Terms And Conditions Of Sales

Last updated on 22nd of February 2022

General remarks

1. These conditions of sale govern the sale of Gaia Robotics products (the “Products”) placed through the Gaia Robotics website www.gaiarobotics.gr (“Site”) between GAIA ROBOTICS PC, whose head office is at Odyssea Elyti, 10, Patras (25002), Greece, registered in the trade register of Patras under the VAT No. EL800947261 (“Gaia Robotics”) and the non-professional end-user (“Consumer”) or the professional buying the Products for his internal activities (“Professional”), the Consumer and the Professional being hereinafter collectively referred to as the “Client”.
2. The sale of Products to professionals for their reselling activity (distributors, wholesalers, retailers, pure players) is governed by specific terms and conditions of sale.
3. The purchase by a Client of a Product on the Site implies the Client’s adherence without reservation to these conditions of sale.

Prices – Conditions of payment

4. Products are invoiced at the tariff in force on the date of the order. Prices displayed include the VAT in force. The prices displayed do not include possible duties and taxes that may be claimed by the customs authorities in the country in which the order is delivered.
5. Delivery charges are indicated before the order is placed and, depending on the Products and/or the amount of the order, are either invoiced additionally or borne by Gaia Robotics, as indicated before the order is placed.
6. Payment of the order is made online by credit card (Visa, Carte Bleu, MasterCard, American Express), or via the PayPal system.
7. Products remain the property of Gaia Robotics until the complete price has been paid. The Client is reminded that, as soon as he or she takes physical possession of the Products ordered, the risks of loss or damage of the Products are transferred to him or her.
8. The Client may benefit from discount codes. The Client undertakes to respect their conditions of use. Multiple discount codes may never be used cumulatively for a single order.

Orders and deliveries

9. When the Client places an order, he or she is deemed to have accepted the Product’s price. The contract of sale of a Product is effective upon confirmation of the order by Gaia Robotics, subject to the payment by the Client of the price of the Product in accordance with the provisions above and in compliance with the provisions of article 8 of these general conditions of sale.
10. The Client is asked carefully to complete the fields concerning his or her identification, the invoicing address and the delivery address.
11. The Products ordered on the Site “/en” are delivered only in the following countries: Germany, Austria, Belgium, Bulgaria, Denmark, Spain, Estonia, Finland, Greece, Cyprus, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Romania, Czech Republic, Slovakia, Slovenia, Sweden, UK (“Delivery Zone”). The delivery of the Products won’t be possible in countries not mentioned in the Delivery Zone.
12. The invoicing and delivery addresses may be different.
13. No delivery will be made until the payment has been validated.
14. Depending on the delivery address, deliveries are made by the Gaia Robotics carrier from the Gaia Robotics storage site in Greece within 1 to 5 working days. To track his or her order, the Client is invited to use the tracking number and the link that he or she will receive by electronic mail when the package is sent.
15. The Client may cancel an order before the package has been sent, by making such a request under “Contact” on the Site.
16. If a package is damaged on delivery, the Client must refuse the parcel, tell the carrier of his or her reservations by recorded letter, and contact Gaia Robotics under “Contact” on the Site, at the latest within the 3 days (not included public holidays) that follows reception of the product.
17. If the Product delivered is not the one that was ordered, the Client must return the said Product, following the process described in the article “return process”. The Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition
18. If the delivery address is erroneous, Gaia Robotics will contact the Client to obtain the correct address. If the Client cannot be contacted, the Gaia Robotics carrier will return the package to Gaia Robotics. Where appropriate, the amount previously collected by Gaia Robotics for the order will be reimbursed to the Client within 5 working days counting from the receipt of the package by Gaia Robotics.

