This page provides information about who we are and sets out the terms and conditions that apply when you use the website kare.cy (the ‘Website’) and the terms and conditions on which We supply to you products that you have ordered through the Website (together the ‘Terms and Conditions’).
Section B sets out information about Us.
Section C includes the terms that apply for the use of the Website generally.
Section D sets out the terms that apply to any order you place through the Website and the supply of the products that you have ordered (the ‘Terms and Conditions of Sale’).
Section E includes certain legal terms, which are of general application.
Please read carefully the following information and terms and conditions before you start using the Website. These Terms and Conditions apply regardless of how you access the Website, including via any technologies or devices by which the Website is made available to you at home or on the move.
By accessing or using the Website or by placing an order through the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety and agree to be bound by them. If you do not agree with or accept any of the Terms and Conditions, you should stop using the Website immediately and you must not order any products through the Website.
B. INFORMATION ABOUT US
Who we are
This Website is operated by DELROCK INVESTMENTS LTD a company incorporated under the laws of the Republic of Cyprus, with registration number HE314384, whose registered office is at John Kennedy, IRIS HOUSE, Floor 3, 3106 Limassol and VAT registration number is 10314384R (“We”, “Us” or “Our”).
The addresses of Our place of business in the Republic of Cyprus are the following:
Nicosia – 46 Elia Papakyriacou Street, 2415 Makedonitissa.
Limassol – 61 Agiou Athanasiou Avenue, Shops 1-4, 4102 Linopetra.
Paphos – 15 Mesoyis Avenue, 8280 Mesoyi.
How to contact us
If you want contact Us, or if you want to file a claim regarding an order or delivery, you can do so using the following contract details:
by e-mail at [email protected]
by telephone at +357 22464727
by post at 46 Elia Papakyriacou Street, 2415 Makedonitissa, Nicosia
The following legal terms and conditions apply when you access, browse and use the Website.
Your use of the Website
The Website is for your personal and non-commercial use only. You may not, without Our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use.
You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
Ownership and intellectual property rights
All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to Us unless otherwise indicated.
Nothing in the Terms and Conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website.
Accuracy of information and availability of Website
While We try to make sure that the Website is accurate, up-to-date and free from bugs, We cannot promise that it will be. Furthermore, We cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.
Subject to the Terms and Conditions of Sale, content is provided for your general information purposes only and to inform you about Us and Our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While We try to make sure that the Website is available for your use, We do not promise that the Website is available at all times nor do We promise the uninterrupted use by you of the Website.
Damage to your computer or other device
We use reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, We cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, We will not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
D. TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale apply to any order you place through the Website.
1. Opening an account and placing an order
To place an order, you can open an account at the Website (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.
You confirm that all information and details provided by you to Us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account, We may ask you to use passwords or other means to allow you to access certain areas of the Website and to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact Us. If We are suspicious of any fraudulent activity coming from your account, We may refuse you access to your account and can delete Your Account.
If you are under the age of 18 you may not buy any products from the Website.
2. Acceptance of your order
Please note that completion of the online checkout process does not constitute Our acceptance of your offer to purchase products or services from Us. Our acceptance of your order, which creates a contract between you and Us, will take place only when We confirm your order by email. Prior to despatch of the products, We have the right to decline or cancel an order for any reason, including legal and regulatory reasons.
The contract that is created between you and Us in respect of any order you place through the Website incorporates these Terms and Conditions.
The duration of Our contract with you will start from when We confirm your Order and lasts until We decline or cancel your order or, if We despatch the products, the last day of your right to return the products (you can find more information on your Right to Cancel below).
If We cannot supply you with the products you ordered, We will not process your order and inform you of this in writing (via email) and, if you have already paid for the product, We will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, We have the right to stop or cease to fulfil the order at any time, including after despatch of products or the notification to you that the order has been received and is being processed. You acknowledge that We will not incur any liability in such circumstances.
