1. SUMMARY
| WARRANTY STATEMENT | |
| COMPANY | YPHOS P.C. |
| PRODUCT TYPE | UNDERWATER LIGHTS & OTHER YPHOS PRODUCTS |
| MATERIAL SCOPE | Satisfactory quality; With the characteristics set out in our Website and / or User Manual, if any, and Free from manufacturing defects. |
| GEOGRAPHICAL SCOPE | Worldwide |
| DURATION | Twenty four (24) months unless different term explicitly defined on our website or your order documents |
| WARRANTY FEE | Free of Charge |
| REPLACEMENT FEE DURING REPAIR | ½ of the Product list price + transport costs |
| CONTACT DETAILS | info@yphos.com |
2. Definitions
For the purposes of these Terms of Sale the following definitions shall apply:
2.1. “Defect” – A characteristic of a Product which results in a lack of the expected performance according to the specifications of the Product or in a lack of reasonably expected safety in view of all the specific conditions of the Product and, in particular, its appearance, its expected use and the time at which it was released.
2.2. “Distributor” – Any third party, which is authorized to sell our Products under the terms of a valid distribution agreement. Our current list of authorized distributors is enlisted in the Annex to this Warranty Statement and is also available online in our Website.
2.3. “Products” – Any products manufactured and /or sold by YPHOS PC or its authorized distributors.
2.4. “Statement” – The terms of the Warranty included in this Statement of Commercial Warranty.
2.5. “Terms of Sale” – The online Terms of Sale available at the homepage of our Website, which regulate the supply of our Products and are binding to You.
2.6. “User Manual” – The material accompanying the Product, which contains Our guidelines and specifications about its appropriate installation and usage.
2.7. “Warranty” – The commercial warranty stipulating our obligations towards You regarding the quality of any Products purchased through our Website or directly from YPHOS, which is regulated by the present Statement.
2.8. “We” or “Us” – Our business with the distinctive title «YPHOS» and registered offices at 14km Athens-Lamia HWY 14564 Kifissia, Athens, Greece.
2.9. “Website” – The world wide website which is accessible through the domain name https://yphos.com/ including all of its webpages.
2.10. “You” – The person who purchases our Products.
3. Scope
3.1. This Warranty is only applicable to Products supplied by Us through our Website or by our Distributors.
3.2. We do not offer any kind of commercial warranty for Products purchased by third parties other than YPHOS P.C. or its authorized Distributors.
3.3. This Warranty covers the sale of any of our Products worldwide.
4. Warranty Coverage
4.1. We guarantee that our Products shall be (i) of satisfactory quality, (ii) with the product characteristics set out in our Website and / or User Manual, and (iii) free from manufacturing defects, when installed and used according to our guidelines and specifications.
4.2. Notwithstanding any other provisions stipulating otherwise in the current Statement, this Warranty is provided to You free of charge in a written document accompanying our Products or online in our Website.
4.3. Should you request for replacement, while the Product is being repaired by virtue of this Warranty and the repair last for a period of more than fifteen (15) days, the provision of a replacement for the period of repair will be subject to a fee amounting to half of the price of sale of the Product under repair in addition to any costs of delivery and return of the replacement.
4.4. This Warranty is provided to Your benefit alongside the legal guarantee stipulated under Directive 1999/44/EC and article 6a of Greek Law 2251/1994, as each time in force and effect. Nothing in this Warranty shall prejudice any of your rights, as stipulated in the statutory provisions above. You have the right to choose between exercising your statutory rights under the foregoing laws or claiming service under this Warranty.
5. Warranty Period
5.1. This Warranty will last for a period of two (2) years from the date of of sale of the relevant Product unless otherwise specifically mentioned on our website, or on your order documentation.
5.2. The foregoing two (2) year duration shall not be renewed in case that the relevant Products are repaired or serviced by Us by virtue of this Warranty or in any other way whatsoever.
