequently, the user accepts not to make use of this webpage through illegal ways, or prohibited ways and the products that are purchased through this website, will be used by the user only for the user’s personal use, or for people on behalf of which the user is authorized to act.
The user is not entitled to resell to third parties services and products that have been purchased through this webpage (hereinafter “Products”). In case of such action, OPUNTIA reserves all its rights and is entitled to seek direct or consequential damages or any further legal protection against the liable user.
2.Terms and Conditions of Purchase
2.1.1 How to order
Orders are placed online at: www.opuntialuxuryoils.com.
2.1.2 Order processing & pricing policy, modification of an order
The order is a distance contract applied by the relevant legal framework (article 4 regarding the trading of goods and services from distance of the law 2251/1994 for the consumer’s protection, as amended and valid). With the entry of each order, the consumer receives a confirmation message with the order details and related information such as:
(a) the ordered Product, (b) price, amount, VAT (as applicable under Greek legislation), (c) method of payment and delivery.
Orders and shipments of Products or goods are accepted both in Greece and abroad. Orders are executed via www.opuntialuxuryoils.com within working hours (9: 00 am-17: 00 pm) except of Saturdays, Sundays and public holidays. Orders received outside of the working days and hours, will run the next working day.
The prices of the Products/goods are final (including VAT). OPUNTIA reserves the right to change prices without prior notice to or consent of the customer. Irrespective of the price fluctuation, the customer always pays at the time of receipt of the Product/goods the price which was agreed at the time of the finalizing of the order.
Prices are firm for delivery within the period stated herein and are exclusive of any other taxes, duties, levies or other like charges which may arise in connection with the performance of the agreed services.
Changes to the orders are not accepted after their completion. If the client wishes to modify an order, the client must cancel the order, (as long as it has not been finalized) and proceed in placing a new one.
2.2 Payment methods
– By credit/debit card
Customers that pay in US dollars have the option to pay for their order via credit card, debit card and prepaid cards of Visa, MasterCard, Maestro, Discover. Customers that pay in Euro have the option to pay for their order via credit card, debit card and prepaid cards of Visa, MasterCard, Maestro, American Express, Discover.
The customer is solely responsible for the correct, full and true record of credit card data and expressly acknowledges that OPUNTIA bears no responsibility for these items or the proper use of them.
– By using PayPal
The payment of the order can be made by the user’s PayPal account or by using PayPal's guest checkout option. The payment process takes place through the website of PayPal and during this process no data from the personal information used (including credit card number) is saved in www.opuntialuxuryoils.com.
For the avoidance of any doubt, it is hereby clarified that www.opuntialuxuryoils.com is duly displaying the local currency equivalent for the products to be purchased depending on the visitors' location, however visitors hereby accept and agree that payments can only be effected in USD (for USA and rest of the world) and Euro currency (for EU, Montenegro and Norway). The above applies also for the money refunds under 2.4 of the present.
2.3 Delivery, Shipping and expenses of Products
2.3.1 Delivery time
The delivery of the Products/goods is completed within the next 1-10 business days from the day of completion of the order and depends on the availability of the Products and the location of the customer. In exceptional cases of remote geographical points and if the customer has been informed earlier, the delivery time may be extended.
2.3.2 Delivery methods
-The main way of delivering the Products/goods order is via Courier service. OPUNTIA fully reserves the right to determine the type and provider of Courier service freely at its discretion.
2.3.3 Shipping charges – Additional charges
In case of shipping charges, these devolve exclusively upon the customer and are prominently displayed at checkout, following the input of the delivery address, and also in the electronic communication sent to the buyer after completion of the order as per above.
Additional taxes, duties, levies, fees, expenses or other like charges may apply and it is explicitly agreed that they devolve exclusively upon the customer. The customers are exclusively liable to discharge these fees (if applicable) before they can collect their goods and OPUNTIA bears no liability in that respect.
