Terms and Conditions
Last Updated July 20, 2019
1. Introduction and Defined Terms
Welcome to www.greekbiostore.com, the website (“Site”) operated by Greek Elite Products, LLC (“GEP”). GEP is an online retailer and distributor of food, nutritional supplements, and cosmetics, particularly from Greece.
Whenever possible, our Site will provide information and disclosures so you can be aware of any product’s limitations, potential allergens, sources of ingredients, warnings, and other facts related to the nature, quality, and ingredients of the products we sell. GEP is not a manufacturer of any product sold on this Site and we frequently rely on the information as provided by the producer of any product.
"We", "Us", "Our,” and "GEP" shall refer to Greek Elite Products, LLC, including any subsidiaries we may form or acquire in the future.
Our "Site" or "Sites" shall refer to the website and mobile website operated at www.greekbiostore.com by GEP.
"You" or "your" shall mean any user of any GEP Site.
"Content" shall mean merchandise information, product descriptions, reviews, comments, messages, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, and written and other materials) made available on our Site.
"Ideas", shall mean ideas, concepts, feedback, and know-how that you make available in connection with the GEP Site.
"Make available" shall mean post, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of our Site administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with our Site through the tools offered by such social media platforms).
"Materials" shall mean Content and/or Products we make available on or through our Site.
"Products" shall mean the items listed for sale on the GEP Site.
IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND GEP ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
2. Your Use of the GEP Site; Account Login and Password
You must create and maintain an account with GEP in order to purchase Products. There are two types of accounts which may apply to you: (1) An individual consumer account for personal use and purchases by an individual; and (2) A wholesaler and retail account for wholesalers, distributors, and retail stores that want to resell our products. Wholesalers, distributors, and retail stores are prohibited from using or maintaining an individual consumer account for the resale of our Products. Samples for wholesalers, distributors, and retail stores may be requested by sending an email to [email protected].
You certify that the Content you provide on or through the GEP Site is accurate and that the information you provide on or through the GEP Site is complete. You are solely responsible for maintaining the confidentiality and security of your account, including your username, password, and PIN, if any is created by or for you. GEP is not responsible for any losses arising out of the unauthorized use of your account. You agree that GEP does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the GEP Site. You agree that GEP is not a party to any such agreement, nor is GEP responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the GEP Site or any portion of the GEP Site, and (2) charge, modify, or waive any fees required to use any services, functionality, or other content available through the GEP Site or any portion of the GEP Site.
In connection with your use of the GEP Site, you will not:
- Make available any Content through or in connection with the GEP Site that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below;
- Make available through or in connection with the GEP Site any virus, worm, Trojan horse, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- Use the GEP Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful;
- Harvest or collect information about users of the GEP Site;
- Interfere with or disrupt the operation of the GEP Site or the systems, servers, or networks used to make the GEP Site available, including by hacking or defacing any portion of our Site, or by violating any requirement, procedure or policy of such servers or networks;
- Restrict or inhibit any other person from using the GEP Site;
- Reverse engineer, decompile, or disassemble any portion of the GEP Site;
- Remove any copyright, trademark, or other proprietary rights notice from the GEP Site;
- Use or incorporate any portion of the GEP Site into any product or service, unless you obtain GEP’s express prior written consent to do so;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the GEP Site without GEP’s express prior written consent;
- Cause injury to any person or entity;
- Use the GEP Site or GEP’s name(s), logo(s), or brand(s) to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a GEP trademark, logo, URL, or product name without GEP’s written consent; and
3. User Reviews
A. Submitting Reviews
B. GEP’s Rights to Use Reviews
You grant to GEP a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) any reviews, Content, and Ideas that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that GEP is free to use any reviews, Content or Ideas for any purpose. GEP may sublicense its rights in reviews and Ideas through multiple tiers of sublicenses. GEP is, and will be, under no obligation to (1) maintain any review, Content, or Idea in confidence; (2) pay any compensation for any review, Content, or Idea; or (3) respond to any review, Content, or Idea. You grant to GEP the right to use any name associated with any Content, or Idea that you make available to GEP, although GEP has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.
C. Prohibited Content
You agree that you will not make available Content on or in connection with the GEP Site that:
- Is false, fraudulent, inaccurate, or misleading;
- Contains your full name(s), or any other confidential personally identifiable information of yourself or others;
- Violates any local, state, federal, or international laws or is otherwise tortious;
- Is protected by or would infringe on the rights of others (including GEP), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
- Is obscene, indecent, pornographic, or otherwise objectionable;
- Is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by GEP in its sole discretion;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
- Contains advertisements, solicitations, or spam links to other websites or individuals without prior written permission from GEP;
- Contains or relates to chain letters or pyramid schemes;
- Impersonates another business, person, or entity, including GEP, its related entities, employees, and agents;
- Violates any policy posted on the GEP Site; or
- Is intended to cause harm, damage, disable, or otherwise interfere with the GEP Site or the sites of our third-party affiliates.
