1. ACCEPTANCE OF TERMS
Thank you for using www.coffeeisland.com.cy .These Terms and Conditions are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the website at www.coffeeisland.com.cy ( “Site” or “Service” ) whether as a guest or a registered user.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE , YOUAGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATEDBY REFERENCE. IF YOU DO NOT AGREΕ, DO NOT USE THE SERVICE
www.coffeeisland.com.cy is operated by «POUROVER CY LIMITED » ("CoffeeIsland", "we" or "us"), a company incorporated in Cyprus with company number ΗΕ356565 and VAT CY 10356565A , whose registered seat is at Nicosia( leoforos Strovolou nr. 254) . These Terms and Conditions govern the relationship between us and you in respect of your access to, and participation in the Service. Use of Service will constitute acceptance byyou of this Terms and Conditions .
The purpose of the Site is to provide a simple, convenient and cost-effective service to consumers, linking them to coffee island stores (“Stores” ) in their area that offer delivery and take-away services.Interactive menus allow customers to build and submit orders at the click of a button. Any order is prepared by independent Stores and delivered by them to you.
Services are not targeted towards, nor intended for use by, anyone under the age of 18, without the consent of a parent or legal guardian . Persons under the age of 18 may not make purchases or other legal acts on this Site without such consent, unless permitted by applicable legislation. You hereby represent and warrant that you are at least eighteen (18) years of age or that you have the aforementioned consent . You may not use ourService in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload,download, use or re-use any material which does not comply with our content standards in clause 8 below.
4. SIGN UP
You can sign up for our Service by either creating an Account or by logging in online with your credentials from certain third party account (e.g.,Facebook or Google ) . You confirm that you are the owner of any such account and that you are entitled to disclose your account login information to us. The registration process may require that you provide the following information: first and last name , address , mobile phone number and e-mail address . Your account will only be activated after inserting to our Site a unique code , that you will receive by sms to your stated mobile phone number . Should your personal information change, you can correct or update this information instantly by editing your member profile at any time
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
5. SERVICE AVAILABILITY
www.coffeeisland.com.cy offers an ordering , delivery and take-away service from our Stores throughout Cyprus. Each Store has a prescribed delivery area. If you live outside the delivery areas , a message will appear on screen notifying you that ordering online will not be possible. If theStore in your delivery area is closed at the time of your Order a message will appear on screen giving you the option to reschedule your Order .Take-away service is available from any Store you choose . All menu items (Items ) are subject to availability. Please call us prior to ordering if you have an allergy
Once you have found the desired product, you can add it to your shopping basket without obligation by clicking the button [Add to basket]. You can view the content of the shopping cart at any time without any obligation by clicking the button [Basket] in the top right corner of the page. You canremove products from the cart by clicking on the button [Delete] at any moment. In order to purchase the products in your shopping cart, click on the button [Checkout]. Clicking the button [Next] will lead to the ordering page with a chance to review all your ordering information once more.Clicking the button [ Purchase ] will confirm your Order and complete the ordering process. This process can be aborted at any time by closing the browser window .
When you place an order ( “Order”) through our Service, an email thanking you for your Order and confirming your Order has been received (the"Confirmation Email") will be sent to you by us on behalf of the Store.Once your Order has been accepted, this represents an agreement between you the customer and the Store. If the Store is unable to fulfil your Order you will receive an email stating that your Order has been declined .Please be aware that the Store will do everything to meet the specified delivery time, however the timing of your Order is determined by taking into account the number of orders and the circumstances being faced by the Store at that time and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected severe delay.
Your personal information will be shared with the Store when processing your Order. We have an agreement with all our Stores , restricting disclosure or further processing of personal information provided to them by us.
Incorrect personal details may lead to problems or delays in delivery, so please ensure that you have included your correct address and email address when ordering.
7. PRICE AND PAYMENT
The price of any Store Item will be listed on our Service. Prices includeVAT and are quoted in Euros. Prices may vary between Store menus. Prices are liable to change at any time, but changes will not affect orders inrespect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Payment for all can be made by cash directly to our Store fulfilling the Order .
8. RIGHT OF RECESSION
You have the right to return the purchased home barista products without penalty and without the obligation to inform the Store for the reason youwish to return the products, within a fourteen (14) calendar day time period from the date of receipt of the products. In that case, you shall becharged only with the return costs of the products.
Returns are accepted with the sales receipt, only if the products you wishto return are in the same condition as when you received them, withoutbeing unsealed or without any destruction to their wrapping.
You are obliged to notify the Store in written of your intention to return the products you purchased , referring the date/number of the proof ofpurchase within the aforementioned time period.
If you rescind from the contract you will be refunded in full without further delay within 14 calendar days from the date when the Store is informed of your decision to rescind from the contract. Under no circumstances will you be charged extra costs for such a refund. The Store has the right to delay the refund until the goods have been returned , or until you provide proof that you have sent back the goods, whichever happens first. You are obliged to send back the goods or to deliver them to the Store , without unwarranted delay within 14 calendar days from the date of your declaration of withdrawal from the contract. The Store will deem that the deadline has been met if you send the goods back before the end of the period of 14 days. You will incur the cost of the return of the goods.You are liable only for any decrease in value of the goods which occurs as a result of unnecessary handling in order to establish the nature,characteristics and function of the goods.
9. HOME BARISTA PRODUCTS RETURNS
Product Returns due to delivery error
In all cases where other products are delivered , by type or quantity , youmay return the products.
