1. Introduction
www.kazahellas.gr is the website and online store platform of the anonymous company with the name “KAZANAS K. PANAGIOTIS PRODUCTION AND TRADE OF LIGHTING LIGHTS AND GLASS ACCESSORIES ANONIMI ETERIA” and the distinctive title “KAZA HELLAS S.A.” based in Athens (Raftopoulou Street, no. 19 & Machis Analatou, no. 89, box 11745) with VAT number: 998382196 – DOU: FAE ATHENS, no. G.E.M.: 087291202000, e-mail address info@kazahellas.gr, telephone service line of the online store: 210 9319346, and through which the company exhibits and makes available its products online (hereinafter the “Company”).
The use of the online store, the Website (which also includes further sub-pages) and the services provided through it are governed by these terms and conditions, which Users/Customers (hereinafter referred to as “Users” or ” Customers”) are requested to carefully read and comply with them.
The use of the online store, the Website (in the meaning of which further sub-pages are included) and the services provided through it, imply unconditional acceptance of these Terms of Use. A user who does not agree with these Terms of Use or the Company’s Privacy Policy must not use the Website and the services provided through it.
2. Ability to communicate.
The Company provides the possibility for Users to send messages to the Company through the communication platform maintained on the Website. In order to send the message, the User is invited cumulatively (a) to fully agree with these Terms, and (b) to declare that he/she has become aware of the Personal Data Protection Policy. If the User does not agree to points (a) and (b) above, the process of sending the message is not completed and canceled and no personal data is stored (excluding any cookies). If the User agrees to points (a) and (b) above, then the message is sent and his e-mail address, first and last name and the information written in his message are stored, for the purpose of the Company’s response to the content of the message.
3.Possibility of registration.
The Company provides the possibility of registration to Users of the Website. The Company collects two types of information about the Users: (1) data that the User gives to the Company when registering as an individual for the sole purpose of: (a) sending him Company newsletters and (b) commercial communication with him via e-mail and telephone, and (2) information that the User gives to the Company when registering as a business owner or representative of a legal entity and in order to execute his order from the online store. When filling out any form on the Company’s website, the Users’ details that may be required for their registration and which are registered by the Users and stored even temporarily by the Company are the following: (a) name-surname / brand name, (b) A.F.M., (c) address of residence / headquarters, (d) E-mail, (e) landline or mobile phone, (f) the bank in which the User maintains a bank account or maintains a credit card, (g) pretentious status. Following registration of these details by the User, the Company checks the A.F.M. in the VIES system in order to establish the status of the professional or legal person (hereinafter referred to as the “commercial status”). As long as the commercial status is not established, the User is registered as an individual and the data in this case will be kept and used by the Company for the exclusive purpose of: (a) sending him Company newsletters, (b) commercial communication with him via e-mail and telephone, if he chose under (a) and (b) when registering as a User, (c) informing him of the immediate deletion of his personal data that may have been collected and stored if he has not chosen under (a) and (b) and finally, (d) his information that it is not possible to register as a User in a commercial capacity and therefore his possible order will not be skipped and will not be executed in the online store. Once the commercial capacity of the User is established, he is registered on the Website with the commercial capacity. In the latter case, the data will be kept and used by the Company for the exclusive purpose of: (a) providing access to the Company’s price lists, (b) providing access to the Company’s online store platform in order to order, purchase its products of the Company and pays electronically, therefore the Company will make use of these details also for individual transactions that take place in the context of using the online sales platform, (c) commercial communication with him via e-mail and telephone, (d) the confirmation and identification of the customer in every necessary case, and (e) sending him the Company’s newsletters and (f) the direct commercial promotion of similar products or services of the Company if he has chosen under (e) and (f) upon registration.
In the last step of the registration of the data by the User and before the collection and storage of them by the Company, he is invited cumulatively: (a) to fully agree with the present Terms of Use, (b) to declare that he is aware of the Personal Data Protection Policy, (c) to consent to the Company’s newsletters being sent to him and (d) to consent that they may be used for the direct promotion of similar products or services or to inform the customer of new products and services, otherwise, if does not agree with the above under (a) and (b), the process of registering the data is cancelled, the latter are not collected and stored by the Company and the User is not registered on the Website.
4. Information & Products Provided
The Company is committed to the accuracy, truth and completeness of the information listed in the online store, regarding the identity of the Company as well as the transactions provided through the online store. The Company, in the context of good faith, is not responsible and is not bound by electronic data entries made due to error/mistake in common experience and is entitled to correct them whenever it becomes aware of their existence.
