1. Introduction
This website, located at www.bormanntools.com (hereinafter the “Website”), is owned by the public limited company under the name “D. NIKOLAOU TOOLS S.A.”, which is headquartered in the Markopoulo Industrial Area of Attica, at “Dorovateza,” is registered in the General Commercial Registry (GEMI) under number 8095301000, has Tax Identification Number (AFM) 095255031, and is legally represented (hereinafter the “Company”).
The Website provides information about the Company, its products and services, its catalogs, technical support and after-sales service, its network of partners, as well as any other relevant information or services available online.
Access to, browsing of, and use of the Website imply unconditional acceptance of these Terms of Use. By accessing or using the Website, the visitor declares that they have read, understood, and fully accept the content of these terms.
If the user does not agree with any of these terms, they must immediately cease using the Website and the services provided.
The Company reserves the right to modify, update, or revise these Terms of Use at any time, without prior notice, to the extent permitted by applicable law. Any modification takes effect upon its publication on the Website. Users are required to review the content of the Terms of Use periodically prior to each use of the Website.
For users who have an account providing access to the Company’s B2B services, continued use of the account following an amendment to the Terms of Use constitutes acceptance of the amended terms. If a user does not wish to be bound by the new terms, they may request deactivation of their account by sending a request to the email address
info@bormanntools.com.
2. Governing Law – Jurisdiction
These Terms of Use are governed by and construed in accordance with Greek law and the applicable law of the European Union.
Any dispute that may arise from access to or use of the Website or that relates to these Terms of Use shall, unless otherwise provided by mandatory law, to the exclusive jurisdiction of the competent courts of Athens.
Any failure or delay by the Company to exercise any right arising from these Terms of Use or from applicable law shall not constitute or be construed as a waiver of such right. The failure to exercise any right in a specific instance does not preclude its exercise at a later time nor does it affect any other legal right of the Company.
To the extent permitted by applicable law, the Company, its management, its employees, its partners, as well as any third party involved in the creation, development, operation, or maintenance of the Website, shall not be liable for any direct, indirect, incidental, or consequential damages, including loss of profits, data, or business opportunities, that may arise from or in connection with access to, use of, or inability to use the Website, unless such liability is due to fraud or gross negligence, in accordance with the provisions of applicable law.
In the event that any provision of these Terms of Use is deemed invalid, void in any respect, or unenforceable, the validity and enforceability of the remaining provisions shall not be affected, and they shall remain in full force and effect to the fullest 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 regarding products, technical specifications, photographs, descriptions, catalogs, prices, and any other available information, is accurate, complete, and up-to-date at the time of publication.
Notwithstanding the foregoing, the Company does not guarantee that all information contained on the Website is free from typographical or technical errors, omissions, or inaccuracies. The Company reserves the right to correct, modify, update, or remove any content on the Website at any time and without prior notice.
The information provided through the Website is for informational purposes only and does not constitute a binding offer to sell or enter into a contract, unless expressly stated otherwise.
The Company makes every reasonable effort to ensure the smooth, secure, and uninterrupted operation of the Website. However, it does not guarantee that the Website’s operation will be continuous, uninterrupted, or free from technical errors, malfunctions, or temporary inaccessibility.
Access to and use of the Website are at the user’s sole risk. The user must take the appropriate technical and organizational measures to protect their equipment, systems, and data, including the use of up-to-date software to protect against malware, viruses, and other cyber threats.
The Company takes reasonable security measures to protect the Website. Nevertheless, it cannot guarantee that the Website, its servers, or the electronic files made available through it are free of malware or other harmful elements.
The downloading, saving, or use of any file or informational material from the Website is carried out solely at the user’s own risk.
To the extent permitted by applicable law, the Company shall not be liable for any direct or indirect damages that may arise from:
- temporary or permanent interruption of the Website’s operation,
- technical malfunctions or software or hardware errors,
- delays or failures in data transmission via communication networks,
- loss, alteration, or destruction of data,
- unauthorized access to information systems,
- malware attacks, cyberattacks, or other acts by third parties,
- events of force majeure or circumstances beyond the Company’s reasonable control.
The above limitations do not apply in cases where the Company’s liability cannot be excluded or limited under mandatory provisions of law.
4. Intellectual and Industrial Property Rights
All content on the Website, including but not limited to text, photographs, images, drawings, logos, trademarks, distinctive features, graphics, videos, technical specifications, files, product catalogs, software, databases, and any other informational or audiovisual material, constitutes intellectual and/or industrial property of the Company or of third parties who have lawfully granted the Company the relevant right of use, and is protected by Greek, EU, and international intellectual and industrial property laws.
Access to the Website does not imply, nor may it be construed as, the granting of any license or right to use the Company’s intellectual or industrial property rights.
Without the Company’s prior written permission, any of the following, in whole or in part, is prohibited:
- copying,
- reproduction,
- storage,
- publication,
- distribution,
- transmission,
- downloading/uploading,
- modification,
- adaptation,
- creation of derivative works,
- commercial use,
- republishing, or
- any other use of the Website’s content,
by any means or in any form, electronic or otherwise, without the Company’s prior written consent.
Only the temporary display or storage of individual items of content for personal, non-commercial use is permitted, provided that the content is not altered, all relevant copyright notices are retained, and the rights of the Company or third parties are not infringed.
