Kosmocar Terms & Conditions

Astypalea Project – Terms of Use for Website and Sales

Thank you for visiting this website and for your interest in our products and services.

1. General

1.1.       In order to establish a pioneer mobility system in Astypalea, the existing transportation system in the island will be gradually replaced by the use of electric vehicles, in conjunction with the production of renewable energy, in order for Astypalea to become a model island for e-mobility and energy autonomy (Project Astypalea). In the context of Project Astypalea, the Volkswagen Group (VW Group) and Kosmocar, which is the official importer of the VW Group in Greece, offer economic incentives to the residents of Astypalea to purchase electric vehicles, exclusively in combination with the incentives offered by the Hellenic Republic and the applicable conditions set by the latter.

1.2.       This document includes the terms of use of this website and the terms of sales (the Terms), of the company “KOSMOCAR Α.Ε. INDUSTRIAL AND COMMERCIAL SOCIETE ANONYME FOR THE TRADE OF VEHICLES AND MACHINERY”, with registered seat in Athens (53 Miliaraki Str, P.C. 111 45), with Tax Registration Number 094029054 and General Commercial Registry (GEMI) Number 000270601000 (hereinafter “we”, “us”, “our”, “Kosmocar“), in relation to the sale of electric vehicles, electric scooters (eScooter) and chargers (the Products) exclusively to the residents of Astypalea (the Customers or the Customer) in the context of Project Astypalea. Where in these Terms the word “Products“ is used in plural, it also refers to a single Product. You agree that the use of this website by you, will take place only in accordance with the Terms. The Products and their characteristics are analytically available here.

1.3.       The Terms apply to the sales of Products presented in this website (the Website). We kindly request that you thoroughly read these Terms before declaring any interest and/or placing your order. It is noted that certain information at the home page of the Website and at the sections of the Website “Model Overview“, “About the project“, “Newsroom“, “News Page“ and “Incentives for the residents of Astypalea“ are offered by the VW Group.

1.4.       By submitting an Declaration of Interest via the Website, you confirm that you are an adult as per the legal provisions (18 years) and that you are legally capable to transact.

1.5.       The Products are offered by Kosmocar to the Customer at a special preferential purchase price (the Discounted Price) which includes only the discount offered by the VW Group and Kosmocar (the Discount). The Customer is entitled to an additional monetary subsidy from the Hellenic Republic (the Subsidy), provided that he/she meets the conditions described in the official platform “e-Astypalea“ of the Hellenic Republic (“e-Astypalea“). In order to be granted the Discount, the Customer must be a beneficiary of the Subsidy and a non-beneficiary cannot transact with Kosmocar via the Website.

1.6.       The Website informs the Customer about the initial retail price, the Discounted Price as well as the Subsidy which does not affect the Discounted Price. Kosmocar has absolutely no involvement or responsibility in relation to the payment or not of the Subsidy by the competent State bodies to the Customer.

1.7.       The descriptions of the Products offered at the Website may change, depending on their availability or for other reasons, without prior notice.

2. Procedure for submitting a Declaration of Interest and placing the Final Order

2.1.       The stages until the completion of the order for Products via the Website are as follows:

2.1.1 The Customer choses one or more Products and the characteristics thereof (model, colour, rims matching the Product) and adds them to his/her “Basket“. The Customer is entitled to order a Product disjunctively, i.e. either an electric car, or an eScooter, but not both, or more than one items. The Customer is entitled, if he/she so wishes, to order only one charger.

2.1.2 The Customer, after reviewing all products he/she has put in the “Basket“ and if he/she agrees with the Discounted Price, confirms that he/she wishes to submit a Declaration of Interest Form (the Declaration of Interest) to Kosmocar. In any case, before submitting the Declaration of Interest, the Customer will be asked to confirm that (i) he/she is a beneficiary for the Project Astypalaea according to the conditions set out at the official e-Astypalea platform and (ii) he/she has read and agrees with the Terms, by ticking the respective box. Without such confirmation, the Customer will not be able to submit a Declaration of Interest.

