1. General

1.1 These General Terms and Conditions of Sale shall apply and be applicable to every contract for the sale of goods by “IOANNIS MAVROGENIS IKE”, entered into either in Greece or abroad. The mere submission of an order to “IOANNIS MAVROGENIS IKE” shall automatically constitute the Customer’s full and unconditional acceptance of these General Terms and Conditions. Under no circumstances shall “IOANNIS MAVROGENIS IKE” be bound by any additional terms or terms contrary to these Terms that may be imposed by the Customer.

1.2 All printed documents generated by the Company’s computerized system of “IOANNIS MAVROGENIS IKE” (such as order confirmations, account statements, payment reminders) shall be valid and binding even if they do not bear a stamp or signature.

1.3 The Customer’s debt to “IOANNIS MAVROGENIS IKE” may also be evidenced by an extract issued by “IOANNIS MAVROGENIS IKE” from its commercial books, showing the activity of the Customer’s account and the total amount owed by the latter. The Customer hereby acknowledges the full evidentiary value of such extracts and copies from the Company’s commercial books. Such extracts or copies shall be issued by an authorized employee or representative of “IOANNIS MAVROGENIS IKE”, and the Customer acknowledges that they constitute full written evidence of the claims of “IOANNIS MAVROGENIS IKE”, subject however to the right of rebuttal.

1.4 In the event that the Customer refuses to purchase goods that were designed and manufactured on its behalf pursuant to a special order, “IOANNIS MAVROGENIS IKE” shall be entitled to retain the advance payment made by the Customer for that specific special order.

2. Price

2.1 The price list of the products traded by “IOANNIS MAVROGENIS IKE” shall be subject to unilateral amendments by the latter without any prior notice.

2.2 For orders for which no price has been agreed in advance, the prices set out in the price list of “IOANNIS MAVROGENIS IKE” in force on the delivery date shall apply.

3. Payment Terms

3.1 The accounts of the Customers of “IOANNIS MAVROGENIS IKE” must be settled in accordance with a specific agreement entered into in writing at the commencement of the business relationship.

3.2 All payments shall be made exclusively in cash, by deposit or bank transfer to an account designated by “IOANNIS MAVROGENIS IKE”, by card (debit, credit, prepaid Visa/Mastercard) via POS terminal or contactless payment (NFC), via the IRIS system, and by bank cheques. Bills of exchange and promissory notes shall not constitute proper means of payment and therefore shall in principle not be accepted.

3.3 “IOANNIS MAVROGENIS IKE” shall have the right to suspend or refuse shipment of goods to the Customer if the agreed payment terms are not complied with, as of the day following the relevant agreed payment date, the Customer waiving any right to claim compensation for such reason.

3.4 In the event of delayed payment, default interest shall be calculated on the basis of the statutory interest rate, as determined from time to time by the competent authorities. More specifically, default interest shall accrue automatically from the day following the agreed payment due date, without the need for any prior notice or extrajudicial demand to the Customer.

3.5 In the event of payment by the Customer earlier than the agreed deadline, “IOANNIS MAVROGENIS IKE” may, at its sole discretion, grant a special discount in accordance with the discount scale applicable from time to time.

3.6 All documents issued by “IOANNIS MAVROGENIS IKE” on behalf of the Customer (including but not limited to invoices and delivery notes) must bear the signature and handwritten full name of the person lawfully entitled to sign them, as well as the stamp of the legal entity, association of persons or business in whose name they may have been issued. In the event that the goods are received by a third person who has either been designated by the Customer, or acts within the Customer’s business or at the place of delivery or receipt of the goods designated by the Customer, the signature of such third-party recipient, even without compliance with the above formalities (handwritten full name, stamp), shall be deemed to have been affixed by a person duly authorized and empowered by the Customer, acting in the name and on behalf of the Customer. Accordingly, documents signed in this manner shall constitute full written evidence, in particular as to receipt of the goods.

3.7 For payments made by the Customer by deposit or bank transfer, all bank charges of any kind shall be borne entirely by the Customer.

