GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions shall govern all business transactions between the parties unless otherwise agreed in writing. The placing of an order implies that the buyer has irrevocably accepted these present terms and conditions.
2. Order and confirmation
Orders made to Sandra SA (hereinafter in these terms referred to as "SANDRA") and/or to any authorized representative shall be confirmed by e-mail, unless there are reasonable grounds for non-confirmation. Any agreement shall only be binding when SANDRA sends an order confirmation after receipt of the buyer's order. The order confirmation shall be binding for the buyer, unless he/she raises any objections in writing within the day following the date on which the order confirmation was received. Therefore, SANDRA shall not be held liable for any errors in the order confirmation. In case the buyer cancels the order, he/she will be automatically charged with a cancellation fee of thirty percent (30%) on the amount of the order.
3. Minimum orders
Terms and time of delivery: Each buyer's first purchase order shall have a value of at least eight hundred (800) Euros + VAT. Delivery shall be made from SANDRA's logistics warehouse in Greece, and risk for the products shall pass to the buyer at time of delivery to the carrier, even if carrier is arranged and/or selected by SANDRA. Partial delivery of an order is allowed at the discretion of SANDRA and in this case goods of the order may be invoiced either partially or wholly. Title to the goods shall pass to the buyer only after full and unconditional payment of price, taxes, levies, expenses, including any interest and any costs as well as any other amount payable to SANDRA. Cost for freight and insurance shall be borne by the customer. Furthermore, Incoterms ex-works gate terms and conditions shall apply.
4. Prices and payments
SANDRA shall invoice the buyer directly and at the prices which shall be stated in the offer. All prices shall be in Euros excluding VAT, carriage, duties, taxes and any other charges or levies. Prices for goods already ordered may only be amended by SANDRA with a ten (10) days written notification to the buyer, if there is an amendment in purchase prices, exchange rates, carriage, duties, taxes, levies or other relevant burdens. In these cases SANDRA may, alternatively, cancel the order at its discretion. All pre–invoices shall be paid in full in cash (euros) in advance before shipment, to the following bank account, and a copy of the payment receipt shall be sent by fax or email to SANDRA by the buyer: Bank: EUROBANK Bank account holder : Sandra SA Iban: GR4102602200000900200640346 BIC code : ERBKGRAA
5. Delay in delivery
If a fixed time of delivery has been agreed in writing and there is a delay in delivery of more than thirty (30) working days due to SANDRA's liability, which causes material inconvenience to the buyer, then the buyer shall be entitled to submit a written request for delivery within a new reasonable time period, which shall not be less than thirty (30) working days. If SANDRA fails to deliver within the second delivery time period, then the buyer shall have the right to cancel the whole order within three (3) days from the end of the second delivery time period. SANDRA's liability, if any, for any delay, shall always be limited to the amount of the total value of the goods delivered with delay. For the purposes of calculating the above time periods, any days of delay attributable to force majeure shall be excluded.
6. Liability for defects
Immediately upon delivery of any goods, the buyer shall examine the goods properly and thoroughly, and shall submit to SANDRA in writing not later than fourteen (14) days after delivery date and complaints regarding material defects of the goods or lack of any agreed characteristic. In this case SANDRA shall assess the significance of the complaint and shall, at its discretion, either deliver to the buyer an equivalent similar new product within a reasonable deadline or credit the amount of the reported goods to the buyer for future orders to be made by the buyer within the next two (2) months, and SANDRA's liability for these goods is limited only to either of the above (e.g. delivery of the equivalent or credit of goods value amount for future orders). The buyer shall have no right to return any goods to SANDRA, unless there is an express prior written consent by SANDRA and value of goods returned cannot be credited to the buyer. If no complaint is submitted within the above 14-day period, then the buyer shall have no rights against SANDRA regarding any goods. If the buyer submits a complaint for a defect or lack of a characteristic, which is not material or is not attributable to SANDRA's liability, then the buyer shall reimburse any costs, e.g. lawyers' fees, incurred by SANDRA in this respect.
7. Limitation of liability
SANDRA's liability regarding any goods shall only be limited in any case and for any reason whatsoever to the value of the goods in question, as this value is calculated in the relevant invoice. Any advice claimed to have been provided by SANDRA regarding the goods or their purchase shall be deemed to be for guidance only, and SANDRA shall assume no liability in this respect. SANDRA cannot be held liable and assumes no responsibility for the suitability of any goods for any specific purpose or for the compatibility of any goods or their labelling or packaging or any other element regarding any goods to any laws or regulations applicable in any territory of the buyer or in any other territory, in which the buyer intends to forward the goods for any reason, or for any errors and/or omissions in any catalogue, brochure or other printed material or for any misinterpretation of any information. The buyer shall be solely responsible for ensuring that all laws and/or regulations applicable from time to time will be followed regarding the goods, as well as their labelling and packaging or indications to appear on the goods or any other issue regarding the goods. In no event shall SANDRA be liable for operating loss, loss of profit or any other indirect or future loss or negative damages for any reason whatsoever.
8. Force Majeure
SANDRA shall not be liable for defects, delay or any other damage caused by circumstances which SANDRA ought not to have expected, including but not limited to acts of war, terrorism, malicious damage, fire, blockades, mobilization, import and/or export restrictions or delays, political unrest, strike, lockout, labor shortage or shortage of goods, strikes, acts of a state or any other public authority, unusual natural events etc. or any circumstances of force majeure.
9. Sandra's intellectual and industrial property rights
The buyer hereby expressly and unconditionally acknowledges and declares that any and all intellectual and industrial property rights regarding Sophia trademark, trade name, design, concept or any other distinctive characteristics similar to any of the above belong exclusively to SANDRA, and that the buyer shall only have the right to use any of the above, after SANDRA's prior express written license. The buyer shall not without SANDRA's prior express written consent alter the labeling or packaging of any of the goods or make any addition to any goods, or alter, deface or remove in any manner any reference to the TradeMarks or the trade name or any other distinctive characteristics.
Goods provided by SANDRA cannot be sold or offered on websites such as eBay, Trendsales, Facebook, Twitter, QXL or other websites, and the buyer hereby expressly acknowledges that sales or offers via any such websites would cause a material negative impact on SANDRA's goodwill, reputation and intellectual and industrial property rights and shall grant SANDRA the right for full compensation.
11. Governing law and Jurisdiction: This agreement, the sales of any goods by SANDRA to any buyer and any and all related or arising matters shall be exclusively governed by Greek law, and any disputes or any matter related to or arising from this agreement, its execution, termination or interpretation or any sales shall be settled exclusively by the courts of Athens Greece, to which the parties hereby expressly agree to exclusively submit themselves and this agreement.
12. Amendment: These terms and conditions of sale apply to any goods sold by SANDRA to any buyer and can be amended in writing by SANDRA at any time at its absolute discretion.
13. CONTACT US
You have the right to request to see the personal details that we keep about you. You may also ask for any necessary changes to be made, in order to ensure that the information we have are accurate and up to date. If you wish to do this, please contact us. We are entitled by the law to charge a fee for the provision and change of the details, which we hold on to our system about you.
183 45 Moschato
Greece - Greece
Tel: +30 210 9401828
Fax: +30 210 9409940