2.1.3 The Customer submits a Declaration of Interest by providing his/her personal details to Kosmocar and in the same time creates a user account with the Website. Immediately after submitting a Declaration of Interest, the Customer will receive an e-mail at the e-mail address he/she has provided, by which Kosmocar will confirm the acceptance of the Declaration of Interest and that an account has been created. The said e-mail will also include the relevant information for the Products selected by the Customer and an analysis of the Discounted Price (with reference to the Subsidy). The receipt of the said e-mail by the Customer does not constitute nor entails an acceptance of an order for Products and is neither an official financial offer by Kosmocar.

2.1.4 One of Kosmocar΄s agents will contact the Customer by phone and will send by e-mail to the e-mail address the Customer has provided, the financial offer by Kosmocar on the basis of the Discounted Price (Kosmocar΄s Financial Offer). If the Product is unavailable, Kosmocar΄s agent may suggest alternative options to the Customer, during such telephone contact.

2.1.5 The Customer submits the Kosmocar΄s Financial Offer to the e-Astypalea platform, together with any other supporting documentation required by the programme, in order to obtain the approval for the Subsidy (the Subsidy Approval) (procedure at e-Astypalea, see here).

2.1.6 The Customer uploads at the Website, the Subsidy Approval documentation and more specifically the (subsidy certificate, [?] [?] [?]). In case the Customer does not proceed with this step within one (1) month from the issuance of the Financial Offer, the Declaration of Interest is deemed as not submitted, the relevant Financial Offer of Kosmocar ceases to have effect and Kosmocar has absolutely no obligation towards the Customer.

2.1.7 Following the due completion of the above actions, one of Kosmocar΄s agents will contact the Customer by phone for the completion of the order (the Order). Thereafter, Kosmocar will send to the Customer in written form by e-mail (at the e-mail address the Customer has provided): (a) an order agreement for the purchase of Products with payment obligation, which, after being signed and returned by e-mail to Kosmocar from the Customer, will constitute a binding contract between the Customer and Kosmocar and then (b) the preliminary purchase form of Kosmocar with the Discounted Price, which will make reference to the method of payment and to any advance payment obligation; in this case the Customer must fully pay the price for the Product, in accordance with the provisions of clause 3 below. The above agreement will only relate to the Products the supply of which has been confirmed by Kosmocar in the preliminary purchase form. Kosmocar is not obliged to supply the Customer with other Products that may be included in the Order, if it has not previously sent a relevant preliminary purchase form to the Customer.

Each Order is subject to acceptance by Kosmocar, which reserves the right to proceed to the identification of the customer by all appropriate and legal means, for reasons related to the security of transactions.

2.1.8 Thereafter, the Customer must file the above offer to the e-Astypalea platform and follow the procedure described therein, so as to conclude the Subsidy process.

2.2.       The Customer confirms that all his/her personal data as well as the documents which relate to the Subsidy and are disclosed by him/her to Kosmocar, are true, accurate and do not violate the regulations of the Subsidy or the Greek legislation. In case this clause is breached, Kosmocar reserves any of its legal rights.

3. Prices and Payment

3.1.       The prices set out at the Website are expressed in EURO and include the applicable VAT. They also include the initial retail price, the Discount and the Subsidy. It is clarified that only the beneficiaries of the Subsidy are also beneficiaries of the Discount, based on the provisions of the e-Astypalea platform and only for the Products to which the application for a Subsidy relates.

3.2.       The prices set out at the Website may change at any time. In this case, prices which have been confirmed in the binding contract mentioned in clause 2.1.7 (order agreement) will remain unaffected.

3.3.       The products will be delivered to Astypalea without any additional cost for the Customer.

3.4.       You may pay for the Products ordered (including any delivery costs) only by wire transfer to the following bank accounts of Kosmocar:

       

3.5.       No dispatch (or delivery) of Products is possible before the full settlement of the Order value.

3.6.       Any Products you purchase will be accompanied by the respective tax document (dispatch note and invoice) provided for by Greek tax legislation. Upon settlement of the Order, the relevant payment receipt will be dispatched to you. The necessary tax document will accompany the Products you have ordered upon their delivery to you.

