Terms & Conditions

YPHOS Terms & Conditions of Sale

These Terms & Conditions of Sale (the “Terms”) apply to every sale of Products by YPHOS P.C. (“YPHOS”, “we”, “us”), with registered seat at the 14th km of Athens–Lamia Highway, 14564 Kifissia, Athens, Greece, whether the order is placed through our Website, on the basis of a Quotation and Pro-forma Invoice, by e-mail or by purchase order. Part A applies to all Customers. Part B applies in addition where the Customer is a Consumer. Part C applies in addition where the Customer is a Business Customer. Part D applies to the use of our Website. The YPHOS Limited Warranty forms part of these Terms.

Part A — General terms (all Customers)

A1. Application and precedence

A1.1. These Terms govern every Order and every Contract between YPHOS and the Customer, and apply to all future transactions between them whether or not referred to again, unless YPHOS agrees otherwise in writing.

A1.2. Terms or conditions of the Customer, including those printed on or referred to in a purchase order, do not apply, even if YPHOS does not expressly object to them, unless accepted in writing by an authorised representative of YPHOS.

A1.3. In case of conflict, the following documents apply in the following order: (i) a written agreement signed by YPHOS; (ii) the special terms of the Quotation, Pro-forma Invoice or Order Confirmation; (iii) these Terms; (iv) the Warranty. On warranty matters, the Warranty prevails over these Terms.

A1.4. The version of these Terms in force on the date of the Order Confirmation applies to the Order. We may update these Terms for future Orders; the current version is published on our Website.

A1.5. No statement, advice, recommendation or representation made by employees, representatives or Authorised Partners of YPHOS, orally, in correspondence or otherwise, varies these Terms or binds YPHOS unless it is confirmed in writing in the Quotation, the Pro-forma Invoice or the Order Confirmation.

A1.6. Nothing in these Terms limits the rights that mandatory law grants to Consumers. Where a provision of Part A or Part C cannot apply to a Consumer, Part B applies instead.

A2. Definitions

In these Terms: “Customer” or “you” means the person or entity placing an Order. “Consumer” means a natural person who acts for purposes outside their trade, business, craft or profession. “Business Customer” means any Customer who is not a Consumer, including any Customer who acts in the course of a trade, business, craft or profession, such as a shipyard, boat builder, refit facility, dealer, distributor, installer, charter or fleet operator, or a company owning or managing a vessel, and any Customer who provides a company name, a commercial registration number or a VAT or tax identification number. “Products” means the YPHOS underwater lights, control products, accessories and spare parts sold by YPHOS. “Standard Products” means Products listed on our Website as standard stock items. “Custom Products” means Products that are not Standard Products, including Products manufactured, finished, configured or adapted to the Customer’s specifications, such as non-standard finishes, cable lengths, colour configurations, mounting variants or engineered-to-order items. “Authorised Partner” means a distributor, dealer, boat builder or installer authorised by YPHOS. “Quotation”, “Pro-forma Invoice” and “Order Confirmation” mean the documents so titled issued by YPHOS. “Order” means the Customer’s order for Products. “Contract” means the agreement for the sale of Products formed under section A3. “Manual” means the installation and user documentation supplied with the Product or published on our Website. “Warranty” means the YPHOS Limited Warranty published on our Website. “Website” means https://yphos.com/.

A3. Orders and formation of the Contract

A3.1. The presentation of Products on our Website, in catalogues and in Quotations is an invitation to the Customer to place an Order and does not bind YPHOS. An Order is an offer by the Customer to purchase the Products under these Terms.

A3.2. For Orders placed on the basis of a Quotation, the Contract is formed when YPHOS issues its written Order Confirmation, which YPHOS issues after receipt of payment of the Pro-forma Invoice or, where credit terms have been agreed in writing under Part C, of the agreed advance payment.

A3.3. For Orders placed through our Website, the Contract is formed when YPHOS issues its order acknowledgement after receipt of payment. An automatic message confirming receipt of the Order is not an acceptance.

A3.4. YPHOS may decline any Order without giving reasons. Any amount already paid for a declined Order is refunded.

A3.5. Obvious errors in prices, specifications or availability on our Website, in a Quotation or in a Pro-forma Invoice may be corrected by YPHOS. If the Customer does not accept the correction, the Order is cancelled and any amount paid is refunded. YPHOS is not obliged to supply Products at an incorrect price, even after an Order Confirmation.

A3.6. Unless otherwise stated, a Quotation is valid for thirty (30) days from its date. Prices stated in a Quotation may be revised until the Order Confirmation is issued.