5. Intellectual property rights
The content of the online store, including distinctive titles, marks, images, graphics, photos, designs, texts, etc. are the intellectual property of the Company and are protected according to the relevant provisions of Greek law, European law and international conventions or intellectual property of third parties for which the Company has obtained a license to use for its own exclusive needs and for the operation of the online store. Any copying, transfer or creation of a derivative work based on this content or misleading the public about the actual provider of the online store is prohibited. Reproduction, republishing, uploading, communication, dissemination or transmission or any other use of the content in any manner or medium for commercial or other purposes is permitted only with the prior written consent of the Company or any other copyright holder. The names, images, logos and distinctive features listed and describing the online store or the products or services of the Company or third parties are the property of the Company or third parties respectively, protected by the relevant trademark laws. Their use in the online store does not under any circumstances grant a license or right to use them by third parties.
6. Limitation of Liability
The Company in the context of its transactions from the online store is not responsible and has no obligation to compensate for any possible damage or loss resulting from the cancellation of orders, from the non-execution or from the delay of their execution, for any reason. It does not guarantee the availability of the products displayed in the online store, but informs the interested customer based on the data kept about the availability or non-availability and undertakes, in the event of a change in these data, to promptly inform the customers of the non-availability in such a case bears no further responsibility. The online store provides the content (eg information, names, photos, illustrations), products and services available through the website “as is”. In no case is the Company liable civilly or criminally for any damage (positive, special or consequential, which indicatively and not restrictively, disjunctively and/or cumulatively consists of loss of profits, data, lost profits, monetary satisfaction, etc.) that may suffered by a visitor of the online store or a third party from a cause related to the operation or non-operation and/or the use of the website and/or inability to provide services and/or products and/or information available from it and/or from any non permitted third-party interventions in products and/or services and/or information available through it.
7. User responsibility
The user/customer agrees and undertakes to use the services, information and data of the online store as provided by law and based on the rules of good faith and commercial ethics. Obliged not to use the online store to: 1) send, publish, send by e-mail or transmit in other ways any content that is illegal for any reason, causes illegal insult and damage to the Company or any third party or violates confidentiality or the privacy of any person’s information, 2) sending, publishing, sending by e-mail or transmitting in other ways any content that offends users’ morals, social values, minors, etc., 3) sending, publishing, sending by e-mail or otherwise transmitting any content that users do not have a right to transmit under the law or applicable contracts (such as inside information, proprietary and confidential information obtained or disclosed as part of employment relationships or covered in confidentiality agreements), 4) posting, posting, e-mailing or otherwise transmitting any of any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties of any kind, 5) sending, publishing, e-mailing or otherwise transmitting any material that contains software viruses or any other codes, files or programs designed to interrupt, damage, destroy or impair the operation of any computer software or hardware, 6) intentionally or unintentionally violate applicable laws or regulations, 7) harass third parties in any way , and 8) collect or store personal data about other users.
8. Use of the Website
By using this website and/or submitting an order through it, the customer undertakes: a. To use the website only to submit legitimate inquiries or orders. b. Not to make false or fraudulent orders. If the company reasonably believes that such an order has been submitted, it has the right to cancel it and inform the relevant authorities. c. To provide the Company correctly and accurately with his e-mail address, postal address and/or other contact information. He also accepts that the Company may use this information to contact him if this is deemed necessary.
If the customer does not provide the Company with all the information it needs, the Company cannot proceed with its order. By placing an order through the website, the customer warrants that he is at least 18 years old and has legal capacity to enter into binding contracts.
9. Limited license
The Company, subject to the terms and conditions set forth herein and all applicable laws and regulations, grants the User a non-exclusive, non-transferable, personal, limited right to access, use and display this website and its contents. This license does not constitute a transfer of title to the website and its elements and is subject to the following restrictions: 1) the User must retain on all copies of the website and its elements, all notices regarding copyright and other proprietary rights and 2 ) may not modify the website and its content in any way or reproduce or publicly display, or distribute or otherwise use the website and its content for any public or commercial purpose, unless otherwise permitted by present.
