📙 ACS courier Terms and Conditions for shipping and delivery

TERMS OF USE of the WEBSITE

General

The website www.acscourier.gr or https://www.acscourier.net (hereinafter, the “Website”) is property of the company ACS TACHYDROMIKES YPIRESIES ΜΟΝΟPROSOPI ANONYMI EMPORIKI ETAIREIA trade name «ACS S.M.S.A», which is based at 36-38 Petrou Ralli Str, Egaleo (henceforth ACS S.M.S.A).

The use of the Website of ACS S.M.S.A (henceforth “the Company”) and the related rights and obligations are governed by the terms and conditions set forth in the present document and in its integral parts and apply to the entire content of the Website as well as to its individual pages.

The Website is provided by ACS S.M.S.A and relates only to legal or natural persons with full legal capacity and can enter into legally binding agreements under the applicable law. The use of the Website, its contents and its applications are prohibited to minors (or under 18 years of age).

The navigation, access or use of the Website as well as of any services which are provided through it is deemed evidence that the visitor/user has read, understood and accepted all the terms of use.  For this reason, the visitor is invited to read in advance the contents of the terms of use.  If the visitor/user disagrees with the Website’s terms of use then he/she should not use its services and contents.

The Company reserves the right to unilaterally amend at any time and without notice the terms and conditions.  The Company will post online the current version of the terms of use and the continued use of the Website or of its services will be deemed as acceptance of the new terms.  For this reason, the user is advised to check periodically the terms of use.

The Website’s terms of use, as well as any amendments thereto, are governed by national and Community law and by any applicable international treaties.  If any provision of the said terms and conditions is found to be contrary to the above legal framework or is invalid, then it automatically ceases to apply and is removed from the present document, without in any way affecting the validity of the remaining terms.

Similarly, in case some terms of use become partially or wholly invalid or non-applicable, the applicability and/or the validity of the remaining terms or any part thereof is not affected.  The invalid and/or non-applicable terms will be replaced with terms that are as close as possible το the meaning and purpose of the invalid or non-applicable terms.

Disputes arising from the application of terms and the overall use of the Website by the visitor or the user will be initially resolved through friendly settlement.  However, if this is not possible then the disputes will be governed by the Greek law and subject to the exclusive jurisdiction of the Courts of Athens.

The following are also integral and binding part of the terms of use:

the STATEMENT OF PRIVACY PROTECTION – SECURITY AND CONFIDENTIALITY POLICY, as well as the user manuals of the applications that are included in each application separately, which are listed in separate texts in order to be more comprehensible and clear but also more easily accessible to users.

Intellectual Property (Copyrights) – ACS Trademarks

The Website contents (programs, information material in any form, data, software, graphics, trademarks, trade names, logos etc.) are intellectual property of ACS S.M.S.A and are protected by the applicable national, community and international law.  Any modification, publication, transmission, transfer, reproduction, distribution, presentation, linking, downloading or any exploitation of the Website by other means, in whole or in part, is prohibited without prior explicit written permission by ACS S.M.S.A, which reserves all legal rights.

The contents of the Website are made available to visitors/users for their personal use and it is prohibited to provide them for commercial purposes.

Third party products or services, mentioned in the present Website, bearing the trademarks of the respective organizations, companies, affiliates, associations or publications are intellectual and industrial property of these parties.

Use of links to third party websites (links)

The provision, at present or in the future, of access to third party websites through links on the Website is done solely for the convenience of visitors/users, while the use of these links will be the sole responsibility of the visitors/users and corresponding websites will be subject to their own terms of use, for which ACS S.M.S.A bears no responsibility.  ACS S.M.S.A does not guarantee the availability of third-party websites and does not provide approval nor is liable for the contents, accuracy, lawfulness, completeness, updating and accuracy of the information or for the quality and characteristics of the products or services which are made available by such entities through these websites.  ACS S.M.S.A is not liable either for any errors or malfunctioning of third-party websites or for any losses suffered by users from access and use of the information, services and products provided through these websites.

Validity of the Website – Virus Protection – Limitation of ACS’s liability – Disclaimer

The Website may contain inaccuracies or typographical errors which if detected will be corrected by ACS as per its discretion. However, ACS cannot guarantee the accuracy, completeness, correctness, updating or the non-infringement of the Website contents for any use, application or purpose.  Moreover, ACS does not guarantee that errors will be indeed corrected or entirely corrected or that answers will be given to all questions received.

Although ACS makes every possible effort to exclude the occurrence of viruses on this Website, it does not guarantee that the functions of the Website will be uninterrupted or free of any bugs or viruses.  ACS is not responsible for any data loss or other damages to the visitor/user or third parties, whether due to use/copying/downloading or corruption or virus infection or other unauthorized third-party interventions into files and data which are available via the Website.