A3.7. YPHOS supplies its Products to Business Customers. Orders from Consumers are accepted only where YPHOS expressly agrees to accept them, in which case Part B applies in addition to Part A. When placing an Order, the Customer states whether it acts as a Business Customer or as a Consumer and provides its company details, commercial registration number or VAT or tax identification number where applicable. YPHOS may rely on that statement. A Customer established outside the European Union warrants that it is a Business Customer and, before the Order Confirmation, provides its legal name, registered address and commercial or trade-licence number, and takes the invoice in that name. YPHOS may rely on that statement without enquiry. If it is untrue, YPHOS may cancel the Order, retain reasonable costs, and the Customer indemnifies YPHOS against any consumer or third-party claim arising from the misstatement.

A3.8. If the Customer supplies, before the Order Confirmation, technical information required for the Products to be specified and supplied, including the vessel, its hull material and thickness, the mounting positions, the electrical system, the control integration and the cable lengths, YPHOS relies on that information without verifying it. Processing of the Order and any lead time begin only when all technical questions have been clarified, all documents to be supplied by the Customer have been received and payment has been made in accordance with these Terms.

A3.9. Changes requested by the Customer after the Order Confirmation are effective only if accepted by YPHOS in writing and may result in an adjustment of the price and of the lead time.

A3.10. Custom Products are identified as such in the Quotation, the Pro-forma Invoice, the Order Confirmation or on the relevant product page. Once the Order Confirmation has been issued, a Custom Product cannot be cancelled, changed or returned, except as expressly provided in Part B for Consumers.

A4. Prices, taxes and delivery terms

A4.1. Prices are stated in euro unless another currency is stated, and are exclusive of value added tax, other taxes, customs duties, shipping, insurance and packaging beyond our standard packaging, unless otherwise stated in the Quotation, the Pro-forma Invoice or at checkout.

A4.2. Value added tax is applied according to the delivery address and the status of the Customer. A valid VAT identification number is required for intra-Community supplies without Greek VAT. Exports are supplied free of VAT subject to proof of export.

A4.3. Unless otherwise stated in the Quotation or the Order Confirmation, Products ordered on the basis of a Quotation are supplied EXW (Ex Works, Incoterms 2020) at our premises in Athens, Greece. Products ordered through our Website are supplied DAP (Delivered at Place, Incoterms 2020) at the delivery address stated in the Order, with shipping charged at checkout.

A4.4. Unless DDP (Delivered Duty Paid) is expressly agreed in writing, all customs duties, import taxes, customs clearance and brokerage charges at destination are payable by the Customer, who is the importer of record and is responsible for compliance with the import laws of the country of destination. Customs policies vary from country to country and the Customer should enquire with the local authorities before ordering.

A4.5. Payment is made by bank transfer against the Pro-forma Invoice or, for Orders placed through our Website, by card through our payment service provider. Unless credit terms have been agreed in writing under Part C, the full price is payable before the Order Confirmation is issued and Products are shipped only against full payment. Bank charges, currency conversion costs and card fees are borne by the Customer. A proof of payment, such as a bank transfer slip, may be sent to us by e-mail. Card numbers, expiry dates, security codes, online-banking passwords and other credentials must not be sent by e-mail.

A5. Delivery, risk and title

A5.1. Lead times and delivery dates stated by YPHOS are estimates and are not binding unless expressly agreed as binding in writing. They run from the date on which the conditions of section A3.8 are fulfilled. YPHOS will inform the Customer of any actual or expected delay and of the expected new delivery period.

A5.2. Partial deliveries are permitted where they are not unreasonable for the Customer.

A5.3. The delivery term is suspended for as long as the Customer is in default of payment, and extended where changes requested by the Customer have been accepted by YPHOS.

A5.4. Risk in the Products passes to a Business Customer when the Products are handed over to the carrier or forwarder at our premises, including in the case of partial deliveries and of deliveries for which the freight is paid by YPHOS. Risk passes to a Consumer when the Consumer, or a person designated by the Consumer other than the carrier, takes physical possession of the Products; where the Consumer arranges the carriage through a carrier not offered by YPHOS, risk passes when the Products are handed over to that carrier.

A5.5. Products are packed with reasonable care in our standard packaging. Transport insurance is arranged only at the request and at the cost of the Customer.

A5.6. The Customer inspects the Products on delivery. Visible transport damage, shortages and wrong deliveries must be noted on the carrier’s delivery document and reported to YPHOS in writing, with photographs, within seven (7) days of delivery. No Product may be returned without prior written authorisation from YPHOS.