4. Retention of Title

4.1 “IOANNIS MAVROGENIS IKE” shall retain title to all goods, products and materials sold and delivered until the full and complete payment by the Customer of the purchase price and of any and all contractual ancillary amounts, expenses and charges that may burden the Customer (transport costs, taxes, duties, customs clearance charges, etc.). The Customer shall be obliged to take all appropriate measures necessary to ensure that the identity of all sold and delivered goods as originating from “IOANNIS MAVROGENIS IKE” remains identifiable, so that their recovery, or the recovery of their price, by “IOANNIS MAVROGENIS IKE”, in accordance with the following paragraph, remains possible in the event that the purchase price and any expenses are not paid by the Customer.

4.2 In the event of breach by the Customer, and in particular in the event of delayed payment, “IOANNIS MAVROGENIS IKE” shall retain the right to repossess the goods by exercising its rights arising from ownership, without first having to declare withdrawal from the contract. Withdrawal from the sale of any specific goods shall be deemed completed only insofar as, and only with respect to those goods that are found and recovered by “IOANNIS MAVROGENIS IKE”; as to the remaining goods not found or recovered, it shall continue to retain all its rights arising from the sale. Conversely, the exercise or pursuit by “IOANNIS MAVROGENIS IKE” of satisfaction of its rights arising from the sale contract shall in no event be deemed a waiver of its rights arising from ownership of each individual item, which rights it shall continue to be entitled to satisfy to the extent that satisfaction of its claims arising from the sale is not complete. The mutual exclusivity of rights arising from the contract and from ownership shall apply only insofar as satisfaction of a right belonging to one or the other category has actually been achieved; the mere exercise of any such right shall not suffice to give rise to such mutual exclusivity.

5. Orders - Delivery

5.1 Orders for goods by the Customer shall be submitted to “IOANNIS MAVROGENIS IKE” by any written and/or electronic means of communication (including, indicatively, e-mail) approved by it. Submitted orders for goods shall be subject to the express condition of their acceptance by “IOANNIS MAVROGENIS IKE”. The placing and submission of an order in the manner referred to in this clause shall constitute the Customer’s unconditional acceptance of these General Terms and Conditions.

5.2 The delivery terms set out below are indicative and not binding. Delivery of the goods shall take place at the address indicated by the Customer. The goods shall travel for the account, at the expense and at the risk of the Customer. Transport, lifting and unloading costs shall always be borne by the Customer.

5.3 Any stated estimated delivery dates shall remain non-binding unless otherwise expressly agreed.

5.4 Delivery of the goods shall be made by dispatch from the storage facilities of “IOANNIS MAVROGENIS IKE” to the address indicated by the Customer, which shall also be stated in the documents and records issued by “IOANNIS MAVROGENIS IKE” for the specific sale. The address designated as above may not be changed once the goods are en route to their final destination.

5.5 In the event that the Customer breaches its obligations arising from the sale contract, or does not cooperate with “IOANNIS MAVROGENIS IKE” so as to enable it to perform its own obligations arising from the sale (for example, in the event of refusal to accept delivery), “IOANNIS MAVROGENIS IKE” shall be entitled to withdraw from performance of that part of the order which has not yet been completed. The foregoing shall not affect the right of “IOANNIS MAVROGENIS IKE” to claim damages for non-performance or defective performance of the contract, or damages in lieu of performance.

5.6 With regard to goods to be delivered which are not manufactured by “IOANNIS MAVROGENIS IKE” itself, the latter shall be liable for their timely and proper delivery to the Customer only in the event that the improper, late or non-delivery is due to its own fault.

5.7 It may be agreed between the Customer and “IOANNIS MAVROGENIS IKE” that materials ordered by the former from the latter shall be stored in the latter’s warehouses for a period not exceeding fifteen (15) days.

