- THESE TERMS:
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or cancel the order,return the product, what to do if there is a problem and other important information.
1.3 Are you a consumer?
You are a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer ?. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US:
2.1 Who we are. We are S&A GEORGIOU PAPHOS HOMEMARKET LTD, a limited liability company registered in with registration number ΗΕ 34808 having our registered office is at Andrea Vlami 75, 8025 Paphos, Cyprus.
2.2 How to contact us. You can contact us by telephoning our customer service team at 26-222223 or by writing to us at [email protected]
2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the phone, email address or postal address you provided to us during user registration and/or in making your order.
- OUR CONTRACT WITH YOU:
3.1 How we will accept your order. By placing an order you are making an offer for the products. The acceptance of your order will take place upon dispatch of the products, at which point a contract will come into existence between you and us. Upon completion of the order and the payment, a confirmation message will appear on our website. You will also receive a confirmation email to your email address. It shall be emphasised that any confirmation messages appearing on our website upon completion of the online payment and confirmation emails to your email address are merely notifications that your order has been placed. They do not, by any means constitute acceptance of your order (offer).
3.2 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 a credit reference we have obtained for you does not meet our minimum requirements; 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. A full refund shall be given in case we cannot accept your order.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell within the territory of the Republic of Cyprus. Our Site is solely for the sale and supply of our products within the territory of Cyprus. Unfortunately, we do not accept orders from addresses outside Cyprus at this time.
- OUR PRODUCTS:
4.1 Products may vary slightly from their pictures. 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 colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions , specification and measurements indicated on our website may not be entirely accurate and may have a 5-10% variation.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
- YOUR RIGHTS TO MAKE CHANGES:
If you wish to make a change to the product you have ordered, please contact us. 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 and ask you to confirm whether you wish to proceed with the change.
- PROVIDING THE PRODUCTS:
6.1 Delivery costs. The costs of delivery will be as displayed on our website and may vary between different products and/or destinations.
6.2 Time of delivery of the products. The goods will be delivered to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event beyond our control, we will contact you as soon as possible to inform you of this fact, and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to terminate the contract and receive a refund for any products you have paid for but not received.
6.4 Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours (excluding public holidays) as displayed in our Site.
6.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the contract.
6.7 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
6.8 When you own goods. You own goods once we have received payment in full.
- YOUR RIGHTS TO CANCEL AN RETURN THE PRODUCT:
7.1 You can cancel the order and return the goods. Your rights when you cancel or return the products will depend on what you have bought, whether there is anything wrong with it, how we are performing and whether you are a consumer or business customer:
7.2 If the product is faulty or misdescribed. If the product you have bought is faulty or misdescribed you may have a legal right to cancel contract (or to get the product repaired or replaced or to get some or all of your money back).
7.3 If you change your mind. You have the right to change your mind if you are a consumer under the Consumers’ Rights Law 2013 (Ν. 133(I)/2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. This may be subject to deductions and you will may have to pay the costs of return of any goods under certain circumstances;
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) damaged or destroyed products;
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(c) any products which become mixed inseparably with other items after their delivery.
7.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change his/her mind you can still cancel the order before it is completed or return a product, but you may have to pay us compensation. A contract is completed when the products are delivered and paid for. If you want to terminate a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will be terminated immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your decision to terminate the contract.
- HOW TO CANCEL THE ORDER OR RETURN A PRODUCT:
8.1 Tell us you want to cancel the order or return a product. To cancel an order or return a product, please let us know by doing one of the following:
(a) Phone or email. Contact customer services at 26-222223 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the online form at https://www.homemarket.com.cy/english/contact/ on our website.
8.2 Returning products after ending the contract. If you cancel the order for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Andrea Vlami 75, 8025 Paphos, Cyprus or (if they are not suitable for posting) allow us to collect them from you, if we wish. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you terminate the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind as consumer within 14 days.
In all other circumstances you must pay the costs of return.
8.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
8.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the same method used for payment. However, we may make deductions from the price, as described below.
8.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind we may reduce your refund of the price to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within a period of 14 days from the date you informed us of the fact that you have changed your mind.
- IF THERE IS A PROBLEM WITH THE PRODUCT:
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You may contact our customer service team at 26-222223 or write to us at [email protected] Alternatively, please speak to one of our staff in-store.
- YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS:
10.1 We warrant that on delivery, and for a period of 24 months from the date of delivery (warranty period), any products shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Law 1979(Ν. 10(I)/1994, as amended); and
(d) be fit for any purpose held out by us.
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the warranty set out in above;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
10.3 We will not be liable for a product’s failure to comply with the warranty in if:
(a) you make any further use of such product after giving a notice in accordance the above;
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
10.4 Except as provided in above, we shall have no liability to you in respect of a product’s failure to comply with the warranty.
10.5 These terms shall apply to any repaired or replacement products supplied by us.
- PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct but errors may occur.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
11.3 Incorrect prices. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.4 Time and method of payment. We accept payment with credit card, Visa, Mastercard, or through PayPal.
The payment takes place prior to the dispatch of the products at the time you proceed to checkout, where you pay for the product(s) you wish to purchase. Upon completion of the order and the payment, a confirmation message will appear on our website. You will also receive a confirmation email to your email address. It shall be emphasised that these are merely notifications that your order has been placed. They do not, by any means constitute acceptance of your order (offer). The acceptance of your order is made by us when we dispatch the products.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for any loss or damage you suffered that is a foreseeable result of the breaking of this contract on our part or our failure to use reasonable care and skill. However, we shall not in any occasion be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will occur or if, at the time the contract was made, both we and you knew it might happen, for instance, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for defective products under the Sale of Goods Law 1979(Ν. 10(I)/1994 and the Consumers’ Rights Law 2013 (Ν. 133(I)/2013).
12.3 We are not liable for business losses. We only supply the products for to you for domestic and private use thus, we shall not by any means be liable for any business losses you may suffer as a result of the use of the products for business purposes.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided].
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we consent to this in writing.
14.3 Nobody else has any rights under this contract . This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to terminate the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. The Terms of Supply of Goods set out hereto are governed exclusively by the Laws of the Republic of Cyprus and for any dispute which may arise between you and us in respect of any matter, the Courts of the Republic of Cyprus shall have exclusive jurisdiction.