10. Links
The links (hyperlinks) that may exist on the Website referring to other websites are provided exclusively for the service of the Users. The Company does not guarantee the operation of the links, nor does it analyze or control the information contained in said links and websites and is not responsible for their content. Consequently, the use and access to the linked websites is the responsibility of the users and in any case the Company bears no responsibility for the information provided and the operation of the links and the corresponding websites. Also, the Company bears no responsibility for the terms of use and the security and personal data protection policy of the above websites or for the way in which they manage their visitors and users. Therefore, Users must comply with the terms of use of the websites in question and contact their administrators for anything arising from the relevant visit or use of them.
11. Drafting of Contracts
The information contained in these Terms of Use does not constitute an offer to sell but an invitation to information. It is not considered that any contract has been drawn up between the Company and the customer/user/visitor regarding any products, except when his order is expressly accepted by the Company. If his order is not accepted by the Company and the money has already been deducted from the user’s account, then it is returned in full. To place an order the customer will be asked to follow the purchase process and press the “Approve Payment” button. He will then receive an e-mail from the company confirming the receipt of his order (“Confirmation of Order Receipt”) by the Company. All orders are subject to acceptance by the Company and said acceptance will be confirmed by sending the customer an e-mail confirming that the product has been shipped (“Shipment Confirmation”). The contract for the purchase of a product between the Company (hereinafter “the Contract”) and the customer is considered concluded only if the Company sends the Shipment Confirmation. The Contract applies only to the products whose shipment has been confirmed in the Shipment Confirmation.
12. Availability of Products
All product orders are subject to availability. In this light, in the event of difficulties in supplying or running out of products in stock, the Company reserves the right to inform the customer about similar products of equal or superior quality and value, which he can order. In the event that the customer does not wish to order such similar products, the Company will refund the amount that may have been paid in full.
13. Rejection of Order
The Company reserves the right to withdraw from this online store any product at any time and/or to remove or edit any material or content on this Website, at no cost to it. Although every effort is made to process all orders placed with the Company, exceptional circumstances may arise where it may be necessary to refuse to process an order after the Order Confirmation has already been sent. The Company reserves the aforementioned right which it may do at any time at its absolute discretion and without compensation for it. The Company bears no responsibility towards the customer or any third party for the withdrawal of any products from the online store, as well as for the removal or processing of any material or contents of the website or for the refusal to process or accept an order after it has been sent the Order Confirmation.
14. Products delivery
Subject to the provisions of the above 12. condition regarding the availability of products and subject to exceptional circumstances, the Company makes every effort to complete the customer’s order for the product(s) indicated on the Dispatch Confirmation by the delivery date specified in the Dispatch Confirmation or, if no delivery date is specified, within the estimated time period displayed after the payment method is selected, and in any event no later than 30 days from the date of the Confirmation Order Receipt. However, delays may occur in cases such as adapting the products to the customer’s requirements, depending on the delivery area or in unforeseen circumstances.
If the Company fails to meet the delivery date due to its own fault and within five (5) days of its lapse, the customer is informed accordingly and given the option to either continue the purchase with a new delivery date set by the Company, or cancel the order with a full refund.
For the purposes of these Terms, delivery is deemed to have taken place or the order is deemed to have been delivered upon delivery of the products to the carrier, otherwise, in the event that delivery is not made by the carrier, upon delivery to the presumed customer in particular if the latter or a third party designated by him, has acquired physical possession or control of the products, which will be evidenced by the signature of the proof of receipt of the order at the agreed delivery address. Shipping dates and times:
The Company ships products throughout Greece using a courier service where shipping costs are borne by the customer, either with the Company’s own truck which is provided free of charge, or by receiving the products from the Company’s store. The Company cooperates with the ACS company for the transport of the products. Products are prepared and delivered for shipment up to five working days from confirmation of the order to the ACS courier company, up to five working days from confirmation of the order on the Company’s truck and finally up to five days from confirmation of the order at the store Company. Deliveries within the Company’s store are made throughout the day from Monday to Friday during the store’s opening hours, i.e. from 08:00 to 16:00. Shipments are delivered by courier or by the Company’s truck throughout the day, Monday to Friday from 09:00 to 15:00.
15. Failure to Deliver
If, after 15 days have passed since the order is available for delivery, the said order has not yet been delivered for reasons not attributable to the Company, the Company will consider that the customer wishes to cancel the Contract and the Contract will be considered expired. As a result of the termination of the Contract and in the event of unexplained non-performance on the part of the customer, the Company will return any payment received from the customer, including delivery costs (except for any transport costs, as well as the cost of first materials and construction and processing in the case of products adapted after special manufacturing or processing, to the customer’s needs) as soon as possible and in any case within 14 days from the date on which the Contract has expired. In case of fault on the part of the customer, then the Company, after canceling the order (and collecting any transport costs as well as the cost of first materials and manufacturing and processing in the case of products adapted after special manufacturing or processing, to the needs of the customer), may either (a) credit any payment made by the customer against a new order, or (b) refund the amount of the payment to the customer, in particular if sixty (60) days have passed since the cancellation of the order and no new order has taken place.