Each visitor must take all appropriate security measures (e.g., antivirus software) before any downloading out of this Website.  The cost of any corrections or repairs is assumed by the visitor/user and in no case by ACS.

ACS is not responsible for any temporary unavailability of the Website, or for any discontinuation of specific or of all its functions or applications, or for any malfunction or technical matters which may occur.

Under no circumstances, including negligence, shall ACS be liable to the visitor/user or any third party for any damage, direct or indirect, incidental or consequential, associated in any way with the use of the Website, the navigation through it and the use of the services or of the information contained in it.

User Behavior

The users of the Website must comply with the rules and provisions of the Greek, European and International Law and the relevant legislation governing telecommunications and refrain from any illegal or abusive behavior regarding its use and in connection to it.  The user of the Website shall be liable for any damage caused to the website of ACS S.M.S.A, related to malicious use or misuse of the Website and the services offered through it.  In the event that ACS S.M.S.A engages in any litigation or is required to pay any compensation due to breach of the obligations of the user as specified in these terms, the user shall indemnify ACS S.M.S.A on this ground. In the event that a security code (PIN), issued by the ACS S.M.S.A, is required for access to specific information, each user is solely responsible for ensuring the confidentiality of his/her security codes and assumes solely the risk of own damages or damages to ACS S.M.S.A from third party access, by any means, to the security codes.

Access to the Website’s applications – Ordinary & Registered User   

The data entered during registration must be complete and accurate and must necessarily include the following: first and last name in full, current e-mail address.

ACS S.M.S.A provides through its Website some dynamic applications for the convenience of the users for its services, such as the conditional access to consignment tracking related to each user, the nearest store of its network, the calculation of an indicative shipping cost, the display of the P.S.I. (provided services invoices) list or the P.S.R. (provided services receipts) list, etc.

These applications may be used only for the purposes mentioned above and are provided for information purposes only. ACS shall not be liable for any incorrect information input or any damages to the user from the use of such information or applications.  Especially pertaining to the application which regards the data of a specific consignment, the information derived from it is intended solely for the sender or for the person on behalf of whom it was sent, and its use by any third party is prohibited.  This is strictly a personal service and, consequently, there can be no delegation of the sender’s right regarding the use of the application associated with the consignment and the information related to it.  Any access or use by anyone unauthorized to do so is strictly prohibited.

For certain more special electronic applications of the Website (including but not limited to the applications «ACS Connect», «my ACS», «ACS Web Services», «Login area», «registered users area») user registration is required as well as the acquisition of an access code or codes through which the applications can be used.

The icon showing a padlock is indicated next to the title of these applications, which means that these specific applications are locked for ordinary users and that their use requires user registration according to the applicable procedures governed by ACS.

In any case, user registration requires the prior explicit and unreserved acceptance of the terms of use, including those contained in the Statement of Privacy Protection – Security and Confidentiality Policy, and this acceptance is always requested by ACS and is essential for completion of the user registration procedure.  Upon acceptance of the terms of use and upon completion of the registration, the user is deemed to have unconditionally accepted the following:

To use/operate and/or install the applications in his/her IT infrastructure according to the instructions and terms which are included in the distribution & operation instructions (“user manual” or “Terms of Use”) and are available on the Website, and which the user will have previously carefully studied and fully comprehended.

To use the upgraded version of the applications as updated and made available each time by ACS S.M.S.A.

To accept the validity of the shipments and the relative charges invoiced by the ACS according to its current official price list or in accordance with any specific existing written agreements, when using the applications of ACS and wherever he/she carries out the shipment preparation and ordering.

That ACS S.M.S.A has only granted to him/her the right to use the electronic applications, not their copyright which belongs fully, exclusively and undisputedly to ACS and therefore he/she has no right to sell or generally to concede to others the right of use.

That the electronic applications and the “User Manual” are provided by ACS S.M.S.A to the user “as is”, and that ACS S.M.S.A does not guarantee their functionality and is in no case liable for any kind of loss or damages (including without limitation any positive or consequential damages, lost profits) which the user may incur from their use, and that the user unconditionally waives any such claim against ACS S.M.S.A for any damages that he/she may incur for any reason from the use of the applications.