A5.7. If shipment, delivery or collection is delayed for reasons attributable to the Customer, or if the Customer does not accept delivery, risk passes to the Customer on the date on which the Products were ready for shipment, and YPHOS may store the Products at the Customer’s cost and risk and invoice the Products, storage and insurance.

A5.8. Title to the Products passes to the Customer only when YPHOS has received in full all sums due under the Contract and any other agreement with the Customer. Until then the Customer holds the Products as bailee for YPHOS, keeps them identifiable as the property of YPHOS and insured, and may not pledge them or use them as security. YPHOS may recover Products for which payment is overdue. The installation of a Product in a vessel does not affect the Customer’s obligation to pay the full price.

A6. Product information and specifications

A6.1. Descriptions, weights, dimensions and technical data on our Website, in catalogues and in Quotations are given to the best of our knowledge at the time of issue and are approximate. They are binding only where expressly specified as such in the Quotation or the Order Confirmation.

A6.2. Light output within a tolerance of ±10% of the published value, differences in colour or tint between individual LEDs, Products or production batches, the gradual reduction of light output and gradual colour shift over the rated life of the LEDs, the natural patina of bronze and minor variations in machined or polished finish are within specification, as further described in the Warranty.

A6.3. Because of continuous development, YPHOS may modify the design, materials, components and specifications of the Products without notice and may supply an equivalent substitute Product where necessary, provided that the performance of the Product is not reduced.

A6.4. The visual effect of underwater lighting depends on water clarity, salinity, hull colour, mounting depth, ambient light and the number and arrangement of the lights, and varies from vessel to vessel. Photographs, drawings, renderings, videos and other graphics are illustrative, may have been produced or modified with artificial-intelligence tools, and are not a contractual specification or a representation of the result on a particular vessel. Recommendations by YPHOS on the number, model or arrangement of lights are given without warranty of the result obtained on a particular vessel.

A6.5. YPHOS has no obligation to issue firmware or software updates. Compatibility with third-party equipment, displays, networks or software is not warranted. YPHOS is not liable for third-party equipment or networks.

A6.6. Type approvals and certifications of the Products relate to the Products as supplied by YPHOS. They do not constitute approval of any installation.

A6.7. Certain Products contain modules, such as circuit boards, that may be replaced by YPHOS or by a repairer authorised by YPHOS in writing. The sealed light engines of the Products are not user-serviceable. Spare parts and accessories are supplied while available; YPHOS does not undertake to keep spare parts available for any period.

A6.8. Ingress-protection ratings apply to the outboard face only, unless the Manual for that Product says otherwise. Submersion of the inboard side or ingress through the cable or connections is not a defect. The conditions are set out in the Warranty.

A7. Installation, use and responsibilities of the Customer

A7.1. Quotations, Pro-forma Invoices and Orders are made on a supply-only basis. Installation, commissioning and supervision are not included unless expressly stated in writing by YPHOS. Everything not specifically mentioned in the Quotation or the Order Confirmation is not included.

A7.2. The Products must be installed by a qualified marine electrician or a professional yard, in accordance with the Manual and with the standards, codes and regulations applicable to the vessel. Improper installation can create electrical hazards which could result in death or serious injury, and can cause water ingress, damage to the vessel and its systems, or the sinking of the vessel.

A7.3. Determining the suitability of the Products for the vessel, the hull material, the mounting positions, the electrical system and the intended application is the sole responsibility of the Customer and of its installer. YPHOS makes no representation as to suitability other than as expressly stated in the Order Confirmation.

A7.4. The Customer must read the Manual before installation, provide it to any installer and any subsequent user, and request it from YPHOS if it has not been received. The Manual is issued in English. Translation, and responsibility for any installation carried out against a translation, are the Customer’s.

A7.5. Any approval of hull penetrations, of the electrical installation or of the Products by a classification society, a flag state, an insurer or a public authority, and any permit required for the installation, is the responsibility and at the cost of the Customer. Requirements imposed by such bodies are not defects of the Products and do not entitle the Customer to any claim against YPHOS.

A7.6. YPHOS does not design, supervise, inspect or approve installations. Technical assistance, advice or recommendations given by YPHOS in connection with the selection, installation, integration or use of the Products are given in good faith, without charge and without liability, unless confirmed in writing in the Quotation or the Order Confirmation.

A7.7. The Customer must not open, repair, modify or alter a Product, or allow anyone other than YPHOS or a repairer authorised by YPHOS in writing to do so. In case of a problem, the Customer must follow the troubleshooting guidance in the Manual and contact YPHOS.

