1. GENERAL
1.1 These general terms and conditions of sale apply and are binding for every sales contract involving goods of “V. KAFKAS S.A.”, whether concluded in Greece or abroad. The mere submission of an order to “V. KAFKAS S.A.” automatically constitutes full and unconditional acceptance of these general terms by the “Customer”. “V. KAFKAS S.A.” is in no case bound by any additional or contradictory terms imposed by the “Customer”.
1.2 All printed documents from the computerized system of “V. KAFKAS S.A.” (such as order confirmations, account movement slips, reminders of debts) are valid and binding even if they do not bear a stamp or signature.
1.3 The “Customer’s” debt to “V. KAFKAS S.A.” is evidenced by an excerpt issued by “V. KAFKAS S.A.” from its commercial books, which will show the movement of the “Customer’s” account and the total amount owed. The “Customer” acknowledges the full evidentiary value of these excerpts and copies from the company’s commercial books. These excerpts or copies will be issued by an authorized employee or representative of “V. KAFKAS S.A.” and the “Customer” acknowledges that they constitute full written proof of “V. KAFKAS S.A.’s” claims, although the “Customer” may provide evidence to the contrary.
1.4 In case the “Customer” refuses to purchase goods that were designed and manufactured for the “Customer” based on a special order, “V. KAFKAS S.A.” has the right to withhold the advance payment made by the “Customer” for the specific special order.
2. PRICE
2.1 The price list of products sold by “V. KAFKAS S.A.” is subject to unilateral amendments by the company without any obligation of prior notification.
2.2 For orders where no price has been agreed in advance, the current prices from the “V. KAFKAS S.A.” price list at the time of delivery apply.
3. PAYMENT TERMS
3.1 “Customer” accounts with “V. KAFKAS S.A.” must be settled based on a specific agreement, which is concluded in writing at the beginning of the cooperation.
3.2 All payments are made exclusively in cash, by bank deposit or wire transfer to a bank account indicated by “V. KAFKAS S.A.”, or by bank cheques. Bills of exchange and promissory notes are not an appropriate form of payment and, as such, are generally not accepted.
3.3 “V. KAFKAS S.A.” has the right to suspend or refuse the shipment of goods to the “Customer” if the agreed payments are not adhered to by the due date, with the “Customer” waiving any right to claim compensation for such actions.
3.4 In case of delayed payment, interest for overdue payment will be calculated based on the legal interest rate, as defined by the competent authorities (e.g., according to applicable P.D.T.E. or P.Y.S.).
3.5 If the “Customer” makes an early payment, “V. KAFKAS S.A.” may, at its sole discretion, provide a special discount based on the company’s current discount scale.
3.6 All documents issued by “V. KAFKAS S.A.” on behalf of the “Customer” (e.g., invoices and delivery notes) must bear the signature and the full name of the authorized person who is legally entitled to sign them, as well as the stamp of the legal entity or the union of persons or the business under which they are issued. In case the goods are received by a third party designated by the “Customer” or acting within the “Customer’s” business or at a delivery or pickup location indicated by the “Customer”, the signature of the third-party recipient, even without following the above formalities (e.g., writing out the full name, stamp), will be considered as having been provided by a person with the appropriate authority and proxy of the “Customer”.
3.7 For payments made by the “Customer” via bank deposit or wire transfer, any transaction fees are to be borne by the “Customer”.
4. RETENTION OF TITLE
4.1 “V. KAFKAS S.A.” retains ownership of all sold and delivered goods, products, and materials until the “Customer” has fully and completely paid the agreed price, including any additional contractual amounts, costs, and expenses (such as transport fees, taxes, duties, customs clearance, etc.). The “Customer” is obliged to take all necessary measures to ensure the identity of the goods remains identifiable as originating from “V. KAFKAS S.A.” so that they can be retrieved by “V. KAFKAS S.A.” in the case of non-payment of the price and any associated costs.
4.2 In case of a breach by the “Customer”, especially in the event of delayed payment, “V. KAFKAS S.A.” retains the right to take back the goods, exercising its rights from ownership, without the need to formally rescind the contract. Rescinding the sale of any goods will only be considered completed if those goods are retrieved by “V. KAFKAS S.A.”.
5. ORDERS – DELIVERY
5.1 Orders for goods by the “Customer” must be submitted to “V. KAFKAS S.A.” by any approved communication medium (fax, telex, email). Orders are subject to the explicit acceptance of “V. KAFKAS S.A.”.
5.2 The terms of delivery are indicative and not binding. The goods are delivered to the address specified by the “Customer”, with transportation and risk borne by the “Customer”.
5.3 Any mentioned delivery dates are not binding unless otherwise explicitly agreed.
5.4 The goods are delivered from the “V. KAFKAS S.A.” warehouse to the address provided by the “Customer”, which will be indicated on the issued documents. The specified address cannot be changed once the goods are en route to their destination.
5.5 In case the “Customer” fails to meet their obligations or does not cooperate with “V. KAFKAS S.A.” to fulfill the contract (e.g., refusal to accept delivery), “V. KAFKAS S.A.” has the right to withdraw from the execution of the part of the order that has not been completed.
5.6 For goods not manufactured by “V. KAFKAS S.A.”, the company is only responsible for timely and proper delivery if the delay or improper delivery is due to its fault.
5.7 It is possible to agree on storage of materials ordered by the “Customer” at “V. KAFKAS S.A.” warehouses for up to fifteen (15) days.
5.8 “V. KAFKAS S.A.” is not liable for any delays, inability, or improper execution of its contractual obligations due to force majeure events, such as government actions, natural disasters, strikes, or any other unforeseeable events beyond its control.
6. RETURNS OF GOODS
6.1 Returns of goods are only accepted following prior agreement with “V. KAFKAS S.A.” and exclusively within one month from the date of purchase.
6.2 All returned goods must be in the same condition as when they were purchased.
6.3 “V. KAFKAS S.A.” does not accept returns of goods ordered specifically from abroad upon the “Customer’s” request.
6.4 Returned goods purchased by businesses must be accompanied by a Return Delivery Note. Private customers must present a proof of purchase.
6.5 Shipping costs for returns are borne entirely by the “Customer”.
7. WARRANTIES
7.1 Warranties provided by our suppliers through declarations of guarantee, advertisements, or other documents concerning the product are not binding on “V. KAFKAS S.A.”. They are binding solely on the supplier who provided the warranty.
7.2 If the delivered goods have a defect or lack a specified characteristic, “V. KAFKAS S.A.” has the right, at its discretion and within a reasonable time, to either rectify the defect or replace the goods entirely at no additional cost to the “Customer”.
8. LIABILITY
8.1 “V. KAFKAS S.A.” is only liable to the “Customer” for direct and unforeseeable damages in cases of gross negligence by its officers, employees, or assistants.
8.2 “V. KAFKAS S.A.” is not liable to the “Customer” or any third party (e.g., employees, assistants) for damages related to injury, health, or life caused by improper, unsuitable, or incorrect installation, connection, or assembly of the products.
9. JURISDICTION – EXTENSION OF COMPETENCE – APPLICABLE LAW
Any dispute, controversy, or disagreement related to the execution and/or interpretation of this sales contract that may arise between the parties shall be governed by Greek law and shall be subject to the exclusive jurisdiction of the competent Courts of Athens.
10. PARTIAL INVALIDITY
In the event that any of these general terms is deemed invalid for any reason, the remaining terms shall continue to be in full force and effect as if the invalid term had not been included. Any failure by the “Company” to exercise any of its aforementioned rights shall in no case be interpreted or considered as a modification of these general terms or as a waiver of its rights provided herein.
