1. Introduction
This website, available at www.kumatsugentools.com (hereinafter the “Website”), is owned by the société anonyme (S.A.) operating under the corporate name “D. NIKOLAOU TOOLS S.A.”, with its registered office in the Industrial Area of Markopoulo Attica, at the location “Dorovateza”, registered with the General Commercial Registry (G.E.MI.) under registration number 8095301000, holding Greek Tax Registration Number (VAT No.) 095255031, and duly represented (hereinafter the “Company”).
Through the Website, the Company provides information regarding its business, products and services, commercial catalogues, technical support and after-sales services, its network of partners, as well as any other related information or services made available electronically.
Access to, browsing of, and use of the Website are subject to the unconditional acceptance of these Terms of Use. By accessing or using the Website, each visitor acknowledges that they have read, understood and fully accepted the content of these Terms.
If a user does not agree with any provision of these Terms, they must immediately discontinue use of the Website and its services.
The Company reserves the right to amend, update or revise these Terms of Use at any time, without prior notice, to the extent permitted by applicable law. Any amendment shall become effective upon its publication on the Website. Users are advised to review the Terms of Use periodically before each use of the Website.
For users holding an account granting access to the Company’s B2B services, continued use of such account following any amendment of the Terms of Use constitutes acceptance of the amended Terms. If a user does not wish to be bound by the amended Terms, they may request the deactivation of their account by sending a relevant request to info@kumatsugentools.com.
2. Governing Law – Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Greece and the applicable laws of the European Union.
Any dispute arising out of or in connection with the access to or use of the Website, or relating to these Terms of Use, shall, unless otherwise provided by mandatory provisions of law, fall within the exclusive jurisdiction of the competent courts of Athens, Greece.
Any failure or delay by the Company to exercise any right arising from these Terms of Use or applicable law shall not constitute or be construed as a waiver of such right. The failure to exercise any right in a particular instance shall not prevent its exercise at a later time, nor shall it affect any other legal right of the Company.
To the maximum extent permitted by applicable law, the Company, its directors, officers, employees, affiliates, contractors, and any third party involved in the creation, development, operation, or maintenance of the Website shall not be liable for any direct, indirect, incidental, consequential, or special damages, including, without limitation, loss of profits, data, or business opportunities, arising out of or in connection with access to, use of, or inability to use the Website, except where such liability results from wilful misconduct or gross negligence, as provided by applicable law.
Should any provision of these Terms of Use be held invalid, illegal, or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected and shall continue in full force and effect to the maximum extent permitted by law.
3. Information Provided – Availability of Services – Limitation of Liability
The Company makes every reasonable effort to ensure that the content of the Website, including information relating to products, technical specifications, photographs, descriptions, catalogues, prices, and any other available material, is accurate, complete, and up to date at the time of publication.
Notwithstanding the foregoing, the Company does not warrant that all information contained on the Website is free from typographical errors, technical errors, omissions, or inaccuracies. The Company reserves the right to correct, amend, update, or remove any information published on the Website at any time and without prior notice.
The information provided through the Website is for informational purposes only and shall not constitute a binding offer to sell or enter into any contract, unless expressly stated otherwise.
The Company makes every reasonable effort to ensure the continuous, secure, and uninterrupted operation of the Website. However, it does not guarantee that the Website will operate continuously, without interruption, or free from technical errors, malfunctions, or temporary unavailability.
Access to and use of the Website are entirely at the user’s own risk. Users are responsible for taking appropriate technical and organisational measures to protect their equipment, systems, and data, including the use of up-to-date software against malware, viruses, and other cyber threats.
The Company implements reasonable security measures to protect the Website. Nevertheless, it cannot guarantee that the Website, its servers, or any electronic files made available through it are free from malware or other harmful components.
The downloading, storage, or use of any files or informational material available through the Website is undertaken solely at the user’s own risk.
To the fullest extent permitted by applicable law, the Company shall not be liable for any direct or indirect loss or damage arising from:
- temporary or permanent interruption of the Website’s operation;
- technical malfunctions or software or hardware failures;
- delays in or failure of data transmission through communication networks;
- loss, alteration, or destruction of data;
- unauthorised access to information systems;
- malware attacks, cyberattacks, or other acts of third parties; or
- force majeure events or circumstances beyond the Company’s reasonable control.
The above limitations shall not apply where liability cannot be excluded or limited under mandatory provisions of applicable law.
4. Intellectual and Industrial Property Rights
All content available on the Website, including, without limitation, texts, photographs, images, designs, logos, trademarks, distinctive signs, graphics, videos, technical specifications, files, product catalogues, software, databases, and any other informational or audiovisual material, constitutes the intellectual and/or industrial property of the Company or of third parties who have lawfully granted the Company the relevant rights of use. Such content is protected under Greek, European Union, and international intellectual and industrial property laws.
Access to the Website shall not be construed as granting, whether expressly or by implication, any licence or right to use any of the Company’s intellectual or industrial property rights.
Without the Company’s prior written consent, it is strictly prohibited, in whole or in part, to:
- copy;
- reproduce;
- store;
- publish;
- distribute;
- transmit;
- download or upload;
- modify;
- adapt;
- create derivative works from;
- commercially exploit;
- republish; or
- otherwise use
any content of the Website, by any means or in any form, whether electronic or otherwise.
Users are permitted only to temporarily display or store individual items of Website content for personal, non-commercial use, provided that the content remains unaltered, all copyright and proprietary notices are retained, and the rights of the Company or any third party are not infringed.
