FREE DELIVERY

TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS OF WEBSITE USE

1. INTRODUCTION
The website www.eshop.era.com.cy (the “website”) is owned by ERMES DEPARTMENT STORES PLC, (hereinafter referred to as the “COMPANY”) based in Nicosia, having its registered office at Limassol Ave. 200, 2025,  Strovolos, Nicosia, Cyprus with Registration Number HE129279, contact email: eraeshopcs@ermes.com.cy.

The following terms and conditions will apply to the access, navigation and use of the website, including the online store under the trademark eshop.era.com.cy which can be found at the following Internet address: www.eshop.era.com.cy. Any user who enters and trades or makes use of the website (hereinafter referred to as "User" and / or "Visitor" or "Customer" for shortening purposes, respectively, ie if it is only a simple visit to the website or if it also handles ordering and buying or selling products and services) is deemed to accept and consent to the following terms unreservedly and without exception. In case of any user’s disagreement with these terms, then it is the user’s responsibility to refrain from use and visit the website.

2. GENERAL TERMS
THE COMPANY reserves the right to make modifications or revisions of the Terms of Use, without any obligation other than to post them on the website.

3. INFORMATION & PRODUCTS PROVIDED
THE COMPANY, in the context of good faith, is not responsible and is not bound by entries of electronic data that were made by error/misconduct in view of common experience and is entitled to correct them whenever it becomes aware of their existence.


THE COMPANY demonstrates due diligence so that the photos of the Products displayed on the website as well as any posted videos reflect as much as possible to the true state of the Products. In any case, the User accepts that the Products that appear in the photos and videos may deviate from the actual condition, shape, size, color and in general image of the Products sold by the Eshop.

The COMPANY does not bear any responsibility in case of deviation of the photographic representation of a product or its representation in video from its real image.

THE COMPANY does not warrant the accuracy or reliability of any information or content relating to any products, software or advertisements included on the website as well as for the content of third parties to which the User is referred through hyperlinks from the Website or which the Website provides access to.

4. PRICING POLICY
Online store prices are subject to change at any time without notice. The COMPANY does not bear any responsibility and does not cover differences in the prices of products purchased from a physical store with the brand "ERMES" in Cyprus and the Customer subsequently found the existence of a lower price in its online store or vice versa.
In good faith and for your own protection, if you find that a product is offered at an unusually low or high price in relation to its market value, please mention the fact before placing your order by contact the Customer Service Department at eraeshopcs@ermes.com.cy.

5. LIMITATION OF LIABILITY
THE COMPANY does not provide any warranty (i) for the proper functionality of the website; (ii) for the accessibility and use of the website, (iii) for the full, accurate and timely nature of the contents, information or data available on the website, (iv) for the absence of defects or errors from the content and/or operation of the website and/or applications (v) for the absence of viruses or other malicious software and (vi) for the absence of certain properties that could be expected in relation to these websites or their content.Therefore, the COMPANY informs the user that both the entire content of the website and the promotion of the products (which can be purchased by the User through the online store) are provided “as is” without conditions or other guarantees for their accuracy, correctness or suitability for use or for the intended purpose.

The COMPANY does not guarantee the availability of the products displayed in the online store, but informs on the basis of the observed data about the availability or not of the interested customer and undertakes in case of change of this information, to inform the customers in time about the unavailability, in this case s/he bears no further responsibility. The online store provides the content (eg information, names, photos, illustrations), products and services available through the website "exactly as they are".

In no case the COMPANY is not responsible either civil or criminal for any damage (positive, special or negative, which indicatively and not restrictively, divisively and / or cumulatively consists in loss of profits, data, lost profits, monetary satisfaction, etc.) that may Visitor of the website or a third party suffer for reasons related to the operation or not and / or use of the website and / or inability to provide services and / or products and / or information available by him and / or any unauthorized third party interventions in products and / or services and / or information available through it. In any case, however, and if any damage is due to a proven fault of the COMPANY, the latter is responsible only to cover any positive damage of the injured party that is proven to be directly related to the damaging event and its culpable act or omission. In case of negligence any damage is limited to the amount of one thousand euros (1000 €). Likewise, all the limitations of liability listed in these Terms of Use which are acknowledged and accepted by the User of the website in their entirety as valid and in accordance with good faith and fair trading practices.