Consumer legal cancellation right

19. The Consumer may cancel his or her order without stating any reason within fourteen (14) days. The cancellation period expires fourteen (14) days after the day on which the Consumer, or a third party other than the carrier and designated by the Consumer, takes physical possession of the package or, if the order was delivered in several packages, after the day on which the Consumer takes physical possession of the last package.
In order to exercise his or her cancellation right, the Consumer must go to Gaia Robotics customer support form on www.gaiarobotics.gr/contact. The Consumer has to choose the option “I am a user” > “Problem with an order on Gaiarobotics.gr”. The Consumer has to provide his or her order number and log into his or her account or provide the email address he or she has used for his or her order (if the Consumer has not created an account). If the Consumer order is eligible for cancellation, the Consumer will be able to submit his or her request. The Consumer will then receive an email acknowledging the cancellation request with the instructions to follow. The Consumer may also send the cancellation form by post using the model cancellation form attached to this document, or by any other declaration devoid of ambiguity to the following address: Gaia Robotics PC –Odyssea Elyti, 10, 25002 Patras, Greece.
For the cancellation period to be respected, it is sufficient for the Consumer to send his or her request for cancellation before the cancellation period expires.
20. If the Consumer cancels, Gaia Robotics will reimburse all payments received from the Consumer, including delivery charges (with the exception of supplementary fees resulting from the fact that the Consumer had chosen, where appropriate, a mode of delivery other than the least costly standard mode of delivery offered by Gaia Robotics) without excessive delay and, in all circumstances, by not later than fourteen (14) days from the day on which Gaia Robotics is informed of the Consumer’s decision to cancel. Gaia Robotics will make the reimbursement using the same means of payment as that used by the Consumer for the initial transaction, unless the Consumer expressly agrees to a different means; in any case, this reimbursement will not occasion any fees for the Consumer. Gaia Robotics may postpone reimbursement until Gaia Robotics has received the Product concerned or until the Consumer has provided proof of dispatch of the Product, the key date being whichever of these comes first.
21. The Consumer must return the Product or Products concerned to Gaia Robotics without excessive delay and, in any case, not later than fourteen (14) days after communicating his or her decision to cancel his or her order. This period is considered as having been respected if the Consumer returns the Product or Products concerned before the expiry of the period of fourteen (14) days. Each Product must be returned in its original packaging with all its accessories and documentation, intact and in an “as new” condition.
The Consumer may also refuse the delivery directly to the carrier at the time of delivery of the package and advise Gaia Robotics of his or her decision to cancel the order in accordance with the provisions indicated in article 19 of these conditions of sale.
The Consumer is liable only for the depreciation of the Product or Products concerned resulting from handling other than that necessary to establish the nature, characteristics and correct operation of the Product or Products concerned
22. Notwithstanding the above, and within the limits set by law and any public order measures in force, the Consumer may not exercise his or her right to cancel the order for any software sold with a Product after the software has been activated using the product key supplied with the Product.
23. Articles 19 to 22 apply to a Professional not employing more than five (5) salaried employees and for whom the order does not come within the field of his principal activity.

Return process

24. Before any return of Product, the Client shall make a return request to the after sales service of Gaia Robotics via the online form of its Site, and follow the instructions given. In case instructions would not be followed, Gaia Robotics will assume no risk regarding this return (wrong address, loss of package, etc …).
25. The Product(s) must be identical to that/those listed on the return form provided by Gaia Robotics.
26. When exercising its legal cancellation right (articles 19 to 23 of these conditions of sale), the Consumer bears the fees for the return of the Products.
27. When the Client brings the guarantee into play (articles 28 to 38 of these conditions of sale), Gaia Robotics bears the fees for the return of the Product or Products concerned. When the Consumer chooses to return the Product(s) himself, Gaia Robotics does not bear the costs for the return of the Product(s) and does not assume any risk related to this return (wrong address, loss of package, etc …).

Legal guarantees

28. Legal rights against faulty goods. A Consumer residing in the European Union may enforce against Gaia Robotics the application of the legal rights against faulty goods referred to L.2251/1994 of the Greece Consumer Code if the purchased Product does not conform to contract.
If the Product does not conform to contract, the Consumer may choose between repair or replacement. Gaia Robotics will repair or replace the Product concerned without charge, in accordance with L.2251/1994 of the Greek Consumer Protection Code. The Consumer has a right to obtain a reduction in the purchase price or a termination of the order in the following events:
(a) If repair or replacement of the Product is not possible;
(b) If replacement or repair of the Product cannot be implemented within a reasonable period; or
(c) If replacement or repair of the Product cannot be implemented without major inconvenience for Gaia Robotics.

