Terms & Conditions
TERMS OF USE OF WEBSITE AND
PURCHASING OF PRODUCTS
This
document (together with the documents mentioned herein) establishes the general
terms and conditions that govern the use of our website and the purchase of
products through it (hereinafter referred to as the "Terms").
We
urge you to read the Terms, our Cookies Policy and our Privacy Policy
(hereinafter jointly referred to as the “Data
Protection Policies”) carefully
before using our website.
When you use our website or place an order
through it, you are aware that you are bound by these Terms and the Data
Protection Policies. If you don’t agree with the Terms and/or the Data Protection Policies,
do not use or purchase any
products from this website.
2. OUR DETAILS
Sale
of goods through our website is carried out by M.G. TIMINIS & SONS LIMITED,
a Cypriot company with registered address at 250, Arch. Makarios III, 2nd
floor, 3105, Limassol, Cyprus, registered in the Registrar of Companies of the
Republic of Cyprus with registration number HE 2699 and email address [email protected] .
3. YOUR PERSONAL DETAILS
The
personal details that you provide are processed in accordance with the Data
Protection Policies. When you use the website,
you agree to the processing of your information and details,
and you state that all information and details provided are true and correspond
to reality.
4. USE OF THE WEBSITE
When you use our website
and place orders through it, you agree to use it only for lawful purposes and
for placing lawful orders and to provide us with your true details and email
address, postal address and/or other contact details. You hereby agree that we
may use this information to contact you with regards to your order, if
necessary.
If an order
is reasonably considered to be false or fraudulent, we
are authorised to cancel it and inform the competent authorities.
When you place an order through
the website, you state that you are over the age of eighteen
(18) and are legally eligible to enter into binding contracts.
5. CONCLUSION OF THE CONTRACT
To
place an order, you must follow the online purchasing procedure and click on “Proceed
to Payment”. After doing so, you will receive an email confirming receipt of your order (the “Order Confirmation”). You will be informed via email that the order has been sent (the
“Shipping Confirmation”). Ordering an item from our website constitutes full
and complete acceptance of these Terms and means that a contract has been
concluded between us (the “Contract”).
6. ERRORS
In
case you detect that an error occurred when entering your personal data during
your registration as a user of this website, you can modify your personal data in
the section entitled "My Account".
In
any case, you are able to correct errors related to the personal data provided
during the purchase process by contacting the customer service department at the
email address [email protected] or the postal address 250, Arch.Makariou
Street, 3105, Limassol, Cyprus and/or calling at +35725570570, as well as exercising
the right of rectification contemplated in our Privacy Policy.
The
website offers details of all the items you have added to your shopping cart
during the purchase process, so that, before making the payment, you can modify
the details of your order. If you detect an error in your order after the completion of the payment
process, you should
immediately contact our customer service to correct the error.
7. AVAILABILITY OF PRODUCTS
All
orders are subject to availability of the specific product. If there are
difficulties regarding the supply of products or there are no more items left in stock,
we reserve the right to provide you with information on substitute products of the
same or higher quality and value that you may order. If you do not wish to
order the substitute products, we will reimburse
any amount that you may have paid.
8. REFUSAL TO PROCESS AN ORDER
We
reserve the right to remove any product from our website at any time and to
remove or modify any material or content from the same. Although we will always
do everything possible to process all orders, there may be exceptional
circumstances that force us to refuse to process an order after having sent the
Order Confirmation. We reserve the right to do so at any time.
We
shall not be liable to you or to any third party for removing any product from
the website, or for removing or modifying
any material or content from the website
or not processing an order once we have
sent the Order Confirmation.
9. RISK AND OWNERSHIP OF
THE PRODUCTS
You
will take ownership of the products when we receive full payment of all amounts
due, including delivery charges.
The
products shall be under your responsibility from the moment of delivery to you. Τhe delivery shall be
understood to have taken place or the order delivered as soon as you or a third
party indicated by you acquires physical possession of the goods, which will be evidenced by the signing
of the receipt of the order at the delivery
address indicated by you.
