Terms & Conditions | Axinar.com

COMPANY DETAILS
Axinar SA
“Axinar”
VAT number: EL801933291
Tax Authority: FAE THESSALONIKI
General commercial registry number (GEMI number): 166507704000

INTRODUCTION

Welcome to the website of AXINAR SA (hereinafter the “Company”, “we”, “us”). Our Company operates in the field of metal construction production, including photovoltaics, pellet and wood boilers, as well as various metal constructions up to 1 ton in weight and up to 3 meters in length. In addition, we produce automation systems such as thermostats, solbox and micro-automation for photovoltaic applications. These Terms of Use (hereinafter “Terms”) govern the use of our website at www.axinar.com (hereinafter “Website”) and the electronic store (e-shop) hosted on it. Please read these Terms carefully before using our Website. The use of our Website implies full and unreserved acceptance of these Terms. If you do not agree with any of these Terms, please do not use our Website.

DEFINITIONS

“Content”: refers to all the content of the Website, including texts, images, videos, software, graphics, designs, and any other material that appears or is available through the Website.
“User”: any natural or legal person who visits, browses, or uses the Website in any way.
“Account”: the registration and creation of a user profile on the Website for making purchases or other transactions.
“Products”: all goods available for sale through the Website.
“Services”: any services offered through the Website, including custom service services.

USER REGISTRATION

3.1 Account Creation

To make purchases through our Website, an Account creation is required. When registering, you must provide accurate, complete, and up-to-date information. You are solely responsible for maintaining the confidentiality of your password and for all activities that take place through your Account.

3.2 Age Restrictions

Account creation and making purchases are only allowed for individuals over 18 years of age or minors who have the explicit consent of their parents or guardians.

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate your Account operation at our absolute discretion, without notice, if we detect a violation of these Terms or any suspicious activity.

4. PURCHASES AND PAYMENTS

4.1 Products and Prices

All information about Products, including descriptions, specifications, and prices, is provided with the utmost accuracy. However, we do not guarantee the absolute accuracy of this information and reserve the right to correct any errors. Product prices are listed in Euros (€) and include VAT, unless otherwise specified. Shipping costs are calculated and displayed separately before completing the order.

4.2 Order Process

To complete an order, you must follow the steps indicated on the Website, selecting the Products you want, adding them to the shopping cart, and filling in all the necessary information for the order and shipping. Placing an order constitutes a purchase offer from you. Your order is considered accepted only when we send you a confirmation via email.

4.3 Payment Methods

The available payment methods and details about payment procedures are described in a separate document titled “Payment Methods”, which is available on our Website in the payment methods section. The information in this document forms an integral part of these Terms.

4.4 Shipping and Delivery

The delivery time of our products varies significantly depending on the type of product:

For products in stock, we make every effort to ship within 1-3 business days.
For custom constructions or large-dimension metal constructions, the delivery time cannot be determined with accuracy as it depends on various factors, such as the complexity of the construction, dimensions, weight, materials, production workload, and availability of raw materials. For each order, we will contact you and provide you with an estimated delivery time. This estimate is indicative and may vary due to unforeseen conditions or factors beyond our control. In case of significant delay beyond the estimated delivery time, we are committed to informing you immediately and providing you with a new estimate for the completion date of your order.

4.5 Order Cancellation

You have the right to cancel your order within 24 hours of submission, provided that the shipping or production process (for custom products) has not begun.

4.6 Resale Prohibition

The products available through our Website are intended exclusively for use by the buyer or as a gift to third parties and not for commercial resale. Specifically:

General prohibition: It is expressly prohibited to purchase products from our Website for the purpose of reselling, distributing, commercial use, or promoting them without the prior written consent of our Company.
Custom constructions: Especially for customized (custom) constructions and products manufactured according to customer specifications, resale or commercial exploitation in any way is strictly prohibited. These products are designed and manufactured exclusively for the specific customer and are not intended for further commercial distribution.
Intellectual property: The designs, specifications, and technical details of our products, especially custom constructions, are the intellectual property of our Company and are protected by applicable legislation. Copying, reproduction, or use for commercial purposes without permission is prohibited.
Commercial partnerships: For businesses interested in reselling our products, a separate, written distribution or agency agreement with our Company is required. Interested parties can contact the sales department at [email protected] for more information.
Consequences of violation: Violation of this resale prohibition may lead to immediate termination of cooperation, cancellation of orders, rejection of future purchases, and possibly legal action to protect the rights and interests of our Company.
Monitoring purchases: The Company reserves the right to monitor unusual purchase patterns that may indicate purchases for resale purposes and to limit or refuse such orders at its absolute discretion. This resale prohibition aims to ensure the quality and reputation of our products, protect our intellectual property, and maintain the integrity of our distribution network.

5. RIGHT OF WITHDRAWAL

5.1 General Information on Withdrawal

According to Greek legislation and Directive 2011/83/EU on consumer rights, you have the right to withdraw from the sales contract within 14 calendar days from the date of receipt of the Products, without stating the reasons and without any penalty. The withdrawal period expires 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the products.

5.2 Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to the following cases:

Products manufactured according to the consumer’s specifications or clearly personalized (custom constructions).
Products that have been used and their use has reduced their value.
Products that have been damaged after receipt.
Products that cannot be returned for reasons of hygiene or health protection, if their seal has been removed.
Products that, due to their nature, are inseparably mixed with other items after delivery.
Sealed products which are not suitable for return due to health protection or hygiene reasons, and which have been unsealed after delivery.

5.3 Procedure for Exercising the Right of Withdrawal

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract with a clear statement (e.g., a letter sent by post, fax, or email). You can use the model withdrawal form attached to these Terms of Use, but its use is not mandatory. To meet the withdrawal deadline, it is sufficient to send your statement regarding the exercise of the right of withdrawal before the 14-day period expires.

The customer has the right to return within 14 days of receiving the product.