Returns of defective products damaged on arrival ( DOA )
For the avoidance of any inconvenience of yours, it is recommended that upon delivery of your Order you carefully review the condition of the purchased home barista products and that their package is intact, in orderto detect any visible defect (i.e. broken product, etc.) You have the rightto return the defective products to the Store within a seven (7) calendar day time period from the date of receipt . Returned products must be int heir unused, original condition, as well as all product tags, which form the identity of the product. Otherwise, cannot be accepted as returned items.
As the products are received back, they are checked to ensure that they are defective . In that case , the Store will firstly offer to repair the defective item. If this is not possible, the Store will replace the product you’ve ordered, as long as the product is available. You will receive complete reimbursement if the goods can neither be repaired, nor replaced.
Note: When you are trying products, please make sure that they do not come in contact with anything that may mark or add scent to them. The Store will be unable to accept any returned item where there is evidence that these instructions have not been adhered to.
Returns of defective products
In case of true defects or lack of guaranteed properties of the purchased goods, the provisions of Ν.7(Ι)/2000 shall apply. In order for a property to be considered guaranteed, it shall be certified in writing to be such a property by both parties.
You represent and warrant that you are the sole author of your review;(“Review”) The Review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the Review; and you had no financial, competitive, or other personal incentive to author or post a Review that was not a fair expression of your honest opinion.
You assume all risks associated with your Review , including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Review that makes you personally identifiable. While we reserve the right to remove Reviews, we do not control actions orReviews posted by our users and do not guarantee the accuracy, integrity or quality of any Reviews. You acknowledge and agree that Reviews posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not ours.
Any material you upload to our Site will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free license to use, copy, modify,distribute, sell and disclose to third parties any such material or data for any purpose related to our business .
We retain the right to remove at our sole discretion and without prior notice any comments which are deemed to be:
11. INTELLECTUAL PROPERTY
You may not print, copy, reproduce, download, republish, broadcast,transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of us.
All copyright, trade marks and other intellectual property rights in thisSite and its content (excluding Reviews and including without limitation the Site design, text, graphics, logos, icons, images and all software,databases and source code connected with the Site) are owned by or licensed to www.coffeeisland.com.cy or otherwise used by www.coffeeisland.com.cy as permitted by law. We are the sole and exclusive copyright owners of theSite and it’s content. We also exclusively own the copyrights, trademarks,service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world associated with the Site , which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Site contains original works and has been developed, compiled,prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others.
Unless you have agreed otherwise in writing with us, nothing in the Terms gives you a right to use any of CoffeeIsland’s trade names, trademarks,service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of www.coffeeisland.com; or remove,conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Service will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that theService infringe upon any copyright trademark, or other contractual,intellectual, or statutory rights
12. DATA SECURITY
We maintain strict security protocols, including physical, electronic and procedural safeguards, to protect Customer Information. These protocols include compliance with the requirements of the Law, the relevant national and Community legislation and the relevant decisions and acts of the relevant Authority , to prevent any loss, misuse, unauthorized access,disclosure or destruction of your personal information. Although we strive to maintain data security, we do not guarantee or warrant its security.
The use of email or other communication methods may not be secure and we recommend against sending information otherwise than directly through ourSite. If you are using a public computer, you must sign out when you have finished ordering.
13. LINKS FROM OUR SITE
14. OUR LIABILITY
We have taken every care in the preparation of our Site . However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site . If we are informed of any inaccuracies on our Site we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site and any website linked to our Site and any materials posted on it.This does not affect our liability which cannot be excluded or limited under the applicable law.
We will not be liable if, for any reason, our Site is unavailable at anytime or for any period. From time to time, we may restrict access to some parts our Site, or our entire Site to users who have registered with us.
Neither you, us nor our Stores shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any force majeure events
16. AMENDMENTS TO THE TERMS
To the extent permitted by law, we may amend these Terms at any time by posting updated or revised Terms and Conditions at the Site. Please check frequently for any updates or revisions to these Terms. Unless otherwise indicated by us, any Amendments shall apply on the effective date of theAmendments. Your use of the Service after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
17. TRANSLATION OF THE TERMS
Coffee Island may provide a translation of the greek version of the Terms into other languages. You understand and agree that any translation of theTerms into other languages is only for your convenience and that the greek version shall govern the terms of your relationship with Coffee Island.Furthermore, if there are any inconsistencies between the greek version of the Terms and its translated version, the greek version of the Terms shall prevail over others.
18. YOUR RIGHTS AS A CONSUMER-ALTERNATIVE DISPUTE RESOLUTION
Nothing in this Agreement will affect your legal rights as a consumer according the Law
In case you encounter a problem with the home barista products you have purchased , you may settle it in collaboration with the Store of purchasethrough the Online Digital Resolution platform of the European Commission.
( https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EL), and, more specifically, through the following bodies of AlternativeDispute Resolution:
Cyprus Consumers Association ( www.cyprusconsumers.org.cy, https://el-gr.facebook.com/CyprusConsumersAssociation)
In case the dispute is not resolved through the aforementioned procedure,our Stores reserve the right to decide on the way in which they shallproceed, maintaining the right to appeal to the Court, provided that thisis deemed preferable.
If any provision of this agreement is judged to be illegal orunenforceable, the continuation in full force and effect of the remainderof the provisions shall not be prejudiced.
20. CODE OF CONDUCT
The operation of the site as an online store is also governed by the use of the current Code of Conduct .
20. GOVERNING LAW