4. Delivery

4.1.       The estimated delivery times will be communicated to you by a Kosmocar΄s agent and are stipulated in the binding contract described in clause 2.1.7 (order agreement). The delivery times are  indicative and may be differentiated with respect to the conditions prevailing from time to time (such as strikes, weather conditions, delays in transportations and customs offices etc.).

4.2.       You accept the estimated delivery time communicated to you by Kosmocar as above, which may be over thirty (30) days from the binding contract described in clause 2.1.7 (order agreement). In case of failure of delivery within the estimated delivery time, we will contact you in order to schedule a new delivery date. 

4.3.       We will deliver the products in Astypalea at an address/delivery point that will be communicated to you by a Kosmocar΄s agent.

5. Right of withdrawal - Returns

5.1.       You are entitled to withdraw from the contract within fourteen (14) days without explaining the reasons for such withdrawal. The withdrawal period ends 14 days after the date you acquire the physical possession of the Products ordered or of the last Product dispatched (in the case of multiple deliveries). It is pointed out that your potential withdrawal may create for you an obligation to return the Subsidy you may have been granted, to the competent body of the Hellenic Republic.

5.2.       In order to exercise your right of withdrawal, you must inform us in writing for your decision to withdraw from the agreement with a clear statement (e.g. letter by post or by e-mail) using the contact details set out in clause 9.8 below. Alternatively, you may use the withdrawal form which is available here and send it to us by e-mail at customercare@kosmocar.gr. Once we receive your request, we will contact you in order to schedule further actions that will be required.

5.3.       Only new, unused and undamaged Products, in their original condition and accompanied by all relevant technical and warrantee documents and their package (if still in place) will be accepted for return.

5.4.       You are obliged to return the Products to us at you own cost, within fourteen (14) days from the date on which you informed us that you wish to withdraw from the contract. After the acceptance and inspection of each Product returned, we will reimburse you with any amount you paid to us for its purchase. The cost for the return of Products shall be borne by you, which is estimated at a maximum of approximately: 500 EUR for cars, of 300 EUR for scooters and 100 EUR for chargers. 

5.5.       We are entitled to subtract from the amount we will return to you, any amount that corresponds to any damage or loss of value of the Product we supplied to you, in accordance with the provisions of the laws on consumer΄s protection. It is pointed out that in case the Product is a vehicle, the loss of value in case of unnecessary use by the Customer may correspond to a substantially high amount.  

5.6.       You are obliged to return the Products to us without unjustified delay and in any case within fourteen (14) days from the date on which you informed us on your withdrawal from the contract. The said deadline will be deemed to have been met if you return the Products before the lapse of the said 14-day period.

5.7.       We will reimburse you with the amount you paid to us without unjustified delay, within fourteen (14) days from the date you will return the Products to us or within fourteen (14) days from the date you will provide evidence for the return of the Products to us, using the same payment manner you have used in the original transaction, unless you suggest any different payment method in writing.

6. Intellectual Property Rights

6.1.       Documents, images, graphics and any other file (for audio, motion, image etc.) as well as their layout on the Website are protected by the laws currently applicable in Greece in relation to the protection of intellectual property rights. Any redistribution, amendment, reproduction, republication or transmission of any information included in the Website is absolutely prohibited by any manner or means available (electronic, written or other). The Website may contain content on which third parties enjoy intellectual property rights.

6.2.       Except as otherwise stated, all rights on trademarks, model names, logos, emblems etc. and Products appearing at the Website, belong to the manufacturers of the relevant Products or to Kosmocar. No licence for the use of the said intellectual property rights is granted to any third party via the Website.

7. Personal Data

7.1.       In the context of informing the Customer before submitting a Declaration of Interest, Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg, will process Customers' Personal Data as the controller, according to the VW Personal Data Protection Policy which is available at the following link (http://astypalea-sustainable-island.gr/privacy-policy/). In the context of communications and transactions of the Customer which are described in the present Terms, Kosmocar will process Customers' Personal Data as a controller according to the Kosmocar Personal Data Protection Policy which is available at the following link (http://astypalea-sustainable-island.gr/kosmocar-privacy-policy/). In any case, data processing will be performed in compliance with the General Data Protection Regulation (GDPR) and the applicable laws on Data Privacy. 