2.3.4 Force majeure events
Any delays in or failure of performance by OPUNTIA shall not constitute default hereunder or give rise to any claims for damages by the user or any other third party if and to the extent such delays or failure of performance are caused by occurrence beyond the control of OPUNTIA, including, but not limited to: acts of God or public enemy, compliance with any order or request of any governmental Authority, sanctions, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosions, accidents, breakdown, riots, strikes, or any causes, whether or not of the same class or kind of those specifically above named, which OPUNTIA could not reasonably foresee and is unable to prevent (“force majeure”). In case there is inability to deliver Products/goods within the above mentioned time schedule and/or any other delay and/or failure of performance due to reasons of force majeure as per above, OPUNTIA will contact the client and communicate the situation at the earliest opportunity, in order for the latter to indicate whether he/she wishes to receive the order with a delay.
Refunds (money refunds) will be versed back, according to the method of payment the user/customer chose while purchasing the Product or good. Refunds will be done only to the specific person that paid for the purchase of the Product or good, subject to the conditions below.
More precisely, the return of Products or goods by charging the cost to OPUNTIA is accepted in the following cases:
In case OPUNTIA wrongly executed the order via www.opuntialuxuryoils.com (mistake in ordering, pricing or shipping). In this case, the client shall not accept to receive the Product/goods. The products/goods must be returned in perfect condition, sealed, full, without being used and without corruptions. Products must be returned in their original packaging.
In case that, upon receipt, the client identifies any defect in the Product/good which is directly related to impurities, packaging or product quality and which is manifestly not attributed to client’s fault or misuse, OPUNTIA will replace the defective one. The user must inform in writing by sending an e-mail message to the address email@example.com within fourteen (14) working days after receipt of the defective Product(s) otherwise the client hereby explicitly and unreservedly accepts that he/she loses the right of refund, without any right of recourse. Defective Products/goods should be returned directly to the company for the proper receipt of the refund claim of the user. Any shipping costs for the replacement of Products as well as for the return of the defective Products/goods or for the return of Products/goods the order of which was wrongly executed shall be borne by OPUNTIA. The decision for determination of defect and replacement or refund for such Products shall be solely at OPUNTIA’s discretion. Once and if the claim is approved OPUNTIA will proceed to the replacement of defective Products or refund of money paid directly and not later than (14) days after the receipt of the defective Products.
2.5. Warranty, Liability and Idemnification
2.5.1 OPUNTIA’s Products contain oils from natural nuts, seeds, fruit and flowers. Any information on ingredients used in our Products appearing on www.opuntialuxuryoils.com is not intended to be, nor should be interpreted as, advice or recommendation concerning the use of any Product.
Opuntia Luxury Oils Products are made with naturally derived ingredients, which in rare cases may cause sensitivity to certain individuals. If sensitivity occurs, discontinue use immediately. Any product could cause a negative skin reaction or react differently to various treatments, even natural products. If you are uncertain about possible sensitivity, always do a patch test before use or consult your healthcare professional.
In the case of pregnancy please consult with your health care professional.
Products and advice by Opuntia Luxury Oils make no claim to cure or prevent any disease or medical problem and are not intended to substitute other therapy or medical advice.
Any Products you purchase through our website should be used as directed under the “Application” section of the Products pages on the website www.opuntialuxuryoils.com or on the flyer enclosed in the Product’s packaging. OPUNTIA fully reserves the right to freely update these application directions or any other relevant guidance, including information on the Product container or packaging, from time to time, as it deems fit. If you have questions about your use of the Products, any allergies or other special health conditions, please review the Product label and the website www.opuntialuxuryoils.com carefully. We make every reasonable attempt to ensure that the above sources accurately list all of the ingredients used. We recommend that people with sensitive skin perform a patch test first to ensure there is no reaction. Discontinue if irritation occurs. We are not responsible and bear no liability if such a reaction occurs as a result of any consumer using our Products. If you have any sensitivities or allergies to any listed ingredients you should not consume or use these Products whatsoever.
2.5.2 OPUNTIA warrants that, as of the date of delivery, the Products meet OPUNTIA’s standard published specifications for the Products in effect at the date of delivery.