The COMPANY in the context of its transactions from the online store is not responsible and is not obliged to compensate for any damage or loss arising from the cancellation of orders, non-execution or delay in their execution, for any reason.

6. USER RESPONSIBILITY
The User agrees and undertakes to use the services, information and data of the website, including the online store, in accordance with the law and based on the rules governing good faith and fair trading practices and is therefore prohibited from using the website for:

- intentional or unintentional breach of applicable law or regulations

- harassment of third parties in any way

- collecting or storing personal data about other users

- sending, publishing, sending by e-mail or transmitting in other ways any content that is illegal for any reason, causes unlawful infringement and harm to the COMPANY or to any third party either to violate the confidentiality or the privacy of any person’s information;

- sending, publishing, sending by e-mail or transmitting in other ways any content that offends any user’s morals, social values, age, etc.

- sending, publishing, sending by e-mail or transmitting in other ways any content for which users are not entitled to transmit in accordance with law or the applicable contracts (such as internal information, proprietary and confidential information acquired or disclosed as part of industrial relations or covered by confidentiality agreements);

- sending, publishing, sending by e-mail or otherwise transmitting any content that violates any patent, trademark, trade secret, intellectual property or other proprietary rights of any kind.

- publishing, e-mailing or transmitting in other ways any material containing software viruses or any other codes, files or programs designed to interrupt, damage, destroy or malfunction to the operating equipment of any software or computer hardware. Copyright

7. INTELLECTUAL PROPERTY RIGHTS
The content of the website including images, graphic designs, discrete titles, marks, texts, photographs, etc. are the intellectual property of the COMPANY or other legal beneficiaries and are protected by Cyprus law, European law and international conventions. Any copying, transfer or creation of derivative work based on this content or misleading the public about the actual provider shall be prohibited. Reproduction, republication, upload, communication, dissemination or transmission or any other use of the content in any way or means for commercial or other purposes is permitted only with the prior written consent of the COMPANY or any other copyright holder. The names, images, logos and distinctive features listed and described through the website under the trademark eshop.era.com.cy or the products or services of the COMPANY or third parties, are assets of the COMPANY or third parties respectively, protected by the relevant trademark laws. Their use on the website does not in any way give license or permission of use to third parties.

8. LIMITED LICENSE
Subject to the terms and conditions set forth herein and all applicable laws and regulations, the website grants you a non-exclusive, untransferable, personal, limited right of access, use and display of this website and its contents. This license does not constitute a transfer of title to the website and its details and is subject to the following restrictions:

- You may not modify the website and its information in any way or reproduce or present publicly or distribute or otherwise use the website and its details, for any public or commercial purpose, unless otherwise permitted hereby.

- Any creation of a connection that implies any kind of relationship between the User or a third party with the Company or approval or support from the Company is prohibited when it does not exist.

- The website may not be placed in a frame on any other website and in any case the User is prohibited from creating a link, to any part of the website, except the homepage. The Company reserves the right to withdraw the connection license unjustifiably, without compensation and without prior notice to the User.

- The User is prohibited from using frames or framework techniques to surround any trademark, logo or other proprietary information (including images, text, page layout or format) of the website.

- The User is prohibited from using any “metatags” or any other “hidden text” based on the Company’s names or trademarks or affiliates or CTC Group companies without its written consent.

- In case of unauthorized use, the license granted by the Company for access to the website automatically ceases to be valid.


9. LINKS TO www.eshop.era.com.cy
The website may include and use links that lead to store pages or to third-party websites and are considered to be related websites and are not under the control of the COMPANY and provide these links only to facilitate the use of the website, their use is not mandatory for the visitor/customer and the fact that they are provided on the website does not indicate that the COMPANY approves or accepts their content.

Therefore, the COMPANY is not responsible for the contents of any such website or any link contained in an associated website, or any changes or updates to such websites and the COMPANY is not responsible for the broadcasts of the internet or for any form of transmission received from any linked website.

10. CREATE AN ACCOUNT ON THE WEBSITE
The Website User may create an account even if s/he does not intend to proceed directly or at all to the online purchase of products.