16. Transfer of Risk and Ownership of Products
Responsibility for the products is transferred to the customer from the moment of delivery to the carrier, otherwise, in the event that delivery is not made by the carrier, with delivery to the customer which is presumed in particular if the latter or a third party designated by him, other than carrier, has acquired physical possession or control of the products. Ownership of the products passes into his hands upon delivery of the products.
17. Price and Payment
The price of each product is that set at all times in the Company’s online store, except in cases of obvious error. The Company always takes care to ensure that all prices are accurate, however errors may occur. If an error is found in the price of any product the customer has ordered, he will be informed by the Company as soon as possible and given the opportunity to confirm the order at the corrected correct price or to cancel it. If it is impossible for the Company to contact him, it will be considered that the order has been canceled and any amount already paid will be refunded in full. The Company shall not be obliged to supply any product at the incorrect lower price (even if the Dispatch Confirmation has been sent), in the event that the error in price is obvious and undisputed and can reasonably be recognized by the customer as an incorrect price. The prices in the online store include the VAT of the piece, but not the shipping costs, which are calculated and added to the total price when the order is confirmed. Prices may change at any time, however, except as specifically stated above, any changes will not affect orders for which an Order Confirmation has already been sent.
Once the customer has selected all the products they wish to buy, they are added to their shopping cart and the next step is to proceed with the order and pay. To do this, he must follow the steps of the purchase process, completing or verifying the information requested at each step. Furthermore, during the purchase process, before payment, he can change the details of his order. Additionally, in the case of a registered User, the file with all his orders is available in the “My Account” field. Payment can be made in one of the following ways: a) via credit, debit and prepaid cards of Visa, Mastercard, Maestro, American Express, Diners, Discover, b) using the Masterpass e-wallet or c) by bank deposit/ remittance to partner banks. The moment the customer presses the “Approve Payment” button, he confirms that the debit/credit/prepaid card belongs to him. The aforementioned cards are subject to validity checks and approval by the card issuer. If the card issuer does not approve the payment, the Company is not responsible for any delay or non-delivery and the conclusion of a Contract with the customer becomes impossible.
17.1 Secure Transactions
All payments made using a card are processed through Alpha Bank’s “Alpha e-Commerce” electronic payment platform and TLS 1.2 encryption with 128-bit encryption protocol (Secure Sockets Layer – SSL) is used. Encryption is a way of encoding information until it reaches its intended recipient, who will be able to decode it using the appropriate key.
18. Returns Policy
18.1 Legal Right of Withdrawal
Right of Withdrawal
The customer has the right to withdraw from the Contract within 14 calendar days without reason. The withdrawal period expires after the lapse of 14 calendar days from the day on which he or a third party designated by him, other than the carrier, acquired physical possession or control of the products, or in the case of an order with more products after the lapse of 14 calendar days days from the day the customer or a third party designated by him, other than the carrier, acquired physical possession or control of the last product. To exercise the right of withdrawal, he can either inform the Company by post at the address mentioned in the above condition 1, or by calling 210 9319346, of his decision to withdraw from this Agreement in an explicit manner (e.g. . by mailing a letter). The declaration of withdrawal is made in writing or electronically with a simple letter in which the details of the document (number, date, name), the description of the product(s) for which the withdrawal is being exercised, as well as information communication of the withdrawing party. To withdraw on time, it is enough to send his communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of Withdrawal
In the event that the customer withdraws from this Agreement, the Company shall return without delay and in any event within 14 days of the day on which it was notified of the withdrawal, subject to the additional terms herein, all payments received from it, including the delivery costs (except for any additional delivery costs to the original place of delivery that arise in the event that he has chosen another delivery method that is less expensive than the one offered by the Company). The refund will be made using the same payment method you used for the original transaction. Subject to the above, the Company may however withhold the return either until it receives all the products back or until it receives evidence that the customer has returned the products, whichever occurs first. He can return and deliver the products “hand to hand” to the Company’s store, without culpable delay and in any case no later than 14 days from the day the customer informed the Company of his withdrawal from this Agreement. It is considered that he has done this on time if he has sent the products before the 14-day deadline has passed. He will be charged with the direct costs of returning the products, except only in the case that he delivers them “hand to hand” to the Company’s store or delivers them to the courier company (Courier) designated by the Company. The customer is responsible for any reduction in the value of the products as a result of such treatment that alters their nature, characteristics and functionality. The customer cannot withdraw from the Contract without compensation when the subject of the contract is products adapted after special manufacturing or processing to the needs of the customer. The customer’s right to withdraw from the Contract only applies to products that are returned in exactly the same condition that they were received. No refund will be made by the Company if the product has been used after opening, if the product is not in the same condition as delivered or if it has been damaged. Therefore, the customer must take care of the products while they are in their possession and return the products using or including their original packaging, instructions and any other documents that may accompany the products. In any case, the customer must return the products together with the receipt/invoice received upon delivery. After the Company has examined the returned product in detail, it informs the customer whether it is entitled to a refund including shipping costs within the legal deadline and provided that all goods comprising the package are also returned.