The withdrawal statement can be sent in one of the following ways:

Via email: Email address: [email protected]
Subject: “Withdrawal from sales contract” By post: AXINAR SA, VIPA ORAIOKASTROU 57013 Thessaloniki
Via contact form: On our website, in the “Contact” section, filling out the form and selecting “Withdrawal” as the subject.

5.4 Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees because of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

5.5 Return of Products

You shall send back the goods or hand them over to us or to a person authorized to receive them on our behalf, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. The products must be returned to the following address:

AXINAR SA VIPA ORAIOKASTROU 57013 Thessaloniki

Attention: Returns Department

Contact Phone: 2310808159

5.6 Cost of Return

The direct cost of returning the products is borne by you. The cost of return depends on the size, weight, and nature of the products, as well as the shipping method you choose. For products that due to their nature cannot normally be returned by post (e.g., bulky products, metal constructions), the estimated maximum cost of return is approximately equal to the shipping cost paid during the original order. You can contact us to get an estimate of the return cost for specific products.

5.7 Condition of Returned Products

You are only responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the products. In other words, you can examine the product in the same way you would do in a physical store, but not more. Specifically, products that are returned should:

Be in excellent condition
Be in their original packaging, where feasible
Be accompanied by all accessories and documents included in the original delivery
Not have been used beyond what is absolutely necessary to establish their nature and characteristics

5.8 Model Withdrawal Form

According to Directive 2011/83/EU, we provide a standardized model withdrawal form which is attached to these Terms of Use as “Appendix A – Model Withdrawal Form”. You can complete and submit this form if you wish to withdraw from the contract, but the use of this specific form is not mandatory. The withdrawal form is also available in electronic form on our website, in the “Returns & Withdrawal” section, from where you can download it, fill it out, and send it electronically or by post.

5.9 Confirmation of Receipt of Withdrawal

Once we receive your withdrawal statement, we will send you without delay confirmation of receipt of the withdrawal on a durable medium (e.g., via email).

5.10 Information on the Progress of Withdrawal

After receiving and checking the returned products, we will inform you about the acceptance of the withdrawal and the initiation of the refund process, or about any problems detected during the check that may affect the refund amount. The process of checking the returned products and refunding is usually completed within 7 business days from the receipt of the products by our Company.

5A. SPECIAL POLICY FOR CUSTOM CONSTRUCTIONS

5A.1 Definition of Custom Constructions

For the purposes of these Terms of Use, “Custom Constructions” are defined as products that are designed, configured, or manufactured specifically according to customer specifications and/or are clearly adapted to their personal needs. Custom Constructions include, indicatively:

Metal constructions of special dimensions or specifications
Specially configured or adapted photovoltaic systems
Pellet and wood boilers with modifications based on customer needs
Automation systems with special specifications or functions
Any other product that undergoes adaptations based on specific customer instructions and is not part of the Company’s standardized production

5A.2 Exclusion from the Right of Withdrawal

5A.2.1 Legislative Framework

According to Article 16(c) of Directive 2011/83/EU of the European Parliament and of the Council on consumer rights and the corresponding Greek legislation (Law 2251/1994, as amended and in force), the 14-day right of withdrawal DOES NOT apply to: “contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized”

5A.2.2 Express Exclusion of Custom Constructions

Based on the above legislative framework, it is expressly clarified that for Custom Constructions produced by our Company upon customer order, the 14-day right of withdrawal does not apply, as:

These constructions are produced specifically for the customer based on their specifications and requirements
They are not standardized products that could be sold to other customers without significant loss of value
The production process begins immediately after order confirmation and payment of the relevant deposit
The Company invests significant resources (materials, labor, design) specifically for each Custom Construction

5A.3 Order Process for Custom Constructions

5A.3.1 Confirmation of Exclusion from the Right of Withdrawal

During the process of ordering a Custom Construction, and before the customer’s final commitment, the Company:

Informs the customer in a clear and understandable way that they are ordering a product that is manufactured according to their specifications and for which the right of withdrawal does not apply
Asks the customer to expressly confirm that they are aware of and accept the loss of the right of withdrawal
Provides the customer with a copy of the order confirmation where the exclusion from the right of withdrawal is mentioned

5A.3.2 Quote and Approval of Specifications

For each Custom Construction, our Company follows these steps:

Sends the customer a detailed quote with the specifications, characteristics, dimensions, and technical details of the requested construction
Requests the customer’s written approval for the specifications and designs
Production begins only if the customer has approved the specifications and has paid the required deposit

5A.4 Limited Right to Cancel Order

5A.4.1 Cancellation before the Start of Production

Despite the exclusion from the right of withdrawal, our Company provides customers with a limited right to cancel the order for Custom Constructions, as follows:

The customer can cancel the order within 24 hours of its confirmation, provided that the Company has not yet started production or the procurement of special materials for the execution of the order
In case of such cancellation, the Company returns the deposit in full, withholding only any transaction charges related to the initial payment

5A.4.2 Cancellation after the Start of Production

After the start of production or the procurement of special materials:

Cancellation of the order is not possible, unless the Company expressly consents
In case the Company accepts the cancellation, it reserves the right to withhold all or part of the deposit, depending on the stage of production and the expenses already incurred
The amount to be withheld will correspond to the actual cost incurred by the Company (materials, labor, design) and will not constitute a penalty

5A.5 Non-Compliance with Specifications

5A.5.1 Receipt Inspection

Upon receipt of the Custom Construction, the customer must immediately check that it meets the agreed specifications and designs that they have approved.

