1. Introduction
These “Purchase Terms and Conditions”, together with the “Terms of Use”, shall govern and form an integral part of all contracts entered into and for all orders placed by Customer through the online store of the Company with the name “ALEXIS KAI ILIAS KAMTSIS G.P.” and the distinctive title “METALFORM OE”, with registered offices at the industrial area of Sindos, at Thessaloniki, 33 B’, 3rd Phase, P.C. 57022, with H.B.S. Registration Number 038114305000, with T.R.N. 082495688, (hereinafter referred to as the “Company”).2. Subscription or Log in
The User of the online store (hereinafter referred to as “User” or “Customer”) has the option to register before submitting his order. The User can register or log in the online store using his name, phone number and e-mail. This information remains strictly confidential.
The Company reserves the right to use this information to send updates on new products or offers to its customers or registered in the online store user if they declare so.
The User may cancel his subscription to the e-mail list by sending an e-mail to the address info@kamtsis.gr requesting the deletion or rectification of his Personal Data.
3. Purchase of products
The information on the Company’s products quoted on the Company’s website, does not constitute an offer for sale but rather an invitation to treat. The placing of an order by the User does not imply the conclusion of a contract between the User and the Company. No contract shall exist between the User and the Company until the User’s order has been expressly accepted by the Company.
To place an order, the User shall follow the online purchasing process and press the “Authorize Payment” button to submit his order. Upon submission of the order, the User will receive an automated confirmation e-mail that the Company has received the submitted order without any problems (“Order Confirmation”). The receiving by the User of said e-mail does not imply the acceptance of the order by the Company.
Updates on the status of the order will appear on the User's screen and will be sent by email to the electronic address he has indicated. The status of the order is being constantly updated. The User shall check the “Order Confirmation” and inform immediately the Company (at least within 24 hours from the receipt of said electronic notification) in writing of any error, otherwise the information mentioned in said “Order Confirmation” will apply to the contract.
After the order has been processed by the Company, and the availability of the products as well as the absence of any errors in the online store regarding their prices, characteristics etc, has been established, the User will receive a second e-mail including the products to be shipped. Said e-mail shall constitute the confirmation of the submitted order (“Shipment Confirmation”). This e-mail expressly confirms the content of the order, the total price as well as the estimated delivery time of the order as it was made known to the Customer prior to the submission of his order. Upon receipt of “Shipment Confirmation”, the contract between the User and the Company regarding the products whose shipment has been confirmed by said e-mail, is concluded.
The Customer can be informed about the progress of his order, either by telephone (tel: 2310 796373) or by sending an e-mail (to the electronic address: info@kamtsis.gr ) or online by entering his username and password on the respective fields, logging into his account and selecting “order tracking”.
4. Availability of products
All orders are subject to the availability of the products. The User is being informed about their availability through indications placed on the page of each product in the Company’s online store. If the product is unavailable, the Company shall promptly inform the Customer of its unavailability by any means. In such case, the Company reserves the right to reject the submitted order and therefore to not conclude the contract. Any payments already made shall be returned to the Customer without undue delay using the same payment method the Customer used to place his order.
If only part of the products of the submitted order are unavailable, the rest of the order shall be executed as usual. If the rest of the products of the order are linked to the unavailable products and are to be used as an integral whole, and the Customer declares that the partial execution of the order does not serve his needs or interests, the Company shall cancel the entire order.
5. Reject of order
The Company reserves the right to withdraw any product from its website at any time or/and remove or edit the content of the website. Whilst the Company makes its best effort to process all orders placed, there may be exceptional circumstances under which the Company may need to reject an order after it has been already confirmed. The Company reserves the right to reject an order at any time at its sole discretion. In such case the Company is by no means liable to the Customer or any other third party.
6. Shipping of products
The products shall be delivered at the Company’s headquarters in the industrial area of Sindos, at Thessaloniki, 33B, 3rd Phase, P.C. 57022. In this regard, the Company informs the Customer on the estimated time of the pickup of his order from the store. The Customer must pick up his order within 5 working days from the time the order has been made available for pickup at the Company’s store. If the Customer does not pick up his order within this deadline, the Company has the right to withdraw from the contract.