4. Monitoring by GEP
5. Materials Available on the GEP Site
GEP and its suppliers and licensors may make available various Materials for inclusion on our Site. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. GEP makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the GEP Site, please let us know by contacting us at [email protected].
Ingredients and Allergen
While our Site’s Materials may include vendor-provided ingredient lists and information about many allergens, we refer you to our Disclaimer below and advise that you consult with your physician about all health matters. Importantly, disclaimers on our Site, herein incorporated by reference, state only major food and ingredient allergens. Always consult a physician regarding the Materials provided on this Site as well as any symptoms or a medical condition you, or another person that will be consuming Products available on GEP’s Site, may have.
NO MATERIALS RELATED TO HEALTH, WELLNESS, OR NUTRITIONAL OR DIETARY SUPPLEMENTS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT, AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY PRODUCT IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY HEALTH, WELLNESS, OR NUTRITIONAL SUPPLEMENT PRODUCT.
GEP ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
Our Site may make available listings, descriptions, and images of actual goods and services ('Product" or "Products").
Such Products are made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site) of such Products. Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We may sell Products for children’s use; however, these Products are intended for sale to adults.
GEP has no liability to you for content on our Site that you find to be offensive, indecent, or objectionable.
GEP is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties, our advertisers, or other third parties to whose sites we may link. While our goal is to provide accurate information, product packaging and material may contain more and/or different information than that provided on our Site, including the Product description, country of origin, nutrition, ingredient, allergen, and other information. Always read labels, warnings, directions, and other information provided with the Product before using or consuming the Product. For additional information about a Product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. If you find a Product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return), in accordance with our return policy.
7. Third-Party Sites
8. Placing an Order
A. Order Acceptance and Billing
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.
B. Pricing Information; Availability
GEP may not be able to confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on our Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. GEP reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from GEP. GEP may, at its discretion, either contact you to provide instructions or cancel your order and notify you of such cancellation. Pricing for Products may be different on our Site and on other sites such as Facebook or Instagram.
C. Promotional Codes
Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancelation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.
9. Shipping and Delivery
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions set forth below. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.
Delivery of Products purchased to addresses outside of the continental United States is limited and may not be available. Some Products also have restricted delivery within the United States. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
10. Export Policy
You acknowledge that goods sold on our Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials are purchased from, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
11. Intellectual Property
No license, right, title, or interest in the GEP Site or any Materials is transferred to you as a result of your use of the GEP Site or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the GEP Site. The GEP Site and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the GEP Site and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the GEP Site and Materials is the exclusive property of GEP and is also protected by U.S. and international copyright laws.
GREEK ELITE PRODUCTS and DIVINE TASTE OF GREECE names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any part of the GEP Site are trademarks or trade dress of GEP in the U.S. and other countries. All other marks are the property of their respective companies.
12. Procedure for Making a Claim of Copyright Infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the GEP Site, please contact us for instructions on how to report possible copyright infringement.
14. Third-Party Software and Licensing Notices
16. Return Policy and Refunds
If you have received the wrong or a damaged Product, or are missing Products, please contact GEP via email at [email protected] within three (3) business days of delivery to report the issue. You must also return all unused or damaged products to GEP at 14651 Biscayne Blvd., Ste. 321, North Miami, FL, 33181-1211 via a method providing for tracking of shipments (e.g, FedEx) within three (3) business days of receipt of Products. If you would like a store credit for your shipping cost, then you must also email us a receipt for the return shipment. GEP shall review your claim, and within three (3) business days of receipt of the Product, attempt to resolve the issue by one of the following:
1. Shipping the correct Product, plus a store credit equal to the value of return shipping costs.
2. Issuing a credit to your credit or debit card, plus a store credit for the return shipping costs.
3. In the event a Product was omitted from your order, shipping the omitted Product at no extra shipping cost.
17. Disclaimer of Warranties
18. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, GEP WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF A PRODUCT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GEP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES, FINANCIAL INJURY OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, GEP WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AGGREGATE PURCHASE PRICE PAID BY YOU TO GEP IN CONNECTION WITH YOUR USE OF THE GEP SITE OR THE PURCHASE OF ANY PRODUCT FROM OUR SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, GEP WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE GEP SITE.
20. Disputes and Arbitration; Applicable Law
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Using or accessing the GEP Site constitutes your acceptance of this arbitration provision. Please read it carefully as it provides that you and GEP will waive any right to file a lawsuit in court or participate in a class action for matters within the terms of the arbitration provision.
This is to notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such site.
24. How to Contact Us
If you have any questions or comments, please contact us at [email protected]. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Consumer Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.