That the user is solely responsible for the safekeeping and confidentiality of the access codes to ACS’s Electronic Applications («username & password»), which are assigned to him/her by ACS for personal use only, and that the user solely and exclusively assumes the risk of any own damages or damages to ACS from third party access – in any way. Even if a registered user wishes to allow access to his/her account to third parties – other users – he/she can declare them to ACS, on his own responsibility, through the electronic application “access management” without communicating to them the personal access data. In any case, the responsibility for allowing access to third party users lies with the issuer of that access and ACS assumes no responsibility. That the user’s account and registration has been completed with a valid and permanent personal e-mail address, to which the user has exclusive regular access, and it may be cancelled unilaterally by the Company in case the contrary is determined.

That the user must immediately notify accordingly ACS, at the e-mail address [email protected], in case any third party has been informed of the access code or if there is unauthorized use of the user’s e-mail address or if the user has become aware of any security breach.

That if the user is requested at any point in time to electronically accept any terms and conditions of the applications, and if he/she accepts electronically (via the corresponding electronic acceptance – click or enter via a relative key on the screen – in an area where access is provided only through the user’s unique codes), then the user accepts that he/she has become fully aware and explicitly, fully and unconditionally accepts them as if he/she had accepted them in writing.

That the user accepts and guarantees the accuracy of his own electronic entries and selections and that he/she is solely responsible in case of incorrect or inaccurate entry.

Through a special service «My Financial Account» which is available on the Website, the registered user is able to retrieve the company’s invoices for services pertaining to him/her, in digital format (PDF) as well, with the use of secure personal access codes (username & password).  Also, the user, if he/she wishes, can choose not to receive a hard copy of the invoices by selecting the exclusive receipt of invoices on the ACS Website, by submitting an Application for electronic invoicing (download in PDF/text format, Client invoice versions A&B) at the Website area «User Information» or by sending an e-mail to the Company.  The e-mail for deactivation of the electronic transmission of invoices is located at the electronic communications of ACS with the client, respecting the user’s electronic invoices.  If the electronic transmission of ACS’s invoices is selected, then it is deemed that the user explicitly agrees and accepts this method for sending to him/her and receiving invoices, and that he/she agrees as well with the cancelling of sending to him/her hard copies of the invoices, and that he/she agrees with receiving automatic updates of invoices by e-mail, for which there will be an appropriate link (hyperlink) to the Website in order to access the special security area «login» or «my ACS» with his/her unique security access codes. From this area the user can download invoices and can check as well his/her card and user data.

Downloading the Client invoice versions A&B in PDF/text format will be automatically considered as electronic receipt of the invoice by the user, with simultaneous recording, at the time of downloading, of the date/time and electronic address (IP) of the user.  The user accepts explicitly and unreservedly that the e-mail address to which he/she will ask to receive the updates is under his/her full, exclusive and undisputed control, and hence ACS is not responsible for any damages that the user may incur from possible access to his/her electronic mail by third parties, by any means.

At any time the user can request that hard copies of the invoices be sent to him/her by selecting such request from «User Information».  For more information regarding e-invoicing of ACS’s Clients, refer to page «ACS e-Invoicing».

Communication

For any information, clarifications, submission of any request: to change the data or to stop/limit the access to/use of ACS’s Electronic applications mentioned herein, the user can visit the Company’s website (www.acscourier.gr) and login into his/her account (if he/she holds one or is registered) by selecting the appropriate options, or can contact customer service at  +30 210 8190000, or can send an electronic communication to the e-mail address: «[email protected]»

For any communication, especially with the Website administrator, the user can send a letter electronically to the e-mail address «[email protected]»

Especially for any questions regarding the reproduction rights pertaining to any part of the Website contents as well as for applications for approval of reproducing any contents, the user may contact the e-mail address «[email protected]» in order for his/her request to be referred to the appropriate company department.

Clarification regarding the GTC

The products and services of ACS are governed by the General Terms of Carriage (GTC) which are available on this Website as well as at all ACS stores, from where any interested individual can obtain a copy.

The terms of use of the Website should not be confused with ACS’s terms of carriage, whereby the latter govern in all cases the provision by ACS of courier services and are accepted by the user with the assignment to ACS, in any way or by any means, of such services.

The online (electronic) creation of a delivery – order by a registered user of the Website automatically means acceptance of the currently in force edition of the GTC, that the sender has completed all the necessary supporting documentation (e.g., Billing of the Recipient or Billing in Cash – for parcels – or Proforma Invoice for shipments abroad).

Membership termination by a member – Termination of cooperation with a client with dispute of legal nature

Termination of membership is possible at any time for cases involving e-mail change and user e-mail deletion or unilaterally by ACS in case of unauthorized use of the Site or termination of cooperation with a contract – credit client.  Any claims by the Company following the termination of cooperation with the client, in case of legal claims, will not appear on the client’s card.