A7.8. The Customer must operate, clean and maintain the Products in accordance with the Manual, including the periodic checks of bonding and sacrificial anodes.

A7.9. The Customer is responsible for compliance with the laws and regulations applicable to the import, installation and use of the Products in the country of destination and in the countries where the vessel operates.

A8. Warranty and defects

A8.1. The Products are covered by the YPHOS Limited Warranty published on our Website, which forms part of these Terms. Unless a different term is agreed in writing in the Quotation, the Pro-forma Invoice or the Order Confirmation, the Warranty Period is three (3) years for underwater lights and two (2) years for control products and accessories from delivery, under the conditions and subject to the exclusions of the Warranty.

A8.2. Claims for defects are made in accordance with the Warranty. If a claim is accepted, YPHOS will at its option repair or replace the Product or refund its price, as provided in the Warranty. The costs of diagnosis on board, removal, reinstallation, haul-out, lifting, diving, yard or electrician labour, travel and loss of use are never covered.

A8.3. For Consumers, the Warranty is given in addition to the statutory rights described in Part B. For Business Customers, the Warranty sets out the entire obligations of YPHOS in respect of defects and lack of conformity, as provided in Part C.

A8.4. Products of other manufacturers supplied by YPHOS with or alongside its Products are covered only by the warranty of their manufacturer.

A9. Cancellation and returns

A9.1. An Order is binding on the Customer once the Order Confirmation has been issued. An Order or part of an Order may be cancelled only with the written consent of YPHOS. Custom Products cannot be cancelled once the procurement of materials or the production has started.

A9.2. Products that are not defective are accepted back only (i) by a Consumer exercising the right of withdrawal described in Part B, or (ii) from a Business Customer at the discretion of YPHOS under the conditions of Part C. No other return is accepted.

A9.3. Any return must be authorised in writing by YPHOS in advance and bear the return authorisation number issued by YPHOS. The Product is returned to our premises at the Customer’s cost, freight prepaid and, for returns from outside the European Union, with duties and taxes paid, adequately packed and, where the return is not made under the Warranty, unused, in its original packaging and with all accessories and documentation. Products returned without authorisation may be refused.

A9.4. Defective Products are handled under the Warranty and not under this section.

A10. Limitation of liability

A10.1. The remedies set out in these Terms and in the Warranty are the sole and exclusive remedies of the Customer in respect of the Products and the Contract, to the maximum extent permitted by law.

A10.1A A defect in materials or workmanship, including a manufacturing defect, is handled exclusively under sections 2 and 5. If a manufacturing defect is established, YPHOS’s sole obligation is, at its option, to repair the Product, replace it, or refund the price paid for it. YPHOS is not liable for the cost of access, removal or reinstallation, for damage to the vessel or any other property, or for any other loss, except to the extent such liability cannot be excluded or limited under mandatory product-liability law as set out in section A10.10.

A10.2. To the maximum extent permitted by applicable law, the total aggregate liability of YPHOS arising out of or in connection with the Contract, the Products, their sale, delivery, non-delivery or late delivery, installation, use, failure or inability to use, any advice or assistance, the Website, or otherwise, whether in contract, tort (including negligence), breach of statutory duty, product liability, misrepresentation, restitution or otherwise, shall not exceed the price paid to YPHOS for the Product or Products giving rise to the claim or, where the claim cannot be attributed to particular Products, the price paid for the Order concerned, in each case excluding shipping, duties and taxes.

A10.3. To the maximum extent permitted by applicable law, YPHOS shall not be liable, however arising and even if it has been advised of the possibility, for any:

indirect, consequential, special, incidental, exemplary or punitive loss or damage;
loss of profit, revenue, business, contracts, charter or hire income, or anticipated savings;
pure economic loss of any kind;
loss of use of the vessel or of any equipment, or the cost of substitute equipment, vessels or accommodation;
costs of haul-out, launching, lifting, dry-docking, diving, surveys, yard or electrician labour, travel, mooring, berthing or delay;
damage to the vessel, its hull, structure, systems, equipment or contents, or to any other property, including damage caused by water ingress through or around a Product, electrical malfunction, fire or overheating, or the flooding, capsizing or sinking of the vessel, whether or not caused by a defect in the Product, except to the extent such liability cannot be excluded under section A10.10.
salvage, wreck removal, pollution, environmental clean-up, fines or penalties;
loss of or damage to data, settings or configurations;
loss of goodwill or reputation;
claims made against the Customer by third parties, including its own customers, the owner or operator of the vessel, crew, passengers, insurers or authorities.