Accepted Payment Methods
You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. We may change the payment methods at any time but this will not affect any existing order.
The price of the products you order will be the price indicated on the order pages when you place your order.
The price of all goods sold by Us via the Website are in Euro (€) and include the relevant V.A.T. for the Cyprus market.
We use our best efforts to ensure that the price of the products advised to you is correct. However, 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 you place an order on the Website, then you acknowledge and agree that: (i) We will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that We may use tools, software or services of payment processors to process transactions on our behalf; and (iv) if your payment is not received by Us for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that We reasonably prescribe.
The delivery to all legal addresses in the Republic of Cyprus is free.
Delivery timescales vary depending on the type of products ordered, the service you select and the delivery address.
You will be able to see the expected delivery time in the order page when you place your order. We will inform you of the estimated date for delivery of the goods via e-mail.
Delivery of the goods will take place when We deliver them to the address that you gave to Us. If delivery cannot be made to the address you gave to us, including due to the recipient not being present at the address at the time allotted by the carrier or if the recipient refuses to accept the products, We reserve the right to deduct the cost for returning products back to Us from the refund for the order.
Where the supply of your products is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand), We will make every effort to keep you informed but will be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or affect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
Except for orders made outside the EU, all risk in the products you order (including risk of loss or damage to the products) will pass to you when they are delivered to the delivery address specified in your order or when you or a carried organised by you collect them from Us.
5. Additional information concerning delivery
In addition to the above terms and conditions which apply to all orders and deliveries irrespective of the country in which they are made, the following terms apply to each of the respective delivery locations.
For orders delivered in the Republic of Cyprus
There is no delivery cost for orders delivered in the Republic of Cyprus.
The usual estimated delivery time is, subject to any delays as explained in the previous section, approximately 10-12 weeks starting from the date we confirm acceptance of your order via e-mail, but this will be confirmed to you via e-mail.
We do not deliver to the occupied parts of Cyprus. If you are residing there, you may still place an order on the Website and pick up the products from a pick-up location designated by us in the non-occupied parts.
As a KARE official representative in Cyprus we cannot provide our services to delivery addresses outside of the the Republic of Cyprus.
Delivery of orders can only be made to an address in the Republic of Cyprus and then the Customer can arrange their own delivery, from Cyprus to their designated address, at their own cost.
6. Right to cancel (EU Countries)
If you are purchasing products through the Website as a consumer, you have the right to cancel (under the Consumer Rights Directive 2011/83 as implemented in the applicable EU member state) all or part of your contract without giving any reason at any time up to 14 calendar days after the day on which you receive, or a third party other than the carrier and indicated by you receives, the goods you ordered. In such case, we will refund you the price you paid for the products including delivery cost, but we may make certain deductions from the price, as described below.
This right to cancel does not apply to certain products such as:
a. goods made to the consumer’s specifications or clearly personalised (e.g. made to measure orders);
b. goods which are liable to deteriorate or expire rapidly;
c. sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery; and
d. goods which are, after delivery, according to their nature, inseparably mixed with other items.
Where We deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to Us.
For orders made from countries that have not implemented the Consumer Rights Directive 2011/83/EU, you may cancel all or part of your contract within 24 hours from our acceptance of your order.
Exercising the right to cancel
To exercise the right to cancel, you must inform Us of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post, fax or email) using our contact details at the top of the Terms and Conditions.
You must take reasonable care of the goods while in your possession. You must send back, or hand over to us or to any person authorised by us, all goods relating to the cancelled contract to Us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to Us. The deadline is met if you send back or hand over the goods to us for collection before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to Us. Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods. Examples where you will be liable for the diminished value of the goods are the following:
a. goods which are damaged by accident, abuse or negligence;
b. goods which are damaged by improper handling, such as dragging furniture or using abrasive cleaners or strong detergents to clean it; and
c. goods which are damaged directly or indirectly by unauthorized repair, modification, or natural disasters.
