The “Terms and Conditions of Purchase”, “Terms of Use” and “Transaction Security” apply to any sale of products (hereinafter “Products”) by our company through our online store.
- CONDITIONS GOVERNING THE SALE AND PURCHASE
Α. The buyer purchases and receives the catering equipment product and in general the products offered by the company (hereinafter “the Product”) in new condition, in which it was presented at the time of receiving the order. Orders can be placed by phone, fax, e–mail.
Β. The buyer has examined the ordered product in detail in all respects and found it to be in conformity and suitable for its intended use. No other agreements were made regarding product properties other than those stated in the order confirmation and/or invoice.
Γ. The terms of payment of the products will be indicated either on the invoice, the pre-invoice or the order confirmation. In case the payment term is not mentioned, the agreed payment term is agreed to be the advance payment of the value of the products before their delivery. In the case of special orders regarding the method of manufacture or any optional equipment of the product, the cost of these shall be paid in advance together with the above minimum advance on the agreed value. In case of withdrawal of the buyer after the signed submission of the order, the seller is entitled to withhold any advance payment as compensation and a penalty clause in his favour. Amounts received for special orders are not refundable under any circumstances.
Δ. With the signed submission of the order, the seller undertakes to deliver and transfer to the buyer the ordered product.
Ε. The costs of transporting the product from the seller’s premises to the buyer shall be borne exclusively by the latter, unless otherwise specified in writing on the order form/product invoice. In particular and unless otherwise specifically agreed in writing, all deliveries of products on behalf of the seller will be made at the seller’s headquarters (ex works) and the transport of the products will be at the responsibility, control and expense of the buyer.
F. The Buyer is obliged to receive the ordered product within 15 calendar days, starting from the date on which it is ready for delivery, which will be indicated in the relevant written notice addressed to the Buyer by the Seller or the one indicated in the preferential order list/order form. In the event of non-receipt within the above period, the seller is entitled to withdraw from the contract by written notice to the buyer. In the event that the seller withdraws from the contract due to the buyer’s default in taking delivery of the product, the seller is entitled to withhold or charge the buyer 30% of the order value as compensation and a penalty, which is agreed to be fair and reasonable. The seller is entitled to claim higher compensation if he can prove that his loss is higher than 30% of the order value. The seller is not responsible for any delay in the delivery of the product, if it is not due to his fault (indicatively, when the delay is due to work or supply of parts from third parties). In case the recipient of the order is a third party at the Buyer’s instruction, if the latter either does not receive the product from the Seller’s premises or in case he refuses to receive it, if another mode of delivery has been agreed upon under which the transport and delivery of the product is carried out by the Seller, the Buyer will be liable for the entire transport costs and the Seller will be entitled to claim against the Buyer any other amount of his loss. The seller’s right to claim or retain the 30% of the order value remains intact and is not offset against any other claims of the seller.
Ζ. In the event of even partial crediting of the price to the buyer, following a specific agreement to this effect, the product remains the property of the seller until all his claims from the sale of the product have been satisfied. The seller is obliged to release the retention of title if the buyer has fulfilled all his obligations from the sale of the product.
- GUARANTEE
Α. The seller guarantees to the buyer, as the final recipient of the product, that it will not have a defect due to the materials that make up the product or the work of assembly. During the warranty period, i.e. two (2) years from the date of delivery of the product to the buyer, during which the seller is solely responsible for actual defects and lack of agreed properties, the seller or a technical support centre authorised by him will repair the defective product on their premises, without any charge for labour or spare parts, so that the product can be returned to good working conditions (claim for rectification). If the product cannot be repaired, then the seller will deliver another product with the same functional properties to the buyer (replacement claim). Claims for withdrawal or compensation are excluded, unless for any reason it is not possible to correct or replace the product in accordance with the above. Any other claim of the buyer, in particular regarding defects of the product that do not relate to the quality of the materials or the workmanship of its assembly (such as malfunction of the product due to misuse), is excluded.
Β. The seller determines at its discretion and according to its capabilities the manner, time and place of repair of the product. The transport and any insurance of the product to be repaired from the buyer’s premises to the seller’s premises or the seller’s authorized technical support center is at the buyer’s responsibility and expense. The buyer must show the seller the relevant purchase document whenever requested.