A10.4. YPHOS is not liable for any loss or damage resulting from a delay in delivery. The rights of the Customer in case of delay are limited to those set out in section A5, in Part B or in Part C, as applicable.

A10.5. YPHOS does not design, supervise, inspect or approve installations and assumes no responsibility whatsoever for any damage, loss or injury resulting from the incorrect installation of a Product, including without limitation structural damage due to water intrusion, electrical malfunction, or the sinking of the vessel.

A10.6. YPHOS is not liable for the acts or omissions of carriers, installers, Authorised Partners acting as independent resellers, or other third parties, nor for products, equipment, software or services not supplied by YPHOS, nor for the consequences of the connection of the Products to them.

A10.7. YPHOS is not liable for the availability, accuracy or completeness of the Website, for interruptions of the Website or of the online ordering process, or for the content of websites of third parties to which the Website links.

A10.8. This section also applies for the benefit of the shareholders, managers, employees and agents of YPHOS, of its Authorised Partners and of its suppliers, including the manufacturer of the Products, each of whom may rely on it.

A10.9. The Customer acknowledges that the prices of the Products reflect the allocation of risk in these Terms, and that the insurance of the vessel, including hull and machinery and third-party liability insurance, is the appropriate means of covering the risk of loss of or damage to the vessel and of liability to third parties, which YPHOS does not cover.

A10.10. Nothing in these Terms excludes or limits the liability of YPHOS for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation; for wilful misconduct or gross negligence; for liability under mandatory product liability legislation, including Article 6 of Law 2251/1994; or for any other liability that cannot be excluded or limited under applicable law. Nothing in this section affects the statutory rights of Consumers described in Part B.

A10.11. If any part of this section is held to be invalid or unenforceable, it shall apply to the maximum extent permitted by law and the remainder of this section shall continue in full force.

A11. Intellectual property, confidentiality and images

A11.1. All intellectual property rights in the Products, their design, firmware and software, the Manual, and all documents, drawings, models, specifications, images, renderings, videos, trade names and trademarks of YPHOS belong to YPHOS or its licensors. The sale of a Product and the supply of any documentation, technical information or advice confer on the Customer no licence under any intellectual property right of YPHOS, other than the right to use the Product and its embedded software for their intended purpose.

A11.2. Drawings, CAD and 3D models, specifications, technical documentation, Quotations and prices supplied by YPHOS are confidential and proprietary to YPHOS. The Customer may use them only for the project for which they were supplied, may disclose them only to the installer of that project, and may not disclose them to any other third party, publish them, or use them to design, adapt, manufacture or fit other products. They must be returned or deleted on request.

A11.3. The Customer may not copy, reproduce, reverse-engineer, disassemble or modify the Products or their software, nor remove or alter any marking, serial number or label on them.

A11.4. The Customer may not use the names, logos, trademarks, images, renderings or videos of YPHOS in any manner without the prior written consent of YPHOS, except to identify genuine YPHOS Products under Part C.

A11.5. YPHOS retains the right to photograph, film and showcase its Products in operation, including in its marketing, publications and social media. YPHOS will not identify the name of the vessel, its owner or its location without their consent.

A11.6. Where a Product is manufactured or adapted to designs, drawings or specifications supplied by the Customer, the Customer warrants that their use does not infringe the rights of any third party and indemnifies YPHOS against any claim to the contrary.

A12. Sanctions and export control

A12.1. The Customer warrants that neither the Customer, nor the end user of the Products, nor the vessel in which they are to be installed, is the subject of sanctions, embargoes or export restrictions imposed by the European Union, the United Nations, the United States of America or any other applicable jurisdiction, and that the Products will not be supplied to or used in any country, by any person or for any end use subject to such restrictions.

A12.2. YPHOS may suspend or cancel any Order, without liability, where its performance would in the reasonable opinion of YPHOS breach or risk breaching any such restriction. The Customer is responsible for compliance with all export and re-export laws applicable to the Products after delivery.

A13. Force majeure

A13.1. YPHOS is not liable for any failure or delay in the performance of the Contract, in the delivery or shipment of the Products, or for any loss or damage suffered by the Customer as a result, where the failure or delay is caused directly or indirectly by events beyond its reasonable control, including accidents, acts of God, acts or omissions of any authority, war, terrorism, civil disturbance, epidemics, fire, flood, storm or other natural events, strikes or labour disputes, changes in law, embargoes, failure of energy, materials or communications, delays or defaults of carriers, and delays in obtaining, or the inability to obtain, materials, components, products or services from the usual suppliers of YPHOS, including the manufacturer of the Products, at normal prices.