2.5.3 OPUNTIA makes no warranty of any kind, express or implied, as to merchantability, beauty and fitness for particular purpose, or any other matter with respect to the Products.
2.5.4 OPUNTIA provides details of the Products only for informational purposes. Such information is not a substitute for compliance with Regulation 1223/2009 and GMP rules as applicable in EU and/or Greece (ministerial decision ΔΥΓ3α/Γ.Π.118601/2010) and/or any third countries (indicatively and not exhaustively, for U.S. Federal Food, Drug, and Cosmetic (FD&C) Act, the Fair Packaging and Labelling (FP&L) Act).
2.5.5 Liability from the use of Products
For any defect in the Product/good causing any direct damage to the user, which is directly related to impurities, packaging or product quality and which is manifestly not attributed to client’s fault or misuse, the responsibility lies with the producer of the Product whose contact info (address, telephone number, e-mail) are found on the packaging and in any case they are to the user’s direct disposal if requested via www.opuntialuxuryoils.com.
2.5.6 Exclusions – Limitation of Liability
OPUNTIA will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Product does not exist or results from:
- Failure to follow OPUNTIA’S use, maintenance or other instructions;
- Unauthorized Product modification or alteration;
- Abuse, misuse, negligent acts, or omissions of client and persons under client's control or
acts of third parties or force majeure events as defined in article 2.3.5 of the present.
WARRANTY EXCLUSIVE. IF AN OPUNTIA PRODUCT DOES NOT OPERATE AS WARRANTED ABOVE, CLIENT'S SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT OPUNTIA'S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. OPUNTIA NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, DELIVERY, MAINTENANCE, OR USE OF ITS PRODUCTS.
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, OPUNTIA EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, DELIVERY, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS, EVEN IF OPUNTIA OR ANY OF ITS AUTHORIZED RESELLER (IF ANY) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT OPUNTIA'S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
DISCLAIMER: Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers, or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you to the maximum extent permitted by applicable law. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights, which may vary depending on local law.
3. Intellectual Property Rights
The entire content of our website, including, indicatively and not limited to, texts, news, graphics, pictures, outlines, illustrations, videos, works, images, dialogues, music, sounds, documents, drawings, figures, logos, proposed services, terms and conditions of use of the website www.opuntialuxuryoils.com, any other material posted on this website in any format, including menus, web pages, graphics, colors, schemes, tools, fonts, design of the web site, diagrams, layouts, methods, processes, functions and software which are part of this website, as well as any modification that relates to this particular content, are protected by copyright and by any other intellectual property right of OPUNTIA and of the relevant right-holders and are governed and protected by the Greek Law, the European Union Law and by all the related International Conventions as well as by national and international provisions of Intellectual Property Law. Furthermore, logos, trademarks, domain names and attributes that are included in the above mentioned website, belong to this website and/or to all the related persons detaining those related (Intellectual Property) rights. The reproduction, wholly or in part, in any form whatsoever of www.opuntialuxuryoils.com and of its contents, or any alteration or modification of it, it is not allowed without OPUNTIA’s written consent.
If any provision from the above mentioned terms is/will become contrary to the general provisions of Intellectual Property Law or invalidated, this term stops instantly to be valid and will be deleted from the present terms and conditions, without affecting the rest of the terms and conditions. The right of using any other material that is protected by Law 2121/1993, as amended by Law 4212/2013 and Law 4481/2017 and in force (IP Law) or any other relevant Law that relates to Intellectual Property or Trademark Law of third parties won’t be taken into account.
For the use and exploitation of the material that belongs to third parties, the final user must ask the permission of the related persons owning the Intellectual Property and Trademark rights, in order for the final user to obtain the rights of use and exploitation.
4. Trademarks and Domain Names
OPUNTIA is the exclusive owner of the logos and registered trademarks and of any other sign that includes the words “OPUNTIA Luxury Oils” and the domain name www.opuntialuxuryoils.com. All the other signs that are used for distinguishing the Products or the services that are sold, advertised or promoted on www.opuntialuxuryoils.com and posted on the web site, are registered trademarks of the respective owners and are used on www.opuntialuxuryoils.com only for the purpose of distinguishing, describing and advertising the Products sold, advertised or promoted on www.opuntialuxuryoils.com.