5A.5.2 Right of Rejection

If the Custom Construction presents substantial deviations from the agreed specifications that had been approved by the customer, then and only then the customer retains the right:

To reject the receipt and request correction or replacement so that the construction complies with the agreed specifications
To accept the construction at a reduced price, upon agreement with the Company
In case compliance is impossible and a price reduction is not agreed, to cancel the order and receive a full refund of the amount paid

5A.5.3 Non-Substantial Deviations

It is clarified that small deviations that do not affect the functionality, safety, or substantial appearance of the construction are not considered substantial and do not provide a right of rejection. Such small deviations may include:

Small variations in the shade or texture of the material
Small differences in dimensions within the permissible tolerance limits for industrial constructions (usually ±2mm)
Differences due to the handmade nature of certain works

5A.6 Warranty for Custom Constructions

Despite the exclusion from the right of withdrawal, all Custom Constructions of our Company are covered by the usual warranty of good operation that we provide for the corresponding standardized products, according to section 6 “RETURNS AND WARRANTIES” of these Terms.

6. RETURNS AND WARRANTIES

6.1 Returns

You can return Products in case of defectiveness or non-compliance with the description within 30 days of receipt.

To return a Product, please contact us for instructions. The cost of return is borne by the Company only in the case of a defective product. Otherwise, the cost is borne by the customer.

6.2 Warranties

Our Products are covered by the legal warranties provided by Greek and European legislation. Additionally, we provide an extra commercial warranty for certain products, the details of which are specified in the description of each product or in the warranty document that accompanies it.

6.3 Protection Against Warranty Abuse

Our Company is committed to providing high-quality products and after-sales service, including warranty coverage in accordance with these Terms. At the same time, we must protect our legitimate interests from cases of abusive warranty claims. This article clarifies the cases that are considered abuse of our warranty policy and the measures applied in such cases.

6.3.1 Cases Constituting Warranty Abuse

The following cases are considered, indicatively but not exhaustively, as abusive warranty claims:

a) Deliberate Causing of Damage

Any deliberate causing of damage to the product with the aim of replacing it under warranty coverage
Mechanical stress that significantly exceeds normal use and product specifications
Use of tools or methods aimed at causing controlled damage that resembles a manufacturing defect

b) False or Misleading Statements

Providing false information about how the damage occurred
Concealing important information related to the cause of the damage
False statements regarding the date of purchase or duration of use of the product
Presenting a product as new when it has been extensively used

c) Violation of Usage Specifications

Using the product in a way that explicitly contradicts the usage instructions and manufacturer’s specifications
Installing or operating the product in an environment that is not compatible with its specifications (e.g., unsuitable temperatures, humidity, dust)
Using the product for purposes other than those for which it was designed, especially when such use is explicitly stated as not permissible

d) Unauthorized Modifications or Repairs

Modifying the product without the written approval of the Company
Repair or attempted repair by unauthorized personnel
Removal or tampering with security seals or special markings indicating unauthorized intervention
Use of unapproved spare parts or consumables that damage or harm the product

e) Claims Outside Warranty

Claiming compensation for alleged damages not covered by the warranty terms
Invoking warranty for a product whose warranty period has expired, with falsification of proof of purchase
Repeated unfounded claims for the same or different products

f) Abuse of DOA (Dead On Arrival) Procedure

Declaring that the product was defective upon receipt when in reality it has been used
Tampering with the packaging or product to make it appear that it was delivered in this condition
Attempting to return a different product from the one purchased, claiming that the wrong product was delivered

g) Systematic Abuse

Pattern of repeated returns or warranty claims suggesting bad faith behavior
Coordinated efforts by groups of individuals to exploit the warranty policy
Use of multiple accounts or details to hide repeated claims

6.3.2 Investigation Procedure for Abusive Warranty Claims

In case of suspected abusive warranty claims, our Company follows a strict and fair investigation procedure:

Technical Examination: Detailed examination of the product by specialized technical personnel to determine the actual cause of the damage.
Request for Additional Information: Possibility of requesting additional information or evidence from the customer to support their claim.
Cross-checking Information: Checking the history of purchases and warranty claims of the specific customer.
External Expert Opinion: In cases of dispute, the Company’s right to request an independent expert opinion from an approved third party.
Customer Notification: Detailed information to the customer about the findings of the investigation and the final decision.

6.3.3 Consequences of Abusive Warranty Claims

If an abusive warranty claim is determined, the Company reserves the right to take the following actions:

Rejection of the Claim: Refusal to cover the specific claim under the warranty terms.
Examination Charge: Imposition of a reasonable cost for the inspection and diagnosis process carried out.
Warranty Cancellation: Partial or total cancellation of the remaining warranty period for the specific product.
Refusal of Future Transactions: In cases of serious or repeated abuse, the right to refuse future transactions with the specific customer.
Legal Actions: In cases of attempted fraud or systematic abuse, the Company’s right to take legal actions to protect its interests.

6.3.4 Right of Objection

If the customer disagrees with the Company’s decision, they have the right to submit a written, reasoned objection within 10 days of the notification of the decision. The objection will be examined by a higher level of the Company or, if deemed necessary, by an independent expert.

6.3.5 Good Faith Handling of Legitimate Claims

Our Company confirms that all legitimate and good faith warranty claims will be examined carefully and will be satisfied according to the warranty terms and applicable legislation. The purpose of this policy is exclusively to protect against abusive and bad faith actions, and not to limit the legal rights of consumers.

7. INTELLECTUAL PROPERTY RIGHTS AND TRADEMARKS

7.1 Website Intellectual Property

All Content of the Website, including trademarks, logos, texts, graphics, images, photographs, designs, videos, and software, is the intellectual property of the Company or its licensors and is protected by Greek, European, and international laws on intellectual property and trademarks.

Reproduction, distribution, modification, transmission, reuse, publication, or exploitation of the Content for commercial purposes without the prior written consent of the Company is strictly prohibited.

7.2 Intellectual Property of Products and Constructions

7.2.1 Designs and Technical Specifications

All designs, technical specifications, construction details, methods, and production procedures related to our products, and especially to custom constructions, are the exclusive intellectual property of our Company. Specifically:

The designs of products and their components, whether presented on the Website or provided in any way to the customer, remain the exclusive property of the Company.