A minor defect as a result of which repair or replacement is not possible or is excessively expensive does not give a right to the termination of the order. The legal rights against faulty goods cover failures of compliance that occur within two (2) years of the delivery of the Product purchased from Gaia Robotics.
To benefit from the legal rights against faulty goods, the Consumer must notify Gaia Robotics of the faulty Product in writing, either by sending his or her request to Gaia Robotics PC – Odyssea Elyti, 10 – 25002 Patras – Greece, or via the “Customer Service” on the Site. Unless proven otherwise, failures of compliance that appear within twenty four (24) months of the delivery of the Product are presumed to have existed at the time of delivery, unless this presumption is not compatible with the nature of the Product or the nature of the failure of compliance.
The legal rights against faulty goods apply independently of the commercial guarantee indicated in articles 30 to 38 of these conditions of sale.
29. Guarantee against hidden defects. A Consumer residing in Greece may assert against Gaia Robotics the application of the guarantee against hidden defects referred to L.2251/1994 of the Greece Consumer Code if the purchased Product displays a hidden defect that makes it unsuitable for use or that so diminishes such use that the Consumer would not have purchased it, or would only have paid a lower price, if he or she had known of it.
If the Product displays a hidden defect, the Consumer may choose either to return the Product to Gaia Robotics and obtain the reimbursement of the price and the fees occasioned by the sale (such as delivery charges), or to retain it and obtain the return of a part of the price, in accordance with L.2251/1994 of the Greece Consumer Code. An action under the guarantee against hidden defects must be brought within two (2) years of the discovery of the defect, the carrying over of the starting point, the suspension, or interruption of the statute of limitations cannot have the effect of extinguishing the statute of limitations beyond twenty (20) years from the date of origin of the right.
To benefit from the guarantee against hidden defects, the Consumer must notify Gaia Robotics of the hidden defects in writing, either by sending his or her request to Gaia Robotics PC – Odyssea Elyti, 10 – 25002 Patras – Greece, or via “Customer Service” on the Site, and supply proof that the Product was affected by the said hidden defect on the day of the sale.

Commercial guarantee

30. Without prejudice to the application of the legal rights against faulty goods and of the guarantee against hidden defects referred to above, Products are contractually guaranteed for parts and labour against any non-compliance or defect in operation for a period of twenty-four (24) months counting from the date of purchase by the Consumer, the invoice date being definitive (with the exception of wearing parts – batteries, for example, which are guaranteed for six (6) months).
31. Without prejudice to the application of the guarantee against hidden defects referred to above, Products are contractually guaranteed for parts and labor against any non-compliance or defect in operation for a period of twelve (12) months counting from the date of purchase by the Professional, the invoice date being definitive (with the exception of wearing parts – batteries, for example, which are guaranteed for six (6) months).
32. The commercial guarantee is excluded for the following defects and damage:
• damage consequent on improper use or poor handling or incorrect use,
• a modification or deterioration of the Product caused by a fall or accidental impact, a landing in an unsuitable place, defective installation, a Product modification without the prior consent of Gaia Robotics, humidity, inadequate temperature, exposure to a source of heat, excessive pressure, strong wind, rain or atmosphere humidity, sudden changes in altitude, oxidation, the ingress of liquid, dust, sand, breakage, a fall, or the use of inappropriate electrical current, loss of connection with the Product,
• damage resulting from failure to update the Product software,
• loss or damage to your data by a Product,
• defects due to the installation of spare parts not in compliance with the recommendations and instructions provided by Gaia Robotics in its notice to the user or on the site www.Gaiarobotics.gr, or the customization of the Product by the user,
• defects due to a repair or modification made by the user or by an unauthorized third party, apart from an exchange of spare parts provided by Gaia Robotics,
• defects caused by parts not provided by Gaia Robotics in the original Product packaging,
• defects due to any cause other than a defect in materials or manufacture,
• a progressive weakening over time of the capacity of the Gaia Robotics rechargeable battery (where appropriate) which does not constitute a defect in materials or manufacture of the Product,
• Damage caused by use of the Product with a weakly charged or defective battery,
• Damage caused by forced flight when components of the Product were obsolete or damaged,
• any use of spare parts not approved and/or software not developed by Gaia Robotics,
• Products returned incomplete or partially repaired, or those whose serial number has been removed,
• any indirect damage, even if caused by or related to a faulty operation of the Product, with the guarantee only covering the designated Product itself,
• the replacement of components due to normal wear and tear,
• software and its updates,
• damage caused using software not developed by Gaia Robotics
• the modification of a Product made necessary for compliance with the standards or technical and safety specifications special to a country or with any specification that has changed since the delivery of the Product; or any damage resulting from the non-compliance of a Product with the standards or specification in force in a country other than the country of purchase
• any inadequate packaging at the time of the return of the Product to the Gaia Robotics logistical center.
• any accident or natural disaster outside the control of Gaia Robotics, including but not restricted to lightning, water, fire, public disorders and inappropriate ventilation
• any installation or service associated with the installation or uninstallation of the Product
• damage caused by flight that does not respect the recommendations of the user guide
• damage caused by the use of the Products in an environment with electromagnetic waves (mining areas, relay antennas, high-voltage lines, power plants, etc.),
• damage caused by the use of the Products in an environment with interference from other wireless accessories

