1. PREAMBLE
1.1. YPHOS is a private company with sheer love for everything underwater. A perfect blend of luxury, technology and excellence. It is the manifestation of decades of experience in LED lighting for marine applications, extensive materials knowledge and exceptional engineering expertise.
1.2. The Website https://yphos.com/ and the Products made available on it are offered on the condition of your acceptance of the following Terms of Sale. By visiting our Website, you acknowledge that you have read and understood the foregoing terms and notices and you agree to be bound by them. In the event that you do not accept these terms, you ought not to access our Website and use our Services.
1.3. By using our Website and buying our Products you guarantee that you are aged 18 or over. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Sale. If you are a parent or legal guardian agreeing to the Terms of Sale for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur.
1.4. We reserve the right to amend and update these Terms of Sale at our discretion and whenever deemed appropriate. Any changes shall come in force and effect as they appear herein online.
1.5. These Terms of Sale and any policies, rules and guidelines posted on this Website constitute the entire agreement between You and Us and supersede all previous written or oral agreements. If any part of the Terms of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
2. DEFINITIONS
For the purposes of these Terms of Sale the following definitions shall apply:
2.1. “Agreement” – The current Terms of Sale and the privacy and cookie policies available at the homepage of our Website.
2.2. “Commercial Communications” – Any form of communication purported to promote, directly or indirectly, any of our products, or trademarks or those of third parties.
2.3. “Contract” – Any contractual relationship established between you and Us, which concerns ordering or purchasing our Products.
2.4. “Products” – Any products displayed for sale at our Website.
2.5. “We” or “Us” – Our business with the distinctive title «YPHOS» and registered offices at 14km Athens-Lamia HWY 14564 Kifissia, Athens, Greece
2.6. “Website” – The world wide website which is accessible through the domain name https://yphos.com/ including all of its webpages.
2.7. “You” – Any internet user, who visits our Website and / or purchases our Products.
3. PURCHASE OF PRODUCTS
3.1. YPHOS P.C. sells underwater LED lighting & technology products & services of premium quality and durability. Nothing in this Contract shall be interpreted so as to provide or imply that, apart from the sale of our Products or Services, We offer any kind of services to You through our Website.
3.2. The display of Products for sale at our Website acts as an invitation for You to place an order. Such presentation does not in any way bind Us as for the availability of displayed Products or for the immediate execution of orders. If you order displayed Products, which are no longer available, We reserve the right to give information to you about substitute products. In addition, We reserve the absolute right to reject orders at any circumstances without having the obligation to provide reasons for such rejection on the condition that any paid fees are immediately refunded to you.
3.3. Prior to any purchase of Products you have to follow certain preliminary steps so as to appropriately place an order. In specific, you are obliged to place the order(s) of the preferred Products by adding them to your e-cart “shopping bag”, fill – in your shipping address and billing details at the related electronic forms and, finally, confirm the selected order(s).
3.4. The essential characteristics of the Products offered for sale are accurately described at our Website. YPHOS will be liable to you only in regard to the validity and accuracy of such description thereof and disclaim any other kind of liability for any possible insufficiencies. You are solely responsible for your selection of displayed Products and their suitability as to the purposes for which you select them. For reasons of constant development in our field, YPHOS reserves the right to amend, change, correct or in any way modify information, technical details, descriptions, measurements as well as illustrations, photos and videos without prior notice.
3.5. The prices displayed at our Website constitute the fee for the purchase of the relevant Product. We reserve the right to change prices from time to time at our sole discretion. Yet, any potential change will not affect any placed order, on which an order confirmation has already been sent. All prices include seller taxes. Delivery Duty Paid (DDP) is available at the relevant cost or included for some orders, which are also communicated to you during the order placement process and prior to the conclusion of the sale.
3.6. By purchasing a product through our Website, you take full responsibility that such purchase and the import of such products comply with the laws of the country to which you have requested Us to ship the Product, and you agree that you will be considered the sole importer of the product to your country for all purposes, including customs regulations and copyright and trademark laws. Furthermore, you acknowledge that Our role is limited to procuring and/or manufacturing Products and making them available through our Website and to our clientele for import to your country. In no event will YPHOS be a party to the import of such products nor will it be responsible for any liability arising under the laws of any country for the import and sale of products available at our Website, including without limitation customs regulations and customs holds, detentions and seizures and copyright and trademark laws.