Technical specifications, detailed dimensions, characteristics, and construction methods constitute confidential information and intellectual property of the Company.

Designs created at the customer’s request for custom constructions, although incorporating the customer’s requirements, remain the intellectual property of the Company, unless otherwise agreed by explicit written agreement.

7.2.2 Know-how and Innovations

The know-how, innovative solutions, construction methods, and special techniques used for the production of our products are valuable assets of the Company and are protected by:

Intellectual property laws

Trade secret laws

Confidentiality agreements

Provisions on unfair competition

Customers are obligated not to disclose, share, or use this know-how for any purpose beyond the intended use of the products they have purchased.

7.2.3 Patents and Industrial Designs

Our Company holds various patents, industrial designs, and other industrial property rights related to our products, including photovoltaic systems, pellet and wood boilers, and automation systems. These rights are registered with the Industrial Property Organization (OBI) and/or corresponding European and international organizations.

Any copying, reproduction, modification, or exploitation of these patented technologies, without the written permission of the Company, constitutes a violation of intellectual property rights and is prosecuted criminally and civilly.

7.3 Customer Usage Rights

7.3.1 Scope of License

By purchasing a product from our Company, the customer acquires only the right to use the specific product for its intended purpose and not any intellectual property rights over its design, construction, or technology.

For custom constructions, although created based on customer specifications, the Company retains all intellectual property rights in the design, construction methods, and technical solutions developed, unless otherwise agreed by a special written agreement.

7.3.2 Restrictions

The customer is not allowed to:

Copy, reproduce, or make copies of our products

Modify the products without our written consent

Reverse engineer our products

Use the products as models for developing similar products

Remove or alter any marks, distinguishing features, or labels regarding intellectual property rights

Grant or transfer to third parties any technical designs, specifications, or other material provided to them

7.4 Customer Contribution to Design

In cases where the customer contributes ideas, designs, or specifications to the creation of a custom construction:

If these contributions concern exclusively the configuration or adaptation of existing designs and technologies of the Company, the relevant intellectual property rights remain with the Company.

If the customer provides original designs, special specifications, or innovative ideas that constitute their own intellectual property, the rights to these specific contributions remain with the customer, unless otherwise agreed.

In any case, the Company retains the rights to the know-how and methods used for the implementation of any custom construction.

7.5 Reporting Violations

If you discover any violation of our Company’s intellectual property rights, such as unauthorized copying of our products, reproduction of designs, or illegal use of trademarks, please inform us immediately via email at [email protected] or by phone at 2310808159.

7.6 Penalties for Violations

Our Company takes the protection of its intellectual property seriously and will take all necessary legal actions to protect its rights, including:

Civil claims for damages

Requests for injunctive relief

Criminal prosecutions in cases of intellectual property rights violations

Complaints to relevant supervisory authorities

8. PERSONAL DATA PROTECTION

The collection and processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms and is available in the Privacy Policy section.

By using our Website, you consent to the collection and processing of your personal data in accordance with our Privacy Policy and the General Data Protection Regulation (GDPR) of the European Union.

9. LIMITATION OF LIABILITY

9.1 Website Interruption

The Company makes every reasonable effort to ensure the continuous and uninterrupted operation of the Website. However, it does not guarantee that the Website will be available at all times without interruptions, delays, or defects.

We reserve the right to temporarily suspend the operation of the Website for maintenance, upgrade, or repair purposes, without prior notice.

9.2 Accuracy of Information

Although we make every effort to ensure the accuracy of the information provided on the Website, we cannot guarantee the completeness, accuracy, or timeliness of this information.

9.3 Limitation of Compensation

To the maximum extent permitted by applicable law, the Company is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Website or the Products purchased through it.

In any case, the total liability of the Company towards the User for any claim related to the use of the Website or the purchase of Products shall not exceed the amount paid by the User for the purchase of the specific Product.

9.4 Limitation of Liability for Third-Party Content

Our Website may contain links to third-party websites, incorporate third-party content, or provide information about third-party products and services. Regarding this content:

Links to third-party websites are provided only for your convenience and information. We do not control, approve, or adopt the content, policies, or practices of these websites.
We bear no responsibility for the accuracy, completeness, suitability, or legality of content provided by third parties, including products, services, advertisements, offers, or other information.
We do not guarantee that third-party websites are secure or free from viruses, malware, or other harmful elements.
Any transaction you make with third parties through links or references on our Website is exclusively between you and the third party. We bear no responsibility for any loss or damage that may arise from such transactions.
We reserve the right to remove links to third parties or third-party content from our Website at any time, without warning.
If you decide to visit any third-party website through a link from our Website, you do so at your own risk and are subject to the terms and conditions of use of those specific websites.

We recommend that you carefully read the terms of use and privacy policies of any third-party website before using it or before providing personal information.

If you discover problematic, illegal, or inappropriate content in a link on our Website, please inform us immediately so that we can take the necessary actions.

10. CHANGES TO TERMS OF USE

We reserve the right to modify, revise, or update these Terms at our absolute discretion and without prior notice. The changes will be effective from the moment of their publication on the Website.

Continued use of the Website after the publication of the modified Terms constitutes acceptance of the changes. It is recommended to regularly check the Terms for any changes.

11. APPLICABLE LAW AND JURISDICTION

These Terms are governed by and interpreted in accordance with Greek law. Any dispute arising from or related to these Terms is subject to the exclusive jurisdiction of the courts of Thessaloniki.

11.1 Applicable Law

These Terms are governed by and interpreted in accordance with Greek law. For users within the European Union, they additionally retain the rights provided to them by the legislation of their country of residence, provided that these are mandatory and cannot be contractually limited.

11.2 Jurisdiction

Any dispute arising from or related to these Terms is subject to the exclusive jurisdiction of the courts of Thessaloniki, subject to any mandatory law provisions that provide alternative jurisdiction to consumers residing in other EU member states.

