Terms & Conditions

TERMS OF USE


kapountalis.com is the online store for the display and sale of products via the Internet of the Sole Proprietorship "ELEFTHERIOS KAPOUNTALIS & CO. OE" based in Athens (Petras 6A, PO Box 10444, tel. +30 210 5130003, email: kapountalis. com with VAT number 999178607, D.O.Y A' of Athens & Registration Number (GEMI): 006102101000) which from now on for brevity will be called "Company" or "We".

Our company trades in the following categories of products: Lifting Machinery, Tools and Machinery Consumables, Product Handling and Storage Transport Equipment and People Lifting Machinery.

Before entering the online store and browsing our website, please consult the following terms and conditions that apply to the use of this online store.

Also please make sure you agree with them because any transaction with us through the above Kapountalis.com website will imply your acceptance of these terms.
1. GENERAL ABOUT THE SITE

We welcome you to our Website (hereinafter referred to as the "Website" or "Eshop" (especially when referring to the supply of products and related procedures). This Website includes our online store "Eshop" through which customers (individuals, consumers, businesses and hereinafter referred to as "customers" or "users" or "you") may purchase the products displayed online and available for sale (hereinafter "Products"). Our Company is purely commercial and its products are supplied ready-made by reputable manufacturers - suppliers in Greece or abroad.
1.1. Terms and conditions

The Company reserves the right as, at any time, without justification and without prior notification to the visitor to:

a) Changes, unilaterally modifies or renews the present terms and conditions of the transactions made through its online store.

b) Updates or upgrades part or all of the content of the Website

c) Renew or upgrade part or all of the external appearance (interface), structure or composition (configuration) of the Website as well as its technical specifications

d) Limits access to the entire Website or part of it.

e) Cancels, permanently or temporarily suspends or terminates its operation.

f) Amends the presentations of Products provided for sale, permanently or temporarily removes presentations of Products for sale (some or all) of specific or all suppliers (see also par. 2.2).

These changes will be made by posting or changes to our Website without further notification to you.

Especially for the terms and conditions we recommend that you visit them often and definitely before completing each of your purchases. It is clarified that changing terms and conditions does not affect orders you have already placed.

Both the present terms and conditions, as well as their eventual modifications, constitute the contractual framework that governs the relationship between us at all times. In case of disagreement or reservation for part or all of these terms, you must refrain from accessing or navigating or any other action on the Website as well as from making a purchase through it, in other words, by using the Website and purchasing products, your acceptance of all the terms and conditions set forth herein is unconditional.
1.2. Options for selecting and modifying Product-Price presentations

The Company reserves the right to select at its absolute discretion the Products available for sale in its Eshop and to modify, renew and/or withdraw them at any time, free of charge and without prior notification to the website users.

The same applies to the prices of the products, any offers and discounts which it may set at its absolute discretion and which may change without prior notification to the user of the Website (obeyed before the conclusion of the purchase contract with the customer ).

It is pointed out that the description of the properties, characteristics and purpose of the products on the Website is a rendering or a summary of the description provided by their manufacturers or their authorized representatives.

The Company does not have to and is not in a position to check nor is it responsible for the truth, correctness or accuracy of the descriptions of the products made by third parties nor for the suitability of the Products for the purpose mentioned by third parties.

Therefore, the Company is not obliged to compensate the customer for any positive or collateral damage caused to him due to the use of the product in accordance with the supplier's statements.

The Company makes every effort for the accuracy and correctness of the content of the Website, however, human error cannot be avoided. For this reason, the Company does not assume any responsibility for any damage that may occur to a customer or user of the Website or to any third party due to or on the occasion of taking into account the aforementioned information on the Website regarding the products and their prices.

The Company reserves the right to refuse the completion/execution of any order (i.e. the conclusion of the sale) to any user/customer at its discretion and for any reason, especially in the event that the user/customer commits any illegal act, violation of the terms of use of the Website or violation of the terms of the concluded purchase and sale.
1.3. Hyperlinks

This Website may be linked via hyperlinks to other Websites, which are not related to the Company and whose content is not controlled by the latter (the "Linked Websites").

Therefore, the Company does not guarantee the correctness, legality, completeness, updating, truth, accuracy or quality of their content and is not responsible for them or for any loss or damage that may be caused due to or in connection with their use.

Similarly, the Company cannot control the processing of your personal data by the Linked pages and for this reason bears no responsibility in relation to it.