The use of the Company’s trademarks, logos, trade names, or any other distinctive signs without prior written authorisation is strictly prohibited.
Any unauthorised use of the Website’s content constitutes a violation of applicable law and entitles the Company to pursue any legal remedy available for the protection of its rights and legitimate interests.
5. Use of Trademarks – Protection of Distinctive Signs – Resellers’ Obligations
These provisions apply to every business partner, professional customer, or reseller of the Company who markets or promotes the Company’s products, irrespective of the sales or promotional channel used, including, without limitation, physical stores, online stores, online marketplaces, or social media platforms.
The lawful purchase or supply of the Company’s products does not automatically grant any licence to use the Company’s trademarks, logos, distinctive signs, trade names, photographs, technical descriptions, or any other protected material.
Any use of the above is permitted only upon the Company’s prior written approval and solely for the duration and under the conditions specified by the Company.
Resellers shall use the Company’s distinctive signs in a manner that:
- preserves the Company’s reputation, credibility, and goodwill;
- does not create misleading impressions regarding the commercial relationship between the parties;
- does not create a likelihood of confusion among consumers; and
- does not infringe the Company’s intellectual or industrial property rights.
Upon the Company’s request, resellers shall provide the URLs of the websites, online stores (e-shops), marketplace accounts, or social media accounts through which they advertise or sell the Company’s products.
Without limitation, resellers are prohibited from:
- a) using the Company’s trade name, trademarks, logos, or other distinctive signs in a manner that may falsely suggest that they are a branch, official representative, or authorised distributor of the Company, where this is not the case;
- b) using the Company’s photographs, product descriptions, technical specifications, product codes, catalogues, or other protected content without prior written authorisation, where such authorisation is required;
- c) using packaging, labels, or other materials bearing the Company’s trademarks in connection with products manufactured or supplied by third parties;
- d) altering or modifying the Company’s trademarks, logos, photographs, or any other element of its corporate identity;
- e) engaging in acts constituting unfair competition, misleading commercial practices, or taking unfair advantage of the Company’s reputation and goodwill; or
- f) making any use of the Company’s intellectual or industrial property rights in violation of applicable law.
Resellers shall act in accordance with the principles of good faith, fair commercial practice, and fair competition, and shall refrain from any conduct that could adversely affect the Company’s reputation, credibility, or legitimate interests.
Any retail prices displayed in the Company’s catalogues, on the Website, or in any other promotional material are provided solely for informational purposes and constitute recommended retail prices (RRP). Resellers remain entirely free to determine the final selling prices of their products in accordance with applicable competition laws.
In the event of any unlawful or unauthorised use of the Company’s trademarks, distinctive signs, or any other intellectual or industrial property rights, the Company reserves the right to take all appropriate legal measures to protect its rights and interests, including seeking injunctive relief, requiring the cessation and prevention of the infringement, and claiming compensation for any direct or consequential damages, in accordance with applicable law.
6. User Obligations and Liability
Users shall use the Website in compliance with applicable Greek and European Union legislation, these Terms of Use, the principles of good faith, and accepted business practices.
Users shall refrain from any action that may compromise the security, availability, or proper operation of the Website or cause damage to the Company, its business partners, or any third party.
Without limitation, users are prohibited from:
- using the Website in violation of applicable law;
- attempting to gain unauthorised access to information systems, databases, or user accounts;
- interfering with or attempting to interfere with the operation of the Website or its infrastructure;
- introducing or transmitting malware, viruses, or any other harmful digital content;
- using automated tools, including bots, scripts, crawlers, or similar technologies, to collect or extract data from the Website without the Company’s prior written consent;
- infringing the intellectual or industrial property rights of the Company or any third party; or
- engaging in any activity that may adversely affect the security, integrity, or functionality of the Website.
Users shall be solely liable for any damage caused to the Company or to third parties as a result of unlawful or improper use of the Website.
The Company reserves the right to suspend or permanently terminate a user’s access to the Website or any of its services where it determines that these Terms of Use or applicable law have been violated.
The Company shall cooperate with any competent administrative, judicial, or law enforcement authority where required by applicable law or pursuant to a lawful request.
7. Links to Third-Party Websites
The Website may contain hyperlinks to third-party websites or electronic services solely for the convenience of users.
The inclusion of such links does not constitute approval, endorsement, adoption, or warranty by the Company regarding the content, services, or policies of those third-party websites.
The Company exercises no control over the content, operation, availability, or privacy practices of third-party websites and accepts no responsibility or liability for any loss or damage arising from access to or use of such websites.
Users access third-party websites entirely at their own risk and are responsible for reviewing the applicable terms of use and privacy policies of the respective providers.
8. Personal Data Protection
The Company processes users’ personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), the applicable laws of Greece, and all other applicable legislation governing the protection of personal data.
Information regarding the categories of personal data collected, the purposes and legal bases of processing, data retention periods, the rights of data subjects, recipients of personal data, and all other relevant information is provided in detail in the Privacy Policy, which forms an integral part of the operation of the Website.
Use of the Website may require the use of cookies or similar technologies, in accordance with the Company’s applicable Cookie Policy.
Any communication submitted by users to the Company through the contact details provided on the Website shall be used exclusively for the management of the relevant request and processed in accordance with the Privacy Policy.
The Company implements appropriate technical and organisational measures to protect personal data against unauthorised access, loss, alteration, or any other unlawful processing, in accordance with the requirements of applicable data protection legislation.
Nothing in these Terms shall affect any mandatory consumer rights under applicable law.