Once We have collected the goods or you provide Us evidence of having sent back the products, whichever is applicable, We will process your refund. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, We will not refund any supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered at checkout and We may withhold from the refund the amount that corresponds to any reduction in the value of the returned products resulting from the use or handling of the products by you (except from handling that is necessary to establish the nature, characteristics and functioning of the products).
7. Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- packaging may vary from that shown on the Website;
- the weights, dimensions and capacities shown on the Website are approximate only;
- whilst We try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
- all items are subject to availability. We will inform you as soon as possible if the products you have ordered are not available and We may offer alternative product of equal or higher quality and value.
8. Liability and faulty products
If We fail to comply with the contract between you and Us, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking the contract with you or Our failing to use reasonable care and skill. This includes liability for personal injury or death caused by Our negligence, fraud or any matter that cannot be limited or excluded by law.
However, We are not responsible for any loss or damage that is not foreseeable. We will not be liable to you if We are prevented or delayed from complying with our obligations under the contract we have with you by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.
Under the law, We have an obligation to ensure that any products We supply to you will be as described, fit for purpose and of satisfactory quality. If you are purchasing products through the Website as a consumer and We deliver a product to you that is not as described, fit for purpose or of satisfactory quality, We have an obligation under the law, for a period of two years after the delivery of the product, to offer, free of charge, a repair or replacement or, where this is not possible or would be too expensive, a refund.
You must check all products you receive against your order. If the products you receive are faulty (that is not of satisfactory quality, as described or fit for purpose) or incorrectly supplied on delivery then you must note the details of any fault, damage or error in supply on delivery or if you are unable to view the items on receipt, you must inform Us (by post, phone or email) within a reasonable period of time. You must return the products to Us or hand them over to us or to a person authorised by us to receive the goods from you as soon as possible after informing Us that the products are faulty or have been incorrectly supplied.
Please note that We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You must follow any advice We give you to keep products We supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products We have supplied which is caused by your failure to follow this advice. We will also have no liability to you for damage caused directly or indirectly by unauthorized repair, modification, or natural disasters. In the case of international orders, we will not be liable for any damaged caused during delivery of the goods.
E. LEGAL TERMS
The following legal terms apply generally when you use the Website and when you order products through the Website.
Exclusion of Liability
Except as expressly provided in these Terms and Conditions, We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with the Terms and Conditions or your use of the Website.
Nothing in these Terms and Conditions of excludes or limits our liability for personal injury or death caused by our negligence. In addition, these Terms and Conditions do not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Third Party Rights
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless We agree in writing.
We may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at Our discretion. However, where We have engaged a third party to perform part of the contract with you, it remains liable towards you for the full performance of our agreement and also for the performance by the third party.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
No relaxation or delay by Us in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect Our ability to subsequently exercise that right or remedy. Any waiver must be agreed by Us in writing.
Complaints and disputes
We will try to resolve any complaints you make or disputes with you quickly and efficiently.
If you are unhappy with the goods supplied to you or any other matter, please contact Us as soon as possible.
If you and We cannot resolve a complaint or dispute using our internal complaint handling procedure, we will let you know and if you are not satisfied with the outcome you can bring legal proceedings.
In addition, if you have placed an order within the EU, you may submit disputes for online resolution to the European Commission Online Dispute Resolution platform. For more details, please visit https://ec.europa.eu/consumers/odr.
Law and Jurisdiction
Any matters that arise out of your use of this Website (including any contract entered between you and Us through the Website) will be governed by the laws of the Republic of Cyprus and subject to the non-exclusive jurisdiction of the courts of the Republic of Cyprus.
Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommends that you revisit this page regularly to keep informed of the current Terms and Conditions. In the event of a change or an update to these Terms and Conditions, this will be flagged in an appropriate way on the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.
F. YOUR PRIVACY AND PERSONAL INFORMATION