When you use the Linked Websites, the Terms and Conditions of each specific website apply accordingly. For any issue that may arise, indicatively in relation to content or the use of a Linked Website, you are invited to contact the owner or administrator of the respective website directly.

The Company in no way endorses or accepts or approves the content or services of the Linked Websites, to which the user is referred through hyperlinks.
1.4. Social Networks – Websites

Also, the Website provides you with the ability to connect and interact with social networks or websites upon your own initiative and request.

In this case, the Company is not responsible for the processing of personal data carried out by these networks through the possibility of connecting to the Website.

In order to exercise the rights provided by law related to the processing of his personal data by social networks, the user should contact these networks themselves.
1.5. Presentation of Products

Product Information Features

The Website includes subsections of information, namely Category page (product categories) and Product page (product presentation). The information included in these sections is of general content and is provided solely for the information of the customer/user. For this information as well as for the selected images, any specific needs of each user have not been taken into account.

You are given the possibility to use Search Filters by choosing the number of results per page. On the category page there is a quick view feature of a product displaying basic information of a product for quick purchase, while the Detailed Information of each product is presented on its corresponding page.
1.6. Member Account/Guest Account

Member

You can become a Member by filling out the corresponding registration form in which you provide your necessary information. With your registration, your individual eshop account is created through which you will be able to manage your details and see the history of your choices and orders.

Also in your account as a member you can create lists of desired products (Wishlist) and manage them at the times you wish or transfer them to the cart.

It is expressly clarified that the addition of a product to the Wishlist does not bind this product in any way and does not create any obligation of the company to sell it to the customer. It is possible that you will receive an email from us, which will contain a discount code unique to the user for a product or products contained in his "Wishlist" at that particular time.

The connection to the website regarding the members is done by the member entering the Username and the Password he has created for his login.

Visitor

As a simple guest you can proceed with a purchase by filling in only the necessary fields to complete the order (Guest Checkout).
2. DESCRIPTION OF TRANSACTIONS – HOW WEBSITE WORKS

Our Eshop is aimed at consumers (B2C) as well as customers (B2B).

It is clarified that for contracts via Eshop (remotely) as

a) Consumer (B2C) means any natural person who acts for reasons that do not fall within his commercial, business, craft or independent professional activity.

b) Customer (B2B) any natural person or any legal entity, regardless of whether it is governed by private or public law, which acts, even through any other person acting in its name or on its behalf, for purposes which are related with his commercial, business, craft or professional activities.

 
3. TERMS AND STAGES OF COMPLETION OF THE SALE

3.1. By placing an order through our Eshop or by telephone, you agree to the application of these Terms and Conditions as well as to the processing of your personal data in the context of your pre-contractual and contractual relationship with the Company and in accordance with its Privacy Policy. The user bears full and exclusive responsibility for submitting the order through the Company's Eshop.

It is emphasized that this Website is not a proposal to conclude a contract for the customer but an invitation to submit a proposal from the latter.

The stages of the process from the submission of the order by the customer to the conclusion of the purchase contract between the customer and the Company are as follows:

A. Entering our Eshop for the first time, you are given the possibility to register on our website. Then, you can choose the Product you are interested in either from the column for each corresponding "Item Category", or from the "Representations" column (Brands), or from the "Stockhouse" column (Offers).

If you wish to purchase the product, you must, to complete the submission of your order, add it to the Shopping Cart either by pressing directly on the button marked the cart, or by entering the product tab and pressing the "cart" button. By entering the product tab you can see if it is immediately available or out of stock. Also for each product there is a selection of the "Compare" icon, with which you can compare from two to six products. You are then redirected to the shopping cart, where you can also specify the purchase quantity.

Before completing the purchase, you are invited to fill in the delivery address and billing information and (if desired) create an account in our Eshop.

Next, you are invited to choose the Method of Receiving the Product and you will be informed of the cost of transport (which depends on the method of receipt and the declared delivery area of the Product). During the process of submitting the order, you will be informed about the Cost of Transport through the calculation tool used by our Website exclusively for the information of the user. Also, if it is available in our store, you will be informed of the relevant charge (i.e. payment in cash in the hands of the courier company), if you choose to pay with this procedure.

Finally, you are given the opportunity to submit if you wish Comments regarding the submission of your order. You are then invited to press the button to complete the order, after first choosing to accept the terms of use at the relevant point.

The shipment of the order is completed only by pressing the "Buy" button.