OPUNTIA and all of the other owners of registered trademarks are entitled to the exclusive use of the trademarks respectively owned.
You are not authorized, without the consent of OPUNTIA and of any other owner of the registered trademarks posted on the web site, to use such trademarks for distinguishing products or services.
Any unlawful or unauthorized use of such trademarks is prohibited and it will result to the enforcement of all legal consequences. Such trademarks and any other sign posted on www.opuntialuxuryoils.gr must in no way be used in order to obtain undue advantage from the distinctive character or reputation of these trademarks or in such a way as to damage them and their owners and, in general, they must be used only for the purposes of www.opuntialuxuryoils.com.
5. Links to Other Web Sites
The website www.opuntialuxuryoils.com contains links to other web sites that are in no way connected to www.opuntialuxuryoils.com or to OPUNTIA. OPUNTIA does not control or monitor such third party web sites or their contents. OPUNTIA shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites.
In particular, OPUNTIA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on, or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OPUNTIA of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The website www.opuntialuxuryoils.com, provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet.
When OPUNTIA provides links to other web sites, OPUNTIA does not recommend to its users to access these web sites and it does not provide any guarantees to their web content or to the services and the Products proposed, supplied and sold by these web sites to Internet users.
6. Links to the website «www.opuntialuxuryoils.com»
Please, contact OPUNTIA at the following e-mail address: firstname.lastname@example.org if you are interested in linking the home page of www.opuntialuxuryoils.com with other web pages that can be publicly accessible. You are called to contact OPUNTIA for requesting our consent to link with www.opuntialuxuryoils.com.
OPUNTIA grants links to www.opuntialuxuryoils.com free of charge and on a non-exclusive basis unless otherwise agreed.
OPUNTIA is entitled to object to certain links to its web site in the event that the applicant who intends to activate links to our website www.opuntialuxuryoils.com, has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or the applicant has made unfair competition activities vis-à-vis OPUNTIA or the latter’s suppliers, or when OPUNTIA fears that the applicant might adopt such practices or such activities in the future. In general, OPUNTIA retains its right to object to certain links to its web site at its’ sole discretion. In any event, it is forbidden to post deep links (such as deep frames) to www.opuntialuxuryoils.com or to use unauthorized meta-tags without OPUNTIA’s consent.
7. Disclaimers on Content
OPUNTIA has made all efforts to prevent the publication on its web site of content describing or representing situations of physical or psychological violence or which, according to the sensitivity of www.opuntialuxuryoils.com’s users, might be deemed to violate civil beliefs or human rights and dignity, in all its forms and expressions.
In any event, OPUNTIA does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Greece.
However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access our web site and, where you nonetheless choose to access it, we hereby inform you that your use of the services provided by www.opuntialuxuryoils.com and OPUNTIA shall be your exclusive and personal responsibility. OPUNTIA has also adopted measures to ensure that the content of www.opuntialuxuryoils.com is accurate and does not contain any incorrect or out-of-date information.
However, OPUNTIA cannot be held liable for the accuracy and completeness of the content posted by OPUNTIA on its web site, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, OPUNTIA cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please contact us by writing to the following e-mail address: email@example.com.
An OPUNTIA’s representative will be at your disposal to assist and help you to restore your access to the web site, as far as that is possible.
At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser.
Although OPUNTIA shall use its best efforts to ensure regular access to its web site, the dynamic nature of the Internet and web content may not allow www.opuntialuxuryoils.com to operate without any suspensions, interruptions or discontinuity due to updating the web site.
OPUNTIA has adopted adequate technical and organizational security measures to protect services on www.opuntialuxuryoils.com, integrity of traffic data and electronic communications, in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of www.opuntialuxuryoils.com and to avoid unauthorized or unlawful access to such data and information.