11.3 Dispute Resolution and Arbitration

11.3.1 Escalating Dispute Resolution Procedure

In the event of any dispute or disagreement arising from or related to these Terms, including any dispute concerning the existence, validity, interpretation, performance, breach, or termination thereof, or the consequences of their invalidity, the parties agree to follow the following escalating dispute resolution procedure:

a) Amicable Settlement

At the first stage, the parties will make good faith efforts to amicably settle the dispute. The customer must initially communicate in writing with the Company, detailing the issue and their requests. The Company will respond within 15 days of receiving the communication, proposing a solution or explaining its position.

b) Mediation

If the dispute is not resolved through amicable settlement within 30 days of the initial communication, either party may propose submitting the dispute to mediation, in accordance with Law 4640/2019 on mediation in civil and commercial matters.

The mediation will be conducted by an accredited mediator from the official list of mediators of the Ministry of Justice, who will be selected by mutual agreement of the parties.

Each party will cover its own costs of participation in the mediation, while the mediator’s fee will be shared equally, unless otherwise agreed.

c) Arbitration

In the event that the dispute is not resolved through mediation within 60 days from the start of the mediation process, and before recourse to the ordinary courts, the parties agree to submit the dispute to arbitration, in accordance with the provisions of Article 867 et seq. of the Code of Civil Procedure.

11.3.2 Arbitration Rules

The arbitration procedure will be conducted according to the following rules:

a) Composition of the Arbitral Tribunal

The arbitral tribunal will consist of a single arbitrator for disputes with an economic subject matter up to 50,000 euros, or three arbitrators for disputes of greater economic subject matter.

In the case of a single-member arbitral tribunal, the arbitrator will be appointed by agreement of the parties. If the parties do not reach an agreement within 15 days from the proposal for arbitration, the arbitrator will be appointed by the competent department of the Thessaloniki Bar Association.

In the case of a three-member arbitral tribunal, each party will appoint one arbitrator, and these two arbitrators will appoint the third arbitrator who will act as the president of the arbitral tribunal.

b) Place of Arbitration

The arbitration will be conducted in Thessaloniki, Greece, at a venue agreed upon by the parties or designated by the arbitral tribunal.

c) Language of Arbitration

The arbitration will be conducted in the Greek language, unless the parties agree otherwise.

d) Applicable Law

The arbitral tribunal will apply Greek substantive law.

e) Confidentiality

The arbitration process, including all documents submitted or exchanged, testimonies, and the arbitral award, will be considered confidential and will not be disclosed to third parties, unless required for the execution or challenge of the arbitral award, or if required by law.

f) Timeline

The arbitral tribunal will make reasonable efforts to issue the arbitral award within six (6) months of its formation.

g) Expenses

The arbitral tribunal will decide on the allocation of arbitration costs in its award, taking into account the outcome of the dispute and other relevant factors.

11.3.3 Arbitral Award

The arbitral award will be final and binding on the parties, and the parties undertake to execute it without delay.

The arbitral award may be challenged only for the limited reasons provided in Articles 897-903 of the Code of Civil Procedure.

11.3.4 Judicial Protection

Despite the agreement for arbitration, each party retains the right to request interim or protective measures from the competent courts, if it considers that its interests are directly at stake.

Recourse to the ordinary courts for the resolution of the dispute is permitted only after the completion of the arbitration procedure, or in the event that the arbitration agreement is deemed invalid or unenforceable.

11.3.5 Exceptions from Arbitration

The following are exempt from mandatory submission to arbitration:

Disputes with an economic subject matter of less than 5,000 euros
Disputes concerning personal injury or death
Disputes for which applicable law prohibits mandatory arbitration

11.3.6 Validity of the Arbitration Agreement

This arbitration clause constitutes an independent agreement, separate from the other terms. The invalidity or nullity of other terms does not affect the validity of this arbitration agreement.

11.3.7 Online Dispute Resolution (ODR) Platform

For consumer disputes, according to EU Regulation No. 524/2013, customers residing in the European Union also have the right to use the European Commission’s Online Dispute Resolution (ODR) platform for the resolution of disputes related to online purchases. The ODR platform is available at: https://ec.europa.eu/consumers/odr/.

11.4 GDPR Compliance

Regarding the processing of personal data, the provisions of the General Data Protection Regulation (GDPR) and the relevant Greek Law 4624/2019 apply. More information is provided in our Privacy Policy.

11.5 E-Commerce Provisions

The operation of our website complies with the requirements of Presidential Decree 131/2003 on electronic commerce, as well as Law 2251/1994 on consumer protection, as amended and in force.

11.6 Severability of Terms

In the event that any of these Terms is deemed invalid, illegal, or unenforceable for any reason, this invalidity will not affect the validity and effectiveness of the remaining terms, which will remain in full force.

11.7 Statute of Limitations

Any claims arising from the use of our website are subject to the statute of limitations provided by Greek law, specifically the five-year statute of limitations for contractual claims according to Article 250 of the Civil Code, unless otherwise specified by special provisions.

12. CONTACT

For any questions, queries, or requests regarding these Terms or the operation of the Website, you can contact us at the following details:

AXINAR SA

Address: VIPA ORAIOKASTROU 57013 Thessaloniki

Phone: 2310808159

Email: [email protected]

13. FORCE MAJEURE CLAUSE

13.1 Definition of Force Majeure

“Force Majeure” means any unforeseen or unavoidable event that is beyond the reasonable control of the parties and which could not have been avoided even with the exercise of extreme diligence. Such events include, but are not limited to, pandemics, epidemics, natural disasters (such as earthquakes, floods, fires), armed conflicts, terrorist acts, embargoes, strikes, power or telecommunications outages, cyber-attacks, acts or omissions of public authorities, and generally any extraordinary circumstance that makes the fulfillment of contractual obligations extremely difficult or impossible.