In this way, you submit a proposal to the Company for the conclusion of a purchase contract for the Products you have chosen.

B. As soon as the purchase process is completed, you will receive an automated order confirmation message, sent to the email address (e-mail) you have provided us, containing, among other things, the details of your order and the corresponding code order. The sending of the above-mentioned e-mail constitutes the acceptance by the Company of the proposal submitted by you to enter into a contract and therefore the contract between the customer and the Company is concluded only once the Company sends the message accepting the customer's offer.

In any case, it is agreed that the deadlines referred to in these terms start from the sending of the above confirmation e-mail, regardless of when the buyer will read the specific e-mail.

C. The delivery of the Products to you is carried out via courier service and transport companies mentioned in the shipping methods. The receipt will be made either at the shipping address (home/work) or at the offices of the transport and courier partners or at the Company's store. We inform you that the delivery date of the Products may be changed without the Company's responsibility. In this case we will contact you in order to inform you about it.

D. As long as no problem is found with the availability of the Product, you will receive an email informing you that the Product has been given to the carrier for delivery and the products will be delivered to you within the deadlines mentioned in article 5. As long as you have indicated that you want delivery at a specific time (beyond the standard delivery period of articles 5.1 to 5.3.) then the product will be delivered to you at the agreed time but subject to the conditions of article 5.5.. In case there is any problem with your order or with the delivery times according to the above, we will inform you about sending an email or by phone.

 

E. Telephone Orders placed by you following notification from our E-Shop are also governed by these terms and conditions. When placing your phone order you will provide us with a valid email address and mobile phone number and other billing and shipping information.

You will be sent a receipt for your order, which you must accept with a reply e-mail, also accepting the present conditions and the conditions related to the processing of your personal data.

 

After receiving your response, you will be sent confirmation of your order, and any further updates on its progress (as analyzed in the previous paragraphs). Your delivery of products is governed by the Terms of Article 5 below.

G. The completion of the order is provided only with the acceptance of these terms and your consent to the processing of your personal data in the context of the pre-contractual and contractual sales relationship. We then confirm your order and inform you of its progress (as mentioned in the previous paragraphs). The delivery of your products is governed by the terms of Article 5 below.

 

3.2. To make a transaction on the website you must be over 18 years old. Visitors under the age of 18 must refrain from any action on our Website. When you place an order, you undertake that all information you provide to us is true and accurate, that you are an authorized user of the credit or debit card you used to place your order and that there is generally sufficient balance to cover the purchase price of the Products and transportation costs.

 

3.3. The Company is not responsible in the event that the Product is not received by the customer on the agreed delivery day due to its own fault or in cases of untimely delivery due to force majeure. Also, our Company is not responsible in the event that your update on the progress of your order is incomplete due to an error in the contact information you have provided us.

 

3.4. In the event that any issue arises during the processing of your order, then an employee of our Company will contact you (either by e-mail or by telephone).

 
4. PRICES

4.1. The prices of the products listed in the Eshop are in euros and do not include VAT. The listed prices do not include the additional required charges (indicative shipping, cash on delivery costs) which are calculated depending on the method and place of delivery and the choice of payment method, and are indicated and notified to the customer during the process of submitting the order as detailed in the article 3 above.

5. DELIVERY ARRANGEMENTS

The times listed below apply to the products that are available and not to those that are special orders after a more specific consultation between the customer and the Company, while if the product is not in the warehouse there will be an indication of unavailability. For the delivery time in this case you can be informed by email or by phone.

In particular, the following apply:

5.1. For orders within Attica by courier, the delivery time is 1-3 working days. Under certain conditions, delivery can even be made on the same day.

 

5.2. For orders within Attica via other transport companies, the delivery time is 2-3 working days.

 

5.3. For orders outside Attica by courier, the delivery time is 2-6 working days.

 

5.4. For orders outside Attica with other transport companies, the delivery time is 2-7 working days.

 

5.5. The above also applies in cases of receipt from the offices of the carriers, in which case the products will be ready for receipt within the above deadlines.

 

5.6. If the carrier arrives during the above deadlines and it is not possible to find you to deliver the products to you, or if you have declared receipt from the carrier's offices, the receipt is then made by you no later than 5 days after the end of the above deadlines (depending on your region) from the carrier's office.

After the aforementioned period of 5 days has passed, the products will be released by the Company and will be available for sale again, as the order will be cancelled, while the payment amount will be returned to you within a few days reduced by the transportation costs incurred. For the return it is necessary to indicate to us a bank account where you wish to make the deposit.