A13.2. In such a case YPHOS may, at its option, extend the delivery period by the time lost, allocate available Products among its customers, or cancel the affected Order or part of it without liability, refunding any amount paid for Products not delivered. If the delay exceeds ninety (90) days, either party may cancel the undelivered part of the Order by written notice. The obligation of the Customer to pay for Products delivered is not affected.

A14. Data protection

A14.1. Personal data are processed in accordance with our Privacy Notice published on our Website.

A15. General

A15.1. Amendments and additions to the Contract must be made in writing.

A15.2. The Customer may not assign or transfer the Contract or any of its rights or obligations without the prior written consent of YPHOS. YPHOS may assign the Contract, or its rights under it, to an affiliated company or to a successor of its business.

A15.3. A failure or delay by YPHOS to enforce any provision of these Terms is not a waiver of that provision or of any subsequent breach.

A15.4. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions are not affected and the invalid provision is replaced by a valid provision that comes closest to its purpose.

A15.5. Notices to YPHOS are sent by e-mail to [email protected] or by courier to its registered seat. Notices sent by e-mail are deemed received on the business day following their transmission; notices sent by post are deemed received if tracking number of courier verifies delivery.

A15.6. These Terms are drawn up in English. In case of any translation, the English version prevails.

A15.7. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to the Contract.

A15.8. Nothing in these Terms or in any Order creates a partnership, joint venture, agency or employment relationship between YPHOS and the Customer. No Customer, dealer or Authorised Partner is authorised to make any commitment or representation on behalf of YPHOS.

A15.9. Sections A7, A10, A11, A12 and A16 and the provisions of Part C on liability and indemnity survive the performance, cancellation or termination of the Contract.

A16. Governing law and disputes

A16.1. The Contract and these Terms are governed by Greek law, without reference to its conflict-of-laws rules. The courts of Athens, Greece, have exclusive jurisdiction over any dispute arising from or in connection with the Contract, the Products or these Terms, without prejudice to the right of YPHOS to bring proceedings against a Business Customer before the courts of the country in which the Business Customer is established.

A16.2. If the Customer is a Consumer, section A16.1 does not affect the mandatory provisions applicable to that Consumer.

A17. Company details

YPHOS P.C., 14th km Athens–Lamia Highway, 14564 Kifissia, Athens, Greece — [email protected].

Part B — Additional terms for Consumers

Part B applies only where YPHOS has expressly accepted an Order from a Consumer. Where a provision of Part B conflicts with Part A, Part B prevails for Consumers.

B1. Right of withdrawal

B1.1. A Consumer who orders Products at a distance, including through our Website or by e-mail, may withdraw from the Contract within fourteen (14) days from the day on which the Consumer, or a person designated by the Consumer other than the carrier, takes physical possession of the Products or, where the Products of one Order are delivered separately, of the last Product, without giving any reason.

B1.2. The right of withdrawal does not apply to Custom Products, being Products made to the Consumer’s specifications or clearly personalised.

B1.3. To withdraw, the Consumer informs YPHOS of the decision by an unequivocal statement sent by e-mail to [email protected] or by courier to our registered seat before the withdrawal period expires.

B1.4. The Consumer returns the Products to our premises without undue delay and in any event within fourteen (14) days from the day of the withdrawal, in accordance with section A9.3. The Consumer bears the direct cost of returning the Products, including shipping, insurance and, for returns from outside the European Union, duties and taxes.

B1.5. YPHOS refunds all payments received from the Consumer for the Products, including the cost of standard delivery but not any supplementary cost of a delivery method other than the least expensive standard delivery offered, without undue delay and in any event within fourteen (14) days from the day on which YPHOS is informed of the withdrawal. YPHOS may withhold the refund until it has received the Products back or the Consumer has supplied evidence of having sent them back, whichever is earlier. The refund is made using the same means of payment as the original transaction, unless otherwise agreed.

B1.6. The Consumer is liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. A Product that has been installed, connected to a power supply, immersed, or whose cable has been cut, shortened or spliced, or that is returned without its original packaging, accessories or documentation, has a diminished value that may amount to its full price, and YPHOS may deduct that amount from the refund.

B2. Delivery

B2.1. Where no delivery date has been agreed, YPHOS delivers within thirty (30) days from the formation of the Contract. If YPHOS fails to deliver within the agreed or the above period, the Consumer may require delivery within an additional period appropriate to the circumstances and, if delivery is not made within that period, may terminate the Contract, in which case YPHOS refunds all sums paid under the Contract.

