1. ACCEPTANCE OF TERMS
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” ) and the application My Coffee Island ( “App” ) , both referred as “Service” , whether as a guest or a registered user.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE OR APP ( both “Service”) , YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREΕ, DO NOT USE THE SERVICE
Service 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 by you of this Terms and Conditions.
The purpose of the Service 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 takeaway 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 the Site or the App 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. Minors who have declared a false birth date and their parents and/or guardians are liable for any damage that We may suffer from their false statement. You may not use our Service 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 10 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 or App 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 must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
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 and My Coffee Island app offer an ordering, delivery and take-away service from our Stores throughout Greece. 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 the Store 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]. You can remove 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 [Order]. 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 or the app.
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.
The product delivery service requires that the minimum order exceed 3.50 Euros .
7. PRICE AND PAYMENT
The price of any Store Item will be listed on our Service. Prices include VAT 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 in respect 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 or by credit or debit card through our Service. Once your Order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to us and is subsequently passed on by us to the Store. We are authorised by our Stores to accept payment on their behalf and payment of the price of any Order to us will discharge your obligations to pay such price to the Store.
8. RIGHT OF RECESSION
You have the right to return the purchased coffee grinder’s and home barrista products without penalty and without the obligation to inform the Store for the reason you wish 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 be charged only with the return costs of the products.
Returns are accepted with the sales receipt, only if the products you wish to return are in the same condition as when you received them, without being 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 of purchase 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. The refund may be made by using the same method you used to pay for your Order, unless you have explicitly agreed on a different method. 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. COFFEE GRINDER’S AND HOME BARRISTA 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 coffee grinder’s and home barista products and that their package is intact, in order to detect any visible defect (i.e. broken product, etc.) You have the right to return the defective products to the Store within a seven (7) calendar day time period from the date of receipt . Returned products must be in their 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 or Reviews 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 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 licence 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 the Site and the App 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 this Service and its content (excluding Reviews and including without limitation the Service design, text, graphics, logos, icons, images and all software, databases and source code connected with the Service) are owned by or licensed to Us or otherwise used by Us as permitted by law. We are the sole and exclusive copyright owners of the Service 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 Service , which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Service 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 the Site and the App; 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.
The above prohibition exempts the individual storage of a single copy of a portion of the Service’s content in a single personal computer for strictly personal-private, non-public (with or without consideration) and non-commercial use; and without deleting or altering the indication of origin, and without prejudice to the intellectual or industrial property rights of Coffee Island or third parties.
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 the Service infringe upon any copyright trademark, or other contractual, intellectual, or statutory rights
12. DATA SECURITY
We also offer secure ordering by credit card. The SSL (Secure Sockets Layer) protocol is today the world-wide-web standard for certifying websites to web users and for encrypting data between web users and web servers. An encrypted SSL communication requires all information sent between a client and a server to be encrypted by the shipping software and decrypted by the receiving software, thereby protecting personal information when transmitted. In addition, all information sent with the SSL protocol is protected by a mechanism that automatically checks if the data has changed during the transfer.
The SSL certificate for www.coffeeisland.com,cy has been issued by the certification company GoDadd and the key size is 2048-bit.
Last but not least, the credit card details are not stored in the company storage during the transaction but are stored directly in the secure environment of the partner company (JCC) that has been responsible for routing the cards.
All transactions you make through www.cofffeeisland.com.cy are governed by International and European law, which regulates issues related to e-commerce as well as the cyprus law , which regulates matters relating to e-commerce. with distance sales.
The online shop www.coffeeisland.com.cy accepts VISA, Mastercard and Maestro credit cards. Your transactions at our online store are protected by modern security systems (RSA 2048-SHA256 / TLS 1.2 with AES-256 + Forward Secrecy with modern browsers) that guarantee a secure trading environment.
The use of email or other communication methods may not be secure and we recommend against sending information otherwise than directly through our Site. If you choose to send credit card information otherwise than directly through our website, this is done at your risk and you shall bear any and all losses which you incur as a result and in no event shall any such losses in whole or in part be borne by Coffee Island. If you are using a public computer, you must sign out when you have finished ordering.
13. MANAGEMENT OF PERSONAL DATA
14. LINKS FROM OUR SERVICE
14. OUR LIABILITY
We have taken every care in the preparation of our Service. 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 Service. If we are informed of any inaccuracies on our Service 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 (material or non-material ) which you or any third party may incur in connection with our Service (e.g viruses, trojan horses) and any website linked to our Service 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 Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Service, or our entire Service 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
17. 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 and App. 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 the Amendments. 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.
18. 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 the Terms 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.
19. 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 purchase through 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 shall proceed, maintaining the right to appeal to the Court, provided that this is deemed preferable.
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
21. GOVERNING LAW