 

5.7. Release of Company's liability in relation to delivery arrangements

The Company cannot guarantee the proper and timely delivery of the Products to the buyer, when the delivery is made by Courier or Carrier. The Company does not bear any responsibility in case of late delivery of the Product by the Courier or Carrier, indicatively in cases of remote delivery addresses (therefore there may be a difference in the delivery time), unpredictable weather conditions, cases of strikes, etc. We point out that if you wish delivery with a transport company (not a courier) in an area that is outside the city limit there may be additional transport costs which you will be required to pay separately to the transporter. The Company bears no responsibility for any such additional charges or storage costs in the event of non-timely receipt of the product by you.

 

5.8. In the event that delivery is required on or by or after a certain deadline (after 5 days and up to 30 days), the Company emphasizes to its customers that they must contact it (either as a comment on the checkout page, or to the e-mail address info@kapountalis.com or by phone at +30 210 5130003 in order to inform her about this date in order to avoid any problems in relation to their timely delivery.For the rest, the above par. 5.6 applies.

 

5.9. The Company reserves the right to change the transport company it cooperates with without informing the user, respecting the rest of the terms of the order.

6. PAYMENT ARRANGEMENTS

6.1. In order to serve you better and better, you can choose between the following payment methods for the products you are interested in buying:

a) Via credit or debit card

In the event that you choose to use a credit or debit card as a method of payment, we inform you that any price that may have been pledged prior to the conclusion of the contract constitutes a financial guarantee and not payment of the consideration, which will only be paid once the sales contract is concluded under terms of the third-party payment service provider, otherwise it will be refunded to your account through the third-party payment service provider (and at times determined by the third-party payment service provider).

Our company, setting as its highest goal the maximum possible security of transactions, may (but is not obliged to) conduct a check through the payment service providers cooperating with it as to the correctness of the payment details you send us (when it comes to payment by credit card). .

Thus, during the stage of completing your order and connecting with the third party payment service provider, it may reject your order if it is established or there is the possibility that there is any problem in relation to these details. However, our company does not process, collect or store credit card information!

b) Via bank deposit

You can pay the price by bank deposit to the following bank accounts within 2 working days of sending the order confirmation message:

 

 

ALPHA BANK

IVAN: GR9 8014 0183 0183 0023 2000 1905

LOG/MO: 1830 0232 0001 905

 

PIRAEUS BANK

IVAN: GR1 5017 2069 0005 0690 3351 7830

LOG/MO: 5069 033 517 830

 

National Bank

IVAN: GR71 0110 1350 0000 1354 4047 502

LOG/MO: 135/440 475-02

 

EUROBANK

IVAN: GR8 0026 0193 0000 1902 0054 4305

LOG/MO: 0026.0193.19.0200544305

 

Beneficiary: El. Kapundalis & Co. O.E

We point out to you that it is necessary to write in the depository both your name and your order number which is written in the e-mail message which confirms the receipt of the order by our Company. The Company bears no responsibility in the event that it cannot identify the order submitted by you with a paid payment, as long as the name and the order number are not written in the deposit as above.

In any case, please note that the order is processed after the full amount has been deposited into the Company's account. In the event that the deposit is not made within 2 working days from the sending of your order confirmation email, the product will be released and made available for sale again.

c) Upon receipt and payment of your order at the Company's store.

d) The buyer bears any expense or cost imposed by law or by commercial ethics on the payer from the use of a specific means of payment.

 

6.2. As long as you have chosen the credit card as a payment method, the process will be carried out and completed through the third partner, banking institution or electronic payment provider who, according to his statement, provides all the security guarantees of electronic transactions. The collection and processing of payment details is done only by the cooperating financial institutions who are solely responsible for their processing for the completion of the payment.

 

6.3. In the event that you choose to pay by credit card, the credit card holder must be present when receiving the order with the credit card and identification.

In the case of receipt by a third party, you are required to notify by sending an e-mail to the email address info@kapountalis.com the fact that you authorize a third party to receive the order in your name and on your behalf by informing the Company of his full details, as proof of the of which he is obliged to bring his police ID with him upon receipt.