B3. Statutory rights

B3.1. Consumers have statutory rights in case of lack of conformity of the Products, under Directive (EU) 2019/771 as transposed by Law 4967/2022 and Articles 534 et seq. of the Greek Civil Code. The Warranty is given in addition to those rights and does not replace or limit them. Nothing in these Terms limits the statutory rights of Consumers, and in case of conflict the statutory rights prevail.

B4. Liability

B4.1. Section A10 applies to Consumers only to the extent permitted by the law applicable to consumer contracts. Nothing in these Terms excludes or limits the liability of YPHOS towards a Consumer for death or personal injury caused by its negligence, for fraud, for wilful misconduct or gross negligence, under mandatory product liability legislation, or for any other liability that cannot be excluded or limited under applicable law.

B5. Applicable law, jurisdiction and complaints

B5.1. The Contract with a Consumer is governed by Greek law.

B5.2. Complaints may be addressed to YPHOS at [email protected]. YPHOS does not undertake to participate in alternative dispute resolution procedures. Consumers may refer complaints to the Hellenic Consumer’s Ombudsman (Συνήγορος του Καταναλωτή, www.synigoroskatanaloti.gr).

Part C — Additional terms for Business Customers

Part C applies only where the Customer is a Business Customer.

C1. Application

C1.1. By placing an Order, the Business Customer accepts these Terms to the exclusion of any of its own terms and conditions. These Terms, the Quotation, the Pro-forma Invoice and the Order Confirmation constitute the entire agreement between YPHOS and the Business Customer with respect to the Order and supersede all prior understandings.

C2. Payment

C2.1. Unless otherwise stated in the Pro-forma Invoice or agreed in writing, the Pro-forma Invoice is payable within ten (10) days of its date. Credit terms, including an advance payment with the balance payable within an agreed period, are granted only by written agreement and may be withdrawn by YPHOS at any time for future Orders.

C2.2. Where an advance payment is agreed for Custom Products, the advance is not refundable once the procurement of materials or the production has started.

C2.3. Amounts not paid when due bear interest at the statutory rate for late payment in commercial transactions under Directive 2011/7/EU as transposed into Greek law, from the due date until payment, together with the fixed compensation for recovery costs and all reasonable costs of recovery. YPHOS may suspend deliveries under this or any other Order for as long as any amount is overdue.

C2.4. The Business Customer may not withhold, set off or deduct any amount from sums due to YPHOS. Payments by card may not be charged back for reasons attributable to the Contract; any dispute is resolved under these Terms.

C2.5. If, after the Order Confirmation and during the performance of the Order, unforeseeable increases in the costs of materials, components, energy, transport, customs duties or taxes occur for reasons beyond the control of YPHOS, YPHOS may increase the price correspondingly and without additional profit, giving the Business Customer written notice with supporting explanation.

C3. Orders, changes and cancellation

C3.1. Orders confirmed by YPHOS are firm and cannot be cancelled by the Business Customer. Changes requested by the Business Customer are subject to the written acceptance of YPHOS and to price and lead-time adjustments.

C3.2. Where YPHOS exceptionally accepts a cancellation in writing, the Business Customer pays the cost of materials ordered and of the design, engineering and production work performed up to the cancellation, together with any losses or expenses resulting from the cancellation. Custom Products cannot be cancelled once the procurement of materials or the production has started.

C4. Delivery

C4.1. Delivery dates are not binding. YPHOS informs the Business Customer of any actual or expected delay and of a reasonable new delivery period. In case of late delivery, the Business Customer may withdraw from the Order only if (i) it has granted YPHOS in writing a reasonable additional period for delivery, stating that it will reject delivery after that period, and (ii) delivery has not been made within that period. In such a case the Business Customer has no right to damages for non-performance or delay.

C4.2. YPHOS may withdraw from the Order in case of late or incorrect delivery by its supplier, provided that YPHOS is not responsible for the supplier’s failure. YPHOS informs the Business Customer without delay of the non-availability of the Products and refunds any amount paid for them.

C5. Inspection and acceptance

C5.1. The Business Customer inspects the Products on delivery. Visible defects, transport damage, shortages and wrong deliveries must be notified to YPHOS in writing within seven (7) days of delivery, in accordance with section A5.6. Products not so notified are deemed accepted, and the remedies of the Business Customer for any defect are thereafter limited to those provided in the Warranty.

C5.2. If a complaint proves unfounded, YPHOS may charge the Business Customer the costs of its investigation, including the inspection fee provided in the Warranty.