6. Exemptions
6.1. This Warranty does not apply in the following cases:
6.1.1. Installation and / or Uses not in line with the User Manual;
6.1.2. Defects caused by abuse, neglect, improper installation, or failure in applications other than those for which the Product was designed, intended, and marketed;
6.1.3. Alteration or modification of the Product without Our written consent;
6.1.4. Damage caused by use of third-party products / components or service;
6.1.5. Damage of cosmetic nature, such as scratches, dents or broken elements;
6.1.6. Consumable parts which diminish over time, such as lamps, batteries, coatings, intensity or finishing;
6.1.7. Defects arising due to a cause beyond the Company’s reasonable control, such as natural disasters, floods, tempest, explosion, fire or accident, war or threat of war, national emergency, sabotage, terrorism, insurrection, protest, riot, epidemic, civil disturbance or requisition; laws, regulations or administrative acts, prohibitions or measures of any kind on the part of any governmental or administrative authority; import or export regulations or embargoes, strikes or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
7. Responsibilities
7.1. As soon as you discover a problem in a Product, you ought to refrain from any kind of usage of such Product and take all safety measures, including its disconnection from the power feed and its removal from contact with water.
7.2. We will not be liable for any breach of the Warranty unless You abide by the following conditions:
7.2.1. Follow the claim procedure described in this Warranty Statement.
7.2.2. Truthfully provide all the requested information in relation to the claim, where this is reasonably possible.
7.2.3. Return the relevant Product to our place of business at Your own cost, regardless of the outcome of the claim.
8. Claim Procedure
8.1. In order to submit a valid claim, you must notify YPHOS within ten (10) days from the date that you discover that there may be a problem with the Product.
8.2. If available, before submitting a warranty claim, you are requested to follow the troubleshooting guidelines, as described in our User Manual. During the troubleshooting You may contact us for help and advice.
8.3. 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 or email us 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 applicable;
- Proof of purchase from Us or an authorized distributor of Ours.
8.4. In the process of evaluating Your claim, we may need to request for more information on the Product installation and use, source of the defects and related problems and / or evidence thereof.
8.5. In case that it does not comply with the provisions of this Warranty Statement, We may reject Your claim by giving specific grounds of justification.
8.6. If Your claim is provisionally accepted, You will be required to return the faulty Product to our registered seat at Your own expense.
8.7. As soon as we receive Your Product, we will investigate the source of the problem(s) and inform You whether Your claim has been finally accepted or not.
9. Warranty Service
9.1. Following the receipt of the Product and the final acceptance of a claim, we will at our sole discretion either repair or replace the faulty Product or refund its sale price to You.
9.2. You shall be responsible to pay for the transportation costs of the return.
10. Liability
10.1. Notwithstanding the relevant provisions of the Terms of Sale, this article sets out the entire liability of YPHOS P.C. to You in respect of or in relation to the Warranty, including any liability for the acts or omissions of its employees, agents, distributors and sub-contractors.
10.2. 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.
10.3. 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, distributors, agents or sub-contractors done in willful misconduct or gross negligence, 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 us.
10.4. Accordingly, YPHOS shall not be liable to you in respect of any acts or omissions of its employees, distributors, agents or sub-contractors done in ordinary negligence as well as for 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 (however caused) which arise out of or in connection with the Warranty.
10.5. In all cases, the liability of YPHOS is limited to the amount equal to the original price paid to YPHOS of the relevant product excluding shipping costs, import fees, taxes or duties where applicable.
10.6. Specifically, the cost of troubleshooting, inspection, service, removal, installation, hauling or similar services are not covered by YPHOS under this warranty.
11. Applicable Law & Jurisdiction
11.1. For any dispute between You and YPHOS arising from or in relation to the use of our Website and our Products these terms of Warranty 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.
12. General Terms
12.1. The present Terms of Warranty, our Terms of Sale 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.
12.2. Except as otherwise provided, if any provision of the present Warranty Terms is held to be invalid, void or for any reason unenforceable by force of law, it will be excluded from this Warranty and shall not affect the validity and enforceability of the remaining provisions.
12.3. 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 or products actually received or prepared for you.
13. CONTACT
13.1. We can be contacted as follows:
Corporate Name: YPHOS P.C.
Registered Seat: 14 km Athens-Lamia Highway, 14564 Kifissia, Athens, Greece.
E-mail: info@yphos.com
13.2. 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 and upon receipt notification by an YPHOS employee. All notices given by post shall be deemed to have been delivered fifteen (15) days after shipment.