If, however, a person appears before the distributor at the delivery address you have declared, who declares that he is acting in your name and on your behalf following your relevant verbal authorization, then it is reasonably assumed by the distributor that he is acting in that capacity. It is pointed out that for security reasons the Company may refuse to deliver the product to an area outside a specific building - apartment (e.g. at the entrance of an apartment building, garage entrance, sidewalk).

7. RIGHT OF WITHDRAWAL WITHOUT REASON

Exclusively for natural persons with consumer status

In case of purchases from our e-shop, you can return, without special justification, a product and we will refund you the price if within 15 days of receiving the product from you or from a third party you indicated:

a) notify us of your wish to withdraw from the contract in writing, by email (see article 8a regarding returns policy) or by email to info@kapountalis.com

b) return the product to us intact, new and unused, as delivered to you, without its original packaging having been opened or which must be intact, without damage or tears, by sending us within the above deadline proof of shipment to our facilities.

Of course, you can also withdraw before receiving the product, that is, before the start of the above period, but respecting the above conditions for declaration of withdrawal and return of the product as soon as you receive it (if at the time of withdrawal it is already on its way).

In case of periodic supplies, or receipt of a batch of products, the deadline starts from the receipt of the last supply or the last product of the batch.

In case you have opened the package, the product is not returned with unjustified withdrawal unless, at the absolute discretion of the Company, no damage has been caused to the product due to the fault of the customer or if its use has not exceeded what is necessary to establish the nature, of the product features and function. Please note that in order to determine the nature, characteristics and function of the Products you have purchased, you must handle and examine them in the same manner as you would be permitted to do in a store and no more.

It is understood that the unjustified withdrawal for consumables is excluded in case of any use of part or all of the sold consumables.

The right of unjustified withdrawal does not apply in the case of the supply of goods following a special order of products in which the customer on his own initiative requests special specifications for a product other than those offered in the e-shop of the supplier of standard models.

 
8. PRODUCTS WITH ACTUAL DEFECTS OR THE LACK OF AGREED PROPERTIES

8.1. We make every reasonable effort to deliver the Product you ordered which will have the agreed properties and will be free of actual defects in accordance with Article 534 of the Civil Code. However, in the rare event that you receive a defective or non-compliant product, please contact us immediately on +30 210 5130003 or send an email to info@kapountalis.com to discuss the matter.

 

8.2. In any case of our liability for an actual defect or lack of contracted quality, you will be entitled at your option 1) to request without charge the correction or replacement of the thing with another, unless such an action is impossible or requires disproportionate costs 2) to ask for a price reduction or 3) withdraw from the contract unless it is an immaterial factual defect.

 

8.3. Also, if at the time when the risk passes to you, the contracted property of the thing is missing, you are entitled, and without prejudice to the contrary defined in the present conditions (article 10, 14 etc.) instead of the rights mentioned above, to demand compensation for non-performance of the contract or, cumulatively with these rights, to demand compensation for the damage not covered by their exercise. The same applies in case of provision of a defective product, which is due to the fault of the Company.

8.4. Your rights due to actual defect or lack of contractual capacity expire two years after delivery of the thing.

 
8a. RETURN PROCEDURE

To activate the return procedure according to articles 7 or 8 you must first send us an email to info@kapountalis.com, choosing "Product Return" as the subject. Fill in all the necessary information such as order number, product to be returned, reason for return (unjustified withdrawal according to article 7 or due to a defect or lack of property according to article 8) as well as your contact information. Upon receipt of your application, one of our associates will contact you by phone or email to provide clarifications.

Upon receipt of the returned product at our store, the evaluation is done by our partners and then we proceed with a replacement, a correction of the product or a credit of all or part of its value depending on the case.

After the positive evaluation, our Company will refund you the total cost of the product or credit your online account for future purchases from our online or physical store. If following your request and a relevant assessment by the company a) a reduction or refund of the price is agreed, our payment to you will concern the amount agreed in this case or b) a correction or replacement of the product is agreed, the relevant procedures will follow this actions to send you the new or corrected product.

Refunds are made by deposit to your bank account, which you should indicate to us. This process will be completed within 15 days from the date of receipt of your products at our facilities.

If there is a request for a replacement and there is no stock available we can agree to send you another product of your choice, if it has a higher price you will have to pay the extra difference in advance and if it is lower we will credit you and pay the corresponding amount within it as over a period of 15 days.

The products you are returning must be accompanied by the documents with which they were originally received (invoice, retail receipt and bill of lading or receipt).

The transport costs of return are covered by the customer in the case of unjustified withdrawal according to article 7, otherwise in the cases of return according to article 8 they are covered by the Company.