3.7. When ordering goods from our Website, overseas deliveries may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne exclusively by you. DDP delivery where available and if selected and paid for during checkout, includes duties payment. Customs policies vary widely from country to country, so you should take due care to contact local Customs authorities for further information.
3.8. For the following exclusive list of countries, We assume the responsibility, risk and costs associated with transporting our Products, including customs charges and clearance, with or without an additional cost:
- United States of America
3.9. Charges paid by You are final and non-refundable, unless otherwise provided for in these Terms. Charges are due immediately and payment will be facilitated as soon as practicable by Us using the preferred payment method designated in your order.
3.10. We accept only the following means of payment:
Credit Card via Stripe
Fees for processing credit or debit card payments by your credit institution may apply.
3.11. In case of foreign currency, We are not responsible for foreign exchange commissions by credit institutions facilitating your payment. Our online store accepts payments in EUR and USD.
4. DELIVERY
4.1 Upon availability of the Product(s) ordered, we will strive to ship your order the soonest possible. The processing time of your order depends on the type of the order, whether the products in your order are in stock and when you place it. Most orders ship within three (3) business days from the placement of your order. You will be notified with an email once your order is shipped.
4.2 Shipping times vary per location. Yet we shall make reasonable efforts to deliver within the following time-frames:
| United States | 1-3 Business Days |
| Europe | 1-2 Business Days |
| International | 2-6 Business Days |
4.3 Should we not be able to deliver within the foregoing time-frames, we will immediately inform you of expected delivery dates, as soon as we become aware of such delay.
4.4 We do not assume any liability in case of late delivery for reasons related to our shipping service providers, which lie beyond our control. Nevertheless, in this case we will take actions within our control to expedite delivery and keep you constantly informed.
4.5 Any dates for delivery of our Products are communicated by Us on an approximate basis and are intended to be an estimate.
4.6 Upon their delivery, the Products shall lie at your own risk. Ownership of a Product shall be transferred to You only upon full receipt of all sums due to Us in relation to its purchase.
4.7 In case of Your failure to accept delivery of ordered Products for any reason whatsoever, delivery shall be deemed to be successfully concluded, you will bear the risk for the Products and for all related costs and expenses borne by Us for non-acceptance (including, without limitation, storage and insurance).
5. CANCELLATION OF ORDERS
5.1. Contracts and orders and parts thereof may be cancelled only by Our written acceptance of such cancellation. Indicatively, we will not accept any cancellations by clients, which are not deemed to be consumers of our Products and / or do not have rights of cancellation under applicable laws.
5.2. In case that the cancelation of your order is accepted, You will bear all relevant costs and expenses arising from the return of the relevant Product. You will also be charged with the amount of any losses or expenses directly or indirectly resulting from such cancellation, including any losses related to the fact that the Product returned is not in the same condition as shipped by Us.
5.3. In case that the cancelation of your order is rejected, We will recover the full price of the Product and charge You with additional losses both direct and indirect resulting from such cancellation.
6. REGISTRATION
6.1. You may register your account on our Website, in order to enjoy full customer experience offered through our Website. If you just want to browse this Site, registration is optional.
6.2. During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way.
6.3. You agree to maintain the information of Your account always accurate, complete and up-to-date. Failure to maintain the accuracy, completeness and up-to-date status of your account information may result in your inability to access and use our Website or the termination of your account
6.4. By registering Your account, you are obliged to maintain the confidentiality of your username and password. You should take all necessary steps to ensure that your username and password are kept confidential and secure. You also have the duty of fair and truthful representation in regard to any information, personal or not, disclosed to Us.