33. In the event of failure, the Client is asked to contact the Gaia Robotics’ Customer Service via email at support@gaiarobotics.gr to verify whether the defect is accepted under the guarantee.
If the defect is accepted under the commercial guarantee, the Client will be told about the return procedure.
A Product is considered to be defective within the meaning of the present commercial guarantee if the defect reported by the Client is confirmed by Gaia Robotics with reference to the conditions of normal use.
34. The commercial guarantee is expressly limited to free replacement of Products or parts acknowledged as defective by Gaia Robotics, to the exclusion of any compensation for any cause whatsoever, in particular for loss and damage of any kind. Products may be replaced with refurbished Products or spare parts.
35. Replacements made on the basis of the commercial guarantee cannot have the effect of prolonging the initial duration of that commercial guarantee, except in the event of immobilization of the defective Product for more than seven (7) calendar days.
36. Products or parts replaced under the guarantee become the property of Gaia Robotics.
37. If a failure is not accepted under the commercial guarantee, a repair service subject to payment may be offered if an estimate is accepted.
38. The partial or total inability to use the Products, particularly due to non-compatibility of the equipment, shall not give rise to any compensation, reimbursement or claim under the liability of Gaia Robotics,

Compliance with export control regulations

39. The Products may be subject to any applicable export control regulations. In the event of purchase of this type of Product, the Client will be requested to fill in a specific form before the order is finalised.
40. Gaia Robotics reserves the right to refuse any order for which the Client fails to give an undertaking to comply with all applicable export control regulations

Liability and exclusions

41. The provisions contained in this article “Liability and exclusions” shall apply within the limitations of the applicable law and of possible public order provisions.
42. Gaia Robotics cannot be held liable for any damage caused directly or indirectly by any equipment or component not purchased from Gaia Robotics and used with the Products.
43.    Gaia Robotics’ Liability For Damage Caused By The Products Is Only Applicable To (A) Hazards To Life, Physical Integrity Or Health Caused By A Faulty Product; And (B) Any Other Kinds Of Damage, Only In The Event Of Wilful Misconduct Or Gross Negligence.
Any Liability For Material Or Immaterial Damage, (Whether Direct Or Indirect) As Well As For Expenses Caused In Vain, Is Excluded, Including Cases Of Simple Negligence. The Term “Immaterial Damage” Refers To Any Damage Which Is Neither Property Damage Nor Death Or Personal Injury.The Liability Of Gaia Robotics Will Only Subsist In Respect Of A Violation Of The Essential Obligations Under The Present Conditions Of Sale.
44. Gaia Robotics’ liability is excluded in the event of the impossibility for the Client to place an order due to the unavailability of the Site or, if the acceptance of an order is interrupted, in the event that the Product is unavailable when the connection is re-established.
45. Gaia Robotics is not liable for any loss of data that may have been stored during the use of the Products, in particular when the Product is exchanged or repaired. It is the Client’s responsibility to regularly back up the data stored in the Products.
46. Gaia Robotics cannot be held liable in any manner whatsoever for any damage resulting from or arising out of a professional activity. In no event shall Gaia Robotics be held liable for any damage resulting from or arising out of any wrongful use by a Professional of the Product.
47. These conditions of sale do not affect the legal provisions relating to liability for defective products, or any other compulsory legal provision.

Intellectual property

48. Gaia Robotics is and remains the owner of all intellectual property rights relating to the Products and no provision of these conditions of sale may be construed as assigning any intellectual property rights, to the benefit of the Client or any third party.
49. Products, as well as their packaging, are sold under the Gaia Robotics trademark or under a trademark belonging to the Gaia Robotics group.
50. Gaia Robotics PC is and remains the owner of the Gaia Robotics trademark and logo and of any trademark or logo belonging to it.