C6. Returns

C6.1. Products that are not defective are not accepted back. YPHOS may, at its sole discretion and by written authorisation, accept the return of Standard Products that are unopened, unused and in their original packaging, within thirty (30) days of delivery, subject to a restocking fee of twenty per cent (20%) of the net price of the returned Products, with a minimum of fifty euros (€50) per return, and to section A9.3. Thru-hull Products and Custom Products are never accepted back.

C6.2. Any amount due to a Business Customer for an accepted return, a cancelled Order or otherwise is settled by a credit note against future purchases from YPHOS and not by refund, unless YPHOS agrees otherwise in writing.

C7. Warranty and defects

C7.1. The Warranty sets out the entire obligations and liability of YPHOS in respect of defects and lack of conformity of the Products, and replaces the statutory warranty provisions of the Greek Civil Code and any implied warranty, condition or term to the extent permitted by law. The remedies of the Warranty are the sole remedies of the Business Customer for defective Products.

C7.2. Where the Business Customer resells or installs the Products for its own customers, it provides them with the Manual and the Warranty, and does not give, on behalf of YPHOS, any warranty, representation or commitment beyond the published specifications of the Products and the Warranty. Claims by the customers of the Business Customer are handled by the Business Customer; claims under the Warranty are made in accordance with its terms.

C8. Resale and installation for third parties

C8.1. A Business Customer that resells the Products, or installs them for its own customers, whether under a written partner agreement or in a single Order: (i) sells and installs the Products only with the Manual and in accordance with it; (ii) does not modify, rebrand, relabel or repackage the Products; (iii) makes no claim regarding the Products beyond their published specifications; (iv) provides first-line support to its customers; (v) complies with the laws applicable to the sale, import, installation and use of the Products in its market, including any product registration or producer-responsibility obligations arising from its import; (vi) uses the names and trademarks of YPHOS only to identify genuine YPHOS Products and does not offer the Products on third-party online marketplaces without the written consent of YPHOS; and (vii) acts in its own name and for its own account, and not as agent or representative of YPHOS.

C9. Indemnity

C9.1. The Business Customer assumes all responsibility for the handling, storage, installation, resale and use of the Products after delivery and shall defend, indemnify and hold harmless YPHOS, its shareholders, managers, employees, agents and suppliers, including the manufacturer of the Products, from and against any and all claims, liabilities, judgments, losses, damages to property, bodily injury, economic losses, costs and expenses, including reasonable attorneys’ fees, arising from or in connection with: (a) the installation, commissioning, modification, repair, handling, resale or use of the Products by the Business Customer, its employees, agents, contractors or customers, or by any third party; (b) any claim by a customer of the Business Customer, by the owner, operator, crew, passengers or insurers of any vessel, or by any authority, in connection with the Products; (c) any breach of these Terms, of the Manual or of applicable law by the Business Customer or its customers; (d) any representation, warranty or commitment given by the Business Customer beyond the published specifications of the Products and the Warranty; and (e) any design, drawing or specification supplied by the Business Customer. At the request of YPHOS, the Business Customer conducts the defence of any such claim at its own cost.

C10. Liability

C10.1. Section A10 applies in full to Business Customers. Claims for defects of the Products are governed exclusively by the Warranty and its time limits. Any other claim of the Business Customer in connection with the Products or the Contract, including claims relating to delivery, quantities, transport, invoicing or advice, is barred unless notified to YPHOS in writing within twelve (12) months from the delivery of the Products concerned.

Part D — Use of the Website

D1. Where the Website offers the creation of a user account, the Customer provides accurate and complete information, keeps its credentials confidential and is responsible for all activity under its account. YPHOS may suspend or close an account in case of breach of these Terms or of suspected misuse.

D2. The Customer may use the Website only for lawful purposes and for placing enquiries and Orders. The Customer may not use automated means to access, copy or collect content of the Website, attempt to gain unauthorised access to the Website or its systems, interfere with its operation, or transmit any harmful code.

D3. The content of the Website, including texts, images, renderings, videos, product data, software and the look and feel of the Website, is the property of YPHOS or its licensors and may be used only for browsing the Website and placing Orders. Temporary copies made by a browser in the course of normal use are permitted.

D4. The Website may contain links to websites of third parties, for which YPHOS accepts no responsibility. Links to the Website may not present its content as part of another website or in a manner that may mislead the public.

D5. YPHOS may modify, suspend or discontinue the Website or any part of it at any time and does not warrant its uninterrupted availability.

D6. By placing an enquiry or an Order, the Customer agrees to receive from YPHOS the communications necessary for its handling. Commercial communications are sent only as described in our Privacy Notice, and the Customer may object to them at any time free of charge.

Last updated on 29 September 2026.