Returns without proof of purchase and receipt will not be accepted.

Returns of special orders due to unjustified withdrawal are not accepted (see also article 7)

In order to avoid any inconvenience or misunderstanding, it is advisable to check the condition of the products and their packaging at the time of delivery of your order in order to detect immediately obvious defects or deficiencies.

 
9. WARRANTIES OF MERCHANTABILITY

9.1. The Company provides you with a guarantee of good operation for each product of mechanical equipment that it distributes as it appears on the page of each type. The warranty period and other special conditions are included in the operating manual of each machine.

The General Terms that govern the Company's guarantees and apply in any case where there is no other specific arrangement or agreement for an item or a category of items are as follows:

A. The Warranty is valid as long as the buyer uses the above item in accordance with the supplied use-maintenance instruction manual and the operating specifications defined therein.

B. The Warranty ceases to be valid in the following cases:

     Misuse or use by a person not authorized to use the machine.
     Damage to the machine that requires repair is due to a fortuitous event or force majeure.
     Failure to apply the operating and maintenance rules of the machine as stated in the user and maintenance manual.
     Machine intervention by an unauthorized person or workshop*
     Installing non-genuine parts on the machine*
     If the buyer does not prove the acquisition of the machine within the warranty period. Proof is provided by a copy of the purchase invoice from the Company or by a representative/reseller's certificate stating the date of sale of the machine, new and unused, to the buyer.

C. The Warranty includes: The free replacement or repair of any spare part whose material or construction is defective and covers the cost of labor and spare parts at the company's workshops. If these are non-moving machines, then the customer is responsible for travel costs and the cost of travel hours. In case the machine has to be transported to the authorized workshops of the Supplier, the transport costs are borne by the customer.

D. The Warranty does not include:

     The replacement or repair of fast-wearing spare parts and consumables (wheels, bearings, seals, thermo-resistors, Teflon, tension rollers, welding systems, etc.).
     The replacement or repair of electrical parts whose damage is due to an abnormality of the electrical supply entering the machine - Overvoltage, Undervoltage.
     The cost of transportation by the buyer to the Authorized Workshop and the cost of return, in case the repair of the machine requires it to be transported to the Workshop
     In general, any expense or work is not included in case (C).

 

* Technical Service and Spare Parts for the machines available from the Company are provided by the authorized company EL.KAPOUNDALIS & SIA OE

 

9.2. The Company reserves the right to change the terms of the guarantee in order to adapt them to the corresponding guarantees of the manufacturers, or to extend its duration in case of special offers.

In case of product replacement, the warranty is automatically renewed for its entire duration with respect to the new product or spare part. The guarantee is personal and is not transferable to a third party unless there is a special agreement between the Company and our client on this matter.

 

9.3. The Company ensures, with the applicable charge a) the provision of technical maintenance and repair services for the mechanical equipment it has b) the supply of spare parts and any other products required for their use according to their intended purpose, for a period of time corresponding to the their potential lifespan.

 

9.4. The mechanical equipment provided by the Company is always accompanied by instructions-manuals in the Greek language for its safe use, preservation, maintenance and full utilization, as well as information on the risks from its use or maintenance.

 
10. LIMITATION OF THE COMPANY'S LIABILITY

10.1. The entire content of our Website is provided "as is" without conditions or other guarantees for its accuracy or for the suitability for the use or for the purpose intended for the products to be made available.

 

10.2. Unless stated otherwise in these terms, the Company will not be responsible for any damage related to the use, inability to use, operation or failures of the website.

 

10.3. The Company does not guarantee the accuracy or reliability of any information or content regarding any Products, software or advertisements included on the Website as well as for the content of third party websites to which you are referred through hyperlinks from the Website or to which the Website provides you access.

 

10.4. The Company will not be responsible, in the event that you are entitled to a refund of part or all of the price, for any delay by the cooperating payment service providers in executing the relevant order that the Company has given on time.

 

10.5. The Company and its partners make every effort, in the context of the technological control they carry out at regular intervals, so that the services, content and transactions are carried out seamlessly and without interruption and that the high level of security it has is maintained.

11. LINKING TO THIS SITE

Linking to our Website is permitted only if you act in a fair and legal manner, and refrain from any action that causes damage to the reputation of the Company, or unfair exploitation of it. In addition, any link that implies any kind of relationship with us, or approval or endorsement by us when it does not exist, is prohibited. This Website may not be framed on any other website nor may you create a link to any part of this Website. We reserve the right to remove the login permission without reason, without compensation and without prior notice to the customer.

