Thank you for choosing the products and services of Synelixis SA. These Terms and Conditions of Sale and Use (hereinafter referred to as “Terms“) set out below define the use of our services and products and constitute an Agreement between You, the Consumer, and Synelixis SA, the Company. By using the services and products of Synelixis SA, you agree to these terms and conditions in total and are legally bound by them. Please, read them carefully.
- Company: Synelixis SA
- Consumer: any person, firm, company or other legal entity which places an order, or purchases Products or Services from Synelixis SA
- Products: the hardware devices developed, manufactured and/or marketed by Synelixis SA
- Services: the software programs and upgrades, solutions and services developed and marketed by Synelixis SA
2. Offer and Order
- Offers are valid for thirty (30) calendar days from the day in which they were communicated to the Consumer. Beyond that date they are not binding for the Company.
- The Company will confirm all orders by email or phone call, or will inform the Consumer by same means of any circumstance avoiding or delaying shipment.
- The Consumer is responsible for ensuring that the terms of any order are complete and accurate.
- Orders cannot be cancelled after the shipment of the product(s).
3. Pricing and Payment
- All prices are expressed in Euro currency, except if otherwise mentioned.
- The Company is entitled to modify prices at any time without prior notice. Valid prices are those published at the time of placing an order.
- Prices are quoted exclusive of VAT or other sales taxes, which shall be additionally charged when applicable.
- Shipping costs are charged per case. The same applies for possible installation costs.
- The Company will not assume any liability concerning customs clearance requirements in the country of destination.
- Payment is executed by wire transfer. A down payment may be requested.
- All sums payable in respect of the Products and Services must be paid in full within 15 calendar days from the date on which the (proforma) invoice was raised.
- Failure by the Consumer to complete payment by the due date will entitle the Company to suspend delivery of all unexecuted or future orders of Products and Services including any subscription-based Services the Consumer may enjoy.
4. Delivery, Shipping and Installation
- Τhe Consumer is responsible of receiving the shipment and giving the Company adequate delivery instructions for shipping.
- Delivery time will start running after reception by the Company of the full price of an order.
- The Company may deliver the Products by instalments, which may be invoiced separately. Any delay in delivery of an installment shall not entitle the Consumer to cancel any other instalment.
- Under no circumstance shall the Company be considered responsible for any delay in delivery due to the carrier’s or other third parties’ failure.
- Products shipped by the Company do not include shipping insurance.
- The risk of loss or damage to the Products passes to the Consumer upon delivery to the Consumer’s premises or collection by the Consumer.
- Where installation of equipment is part of the agreement with the Consumer, the latter will ensure that the installation site is clear and ready for such an act. Should the site not be ready as has been previously communicated, the Company reserves the right to charge any reasonable costs incurred.
5. Limited Warranty, Disclaimers and Liability
- The Products are covered by a 24 months warranty. If within the warranty period You notify in writing the Company of errors or malfunctions that result in the Product(s) not operating as expected, the Company will contact You to communicate how this issue can be resolved (e.g. replacement of equipment, upgrade of subscription package at no extra cost, or refund) as befits the situation.
- The following procedure shall apply to any non-conformity notified to the Company within the Warranty Period:
- You shall report any alleged non-conformity to the Company
- If the claim is admitted, the Company shall notify its acceptance to You and shall choose, at our discretion, either to replace or amend the non-conforming Product at no additional cost to You
- If the Product is found upon examination by the Company to be defective, the Company will bear shipping costs incurred in returning the Product to You. If the Product is found upon examination by the Company to be conforming, You will bear any shipping costs incurred in returning the Product
- The warranty does not apply:
- if the error or malfunction is due to a modification of the Product by You
- if the error or malfunction is due to the use of the Product in a different way from the one described in its manual
- if the error or malfunction of the Product or Service is due to a force majeure event as outlined in the corresponding section of these Terms
- if the error or malfunction of the Product or Service is due to the use of hardware not defined by the Company as compatible with the Product(s)
- beyond its termination
- The Company guarantees that if the Product(s) are used appropriately, they will operate in accordance with the functions described in the user manual accompanying the equipment. You are responsible and obliged to install the equipment in accordance with the instructions provided in the manual and regularly check its functional adequacy. The installation and regular maintenance and supervision of your equipment are not within the Company’s obligations.
- The Company is liable for foreseeable losses or damages You may suffer in the event of failure from our part to comply with these Terms or due to our own negligence but will not be held liable for unforeseen losses or damages. Losses or damages are foreseeable if they are the obvious consequence of our default or if they are specified in writing by You and the Company at the time of the sales’ agreement.
- To the fullest extent permitted by applicable law, there is no liability whatsoever for the Company for any special, incidental, indirect or consequential damages or for negative profits, lost profits, or any other damages (including lost data, interruption of professional activity, physical injury or loss of privacy) related in any way to the use or inability to use our Products and Services.
- Nothing contained in these Terms will affect the statutory rights that You always have as a consumer and which You cannot under any contract agree or abnegate.
- Nothing in these Terms excludes or limits the liability of the Company for losses that cannot legally be excluded or restricted under the applicable law. Under this condition, the Company is not liable to You for:
- any indirect or consequential loss You may have suffered. The above includes any loss of profit (either direct or indirect), any loss of clientele or business reputation or loss of data You may have suffered,
- any loss or damage You may have suffered as a result of:
- any changes to its Services that the Company may make or any permanent or temporary suspension of the provision of its Services (or any items within its services)
- deletion, deterioration, or failure of storage of any content and other communication data that are maintained or transmitted by or through the use of the Services by You
- In the event of Service interruption or reduced Service performance due to our negligence, You will have to notify the Company in writing and the Company will reply on how the issue can best be resolved. This obligation exists only if You communicate the matter to the Company in writing and immediately, but no later than two weeks after it comes to Your notice.