To receive his order, the Customer must show the order code as well as an official identification document (such as an identity card or passport). If the Customer wishes to authorize a third person to pick up his order, the third person should present a duly signed document providing him with the authorization to pick up the specific order, as well as an official identification document (identity card, passport etc).
The Customer may use a transport or courier company to ship the order to a place of his choice, at his own risk. The shipment of the order shall take place upon successful payment of the total value of the submitted order. The Customer is responsible for the payment of the transport costs directly to the transport or courier company upon delivery of the order. If the Customer does not pick up the order despite the relevant notification sent by the carrier, the Company reserves the right to withdraw from the contract.
The delivery time of each order depends on the availability of the products in the Company's warehouses as well as on other exceptional circumstances that may occur. The Company will make every effort to complete the order for the products listed in the “Shipment Confirmation”, by the delivery date referred therein and in any case within 30 days from the date of the “Order Confirmation”, unless there is a different agreement entered between the Company and the Customer confirmed in writing. However, delays may occur in cases such as adapting products to the Customer’s requirements or in unforeseen circumstances.
7. Force Majeure
The Company is not responsible for delays in the execution of the order due to circumstances that cannot be attributed to the Company's fault or due to force majeure. In such cases the Company is entitled to an extension of time for the execution of the order. Such incidents constitute, without limitation: strikes, acts of terrorism, war, supplier/transportation/production problems, currency fluctuations, governmental or legislative acts and natural disasters.
If such incidents last more than two (2) months, the contract may be terminated by either party without compensation. If the Customer considers that he no longer has an interest in the execution of the order, he has the right to terminate the contract between him and the Company. Upon termination of the contract, the Company shall return to Customer, the full price as well as any other amount that was paid under the contract.
8. Pricing and payment of products
The price of the products is the one quoted on the Company's website, except in cases of an obvious error. While the Company takes care to ensure that all prices quoted on the website are accurate, typographical or technical errors may occur.
If the Company discovers an error in the price of any product the Customer has ordered, the Customer shall be informed as soon as possible by the Company and be given the option to reconfirm his order at the correct price or cancel it. If the Company is unable to contact the Customer, the Company has the right to consider the order cancelled in which case the Customer shall receive a full refund of the exact amount he has already paid.
In the event that the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by the Customer as such, the Company is under no obligation to sell the product(s) to the Customer at the incorrect lower price.
Prices may change at any time. Subject to the abovementioned, any changes to the price of the products shall not affect orders for which an “Order Confirmation” has already been sent to the Customer.
The Customer may proceed to the payment of his order in the following ways:
1. By paying in the physical store of the Company
2. By credit/debit card
3. By deposit to the Company's account
If the payment has been made by credit/debit card, the Customer's transaction shall be processed by Piraeus Bank in a secure banking environment. The Company, by no means retains any kind of information regarding the Customer's card details.
Credit cards are subject to validation checks by the respective card issuer. If the card issuer does not approve the payment, the Company is not liable for any delay or non-delivery.
9. Cancellation of Order
To make an order cancellation, the Customer shall contact the Company either by email (at info@kamtsis.gr) or by phone (at 2310 796373) quoting the Order Number.
10. Return Policy
The Customer can easily return the products purchased from the Company's online store within fourteen (14) days after receiving them, without stating the reason for the return. In such case, the Customer shall either deliver in person or ship the products directly to the Company's headquarters using a transport company or courier service of his choice and at his own expense. The Customer shall inform the Company on the return of the products either by email (at info@kamtsis.gr) or by phone (at 2310 796373) and Company shall confirm accordingly the return process. The return of the products shall be accepted upon provision by the Customer of the original proof of purchase (retail receipt, invoice and waybill).