You agree not to do any of the following:
- Post, upload, publish, submit, provide access to or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the site or application, or any individual element within the site or application, the OPUNTIA name, any OPUNTIA trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
• Access, tamper with, or use non-public areas of the site or application, our computer systems, or the technical delivery systems of our providers;
• Attempt to probe, scan, or test the vulnerability of any OPUNTIA’s system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by OPUNTIA or any of our providers or any other third party (including another user) to protect the Site, Application or Site Content;
- Attempt to access or search the site, application, site content or download site content from the site or application through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by OPUNTIA or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing an OPUNTIAS’ trademark, logo, URL or Product name without OPUNTIA’s express written consent;
- Use the site, application or site content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site, application, or site content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site Content.
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Application;
• Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
- Impersonate or misrepresent your or a third party’s affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
• OPUNTIA will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OPUNTIA may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OPUNTIA has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. OPUNTIA reserves the right, at any time and without prior notice, to remove or disable access to any site content that OPUNTIA, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
This section obligates you to protect us and indemnify us against any illegal activities caused by you. Please read it carefully.
You agree to indemnify and hold OPUNTIA and its affiliates, successors, assigns, officers, directors and employees, and their respective affiliates, successors, assigns, officers, directors and employees, harmless to the maximum extent permitted by the applicable, mandatory law from and against any and all claims, damages, obligations, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and costs) arising from or relating to (i) your access, use or misuse of any of the www.opuntialuxuryoils.com services, (ii) your breach or alleged breach of this Agreement, or (iii) any violation by you of any applicable laws or of any rights of others, including, without limitation, your violation, misappropriation or infringement (or any allegation thereof) of any third party right, or any right of OPUNTIA, including, without limitation, any copyright, trademark, patent, trade secret, property, privacy or other intellectual property or proprietary right.
Personal data and related information is data that can be used only in order to identify a user’s ID or to communicate with him, especially data collected through different submission forms and subject to the legal framework that governs the privacy of personal data, and more precisely, EU Regulation 2016/679 regarding the protection of personal data. The user accepts and gives unconditionally his consent to OPUNTIA to use the above mentioned personal data and related information, when necessary and if needed.
We also invite you to read the www.opuntialuxuryoils.com General Terms and Conditions, because they also contain important indications about privacy and the security systems adopted by this web site.
- Process data exclusively for the purposes and according to the methods illustrated in the notice presented to users at the time of its collection;
- Use data for other purposes, with respect to those specified at the time of collection, only where the user has expressed its express consent to such use;
- Make data available to third party companies only for purposes that are strictly necessary to provide the requested service(s) and only where monitored by a data supervisor; not communicate, cede or transfer data to third parties for purposes exclusive to the third party unless the users have received prior warning and have granted their consent;
- Answer all requests for cancellation, variation and integration of personal data, opposition to data processing for the purpose of sending commercial information and advertising;
- Ensure that data processing is conducted fairly and legally, protecting user privacy and implementing appropriate technical and organisational measures to ensure a level of security appropriate to the risk (i.e. confidentiality, integrity, availability, ability to restore the availability).
Personal data processing is conducted primarily by means of information systems and electronic devices by OPUNTIA and other parties who, selected with care for their reliability and competence, conduct operations that are essential in order to achieve the purposes strictly related to the use of the web site, its services provisions sales of Products and purchases via the web site (see below, ‘Parties who may process your personal data’).
The specific purposes for which your personal data is processed are summarized each time you communicate your personal data. In general, data is processed in order to provide the following services available to those who visit our site:
- Registration on the site, to enjoy the services we offer;
- Subscription to additional specific services, such as our OPUNTIA newsletter, and other similar information bulletins about our activities.
For this reason we have set up the site in such a way as to reduce use of your personal data to the absolute minimum: therefore, your personal data is not processed when the purpose of the specific activity can be achieved by using anonymous data (such as market surveys intended to improve services) or by means of other methods that make it possible to identify the person involved only if strictly necessary or at the request of authorities or the police (such as site traffic data, the time you spend visiting our site or your IP address).