13.2 Suspension of Obligations

In the event of a Force Majeure event, we will not be liable for any inability or delay in fulfilling our obligations arising from these Terms, for as long as this event and its consequences last. The contractual obligations affected by the Force Majeure event are suspended for the duration of the event, without creating a right to compensation for the user.

13.3 Notification

We will make reasonable efforts to inform you within a reasonable time about the occurrence of a Force Majeure event that affects the operation of the website or the provision of our services, as well as the estimated duration of the disruption, through an announcement on our website or by other appropriate means.

13.4 Alternative Measures

In the event of Force Majeure, we will make every reasonable effort to limit the consequences and to find alternative ways to fulfill our obligations. However, we cannot guarantee the uninterrupted operation of our services in such circumstances.

13.5 Extended Duration

In the event that a Force Majeure event lasts for a period longer than three (3) months, we reserve the right to modify, limit, or permanently discontinue certain services offered through our website, after informing you accordingly.

13.6 Prepaid Services

In the event that you have prepaid for specific services which cannot be provided due to a Force Majeure event, we will offer you, at our discretion, either an extension of the duration of the services for the corresponding time period, or credit for future use, or partial or full refund, depending on the nature of the service and the duration of the interruption.

13.7 Termination Due to Extended Force Majeure

Both we and you retain the right to terminate the contractual relationship governed by these Terms, without compensation, in the event that a Force Majeure event lasts for a period longer than six (6) months and makes it impossible to fulfill the essential contractual obligations.

14. FINAL PROVISIONS

14.1 Invalidity of Terms

If any term of these Terms is deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining terms remains unaffected.

14.2 Complete Agreement

These Terms, along with the Privacy Policy and any other terms expressly referred to herein, constitute the complete agreement between the User and the Company regarding the use of the Website and supersede any prior agreement.

14.3 No Waiver

14.3.1 Preservation of Rights

The Company’s failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Specifically:

No delay or omission on the part of the Company in exercising any right, power, or privilege arising from these Terms or from applicable law shall operate as a waiver of that right, power, or privilege.
The individual or partial exercise of any right, power, or privilege does not preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Failure to enforce compliance with any provision of these Terms in a specific case does not constitute a waiver of the Company’s right to enforce compliance with this provision in any other case.

14.3.2 Continued Validity of Terms

The provisions of these Terms remain in full force regardless of:

Any tolerance or leniency shown by the Company towards violations or omissions by the User/Customer.
Previous instances where the Company chose not to strictly enforce the Terms or to grant special exceptions to specific users.
Any informal or verbal agreement between the Company and the User/Customer that has not been formulated in writing and has not been officially incorporated into these Terms.

14.3.3 Requirement for Written Waiver

Any waiver of any right or provision of these Terms is valid only if:

It has been expressly agreed in writing

It bears the signature of an authorized representative of the Company

It specifically mentions the right or provision from which the Company is waiving and the exact circumstances under which the waiver applies

Oral statements, behaviors, or practices cannot in any case be interpreted as a waiver of any right or provision.

14.3.4 Limited Application of Waiver

In the event that the Company makes a written waiver of a specific right or provision of these Terms:

This waiver concerns exclusively and only the specific case and the specific circumstances mentioned in the waiver document.
It cannot be interpreted as a general waiver or as a waiver that applies to other cases, even similar ones.
It does not affect the validity and application of the remaining terms and provisions of the agreement.
It does not create a precedent nor does it oblige the Company to make similar waivers in the future.

14.3.5 Preservation of Rights Against Third Parties

Any waiver of the enforcement of a specific provision against a User/Customer:

Does not imply a waiver of the enforcement of the same provision against other Users/Customers.
Does not create a right for third parties to claim similar treatment or exception.
The Company reserves the right to apply and enforce these Terms at its absolute discretion and without warning, regardless of previous practices or instances of leniency.

14.4 Prohibition of Assignment

14.4.1 Prohibition of Assignment by the User/Customer

The rights and obligations of the User/Customer arising from these Terms of Use and from any transaction with our Company are strictly personal and non-transferable. Specifically:

The assignment, transfer, substitution, or in any other way transfer of any rights or obligations of the User/Customer arising from these Terms to any third natural or legal person is expressly prohibited without the prior written consent of our Company.
The rights to use the products acquired through the Website, especially for custom constructions and specialized products, are provided exclusively to the specific User/Customer who made the purchase and cannot be transferred or granted to third parties in any way.
Any warranties, special terms, membership privileges, or other benefits provided to the User/Customer by our Company are strictly personal and non-transferable to third parties, unless expressly provided otherwise.
In the case of an order on behalf of a third party, the User/Customer making the order remains exclusively responsible for all obligations arising from the transaction.

14.4.2 Assignment in the Case of Legal Entities

For Users/Customers who are legal entities:

In the event of a merger, acquisition, change of control, or other substantial change in the structure or ownership of the legal entity, immediate written notification to our Company is required.
Our Company reserves the right, upon such notification, to approve the continuation of the collaboration under the same terms, to require modification of the terms, or to terminate the collaboration, if it considers that the conditions of trust and reliability that existed at the conclusion of the original agreement are no longer met.

14.4.3 Special Cases and Assignment Requests

For special cases where the assignment of rights or obligations is deemed necessary, the following apply:

The User/Customer must submit a written request to our Company, which will detail:
- The nature and scope of the rights/obligations to be assigned
- The full details of the proposed assignee
- The reason for which the assignment is requested
The Company will examine the request and respond within a reasonable time (usually within 30 days).
Even in the event of approval of the assignment, the original User/Customer may remain jointly and severally liable with the assignee for the fulfillment of the obligations arising from these Terms.

14.4.4 Right of Assignment by the Company

Our Company reserves the right to assign, transfer, or in any other way transfer any of its rights and obligations arising from these Terms to:

Any affiliated company or subsidiary
Its successor in the event of a merger, acquisition, or sale of assets
A third party that undertakes the provision of the products or services covered by these Terms

In the event of such assignment, the Company will make reasonable efforts to inform Users/Customers through the Website or by other appropriate means.