You accept that evidence of a signature of a third party indicated by you or
delivery at the third party’s delivery address is evidence of delivery and
transfer of responsibility in the same way.
10. PRICE AND PAYMENT
The price
of the products is as stipulated at all times
on our website, except in the case of an obvious
error. Although we make every effort
to ensure that the prices featured on the website
are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option
of reconfirming your order at
the correct price or cancelling it. If we are unable to contact you, we will
treat the order as cancelled. If you cancel and you have already paid for the
goods, you will receive a full refund.
The website may contain
typographical errors or other errors or inaccuracies and may not be complete or
current. We, therefore, reserve the right to correct any errors, inaccuracies
or omissions and to change or update information at any time without prior
notice. We reserve the right to refuse to fill any orders that you may place
based on information on the website that contain errors or inaccuracies,
including, without limitation, errors, inaccuracies or out-of-date information
regarding pricing, shipping, payment terms or return policies.
Where
applicable, prices are inclusive of VAT, but exclusive of delivery charges, which are added to the total price.
Prices
may change at any time. However, except as stipulated above, the changes shall
not affect the orders for which we have sent an Order Confirmation.
Once
you have selected all items that you wish to buy, they will be added to your cart.
The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested
in each step. Furthermore, throughout the purchase process - before payment - you can modify the
details of your order. If you are a registered user, a record of all the orders
placed by you is available in "My Account" area.
We accept all major
credit/debit cards through STRIPE Payments.
If,
for any reason, we are unable to dispatch the order within a maximum period of
thirty (30) calendar days from the date of the Order Confirmation, we will
inform you of that situation and we will give you the option to continue with the purchase,
establishing a new delivery date, or cancel the
order with full reimbursement of the amount paid.
11. DELIVERY
We deliver the products
you have purchased in all areas controlled by the Republic of Cyprus using ACS courier.
The products can be either delivered to your door or picked up at ACS courier’s
office in your town. All deliveries in Cyprus are free of charge.
Orders are dispatched as
soon as the payment is confirmed and are usually delivered in 2 (two) to 5
(five) working days at an agreed time of your choice. The usual delivery time
is between 9:00 am – 5:30 pm (Eastern European Time Zone) from Monday to
Friday. You will receive a call from ACS courier to confirm the time of
delivery. No deliveries take place on Sundays and bank holidays. We also do not
deliver to P.O. Box numbers.
Please
see the ACS Courier Cost and Transit times for delivery to your door here. You
can track your order at www.cyp.acscourier.net by entering your waybill number.
We also deliver products
in all European Union Member States, in which case the delivery is served by
the DHL courier. The indicative applicable shipping fees (the “EU delivery
charges”) are the following at the time of writing these Terms :
DHL Express 0 G - 2500
G
EUR 20.00
DHL Express 2500 G - 5000 G
EUR 50.00
DHL Express 5000 G - 10000
G
EUR 75.00
You can track your order
at www.dhl.com by entering your waybill number.
For more information
regarding the delivery of products you can contact us at the email address [email protected]
12. INABILITY TO DELIVER
If
after 60 (sixty) calendar days from the date your order is available for
delivery, the order cannot be delivered for reasons not attributable to us, we
shall assume that you wish to cancel the Contract and it will be terminated. As
a result of the termination of the Contract, we will return to you all payments
received (except for the EU delivery charges) without any undue delay within 14
(fourteen) calendar days from the date on which the Contract has been
terminated.
13. EXCHANGE/RETURN POLICY
YOUR
WITHDRAWAL RIGHTS FROM THE CONTRACT:
You
have the right to withdraw from the Contract within 14 (fourteen) calendar days
from the day of receipt of the order by you or an assigned third party, without
having to state any reason for the cancelation. In case of multiple goods in one order delivered separately, the withdrawal period expires after 14 (fourteen) calendar days from the day on which
you acquire, or an assigned third
party acquires, physical possession of the last good ordered
in one order.