Upon exercise by the Customer of his right to withdraw from the purchase, the Company shall refund the Customer for the full price he has already paid. The refund shall be made using the same payment method the Customer used to make the payment in the original transaction. If the payment was made using a credit card, in which case the Company receives the payment through the Bank, the Company shall inform the Bank as soon as possible on the cancellation of the purchase and the Bank shall take any necessary action to refund the Customer. After the Bank has been duly informed by the Company, the Company shall bear no responsibility regarding when and how the reversal entry regulated by the agreement between the issuing Bank and the Customer will take place. In the event that the Customer has chosen to pick up the product(s) from the store, he shall receive the refund at the Company's store upon return of the product(s). The refund will be made within fourteen (14) working days from the time the Company has been informed of the exercise of the right of withdrawal by the Customer.
The right of withdrawal applies solely to returned products that are exactly in the same condition as the Customer received them, inside their original packaging (box or gelatin). If the Company realizes that the returned product(s) has been used after its unboxing, is not in the same condition as the Customer received it or it has been damaged, the Customer shall not be refunded. The Customer shall exercise due diligence in safeguarding the products while in his possession. If the product(s) has been damaged intentionally or due to the negligence of the Customer or has been used inappropriately, the exercise of the right of withdrawal by the Customer shall produce no results whatsoever and the Company shall bear no responsibility to compensate the Customer accordingly.
The right of withdrawal does NOT apply in cases where the purchase was made directly at the Company’s physical store since the purchase in this case is not considered to have been done remotely.
11. Claims due to real defects and lack of agreed properties
The right of withdrawal does not apply to defective products or products with lack of agreed properties. These products are covered by their respective guarantees. More specifically:
1. In the event of a real defect or lack of agreed properties of the product(s), the Company has towards the Customer all the obligations of the seller provided for in the Civil Code. In particular, the Customer has the right at his own discretion: a) to request, at no further cost to him, the repair or replacement of the product(s) with another new product, unless such repair or replacement is impossible or the cost of such repair or replacement is disproportionate, b) to request a price reduction or c) to withdraw from the contract, unless the defect is an immaterial defect. The period of limitation for the exercise by the Customer of his rights shall be two years. If the Company has duly notified the Customer regarding the existing defect or lack of agreed properties of the product(s), the Company shall not be obligated to fulfill the Customer’s requests.
2. The producer of the product(s) is liable for any damage caused by a defect in his product. Any clause limiting or exempting the producer from his liability is null and void. Claims against the producer for damages caused by his product(s) are time-barred after three years after the Customer was informed or should have been informed of the damage, defect, and identity of the producer. Ten years after the release of the product(s), the Customer's rights against the producer shall be extinguished.
New products with a long shelf life (“consumer durables”) must be accompanied by a written guarantee from the manufacturer of the product or the company that imported the product into the EU or the company that appears as the manufacturer (“Supplier”). The Customer must pay particular attention to the terms of the Supplier’s guarantee as well as to the other accompanying documents and information included in the product(s) by responsibility of the Supplier, particularly those providing information on the safe use and maintenance of the product(s). The basic terms of the commercial guarantee are as follows:
a) The Supplier must provide the Customer in writing, in the Greek language or with internationally established symbols, with clear and complete instructions on the safe use, preservation, maintenance and full utilization of the prodsuct as well as information on the risks during its use and maintenance. The guarantee must include, in simple, legible, and understandable wording in the Greek language, at least the name and address of the guarantor, the product of the guarantee, the guarantee’s exact content and duration as well as the extent of guarantee’s territorial validity. The guarantee must conform to the rules of good faith and should not be negated by excessive exclusion clauses. The guarantee must have a reasonable duration compared to the time during which these products can be expected to remain technologically up to date, if this duration is shorter than their expected shelf life.
b) If a defect appears in the product(s), while the guarantee is still valid, and the Supplier refuses to repair or delays repairing the defective product(s), the Customer has the right to request the replacement of the product(s) with a new one of the same characteristics and quality or, if the defect is irreparable, to exercise his right to withdraw from the contract. If the repair cannot be completed within fifteen (15) working days, the Customer has the right to request the temporary replacement of the product being repaired until repair is completed. The breach by Supplier of his legal obligations, does not affect the validity of the guarantee. The Customer has the right to invoke such guarantee and demand from Supplier to comply with it.