 
12. INTELLECTUAL PROPERTY, SOFTWARE, CONTENT AND TRADEMARKS

12.1. The Website is the official e-shop of the Company. The intellectual property rights in the software as well as in the content of the Website belong either to the Company or to the legal owners and are protected by the applicable copyright legislation.

 

12.2. The display and display of the content of the Website is not understood as a transfer and/or assignment of a license and/or right to use it. You may save, print and display the available content solely for personal use. It is prohibited to publish, manage, distribute, copy in whole or in part, transfer, process, store, republish, modify or otherwise reproduce, in any form, any part of the content or copies of the content appearing on this Website.

You may also not modify, translate, reconstruct or create derivative works using any software or accompanying documentation offered by the Company or its licensors.

The trademarks appearing on our Website belong either to the Company itself or to third-party legal entities, suppliers, importers, etc. The user/customer does not have any license or consent to use, in any way, the Company's trademarks or the trademarks belong to the producers/suppliers/manufacturers/representatives of the products available for sale by the Company.

 

 

12.3. Photographic representation of the Products

Our Company takes due care so that the photos of the Products reflect the actual condition as far as possible. In any case, however, the user accepts that the photos may differ from the actual condition, shape, size, color and general image of the Products sold. The Company bears no responsibility in case of deviation of the photographic representation of the product from its actual image.

 

 

 

12.4. Permission to access the website

We hereby grant you a non-exclusive license to access and personally use the Website for the purposes specifically detailed in these Terms and Conditions. This license does not imply in any case a license to download or modify the Website or any part of it, which is only permissible with the express written permission of the Company. The access license granted to you does not permit any resale or commercial use of this Website or its content, any collection and use of any product catalogs, descriptions, photographs or prices, any derivative use of this Website or its content, any downloading or copying account information for the benefit of another merchant or any use of data mining tools, robots or similar data collection and extraction tools.

 

 

12.5. You may not reproduce, duplicate, copy, sell, resell, visit or otherwise exploit this Website or any part of it for any commercial purpose without our express written permission. The Company reserves exclusive rights to the domain name info@kapountalis.com. In addition, all trademarks appearing on our website are duly protected by law.

 

12.6. You may not use frames or framing techniques to surround any trademark, logo or other proprietary information (including images, text, page layout or format) of the Company and its affiliates' Website without our written consent. You may not use any "meta tags" or any other "hidden text" based on the Company's or its affiliates' brand names or trademarks without our express written consent. In case of unauthorized use, the license granted by the Company ceases to be valid.

12.7. Disclaimer in relation to the ownership of trademarks, images of individuals and third party copyrights

We emphasize that any trademarks/brand names appearing on this Website are the property of the respective legal owners and licensees of the trademarks. Any reference to a trademark or brand that appears in our online store is used solely to describe or identify the products sold and the intended use of the products. Such a reference in no case can be taken or interpreted as a confirmation that the specific products are supported by or connected to the Company in any way other than those mentioned above. It is emphasized that between the Company and the owners of the trademarks there is no commercial relationship or other financial or other kind of bond beyond the supply of Products of the trademark holders for the purpose of their resale through the Company's Eshop. You may not extract and/or re-use parts of the content of the Website without our written consent. In particular, you may not use any data mining tools, robots or similar data collection and extraction tools to extract any content (whether single or multiple times) or reuse any material parts of this Website, without our express written consent.

 
13. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and its directors, officers, employees, consultants, agents and associates from any and all third party claims, liability, damages and/or costs (including, without limitation, legal fees consultants) arising out of or in connection with your use of the Website or your breach of the Terms and Conditions. In any case, however, and as long as any damage to you is due to proven negligence of the Company, the latter is only responsible for covering any positive damage of the injured party that originates and is directly related to the damaging event and its gross negligence or fraud. Also apply are all the limitations of liability listed in these terms of use, which the user of the website recognizes and accepts in their entirety as valid and in accordance with good faith and business ethics.
14. LIMITATION OF LIABILITY – WAIVER OF RIGHTS TO COMPENSATION

14.1. To the extent permitted, we hereby exclude liability for any claims, losses, demands or damages of any kind relating to the Website or the data appearing on it, including without limitation direct, indirect, incidental or consequential losses or damages; whether these arise from, but are not limited to, loss of profits, loss of income, loss of data, loss of use or otherwise, whether or not the Company has been notified of the possibility of such losses.. Nevertheless, when you use our Services, your legal rights are not affected as described herein. Please keep in mind that our website is provided "as is". Consequently, access to it is solely the responsibility of the visitor.