18.2 Returns of Defective Products
In the event that the customer finds that the product he ordered does not comply, at the time of delivery, with the terms of the Contract, he must immediately contact the Company by e-mail, describing in detail the product and its defect, or by calling 210 9319346 and he will be given instructions on further actions. He can return the product to the Company’s stores or deliver it to the courier that the Company will send. You must return the product together with the return slip.
The Company will carefully examine the returned product and inform the customer via e-mail or telephone within a reasonable time if they are entitled to a refund or replacement (if any). The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the day the customer is confirmed by the Company that he is entitled to a refund or replacement of the defective product. In the case of defective products, the amount paid is refunded in full, including shipping costs and any other reasonable costs that the customer may have incurred in returning the product. The refund of the customer’s money is made using the same method as the payment made during the purchase. The legal rights of the customer in accordance with the current legislation are not affected.
19. Order cancellation
Cancellation of the order on the Website can be done in the following cases: a) before the customer completes his order, during the online process he can go back and delete the quantities of the products from the shopping cart, by pressing the button “Subtraction”. Even if he has completed his online order but the product has not yet been shipped, he can cancel it by emailing sales@kazahellas.gr. In the bank deposit payment option the order is canceled if payment is not made within 2 working days.
20. Order Delay
Any delay in the customer’s order may be due to one of the following reasons:
Bank Deposit:
For the best service to the customer and the fastest shipping of his order, the order code and the name given when the order was created must be written in the depository. In order to start the process of sending the products after a bank deposit, the amount deposited must appear in the Company’s account and the data must be identified. This process requires the contribution of the respective bank and for this reason the payment may be delayed product shipping process.
The supplier was late in sending the product:
In order to offer variety and competitive prices to its customers, the Company orders its products from a large list of suppliers, both Greek and foreign. ΄ However, in some cases, an order is usually delayed at customs or in transit. In such cases, the Company informs the customer, contacts him and asks him if he wishes to deliver the order without the specific product or by replacing it with another one that it will suggest. This item will be shipped immediately upon receipt by the Company.
The product you ordered has already been discontinued and is unavailable:
In the products available through the Company’s online store, it is often observed that a supplier announces without notice the removal of certain products. And in this case the Company will contact the customer in order to propose alternative solutions.
When extreme weather or strikes occur and generally in cases of force majeure that affect smooth transportation and delivery.
In any case where it is not possible to contact the customer (by phone or email) to deal with any problems, regarding his order or payment. For example, when the customer details on file are not correctly updated.
21. Safe products
The products made available by the Company comply with the applicable Greek and EU legislation for the use for which they are intended and the conditions of such use.
22. General terms
The Company reserves the right to freely modify or revise the terms and conditions of use and transactions of the online store, whenever it deems it necessary, and undertakes the obligation to inform the Users of any change, through the pages of this online store. Contracts through the online store are drawn up in the Greek language. The online store exclusively serves businesses and professionals located in Greece.
23. Applicable law
These terms of use, the use of the online store as well as transactions through it, are governed by Greek Law. In the event that any of these terms and conditions is deemed invalid or voidable, such invalidity or voidability shall not affect the validity of the other terms. The Courts of Athens are solely responsible for the resolution of any dispute arising from the use of the online store and in particular from the Agreements or regarding the interpretation or application of these Terms of Use or arising from them.