6.5. You may terminate your account at any time.
6.6. We reserve all rights at any time to terminate Your account in case you are found or reasonably assumed to have breached any of the present Terms or any applicable laws. If we believe you are abusing our Website in any way, we may, at our sole discretion and without limiting other remedies, limit, suspend, or terminate Your user account, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Website. We may cancel unconfirmed accounts or accounts that have been inactive for a long time. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
6.7. We shall not bear any liability whatsoever in case that such a termination takes place. We will not be liable to You or any third party in the event that any information provided by You (including for the avoidance of doubt another user) which is incomplete, inaccurate, misleading or fraudulent. Unless expressly agreed with Us, you are permitted to register and create only one personal account. No account may be created in order to impersonate another person.
7. WEBSITE USE
7.1. You agree that you will not and will not assist or enable others to:
(i) use our Website for commercial purposes and Your use of our Website will be in line of applicable laws and the terms of our Agreement;
(ii) access, monitor or copy any data or content of our Website using robots, spiders or other automated means or any manual process to access, scrape, index, retrieve or otherwise use our Website or any content on our Website for any purpose without our express written permission;
(iii) bypass or circumvent measures employed by Us to prevent or limit access and use of our Website for specific reasons which remain to our discretion;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure or makes excessive traffic demands on our Website;
(v) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us in connection with our Website;
(vi) use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
(vii) use our Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(viii) attempt to gain unauthorized access to Our Website, user accounts, computer systems or networks connected to the Website or use Our Website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
(ix) use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
(x) use the Website to violate the security of any computer network, crack passwords or security encryption codes;
(xi) disrupt or interfere with the security of, or otherwise cause harm to, the Website.
7.2. In cases of non-compliance with the terms of our Agreement, we may suspend or terminate your Account and suspend or terminate Your use of our Website. Such suspension or termination shall be without prejudice to our rights against You arising from such use.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All content, trade names, trademarks and other distinctive features and content included in or made available through our Website, the Database and all of its webpages, including but not limited to the data, texts, graphics, sound, images, logos, interface, look & feel, software and structure, are subject to exclusive intellectual property rights of YPHOS protected under the European Union and international intellectual property laws.
8.2. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of our Website and place your orders. Your browsing at our Website and Products shall be conducted in good faith and only as permitted by applicable laws. All rights not expressly granted to you in these Terms are reserved and retained by YPHOS and/or any third-party rights’ holders.
8.3. Neither our Website as a whole, nor any part thereof may be recorded, copied, reproduced, translated, derived or otherwise transformed, distributed, rented, publicly performed, retransmitted, presented to the public or otherwise made available to the public without our express written consent. Additionally, any graphics, logos, icons, interface and look & feel of the Products may not be used in connection with products that are not provided by YPHOS in any way which can cause ad minimis confusion to consumers or affect our reputation and image. You may also not create and/or publish your own database that features substantial parts of our Website (e.g. our prices and product listings) without our express written consent.
8.4. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of YPHOS without our express written consent. You may not use any meta tags or any other “hidden text” featuring YPHOS distinctive title or trademarks without our express written consent. You may not alter or in any other way intervene in the content or the software of our Website or attempt to undermine its technological integrity and functionality.
8.5. This license does not include any resale or commercial use of our intellectual property rights or the content of YPHOS ; any collection and use of any product listings, descriptions, or prices; any derivative use of the content of YPHOS ; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. If you do not in any way comply with these Terms, this license shall be automatically terminated without notice from Us.
8.6. As an exception, temporary copies of separate webpages of our Website are permitted, as long as they are transient or incidental and an integral and essential part of a technological process whose sole purpose is to enable:
a. a transmission in a network between third parties by an intermediary or
b. a lawful use of a work or other subject – matter, and have no independent economic significance.
8.7. We are committed to respect the intellectual property rights of others. If you believe that your rights have received treatment, which may constitute an intellectual property infringement, please contact us.
9. HYPERLINKS
9.1. The establishment of hyperlinks directing to web pages and/or content of our Website, which shows the contents of our Website as part of content or services of parties other than Us (eg. framing techniques) or may deceive the general public and/or to cause loss of revenues or any other kind of damage to our business, shall be prohibited. We reserve the right to request deletion of any hyperlink to our Website.