14.2. The Company is not responsible for defects due to incorrect description by the manufacturers and concerning the products found on our website. We cannot be held responsible for defects beyond our control.

 
15. RESTRICTIONS ON ACCESSING AND USING THE WEBSITE

15.1. It is emphasized that it is forbidden to obstruct the operation of the Website and to replace or modify their content (images, photos, prices, texts and others). It is forbidden to commit or facilitate criminal acts in any way, the transmission of viruses, troy horses, worms, logic bombs, as well as any action in general that may lead to an unacceptable or extensive burden on the infrastructure or the operation of the Website. Users/customers must observe confidentiality obligations and must refrain from any use of the Website in a vulgar, offensive, illegal or obscene manner.

 

15.2. In addition, you must not destroy data, cause displeasure to other users, infringe the proprietary rights of third parties, send unsolicited advertising or promotional material, commonly known as "spam," or attempt to affect the performance or functionality of any features of the Website or features accessed through the Website. Violation of this provision constitutes a criminal offense under Greek law. We inform you that the Company will notify any such violation that may come to its attention to the competent authorities. In addition, it will notify the Authorities of any information that will be requested in accordance with the conditions of the law.

 

15.3. The use of the Website is done by you at your full and sole responsibility. Your connection to our website is made under the terms of articles 4 and 15 by your own means and through companies and providers selected by you.

 
16. APPLICABLE LAW AND DUTIES

These terms are governed by and construed in accordance with the laws of Greece. You agree, as do we, that you are subject to the exclusive jurisdiction of the courts of the city of Athens in Greece.

17. ENTIRE AGREEMENT

17.1. The above Terms and Conditions bind the parties (the Company and the users) as a whole and constitute the entire agreement of the parties and supersede any and all prior and current agreements between you and the Company. The information listed on the Company's website is an integral part of the contract and cannot be changed except by express agreement of the contracting parties (e.g. express agreement through the exchange of e-mail messages between the Company and the customer to change the delivery time of the product).

 

17.2. In the event that any term of the contract is deemed to be abusive or invalidated, this does not affect the other terms of the contract which are still valid and binding on the parties. In any event, where possible, a term/sub-term or part of a term/sub-term can be taken into account separately in order to make the remaining part valid, the term will be interpreted accordingly. Otherwise, you agree that the term must be corrected and will be interpreted to approximate the original meaning of the term/sub-term as closely as possible under the law.

 

17.3. Any delay by the parties in exercising part or all of the rights deriving from these conditions does not entail a weakening or waiver of said right which may be exercised at any time at a later stage and at the reasonable discretion of the beneficiary.

 

 

17.4. In accordance with Directive 2013/11/EC, which was incorporated in Greece with Decree-Law 70330/2015, the possibility of electronic resolution of consumer disputes with the Alternative Dispute Resolution (ADR) process throughout the European Union is now provided for. If the customer has the status of a consumer (i.e. a natural person acting in a non-professional capacity) and has any problem with a purchase made from our Website, he can initiate the ADR procedure through the single EU-wide platform for electronic dispute resolution (platform HED) available at

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

which enables consumers and suppliers to submit any disputes arising from online purchases to an online resolution process.

The Alternative Dispute Resolution Body (ADR) certified for this purpose is: European Consumer Center of Greece (ECC GREECE) –

Consumer Advocate, Alexandras Avenue no. 144, 11 471, Athens,

+30 2106460284 +30 2106460784 info@eccgreece.gr and url http://www.synigoroskatanaloti.gr/.

It is pointed out that a necessary condition for the consumer to apply to the Alternative Dispute Resolution procedure is to have previously communicated his problem to our Website at the email info@kapountalis.com to find a solution. The ADR process is based on the law, non-binding for the parties who can withdraw from it at any time. The consumer can contact the above-mentioned AED body in order to guide him throughout the process of submitting and processing his complaint.

For more information about alternative dispute resolution you can visit the website http://www.efpolis.gr/el/epanorthosi-askisi-dikaiomaton/79-exodikastiki-epilisi.html

Registration Number (GEMI): 006102101000