Your personal data will be communicated to third parties only with your express consent, except for the cases when such communication is obligatory by law or is required for purposes envisaged by the law, for which the person’s consent is not required; in these cases the personal data may be made available to third parties who will process the data autonomously and exclusively for such purposes.
Also, OPUNTIA can communicate your personal data to third parties for the purposes of its scope, since you have been notified relevantly and you have given your written consent for this by reading, understanding and accepting the present terms and conditions, as well as in cases of data processing for which the law established that your consent is not required: for example, we wish to inform you that OPUNTIA can process your personal data without your consent if this is necessary to comply with the provisions of the law or whenever this is necessary to fulfil the contractual obligations it may have entered into with you (for example, when you have bought Products or have requested specific services through our web site).
It could happen that OPUNTIA may find itself processing personal data of third parties, communicated directly to OPUNTIA by its own users, such as when the person who pays for a Product/good is different from the addressee.
OPUNTIA reserves the right to eliminate accounts and all related data if illicit contents is discovered that is harmful to the image of OPUNTIA and/or its Products/goods or those of third parties or, in any case, may be considered offensive, may be seen to promote illegal or libellous activities, includes pornographic material, incite to violence, or promote discrimination based on race, gender, religion or sexual preferences.
10.2 Data controller
The data controller of the information collected through this website is OPUNTIA and its subcontractors. OPUNTIA independently establishes the purposes and methods of data processing and the implementation of security procedures to guarantee the privacy, integrity and availability of such data.
10.3 Optional or compulsory communication of personal data
Communicating your personal data to OPUNTIA when requested in any of the many instances where personal data is collected through the site may be essential in order to achieve the purposes set down by the communication itself, or not prejudicial in this regard.
The compulsory or optional nature of the data provision is specified each time – with reference to the specific data requested – at the point of input for each data collection, by marking compulsory information with an asterisk (*).
If you refuse to communicate the information marked as compulsory to OPUNTIA, it will be impossible to achieve the main purpose of the specific data collection or provide any of all the services available on www.opuntialuxuryoils.com.
Communicating additional data to OPUNTIA, other than those marked as compulsory is optional and will not produce any consequences with regard to the main purposes of the collection (such as, par example, using the web site and its services).
10.4 Data supervisors
The data supervisors charged with processing your personal data are OPUNTIA employees that process the data required to manage and maintain the OPUNTIA servers and develop the OPUNTIA applications. Please contact our Customer Care or send us an email at firstname.lastname@example.org if you would like to receive a full list of our data processors.
10.5 Parties who may process your personal data
OPUNTIA has chosen to call on other companies for processing your personal data, for certain specific activities. The companies that conduct such operations have been carefully selected and are experienced, capable and trustworthy, and offer sufficient guarantees that they abide by the applicable laws and regulations that regulate data processing, including the security profile of such data.
These companies may have therefore been appointed data supervisors, and they conduct their activities according to the instructions and under the control of OPUNTIA. We verify on a regular basis that they have fulfilled the duties assigned to them and that they continue to offer sufficient guarantees of compliance with the provisions that govern the protection of personal data.
Our employees assigned to specific services also process your personal data; the categories of employees involved in these activities depend on the purposes for which the data was communicated and are always specified in the notice displayed when you communicate your personal data.
10.6 Security measures
However, OPUNTIA cannot guarantee its users that the security measures adopted to protect the site, data transmission and information on the site, limit or exclude any risk whatsoever of unauthorised access or dispersion of data via user devices: we advise you to ensure that your computer is equipped with appropriate software to protect data transmission on the network, both incoming and outgoing (such as up to date antivirus systems) and that your Internet service provider has also adopted adequate security measures to protect network data transmission (such as a firewall and antispamming filters).
10.7 Your rights
You are entitled, at any time, to obtain confirmation from OPUNTIA that your personal data is or is not being processed, even if not yet registered, and its communication in an intelligible form (right to access).