5.8 “IOANNIS MAVROGENIS IKE” shall be released from liability for any delay, inability or defective performance of its contractual obligations (execution of orders, delivery, etc.) resulting from force majeure events, including indicatively governmental acts and measures, including those of public authorities, wars, natural disasters, acts and omissions of the Customer, interruptions in transportation, general strikes or lockouts, inability to obtain labor or raw materials, pandemics, epidemics, public-health restrictive measures, as well as widespread cyber-attacks, collapse or malfunction of telecommunications networks, and any event that is objectively unavoidable, unforeseeable and beyond the control of “IOANNIS MAVROGENIS IKE”. In the event that “IOANNIS MAVROGENIS IKE” is unable to perform all or part of its contractual obligations due to non-attributable impossibility as set out above, it shall be entitled to withdraw from the contract in whole or in part and/or cancel orders, without any obligation to pay compensation to the Customer. The foregoing shall also apply if the aforementioned circumstances occur in relation to any supplier of “IOANNIS MAVROGENIS IKE”.

6. Return of Materials

6.1 Returns of goods shall be accepted only following prior consultation with “IOANNIS MAVROGENIS IKE” and exclusively within one month from the date of purchase.

6.2 All goods to be returned shall be accepted only if they are in exactly the same condition as when purchased.

6.3 “IOANNIS MAVROGENIS IKE” does not accept returns of goods which were specially ordered from abroad upon the specific order of the Customer.

6.4 All returned goods purchased by professionals/business customers must in all cases be accompanied by a Delivery Note - Return Note. For returns of goods purchased by private individuals, the proof of purchase must be presented.

6.5 The cost of returning goods by courier or transport company to the premises of “IOANNIS MAVROGENIS IKE” shall be borne entirely by the sender/Customer.

7. Warranties

7.1 Any warranties undertaken by our suppliers through warranty statements, related advertisements or other product-related documents shall not bind “IOANNIS MAVROGENIS IKE”. Such warranties shall be binding exclusively upon the supplier who declared that it provides the warranty.

7.2 If the delivered goods have an actual defect or lack an agreed property, “IOANNIS MAVROGENIS IKE” shall have the right, at its option, within a reasonable period and without additional charge to the Customer, either to remedy the actual defect/lack of agreed property, or to replace the goods in their entirety.

8. Liability

8.1 “IOANNIS MAVROGENIS IKE” shall be liable to the Customer only for direct and unforeseeable damages in the event of gross negligence on the part of its executives, agents or assistants in performance.

8.2 “IOANNIS MAVROGENIS IKE” shall not be liable to the Customer, or to any third party (for example, agent, assistant in performance, etc.) acting within the sphere of the Customer’s interests, or on its instructions or on its behalf, for damages that may occur to the life, physical integrity or health of any of the above persons and which are due to incorrect, unsuitable or inappropriate installation, connection, assembly, application or operation of the purchased materials by the Customer itself or by any of the above persons.

9. Jurisdiction - Extension of Jurisdiction - Applicable Law

Any dispute, controversy or disagreement relating to the performance and/or interpretation of this sale contract that may arise between the parties shall be governed by Greek law and shall fall within the exclusive jurisdiction of the competent Courts of Chania.

10. Partial Invalidity

In the event that any of these General Terms and Conditions is held invalid for any reason, the remaining terms shall continue in force as if the invalid term had not been included herein. Any failure by the Company to exercise any of its above rights shall in no case be interpreted or deemed as a modification of these General Terms and Conditions or as a waiver of the rights provided thereunder.

11. Processing of Personal Data

“IOANNIS MAVROGENIS IKE” applies REGULATION (EU) 2016/679 (GDPR). The selling company collects and processes the Customer’s personal data exclusively for the performance of the sale contract and matters ancillary thereto (transport, etc.). The Customer consents to such processing and declares that it has been informed of its rights (access to personal data, right to erasure/right to be forgotten, etc.) in accordance with the Privacy Policy of “IOANNIS MAVROGENIS IKE”, as posted on the official website: https://www.mavrogenis.net/el/. The Customer declares that it has obtained full knowledge of the terms of personal data processing as posted on the above-mentioned website of “IOANNIS MAVROGENIS IKE” and fully accepts such processing within the framework of the execution of their cooperation.

“IOANNIS MAVROGENIS IKE” reserves the right to reword the terms of cooperation in the event of changes in market conditions.