9.2. You may not use the trademark (logo) of our business, as it is posted on our Website, to create a hyperlink to our Website without our prior, explicit and written permission.
9.3. Our Website may contain hyperlinks to internet content owned by third parties and, therefore, such content does not lie under the administration of YPHOS. For this reason, We do not assume any responsibility for these applications and their content and does not provide any guarantees to You about them. If any third party wishes that we withdraw an existing hyperlink from our Website, they may get in touch with us by sending an e-mail to Us.
10. COMMERCIAL COMMUNICATIONS
10.1. Our Website may include advertisements and/or online content of commercial nature or purpose referring either to YPHOS or to third parties.
10.2. We are not in the position to control and monitor third party advertising content displayed at our Website and, therefore, shall not bear any liability towards You for third party advertising content in relation to any illegitimacy, inaccuracy or failure to comply with applicable laws and regulations. Such liability shall lie exclusively at the third parties composing the relevant content and being advertised therefrom.
10.3. Subject to applicable laws, when you visit our Website or you use electronic means to communicate with us, you are free to agree to receive electronic communications from YPHOS. In this context, our Company may acquire the right to send to you any communications it deems necessary in order to correspond to your requests. You may receive electronic communications by our Company either by email or via your account.
10.4. In each of our communications to You, we shall distinctly communicate our identity and enable you to object and request, easily and for free, to terminate such communication.
10.5. Any electronic communication between Us is considered and accepted as absolute proof and shall not be disputed due to the fact that it has been executed by electronic means, unless mandatory applicable laws specifically require a different form of communication.
11. WARRANTY
11.1. We sell all of our Products with a 24 month limited manufacturer’s Warranty from the date of delivery, covering all cases of substantial manufacturing defects. The detailed terms and conditions of our Warranty can be accessed at https://yphos.com/warranty.
11.2. To register a claim for the activation of the Warranty for a purchased Product, You are required to fill-in the contact form in our Website by providing at least the following information:
- Your name and contact data;
- The location of the product;
- A detailed description of the defect along with relevant evidence (e.g. photos);
- A detailed description of any actions and / or troubleshooting already conducted;
- Serial number of the Product if available;
- Proof of purchase from Us.
11.3. If any of our Products does not conform with the Warranty, We shall at our sole discretion either refund the price of the Product at its original purchase price on the condition that the faulty Product is returned to Us or repair or replace the relevant Product (or the defective part thereof) free of charge in regard to labour or parts. You shall be responsible to pay for any associated shipping costs (DDP when shipping outside of EU), duties and relevant taxes or charges.
11.4. YPHOS disclaims all representations, warranties, or warranty, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement regarding
(i) the reliability, timeliness, quality, suitability or availability of the Website;
(ii) the use of the Website; and
(iii) any warranties of fitness for a particular purpose of Products purchased via our Website.
11.5. You agree that the entire risk arising out of your use of any product purchased in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
11.6. Furthermore, you agree that individual components or products which are contained in our products or sold independently are covered by the suppliers’ / manufacturers’ warranties.
12. INSTALLATION
12.1. You are solely responsible to execute and complete the installation of the Product(s) at your own effort and costs, in compliance to local, national or international codes, laws & regulations.
12.2. The installation of the Product(s) ought to be executed by an appropriately skilled professional according to our Product Manual and instructions in line with generally acceptable good practices in the field.
12.3. In case that any of your acts or omissions or those of your contractor in relation to the installation result in the damage of the Product(s) and/or your infrastructure, you shall fully and exclusively bear the relevant liability and costs.
12.4. You acknowledge that We do not have any responsibility or liability in relation to the installation of the Product(s) and guarantee to indemnify and hold Us harmless in this respect vis-à-vis any damage on the Product(s) and any claim by third parties against our Company.
13. LIABILITY
13.1. YPHOS is not responsible for product failure caused by abuse, neglect, improper installation, or failure in applications other than those for which it was designed, intended, and marketed. YPHOS assumes no responsibility whatsoever for any damage, loss, or injury that may result from the incorrect installation of this product, including but not limited to structural damage due to water intrusion, electrical malfunction or vessel sinking when used in marine applications.