To exercise the right of withdrawal
you shall fill in the Withdrawal/Returns Form and
submit it to us by email on [email protected] within the
14(fourteen)-calendar day period stated above. Once we receive your Withdrawal/Returns
Form, we shall contact you immediately confirming receipt.
You shall return the items to us within 14 (fourteen) calendar
days from the date you communicate
your withdrawal from the Contract. The deadline is met if you send back the
goods before the period of 14 (fourteen) calendar days has expired.
For health and hygiene
reasons we do not accept returns of underwear and/or beachwear
which were
unsealed after delivery.
The goods must be
returned at the postal address 250, Arch.Makariou Street, 3105, Limassol,
Cyprus. We do not accept
any returns or exchanges of goods purchased online from our website in any of
our brick-and-mortar
stores. Unless you deliver
the goods to the above address, you shall
bear the costs and risks of returning the goods.
When returned, the goods
must be in their original condition which includes all tags, security ribbon
and packaging, and without being worn, washed or altered. Please return the
products using or including
all their original
packaging, instructions and other accompanying documents. If the goods
returned are not in their original condition as explained above, you do not lose the right of withdrawal, but
the money that will be returned to you depends on the use made and the reduced
value of the products as a result thereof. The goods are your responsibility
until they reach our warehouse. Please ensure that they are properly packaged
and that you keep your proof of returning the order since we might require you
to provide us with records of dispatch to us.
Once
the return has been checked by our team and a refund is possible, you will
receive an email regarding the returned goods. We will return to you all
payments received from you, including delivery charges only in Cyprus
(except for any additional charges resulting from your choice of any delivery
method other than the delivery
method that we offer) without
any undue delay, and at any rate, within 14 (fourteen) calendar days
from the date on which you notified us of your intention to withdraw from the
contract. Notwithstanding the foregoing, we may withhold reimbursement until we
have received the goods back or you have supplied evidence of having sent back the goods (tracking number
and copy of receipt of shipment), whichever is the earlier. We will carry out
reimbursement using the same means of payment as you used for the initial
transaction. In any event, you will not incur any charges as result of such
reimbursement.
If
you think that at the moment of delivery the product is not as stipulated in
the Contract, you must contact within 24
(twenty-four) hours of receipt the customer service department by sending an
email to the email address [email protected] and/or calling at +35725570570, providing the product
details and the damage sustained if possible by taking photographs and
attaching them thereto.
You
must return the product to the address indicated in this clause. After careful
examination of the product, we will notify you by email within a reasonable
period if the product can be exchanged or whether you have a right to a refund
(as appropriate).
If a defect or damage is confirmed on the returned
product, we will give you a complete
refund including the charges
you have accrued for delivery and return. The refund will always be paid using
the same payment means you used to pay for your purchase. The refund or replacement of the article shall take
place as soon as possible and in all cases within 14 (fourteen) calendar days
from the date on which we sent you an email confirming that the refund or
replacement of the product is going ahead.
14. LIABILITY
Unless expressly stated to the
contrary to the fullest extent permitted by law we hereby expressly
exclude all conditions, warranties and other terms which might otherwise be
implied by statute, common law or the law of equity and shall not be liable for
any damages whatsoever, including but without limitation to any direct,
indirect, special, consequential, punitive or incidental damages, or damages
for loss of use, profits, business, data or other intangibles, damage to
goodwill or reputation, or the cost of procurement of substitute goods and
services, arising out of or related to the use, inability to use, performance
or failures of the website and any materials posted thereon, irrespective of
whether such damages were foreseeable or arise in contract, tort, equity,
restitution, by statute, at common law or otherwise. This does not affect our
liability for death or personal injury arising from our negligence, nor for
fraudulent misrepresentation, misrepresentation as to a fundamental matter or
any other liability which cannot be excluded or limited under applicable law.