The use of the Company’s trademarks, logos, trade names, or other distinctive features without prior written permission is strictly prohibited.
Any unauthorized use of the Website’s content constitutes a violation of applicable law and entitles the Company to exercise any legal right or remedy to protect its interests.
5. Use of Trademarks – Protection of Distinctive Features – Resellers’ Obligations
These terms apply to any partner, business customer, or reseller of the Company that sells or promotes its products, regardless of the sales or marketing channel used (including, but not limited to, brick-and-mortar stores, , online stores, online sales platforms, or social media).
The lawful purchase of the Company’s products does not automatically imply the granting of a license to use the Company’s trademarks, logos, distinctive features, trade names, photographs, technical descriptions, or other protected material.
Any use of the foregoing is permitted exclusively upon the Company’s prior written approval and only for as long as and under the terms specified by the Company.
The reseller is required to use the Company’s distinctive marks in a manner that:
- preserves the Company’s reputation, reliability, and prestige,
- does not create misleading impressions regarding the commercial relationship between the parties,
- does not create a risk of confusion among consumers,
- does not infringe upon the Company’s intellectual or industrial property rights.
The reseller is required to provide the Company, upon request, with the URLs of the websites, online stores (e-shops), accounts on online platforms, or social media accounts through which they display or sell the Company’s products.
By way of example and without limitation, the reseller is prohibited from:
- a) use the trade name, trademarks, logos, or other distinctive features of the Company in a manner that may create the false impression that the reseller is a branch, official representative, or authorized agent of the Company, if this is not the case;
- b) to use photographs, product descriptions, technical specifications, item codes, catalogs, or other protected content of the Company without prior written permission, where such permission is required,
- c) use packaging, labels, or other materials bearing the Company’s trademarks for products from third-party manufacturers or suppliers,
(d) to alter or modify the Company’s trademarks, logos, photographs, or any other element of the Company’s corporate identity,
- e) to engage in acts that constitute unfair competition, deceptive commercial practices, or exploitation of the Company’s reputation and brand recognition,
(f) to make any use of the Company’s intellectual or industrial property rights in violation of applicable law.
Resellers are required to act in accordance with the principles of good faith, fair dealing, and fair competition, refraining from any action that may harm the Company’s reputation, credibility, or legitimate interests.
Retail prices that may appear in catalogs, on the Website, or in other informational materials of the Company are provided for informational purposes only and constitute recommended retail prices (RRP). Resellers are free to set the final selling prices of their products in accordance with applicable competition laws.
In the event of any unlawful or unauthorized use of the Company’s trademarks, distinctive features, or any other intellectual or industrial property rights, the Company reserves the right to take any appropriate legal action to protect its rights and interests, including seeking, through out-of-court or judicial proceedings, the cessation of the infringement, preventing its recurrence in the future, and seeking compensation for any actual or consequential damages, in accordance with applicable law.
6. User Obligations and Liability
The user is obligated to use the Website in accordance with applicable Greek and EU law, these Terms of Use, the principles of good faith, and fair dealing.
The user must refrain from any action that may jeopardize the security, availability, or proper functioning of the Website or cause harm to the Company, its partners, or third parties.
By way of example, the user is prohibited from:
- use the Website in a manner contrary to applicable law,
- attempting to gain unauthorized access to information systems, databases, or user accounts,
- interfere with or attempt to interfere with the operation of the Website or its infrastructure,
- introduce or distribute malware, viruses, or other harmful digital content,
- use automated means (bots, scripts, crawlers, or similar technologies) to collect or extract data from the Website without the Company’s prior written permission,
- infringe upon the intellectual or industrial property rights of the Company or third parties,
- to take any action that may adversely affect the security or functionality of the Website.
The user is solely liable for any damage caused to the Company or to third parties resulting from the illegal or improper use of the Website.
The Company reserves the right to restrict or suspend, temporarily or permanently, a user’s access to the Website or the services provided, if it determines that there has been a violation of these Terms of Use or applicable law.
The Company cooperates with any competent administrative, judicial, or law enforcement authority when required by applicable law or upon receipt of a lawful request.
7. Links to Third-Party Websites
The Website may include hyperlinks to third-party websites or online services solely for the convenience of users.
These links do not imply any endorsement, acceptance, adoption, or guarantee by the Company of the content, services, or policies of the respective websites.
The Company has no control over the content, operation, availability, or privacy policies of third-party websites and assumes no liability for any damage or loss that may arise from accessing or using them.
Access to third-party websites is at the user’s sole responsibility, and the user must familiarize themselves with the terms of use and privacy policies applied by the respective providers.
8. Protection of Personal Data
The Company processes users’ personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), applicable Greek law, and any other applicable provisions regarding the protection of personal data.
Information regarding the categories of data collected, the purposes and legal basis of the processing, the retention period, the rights of data subjects, the recipients of the data, and any other relevant information are provided in detail in the Privacy Policy, which is an integral part of the Website’s operation.
Use of the Website may involve the use of technologies such as cookies or similar technologies, in accordance with the provisions of the Company’s current Cookie Policy.
Any communication sent by the user to the Company via the contact information available on the Website is used exclusively for the purpose of handling the relevant request and is processed in accordance with the Privacy Policy.
The Company takes appropriate technical and organizational measures to protect personal data from unauthorized access, loss, alteration, or other unlawful processing, in accordance with the requirements of applicable law.