Personal data

51. Client’s personal data that are collected in the course of the purchase of a Product on the Site are used only for the purpose of executing the order.
52. These data are processed in compliance with Greek and European legislation relating to the protection of personal data. In accordance with those legislations, the Client has a right to access, rectify and delete his or her personal data. Under certain conditions, the Client also has the right to limit or oppose the processing of their personal data.
53. For further information, and/or to exercise his/her rights, the Client is invited to refer to the page dedicated to the collection and processing of personal data on the Site.
54. The Client is responsible of deleting the personal data of its Product before any return to the after sales service of Gaia Robotics.

Applicable Law – Language of the conditions of sale

55. Gaia Robotics PC is a company incorporated under Greek law. Clients who place orders via the Site purchase the Products in Greece. The present conditions of sales are governed by Greek law.
56. These conditions of sale have been written in Greek (Greece). In the event of divergence between a translated version and the Greek version, the latter shall prevail.

Disputes

57. In the event of any problem resulting from or arising out of an order or the delivery of the Products, the Client shall, before taking any action, seek for an amicable settlement, and in particular in the case of a Consumer, with the help of a consumers’ association or any advisor of his or her choice.
58. Pursuant to the terms of Article 14 of (EU) Regulation no. 524/2013, the European Commission has set up an online Disputes Settlement platform, which facilitates the independent online out-of-Court settlement of disputes between consumers and professionals of the European Union. This platform can be accessed from the following address: https://webgate.ec.europa.eu/odr/
59. In the event of disputes with Professionals, the courts for the head office of Gaia Robotics shall have jurisdiction.

– Annex 1 –

Consumer Cancellation Form
If you wish to cancel your order, you can exercise your right to cancellation by completing a form under “Contact” on the Site in the “Gaia Robotics Shops” section or by completing any other declaration devoid of ambiguity and sending it to Gaia Robotics PC under “Customer Service” via email : support@gaiarobotics.gr on the www.gaiarobotics.gr website. If you do not wish to use the “Customer Service” online, you can complete this form and return it to the address shown

************
For the attention of: Gaia Robotics PC, Odyssea Elyti, 10, 25002 Patras, Greece
I/we(*) hereby notify you(*) of my/our(*) decision to cancel the order of the product(s) stated below:
……………………………………………
Order number:……………………………………………
Ordered on(*)/received on(*) :……………………………………………
Your name(s):……………………………………………
Your address:……………………………………………
Date:……………………………………………
Signature:

– Annex 2 –

Legal Rights Against Faulty Goods
L. 2251/1994 of the Greek Consumer Protection Code
The vendor is obliged to deliver a good conform to the contract and is answerable for any lack of compliance existing on its delivery.
The vendor is also answerable for failures of compliance resulting from the packaging, installation instructions or the installation if the latter was made his responsibility by the contract or was effected under his responsibility.
L. 2251/1994 of the Greek Consumer Protection Code
In order to comply with the contract, the good must:
1° Be suitable for the use normally expected of a similar good and, where appropriate:
– correspond to the description given by the vendor and possess the qualities that the latter has presented to the purchaser in the form of a sample or model;
– display the qualities that a buyer may legitimately expect, having regard to the public declarations made by the vendor, by the producer, or by his representative, in advertisements or labelling in particular;
2° Or display the characteristics defined jointly by the parties or be suitable for any special use sought-by the purchaser, made known to the vendor and accepted by the latter.
L.2251/1994 of the Greek Consumer Protection Code
In the event of a default of compliance, the buyer may choose between the repair and the replacement of the property.
However, the vendor may not proceed in accordance with the choice of the buyer if this implies a manifestly disproportionate cost compared with the other option, having regard to the value of the property or the importance of the default. He is then obliged to proceed in accordance with the option not chosen by the buyer, unless this is impossible.
L.2251/1994 of the Greek Consumer Protection Code
Any action consequent on a failure of compliance is limited to two years counting from the delivery of the good.

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Guarantee Against Hidden Defects

According to Articles 1 to 9 of the L.2251/1994 of the Greek Consumer Protection Code
The vendor is liable under the guarantee against hidden faults in the good sold that make it unsuitable for the use for which it is intended, or that so diminish this use that the purchaser would not have purchased it, or would only have given a lower price, if he or she had known of them.
He is required to guarantee against hidden defects, even if he was unaware of them, unless he had stipulated in this case that he would not be obliged to give any guarantee. In this case, the buyer may choose to return the object and have the price returned to him, or to retain the object and have part of the price.
An action resulting from hidden defects must be initiated by the purchaser within two years of discovering the defect.