8. Law and Juristification

8.1.       These Terms as well as any agreement concluded via the Website are governed by and interpreted in accordance with Greek Law.

8.2.       Any dispute that may result from the conclusion, execution or termination of the above agreements or contracts will be exclusively resolved by the competent courts of Athens or the courts having jurisdiction based on the applicable laws on consumer΄s protection.

8.3.       In addition, you are kindly requested to take into account that any dispute may also be filed for electronic resolution at the Online Dispute Resolution Platform of the European Commission (https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=EL).

8.4.       For general information and any further details in relation to the out-of-court dispute resolution, consumers may also address the following competent agencies in Greece:

(a) General Directorate for Consumers Protection of the Ministry of Development and Investments (Kannigos Square, P.C. 10181 Athens, Tel.: 1520, Fax: 2103843549, www.mindev.gov.gr),

(b) Hellenic Consumers΄ Ombudsman (144 Alexandras Avenue, P.C. 11471 Athens, Tel.: 2106460734, Fax: 2106460414, www.synigoroskatanaloti.gr) και

(c) The Committees for the Amicable Settlement of Consumer Disputes (according to article 11 of Law 2251/1994 on Consumers Protection) which are headquartered within the competent Municipalities.

8.5.       Finally, it is noted that the Consumers Code of Ethics applies in Greece (Presidential Decree Προεδρικό Διάταγμα 10/2017, Gov. Gazette 23/1-3-2017). A copy of the said code is available at the official website of the Hellenic Consumers΄ Ombudsman (www.synigoroskatanaloti.gr).

8.6.       According to the Civil Code (Articles 534 et. seq.) and the Laws on Consumers Protection (Law 2251/1994, Article 5), the seller is responsible for any material defects and lack of agreed upon qualities of the Products.

8.7.      For issues relating to warranty and customers after-sale support, please visit the relevant section of the Website.

9. Miscellaneous

9.1.       We reserve the right to amend or update the Terms and any such change will be binding for the users of the Website from the moment such changes will be included in the Terms, with the exception of already confirmed orders. To that end, we recommend that you frequently review these Terms and in particular, each time before using the Website. In any case, we are entitled to temporarily or permanently cease the Website΄s operation.

9.2.       The Website may occasionally be unavailable due to software upgrade, technical or other problems which may have derived from third parties, without being able to estimate the time such works will be concluded or when the relevant problem will be resolved.

9.3.       Any information provided at the Website is provided “as is“. We grant no guarantees, express or tacit, in relation to the suitability and usefulness of the information provided and to the highest extent permitted by Greek law, we undertake no liability in relation to any loss that relates to the said information or the use of the Website, including any loss due to infection of the electronic equipment of the user by any virus or other malware. We assume no responsibility for the content and availability for delimitable areas (e.g. subpages) of the Website whose provider is Volkswagen AG or another partner of Volkswagen AG.

9.4.       You are not entitled to assign any of your rights under an agreement/contract that will be concluded between us via the Website, to any third party.

9.5.       To the extent permitted by applicable legislation currently in force, the invalidity of any provision of these Terms shall not affect the validity of the agreement concluded between us.

9.6.       By using the Website, you agree to the dispatch of electronic communications by us.

9.7.       The Website may grant or allow access to other websites. We have absolutely no liability for the operation or the content of such other websites, which (content) is in no way binding for us. Any reference of the Website to other websites does in no way constitute recommendation for the use thereof or approval of their content.

9.8.       In case you have any queries or questions in relation to any section of the Website or the Terms, you may contact us as follows:

Kosmocar SA
566-568 Vouliagmenis Avenue
164 52 Argiroupoli
Tel: 210 99 81 111
Fax:  210 99 81 130
E-mail: customercare@kosmocar.gr