14.4.5 Consequences of Violation

Any attempt at assignment in violation of the above is void and may lead to:

Immediate discontinuation of the provision of products or services
Termination of the User’s/Customer’s account
Legal actions to protect the interests of our Company
Claim for compensation for any damages caused by the unauthorized assignment

15. CONFIDENTIALITY FOR CUSTOM CONSTRUCTIONS

15.1 Definition of Confidential Information

In the context of custom constructions, “Confidential Information” is defined as:

Customer Information: Designs, technical specifications, models, prototypes, photographs, functionality requirements, architectural plans, ideas, innovations, and any other information provided by the customer to our Company for the implementation of custom constructions.
Company Information: Technical solutions, methodologies, construction procedures, suppliers, costings, timelines, and any other information disclosed by our Company to the customer during the design and production process of custom constructions.
Shared Information: The final designs, specifications, and details of the custom construction resulting from the collaboration of the two parties, including documents, files, and communications created during the collaboration.

15.2 Company’s Confidentiality Obligations

Our Company undertakes:

To use the customer’s Confidential Information exclusively for the purposes of the specific custom construction and not for any other purpose without the prior written consent of the customer.
Not to disclose the customer’s Confidential Information to third parties, except to its employees, associates, or subcontractors who need to know them for the execution of the construction, and who are bound by corresponding confidentiality obligations.
To take reasonable security measures, at least equivalent to those it uses to protect its own Confidential Information, to prevent unauthorized access, use, or disclosure of the customer’s Confidential Information.
To return or destroy, at the customer’s request, all of the customer’s Confidential Information, including any copies, after the completion of the construction or the termination of the collaboration, subject to the Company’s right to retain records for legal and administrative purposes.

15.3 Customer’s Confidentiality Obligations

The customer undertakes:

Not to disclose to third parties the Company’s Confidential Information, including technical solutions, construction methods, and specifications developed specifically for the customer’s custom construction.
Not to use the Company’s Confidential Information to compete with the Company, to reproduce similar constructions through third parties, or for any purpose other than the use of the specific custom construction.
To immediately inform the Company in the event that any unauthorized use or disclosure of Confidential Information comes to their knowledge.

15.4 Joint Ownership and Restrictions on Use

For the designs and specifications resulting from the collaboration of the two parties (Shared Information):

The Company and the customer agree that the intellectual property of this information is regulated in accordance with Section 7 of these Terms (Intellectual Property Rights and Trademarks).
The Company retains the right to use general ideas, concepts, techniques, and know-how developed or acquired during the implementation of custom constructions, provided that specific Confidential Information of the customer is not disclosed.
The customer retains the right to use the custom construction for the purposes for which it was intended, but does not acquire rights to the methods, techniques, or know-how of the Company.

15.5 Exceptions to the Obligation of Confidentiality

The confidentiality obligations do not apply to information that:

Was already known to the receiving party without an obligation of confidentiality before its disclosure.
Is or becomes publicly available without fault of the receiving party.
Is lawfully received from a third party without an obligation of confidentiality.
Is independently developed by the receiving party.
Is required to be disclosed by law, court order, or other governmental or regulatory order, provided that the receiving party promptly notifies the other party (to the extent permitted) and reasonably cooperates to protect the information.

15.6 Duration of Confidentiality Obligations

The confidentiality obligations remain in force throughout the duration of the collaboration for the implementation of the custom construction and for a period of five (5) years after the completion of the collaboration or the delivery of the construction, whichever occurs later.
Specifically for information that constitutes trade secrets, the confidentiality obligations are maintained for as long as this information remains trade secrets.

15.7 Damages and Remedies

The parties acknowledge that breach of confidentiality obligations may cause irreparable harm, for which monetary damages may not constitute adequate compensation.
In the event of actual or threatened breach, the injured party has the right, in addition to all other available remedies, to seek the issuance of injunctive relief, specific performance, or other reasonable judicial protection, without the obligation to provide security or proof of damage.

15.8 Return or Destruction of Confidential Information

Upon expiration or termination of the collaboration, or upon written request of either party, the other party will immediately return or destroy (with written certification) all copies of Confidential Information in its possession.
Each party may, however, retain a copy of Confidential Information for compliance with its legal, regulatory, or professional obligations or as part of standard backup procedures, provided that the confidentiality obligations are maintained.

15.9 General Provisions

This section on confidentiality constitutes a complete agreement between the parties regarding the confidentiality of information for custom constructions.
No modification of this section will be binding unless made in writing and signed by an authorized representative of each party.
In the event of a conflict between this section and any other confidentiality agreement between the parties, the provisions that provide the highest level of protection for Confidential Information will prevail.

Last updated: 14/05/2025

Clarification for International Customers

1. Orders from Abroad

Our company accepts orders from international customers. However, please take note of the following information regarding international orders:

1. Product Availability

Some products may not be available for shipping to certain countries due to export restrictions, local regulations, or other legal limitations. We reserve the right to refuse or cancel orders if we are unable to supply the products to the destination country.

1.2 Delivery Times

Delivery times for international orders are generally longer than domestic ones and may range from 7 to 30 working days depending on the destination, the selected shipping method, and customs clearance procedures. Delays due to customs processes are beyond our control.

2. Duties, Taxes, and Additional Charges

2.1 Customer Responsibility

The customer is solely responsible for paying all import duties, taxes, customs clearance fees, and other local charges imposed by the destination country. These charges are not included in the product purchase price or the shipping costs shown during checkout.

2.2 Charge Estimates

While we strive to provide estimates for potential duties and taxes, these are indicative only and we cannot guarantee their accuracy. Actual charges are determined by the customs authorities of the destination country upon shipment arrival.

