Terms and Conditions

Last updated: January 12, 2024

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Please read these terms and conditions carefully before using Our Service.

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Interpretation and Definitions

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Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Account means a unique account created for You to access our Service or parts of our Service.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to KLIMATEX LTD, P.O. Box 24872, Nicosia, Cyprus, 1304. VAT Registration No.: CY10039428Q, Govt. UID CY12039428S

• Country refers to: Cyprus

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Service refers to the Website.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to THINK TEMPERATURE by KLIMATEX, accessible from www.klimatex.com.cy

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

 

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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Communications

By creating an account on our Website, you agree to be bound by these Terms.

You may choose to consent to subscribing to newsletters and receiving marketing or promotional materials and other information we may send You. However, You may opt out of receiving any, or all, of these communications from Us by following the opt-out links on any marketing message sent to You or by contacting Us at any time.

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Purchases

If You wish to purchase any product made available through the Website (“Purchase”), You will be asked to register with Us first by supplying certain information relevant to Your Purchase including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. Before proceeding to register with Us by creating an account and completing a purchase, We ask that You carefully read these terms and conditions and Our Delivery & Returns policy as these will bind You and Your account and Your purchases. Our products offering are non-binding. By placing an order in Our Website as the order summary requires, the customer makes a binding offer to Us.

You represent and warrant that: (i) You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information You supply to Us is true, correct, and complete.

The Website may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting Your information, You grant Us the right to provide the information to these third parties subject to Our Privacy Policy.

We reserve the right to refuse or cancel Your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in Your order or other reasons.

We reserve the right to refuse or cancel Your order if fraud or an unauthorized or illegal transaction is suspected.

 

How We will accept Your order

Our acceptance of Your order will take place when We email You to accept it, at which point a contract will come into existence between You and Us.

If We cannot accept Your order. If We are unable to accept Your order, We will inform You of this in writing and will not charge You for the product. This might be because the product is out of stock, because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the product or because We are unable to meet a delivery deadline You have specified.

We only sell in Cyprus. Prices listed on the Website include the corresponding VAT. Other charges may be applicable for the delivery of Your order.

 

Your rights to make changes

If You wish to make a change to Your order please contact Us immediately using the contact details at the end of this page. We will let You know if the change is possible. If it is possible, We will let You know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of Your requested change. If We cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the contract (see below clause).

 

You can always end Your contract with Us

Your rights when You end the contract will depend on what You have bought, whether there is anything wrong with it, how We are performing and when You decide to end the contract.

For most products bought online You have a legal right to change Your mind within 15 days after the day You receive Your order, for any reasons, and receive a refund but You may have to pay the costs of the return. After this 15 day period passes We reserve the right to refuse the return of the products. Please refer to Our delivery and returns policy for more details. If You cancel Your order within the specified timeframe, We will refund You for the order. For this repayment, We will use the same means of payment as You used in the original transaction, unless expressly agreed otherwise with You. We may refuse repayment until We have received the goods back or until You have provided proof that You have returned the goods, whichever is the earlier. You must return the goods to Us immediately and in any event not later than 15 days from the date on which You inform Us of the cancellation of this contract. The deadline is met if You send the goods before the deadline of 15 days. You bear the immediate costs of returning the goods. Please refer to Our Delivery and Returns policy for more information on returns.

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Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Website. We may experience delays in updating information on the Website and in Our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products may be mis-priced, described inaccurately, or unavailable on the Website and We cannot guarantee the accuracy or completeness of any information found on the Website. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We do not guarantee that Our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our site for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access Our site through Your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that Our site will be secure or free from bugs or viruses. You are responsible for configuring Your information technology, computer programs and platform to access Our site. You should use Your own virus protection software.

The images of the products on Our Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your product may vary slightly from those images.

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Prices

Our prices are as indicated in the description of the products excluding VAT and are in EURO. Other charges may be applicable for the delivery and or assembly of Your order. Prices for Our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

We accept the following methods of payment: Credit/Debit cards from VISA and MASTERCARD and other providers and the payment for Your Purchase will be processed by Stripe. Your payment card will be debited as soon as You purchase the products. In the event that We encounter any type of problem while trying to process Your payment, We will contact You and advise You on how to proceed in order to resolve the issue.

 

Delivery conditions

Delivery of the products occurs from a courier of Our choice to the address given by the customer in accordance with Our Delivery Policy.

You must make sure that You have provided Us the correct and complete address in which the order will be delivered. In the case of providing a false or faulty address extra costs will be charged for a new delivery to the correct address, which costs shall be borne by You.

 

Liability for faulty products and warranty conditions

The Statutory liability for fault product applies.

The color of the products may be deviated from the one presented in Our website depending on the screen and graphics card setting.

If the manufacturer of a product provides guaranty that it remains unaffected by this regulation.

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Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

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Content

Our Service allows You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that You post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (You own it) and/or You have the right to use it and the right to grant Us the rights and license as provided in these Terms, and (ii) that the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. We take no responsibility and assume no liability for Content You or any third party posts on or through the Service. However, by posting Content using the Service You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

We have the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from Us.

You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to Our site in any website that is not owned by You. Our Website must not be framed on any other site, nor may You create a link to any part of Our site other than the home page. We reserve the right to withdraw linking permission without notice.

 

Accounts

When You create an account with Us, You guarantee that You are above the age of 18, and that the information You provide Us is accurate, complete, and current at all times. Inaccurate, incomplete, or false information may result in the immediate termination of Your account on the Service.

You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to Your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under Your account and/or password, whether Your password is with Our Service or a third-party service. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Our sole discretion.

 

Intellectual Property

The Website and its content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Our Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Republic of Cyprus and foreign countries. Our trademarks, trade names and copyright cannot be republished, reproduced, copied, sold, edited, reverse engineered or otherwise modified or used by You without the prior written consent from Us.

We are the owner or the licensee of all intellectual property rights in Our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on Our Website for commercial purposes without obtaining a license to do so from Us or Our licensors.

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Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

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Indemnification

You agree to defend, indemnify and hold harmless Our Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) Your use and access of the Service, by You or any person using Your account and password; b) a breach of these Terms, or c) Content posted on the Service.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 EUR if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

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Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

According to EU Regulation No. 524/2013 (Online Dispute Resolution in Consumer Affairs), the European Commission provides a platform (called the “OS platform”) in which You as a consumer in disputes with Us as an Internet merchant through Your online purchase contracts or online service contracts can apply for out-of-court dispute resolution.

The online dispute resolution platform is available here. 

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability and Waiver

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Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: klimatex@cytanet.com.cy

By visiting this page on our website: https://www.klimatex.com.cy/contact

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