In addition, you may always be entitled to obtain from OPUNTIA:
- updating, correction, and integration of your personal data (right to correction);
- having your personal data permanently deleted and eliminated (right to erasure)
- certification that the operations described at letters a) and b) have been notified, even with regard to their contents, to the persons to whom your data has been communicated or disseminated, except in those instances where such certification turns out to be impossible or would require a clearly disproportionate deployment of means compared to the right protected.
- transformation into an anonymous form or the blocking of your personal data being used, including the data deemed unnecessary for the purposes for which the data was collected or subsequently processed in the first place (right to restriction of processing);
- transferring your personal data to another data controller in a safe and secure way (right to portability),
- You do, in any case, have the right to totally or partially oppose for valid reasons (right to object) the processing of your personal data for the purposes of advertisement or direct marketing mailings, or if used for the purposes of market surveys or commercial communications.
You may freely exercise your rights at any time by sending a written request to OPUNTIA to the mailing address support at www.opuntialuxuryoils.com and we will reply promptly.
To ensure that your personal data is always exact, up to date, pertinent and complete, please advise us of any variations by writing to support at www.opuntialuxuryoils.com.
10.8 Direct Selling – Targeted Advertising
We also wish to inform you that the relevant provisions of the Greek Law permit OPUNTIA to use your postal address for sending you – with administrative and accounting documents – adverts or information material about products similar to those you have already ordered, purchased and, in general, expressed interest in any way, unless you refuse to allow such use of the postal address you communicate to us.
All of the above constitute the minimum information that OPUNTIA is obliged to provide you with: for any further information about the processing of your personal data by OPUNTIA, please contact us at email@example.com
Consequently, our site uses automatic systems to collect data that are not directly communicated by the user, such as cookies. A cookie is an application transmitted to the user’s hard disk.
Precisely, and for your information, a cookie is a small text file that has been posted, through a webpage, on your computer, while visiting that precise webpage. The main purpose of cookies is that they store the data of a webpage while visiting it more than one time or while moving from page to page, but inside the same website. Some cookies are necessary, in order for you to be able to use the website successfully, because they offer the possibility to stock information/data that you have already entered. Moreover, other cookies can be used in order to concentrate specific information related to the website, or, to show you different products that you might be interested in.
Cookies do not contain any concise information but associate the user with the personal information registered on the website. Cookies are stored on our server and no one has access to the information they contain. Only OPUNTIA processes the information collected through cookies, which are anonymous and willing to optimize our services and our site according to the specific requirements and preferences of our users.
Cookie preferences must be precisely defined for each browser (i.e. Internet Explorer, Google Chrome, Mozilla Firefox, Safari…). Usually, there are various options to manage cookies: to activate or totally deactivate cookies, to delete specific cookies that have already been saved in the browser, blocking specific webpages saving any type of cookie on your computer but also blocking third party cookies (meaning while surfing on a website, cookies from another webpage are saved on your computer).
10.10 Facebook Custom Audience via the Pixel Process
OPUNTIA uses the «Facebook Pixel» offered by the Facebook social network owned by Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA or, if you live in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook").
Facebook pixel is a snippet code that is placed on our site. Facebook Pixel connects you directly to Facebook servers when you visit OPUNTIA’s site.
Facebook Inc., based in the United States, has been certified under the "Privacy Shield Agreement" agreement and therefore guarantees compliance with the data protection level applicable in the EU: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
10.11 Deep links to other web sites
Our site provides links to these sites exclusively to facilitate our users in their research and navigation and to facilitate hyper textual links to other sites on the Internet. Such links do not represent any sort of recommendation or promotion of access or navigation by OPUNTIA, or any guarantee of their contents, or the services and goods they may offer or sell to Internet users.
11. Governing Law, Jurisdiction
The user can communicate with ECC for a complete guidance on the entire process of submission and processing of his complaint.
12. Contact us
For any clarification or additional information regarding www.opuntialuxuryoils.com, regarding how OPUNTIA processes users’ personal data or relevant to the products presented and sold on our website, you can call us on +30 6979375363 (on Greek working hours) or email us at: firstname.lastname@example.org.