Γ. A prerequisite for the validity of the above warranty is the use of the product in accordance with the user manual included in the packaging and in a manner that is reasonably expected for products of this type. Any deviation from the instructions contained therein shall release the seller from the above obligations arising from the provision of the guarantee. Indicatively and not restrictively, any damage to the product is not covered by the warranty if it is due to the following causes:
– Misuse, overuse or excessive use, improper maintenance or failure to comply with product instructions.
– Poor connection / wiring, connection without grounding, without the use of a voltage stabilizer.
– Accidental damage, negligent or unknowing use of the product, dropping, exposure to extremes of temperature or humidity, use of water of very high salinity, vibration, dropping of liquids, corrosion or damage in transit.
– Damage caused by changes in the power supply network.
– In case of installation by an unauthorized technician or workshop.
– In case of modification or repair by an unauthorized technician or workshop.
– If the construction number (serial number) or the distinguishing marks of the product have been altered, modified or removed.
– Glass or rubber parts, bulbs, lamps, tubes, filters, resistors are not covered.
– The electronic parts of the product are not covered if the damage is due to fluctuations in mains voltage, lack of phase, for the avoidance of which the buyer should take care.
Γ. It should be noted that the seller makes its manufacturing products available for sale only to businesses for professional use (B2B), and not to consumers for personal use. Therefore, where reference is made to “buyer” in these General Terms and Conditions, this is always understood as a business and not as a consumer. If for any reason the product becomes the property of the consumer (e.g. following its resale by the business-buyer), it is expressly stated that this cannot be understood as a commercial guarantee to the former, against whom (the consumer) the seller assumes no liability whatsoever for the operation of the product, to the maximum extent permitted by consumer protection legislation.
Δ. Other comments:
– This warranty is valid from the day of delivery of the new product, and only for the buyer-operator as the final recipient. Subsequent buyers to whom the product was resold are not covered by the warranty. Used products are not covered by any warranty and the seller is not liable for any actual defects or lack of agreed properties, but are sold in the condition in which they were at the time and place of purchase (“as is, where is“).
– The repair, modification or replacement of parts or spare parts during the warranty period extends the warranty period for an equal period of time, but only for the specific part or spare part.
– if the buyer finds the existence of a real defect or lack of agreed quality, he is obliged to send the seller in writing a detailed technical description of the problem. Before sending this description to the seller, the buyer is not entitled to claim
– Unreasonable technician time is charged, even when the product is covered by the warranty.
– Installation, connection to the power supply, replacement of consumables (e.g. filters, lamps) and regular maintenance are not considered services under warranty.
– In case of occurrence of the risk covered by the warranty, the seller, in addition to the responsibility of restoring the good functioning of the product according to art. 2.Α. herein, shall not be liable for any further damages, positive or consequential loss or loss of profit of the buyer.
– If after the completion of the inspection of the product the buyer does not come to collect the product within a reasonable period of one (1) month from the written or oral notice, then the seller a) bears no responsibility for accidental, total or partial destruction of the product, b) issues an invoice for storage costs, which shall be calculated at the rate of ten (10) euros per day per product, and c) the seller shall consider the product unclaimed after six (6) months from the completion of the repair, in which case the ownership of the product shall be deemed to revert to him without any right of compensation for the buyer, and the seller shall be entitled to dispose of the product in any way he wishes.
– The seller is not liable if the product is used in a manner not specified in the manufacturing specifications and instructions, in an inappropriate environment and conditions according to the user manual, and in a manner that exceeds the reasonable limits of the expected operation of the product.
– The Buyer shall provide all reasonable facilities, information, cooperation, facilities and access to the Seller to enable the Seller to perform its duties and, in the event of failure to do so, the Seller shall be relieved from providing any service or support under the warranty.
– In case of damage within the warranty period, the seller must be informed immediately, and always within the warranty period.
- APPLICABLE LAW – JURISDICTION
This agreement is governed by Greek law, excluding the rules of conflict of laws, as well as the UN Convention on the International Sale of Securities of 4.4.1980. The courts of the seller’s domicile shall have exclusive jurisdiction for any dispute arising from the application or interpretation of this agreement.