TERMS OF USE OF WEBSITE AND PURCHASING OF PRODUCTS

 

1.  GENERAL

 

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, 2^nd 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.

RETURNS:

 

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.

 

DEFECTIVE PRODUCTS:

 

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.