13.2. We shall also not be held liable to You for any cause arising or related to any pure economic loss, loss of profits, loss of business, loss of contracts, damage to property, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential whatsoever which arise out of or in connection with the Products.
13.3. Notwithstanding any other limitation of liability within the present Terms of Sale, We shall not be liable for any loss or damage arising as a result of:
- Any act or omission by you or any third party acting on your behalf for the installation and maintenance of our Products;
- The cancellation or non-acceptance of an Order for reasons related to Your breach of applicable laws or the present terms;
- The cancellation or termination of an account for reasons related to Your breach of applicable laws or the present terms;
- Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Terms by You;
- Any effects caused by acts or omissions of YPHOS, which are imposed as statutory obligations of YPHOS by virtue of state laws, administrative decisions, court rulings.
13.4. To the full extent permissible under applicable laws, YPHOS will only be liable to you in respect of any acts or omissions of its employees, agents or sub-contractors, whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence), misrepresentation, breach of statutory duty, restitution or otherwise up to an amount equal to the original price of the relevant product you purchased from our Website.
13.5. Accordingly, YPHOS will only be liable to you in respect of any damages of any kind, including, but not limited to direct, indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Products up to an amount equal to the original price of the relevant product you purchased from our Website.
13.6. If any of our Products is proven to bear a manufacturing defect, then we will refund the price paid or replace the relevant product as per our Warranty Terms.
14. INDEMNITY
You shall at all times defend, indemnify and hold YPHOS and its shareholders, members, partners, officers, directors, employees, agents, parent, subsidiaries, affiliates, joint venturers, and successors and assigns, harmless from, and against, any and all causes of action, suits, claims, demands, judgments, liabilities, losses, damages, penalties, fines, costs and expenses (including, but not limited to, reasonable attorney’s fees) of any nature or kind, arising under or resulting from:
(i) Your use, purchase, or provision of any Product in violation of these Terms of Sale;
(ii) your use of our Website;
(iii) your alleged or actual violation or breach of applicable laws;
(iv) your unlawful actions or conduct, or
(v) your violation of the rights of any third party.
15. GENERAL TERMS
15.1. For any dispute between You and YPHOS arising from or in relation to the use of our Website and our Products these Terms of Sale shall be governed and construed in accordance with Greek law without reference to its conflict of laws principles and shall be subjected to the exclusive jurisdiction of the competent courts of Athens, Greece.
15.2. The present Terms of Sale, our Privacy and Cookie Policies, and all policies and community guidelines posted through our Website set forth the entire understanding and agreement between you and YPHOS, and supersede all prior understandings and agreements between the parties.
15.3. Except as otherwise provided, if any provision of the present Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
15.4. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15.5. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this agreement.
15.6. No party shall be liable for any failure or delay in performing any obligation under these Terms that is due to a Force Majeure event, such as acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), epidemics-pandemics, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout, interruption or failure of electricity or communications service, acts of sabotage, Trojan horses, software viruses, malware, unapproved access to information systems, DDoS, cracking and other similar illegal acts of third parties. If a Force Majeure event occurs, the affected party will notify the other party and make commercially reasonable efforts to mitigate the adverse effects of the Force Majeure event on the performance of these Terms. However, this provision does not excuse your obligation to pay for services actually received.
15.7. It is understood that any accrued but unpaid financial obligations, and any other terms related to such financial obligations, shall survive the expiration or termination of this Agreement.
16. CONTACT
16.1. We are concerned about your experience of our Products. Therefore, for any issue and/or question, please contact us and we will make reasonable efforts to settle the issue and/or answer your question.
16.2. We can be contacted through our contact page.
16.3. Any notice, demand, request, or other communication which you address to Us shall either be sent by certified mail, return receipt requested, or by email. All notices given by e-mail shall be deemed given as of the business day following the day of transmission. All notices given by post shall be deemed to have been delivered fifteen (15) days after shipment.
Last updated on 08 July 2020.