c) In addition to the guarantee, the Supplier of new consumer durables shall provide consumers with technical support for the maintenance and repair of the product(s), for a period equal to their shelf life. The products made available by the Company are accompanied by written instructions and a good operation guarantee of a reasonable duration, in the Greek language. The guarantee form always includes the name and address of the manufacturer, the product covered by the guarantee, its exact content, its duration, its territorial validity, and the rights provided by applicable law. If the Company is also the Supplier, the Company shall enclose in its products instructions on their safe use and maintenance. The Customer must comply with said instructions. The guarantee of consumer durables is valid from the date of their purchase and their free repair is possible as long as: a) the Customer has in his possession the guarantee and the proof of purchase, b) the elements of the product have not been altered (Serial No.) and c) the inflicted damage is not excluded based on the manufacturer's guarantee form.
12. Personal Data
To submit an order, the Customer must fill in in his personal information (e.g., name, email address, phone). The Company, as Data Controller, collects solely the registered by the Customer information that is necessary for the processing of the order.
The Company keeps the Customer’s Personal Data for as long as it is necessary for the performance of the contract to which the Customer is party but no longer than five years after its termination as defined by law on the limitation period of claims.
The financial information as well as the information necessary for inspection purposes by the supervisory authorities will be kept according to the applicable legislation. Provided that the preservation of this information is no longer required for the fulfillment of the above purpose or to cover the Company's operational, tax or accounting requirements or to defend the Company’s rights before a court or authority, it shall be destroyed in a secure manner.
Only the Company’s strictly necessary personnel that is bound by confidentiality, as well as the Company’s cooperating companies that act as Data Processors on the Company’s behalf, may have access to Customer’s Personal Data.
For more information on the processing of the Customers’ Personal Data and the exercise of Customers’ rights, refer to the Privacy Policy of the Company.
13. Applicable law
Contracts concluded through the Company’s online store are governed by the provisions of Greek Law, European Law and the relevant International Agreements, in particular by the laws regulating issues related to e-commerce, distance sales and consumer protection. All provisions shall be interpreted based on the rules of good faith and business ethics.
It is noted that the protection provided by the laws regarding distance contracts, as well as the present purchase terms and conditions, considers only transactions with natural persons who are dealing with the Company for reasons not falling into their professional activity.
14. Dispute resolution
The Customer and the Company shall make every effort to settle amicably any dispute that may arise out of the contract entered between them. The Customer may also address the competent bodies responsible for out-of-court consumer disputes resolution.
If the Customer faces any problem with a purchase made from the Company’s online store, and is a resident of the EU, he may refer to the website https://webgate.ec.europa.eu/odr/main/?event=main.home.show for an out-of-court dispute resolution. The Alternative Dispute Resolution (ADR) Body certified for this purpose is the European Consumer Centre Greece (ECC GREECE), Alexandras Avenue, no. 144, P.C. 11471, Athens, +30 2106460784, info@eccgreece.gr. The Customer may contact the afore mentioned body to guide him throughout the entire procedure for the submission and processing of his complaint.
If it is unable to resolve the relevant dispute out-of-court, the dispute shall be resolved by the Courts of Thessaloniki.
15. Partial Invalidity Clause
If, at any time, any provision of the contract is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.
16. Entire Agreement
These terms and conditions as well as any document expressly referring to them, contain the entire agreement between the Company and the Customer with respect to the subject matter of the contract and supersede all prior agreements, written or oral, with respect to such matters.
17. Modification of terms
The Company retains the right to unilaterally amend or update the present terms and conditions according to the Company’s needs and business ethics. The Company shall inform the users on any change, through the website of the online store. It is noted that any change to the present terms and conditions does not apply to orders that are already in progress.
Last update: 16/09/2022