- The above limitations of the Company’s liability to You will apply irrespective of whether the Company had been informed or ought to have been aware of the probability that such losses may arise.
6. Force majeure events
- The Company shall not be liable for errors or malfunctions or reduced performance of its Products under these Terms, or for any failure or delay in execution of a work, that is wholly or partly due to a force majeure event. The following are considered as force majeure events:
- utility error (including power supply),
- Internet connection error,
- error of public or private telecommunication networks or error of information technology networks,
- strike or other labor turmoil,
- hostilities or terrorist acts,
- denial of service attacks or other IT attacks or violations that affect the Company,
- natural disasters,
- any other cause beyond the reasonable control of the Company.
- In case of error caused by a force majeure event which affects the performance of the obligations of the Company under these Terms, the Company’s liabilities under these terms are suspended and the time for the performance of its obligations is extended for the duration of the force majeure event. The Company will make every effort to find a solution by which all its obligations under these Terms can be attributed despite the force majeure event.
- The Consumer reserves the right to return any equipment purchased from the Company, without having to announce the reason as to why they wish to return it, within fourteen (14) calendar days from the receipt of the products.
- In order for a return to be accepted, the returned part of the equipment should not have been used, it should be in perfect condition just as it was when purchased, its value should not have been reduced and it should be in its original packaging accompanied by the Invoice.
- If the return is accepted, the Company is obliged to refund the returned products in full. The shipping of the returned products is at the Consumer’s expense.
8. Intellectual Property Rights
- All intellectual property rights of the Product(s) are owned by the Company and are protected by law, including the applicable copyright, trade, patent, and trademark laws. You may not remove or obscure any product designation the Product(s) may carry. Your ownership, installation, and use of the Company’s Products and Services do not entitle You with rights or ownership of any intellectual property on them. The Company retains all rights on its Products and Services, including all relevant copyrights, patents, trade secrets, trademarks, and other intellectual property rights.
- Any design, source code logo, trademark, trade name or symbol in the Company´s websites belong to the Company, or its suppliers or partners and are protected under the corresponding intellectual property regulations. Any use, reproduction, distribution, broadcasting, public disclosure, transformation or any other similar activity is prohibited without the Company´s or their owners´ prior written consent.
- The Consumer guarantees and undertakes towards the Company that they shall not:
- reproduce, copy, duplicate, transmit, publish, display, distribute, (sub)license, or sell any Product or Service subject to the Company’s Intellectual Property Rights or any material from the Company websites
- make adaptations or variations of or modify any of the Products or any other software or materials subject to the Company’s Intellectual Property Rights
- replicate, duplicate, disassemble, decompile, reverse translate, reverse engineer or in any other manner decode any of the Company’s Products and Services, software or other materials subject to the Company’s Intellectual Property Rights.
9. Protection of Personal Data and Confidentiality
- In the course of providing the Services, the Company collects data about the Consumer and the Consumer’s operations. This data is used to deliver and improve the Services provided by the Company. The Company will not use this information in a personally identifiable form unless it is to the extent necessary to improve the use of the Services and of the support services and only if it has been explicitly requested by the Consumer.
10. Binding Arbitration Agreement and Resignation from Exercising Collective Action
- In the event of a dispute, the Consumer must provide the Company with a written statement that includes the name, address and contact details of the party providing it, the facts giving rise to the dispute and the remedial measures requested. “Dispute” means any dispute, lawsuit or other confrontation, regardless of the reason or reasons of action (including in addition to any other possible cause of action or legal basis, breach of contract, fraud and breach of law or regulation).
- All procedures for resolving or hearing a dispute in any court will be conducted solely on an individual basis. The Consumer will not seek to discuss any dispute in a group action, any action brought by an individual in the public interest or another procedure in which one of the parties acts or intends to act as a representative of others. Arbitration or other proceedings will not be adjudicated without the prior written consent of all parties for all relevant arbitration or proceedings.
- You agree that in the event that Your action causes damage in any way to the Company, You will be liable to indemnify it, and that You will intervene in favor of the Company or against any claim made against the Company, including attorney’s fees and any costs arising from the above unlawful or against the Terms action from your part. You agree that in any case of unlawful action or action against these Terms and the applicable legal framework governing the use of the Products and Services, You will indemnify the Company for any potential damage loss inducing damage that may be caused by this particular action.
12. Other important terms
- The Company reserves the right to transfer its rights and obligations under these Terms to another organization, but, this does not affect the Consumer’s rights or obligations as set out in these Terms.
- Any relationship the Consumer creates or attempts to create with a Company partner (any third party outside the Consumer and the Company from where the Consumer is supplied with Synelixis’ equipment and services) is exclusively between the Consumer and the Company partner, not the Company.
- The Consumer is not allowed to copy, personally identify or disclose contact information of an employee of the Company without his/her consent.
- These Terms, their content and their formulation are subject to Greek and European law. Each of the Terms applies separately. If any court or competent authority decides that any of the terms is unlawful or not enforceable, that term shall be deemed to be separable insofar as it is unlawful or not enforceable, without prejudice to the validity of the rest of the terms that remain in full force and effect.
- These Terms were initially drafted in the Greek language. Although the Company may provide one or more translated versions of the Terms for your convenience, the Greek version of these Terms will prevail in the event of conflict or inconsistency.
- It is possible that using the Services the Consumer may be redirected to other sites that are not under the control of the Company. The Company bears no responsibility for the content or the nature of the content displayed on these sites.
- The Company reserves the right to modify the current Terms at any time.
10 Farmakidou Street,
Last Update: October 2019.