2.3 VAT (Value Added Tax)

For orders within the European Union, VAT is included in the final price. For orders outside the EU, VAT or similar sales taxes may be imposed by the destination country and are the responsibility of the recipient.

2.4 Refusal Due to Duties

If the customer refuses to pay the required duties and taxes, resulting in the return of the order, we reserve the right to withhold shipping and return costs from the refund amount.

3. Currency and Payment Methods

3.1 Transaction Currency

All prices on our website are displayed in Euros (€). For international customers, the charge will be in Euros, and currency conversion will be handled by the customer’s bank or credit card provider based on the current exchange rate and any applicable conversion fees.

3.2 Accepted Payment Methods

We accept international credit and debit cards (Visa, Mastercard, American Express) as well as PayPal for international transactions. Some payment methods may not be available in all countries.

4. Returns and Replacements for International Orders

4.1 Return Policy

Our general return policy also applies to international customers, with the following additional clarifications:

The return period is 14 calendar days from receipt of the product.
The customer is responsible for return shipping costs unless the product is defective or was shipped in error.
Duties, taxes, and customs fees paid for the original shipment are non-refundable by our company.

4.2 Return Procedure

To return a product, international customers must first contact our customer service via email at [email protected] to receive instructions and a Return Merchandise Authorization (RMA) code. Products returned without prior approval may be rejected.

4.3 Replacement of Defective Products

If a product is defective, we will cover shipping costs for the return and replacement. However, customers may be required to pay duties and taxes again for the replacement item, depending on local regulations.

5. Governing Law and Dispute Resolution

5.1 Governing Law

All transactions with international customers are governed by the laws of the Hellenic Republic, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) applies unless expressly excluded.

5.2 Jurisdiction

In case of any disagreement or dispute arising from or in relation to your order, both parties shall make every effort to resolve the issue amicably through negotiation. If no resolution is reached, the courts of Thessaloniki, Greece shall have exclusive jurisdiction.

5.3 Online Dispute Resolution (ODR)

According to EU Regulation No. 524/2013, customers residing in the European Union have the right to use the European Commission’s Online Dispute Resolution (ODR) platform for resolving disputes related to online purchases.

6. Compliance with Local Regulations

6.1 Customer Responsibility

International customers are responsible for ensuring that the products they purchase from our company comply with the local laws and regulations of their country. We are not liable for products that may violate local import restrictions or other regulations.

6.2 Import Restrictions

Some products may be subject to import restrictions or prohibited in certain countries. It is the customer’s responsibility to confirm that the products can be legally imported into the destination country before placing an order.

7. Data Protection and GDPR

7.1 International Data Transfer

To process international orders, we may transfer personal data to third countries outside the European Economic Area (EEA). In such cases, we ensure appropriate safeguards are in place in accordance with the General Data Protection Regulation (GDPR).

7.2 Rights of International Customers
International customers have the same rights as EEA customers regarding the processing of their personal data, including the rights to access, correct, delete, and transfer their data, in accordance with our Privacy Policy.

8. Language and Communication

8.1 Official Language
Greek and English are the official languages for these terms and conditions. In case of a discrepancy between the Greek and English versions, the Greek version shall prevail.

8.2 Customer Support

We provide support to our international customers in Greek and English. Customer service is available via email and phone during business hours (Monday–Friday, 9:00–17:00 Greek time).

9. Amendments to Terms

We reserve the right to amend these terms and conditions for international customers at any time. Any changes will be posted on our website and will take effect immediately upon publication. We recommend that international customers regularly review these terms for updates.

By completing an order on our website, international customers accept and agree to the above terms and conditions.

Last updated: 14/05/2025

Clarification for International Customers & Warranty Terms

Clarification for International Customers

1. Orders from Abroad

Our company accepts orders from international customers. However, please take note of the following information regarding international orders:

1. Product Availability

1. Delivery Times

2. Duties, Taxes, and Additional Charges

2.1 Customer Responsibility

2.2 Charge Estimates

2.3 VAT (Value Added Tax)

2.4 Refusal Due to Duties

If the customer refuses to pay the required duties and taxes, resulting in the return of the order, we reserve the right to withhold shipping and return costs from the refund amount.

3. Currency and Payment Methods

3.1 Transaction Currency

3.2 Accepted Payment Methods

We accept international credit and debit cards (Visa, Mastercard, American Express) as well as PayPal for international transactions. Some payment methods may not be available in all countries.

4. Returns and Replacements for International Orders

4.1 Return Policy

Our general return policy also applies to international customers, with the following additional clarifications:

The return period is 14 calendar days from receipt of the product.
The customer is responsible for return shipping costs unless the product is defective or was shipped in error.
Duties, taxes, and customs fees paid for the original shipment are non-refundable by our company.

4.2 Return Procedure

To return a product, international customers must first contact our customer service via email at [email protected] to receive instructions and a Return Merchandise Authorization (RMA) code. Products returned without prior approval may be rejected.

4.3 Replacement of Defective Products

5. Governing Law and Dispute Resolution

5.1 Governing Law

5.2 Jurisdiction

5.3 Online Dispute Resolution (ODR)

6. Compliance with Local Regulations

6.1 Customer Responsibility

6.2 Import Restrictions

7. Data Protection and GDPR

7.1 International Data Transfer

7.2 Rights of International Customers

International customers have the same rights as EEA customers regarding the processing of their personal data, including the rights to access, correct, delete, and transfer their data, in accordance with our Privacy Policy.

8. Language and Communication

8.1 Official Language

Greek and English are the official languages for these terms and conditions. In case of a discrepancy between the Greek and English versions, the Greek version shall prevail.

8.2 Customer Support

We provide support to our international customers in Greek and English. Customer service is available via email and phone during business hours (Monday–Friday, 9:00–17:00 Greek time).

9. Amendments to Terms

By completing an order on our website, international customers accept and agree to the above terms and conditions.

Last updated: 14/05/2025