The User bears the full and exclusive responsibility for any action (act or omission) carried out through his/her account. The COMPANY disclaims any liability for damages arising from the use of one User's account against other third parties, due to unauthorized access or use of the User's account unless the User has previously duly notified the COMPANY to eraeshopcs@ermes.com.cy

The User has the ability to deactivate his/her account at any time by clicking on the Deactivate button. It is pointed out that in case s/he deactivates his/her account in the online store, then his/her account will be deactivated in total.

These Terms of Use are for an indefinite period and may expire at any time from either part.

The COMPANY may terminate these Terms by sending a relevant email to the e-mail address stated by the User and setting a reasonable deadline after which the Customer's account will be deactivated as mentioned above.

The COMPANY is entitled to delete the Account of a User and / or to refuse access to the website and / or the online store for any reason. In particular, the Company has the right to do the above when there is any important reason, such as all indicative and not restrictive, if there are indications of bad faith, illegal or unconventional navigation and / or use of the site (which the Company found herself or upon complaint by any third party). In this case the User details are kept to confirm that the same User will not be re-registered.

11. ACCURACY OF SUBMITTED DATA
The User enters during the registration and / or during the submission of the order, the obligatory (and / or optional, if s/he wishes) data mentioned in the registration form. This information must be absolutely correct, true, accurate and up-to-date and it must be kept accurate, true, accurate and up-to-date throughout the life of the Account. In case of subsequent change of any of them, the User must inform the COMPANY immediately. In the event that the contractual or legal obligations of the COMPANY are not fulfilled in a timely and appropriate manner due to the use of untrue, incorrect or up-to-date personal data declared by the User, the COMPANY does not bear any responsibility. In addition, the User bears the full and exclusive responsibility for any damage or injury to the COMPANY due to untrue, incorrect or up-to-date information stated by the User. It is emphasized that any information that will be made (within the legal obligations of the COMPANY or in case of special communication provided in these Terms of Use) to the email address that the User has disclosed when creating an account, will be considered as valid even if it is not delivered to the User due to an error in the information provided by the User and / or due to a technical or other fault in his/her server, and / or in his/her telephone, and / or in his/her telecommunication provider, and / or due to a change in its details (if s/he has not informed the COMPANY in a timely manner).

A necessary element is also the creation of a secret login code which will be set by the User himself based on the current security rules of the COMPANY for the creation of codes. With this code the User will gain access to all the content of the website, his/her Account and the online store and which password must always be kept secret and secure.

In particular, the User bears the full and exclusive responsibility for the protection of the secret password that s/he has created and uses to log in to his/her account. The User must completely avoid giving the password to third parties in order to prevent any unauthorized access and use (and in particular but not exclusively to any minors). Also, each User must immediately inform the COMPANY if s/he has reason to believe that his/her secret password could or may have been disclosed to a third party or there is a risk that his/her password will be used without his/her permission.

12. PURCHASING PROCESS DESCRIPTION
The online store is aimed exclusively at adult consumers.
The COMPANY reserves the right to choose at its sole discretion the products available for sale and to modify, renew and / or withdraw them at any time, without compensation and without prior notice to customers. The same applies to the prices of the products, any offers and discounts which it may make at its sole discretion and which may be changed without prejudice, without prior notice to the customer on the basis of its commercial policy which it freely and at its discretion.

The COMPANY may, at its discretion, define maximum and / or minimum limits for each order, without warning the customer. The limits can be changed and in any case what is presented on the website will be valid at the time of the order.

The COMPANY reserves the right at any time, without compensation and without notice, to change its commercial policy regarding delivery costs and payment methods.

The Customer is responsible for the selection of the product and to place the correct order through the online store. It is explicitly emphasized that this website is not a contract proposal to the Customer, but an invitation to submit a proposal by the Customer. The contract is concluded only if the Customer receives the confirmation email of his/her order:

The steps of the process from the submission of the order until the conclusion of the purchase contract are the following:


Step 1: Add items to the bag
Step 2: Proceed to bag
Step 3: If a discount code is available, add the Discount code to the “Add Discount Code” box in the bag overview page and then click "Proceed to Checkout'.
Step 4: Create an Account or Login
Step 5: Complete Shipping Address, Full Name, Telephone Number
Step 6: Continue to Shipping: Select shipping Method (Delivery or Click & Collect)
Step 7: Continue to Payment: Select Payment Method and Add Payment Details
Step 8: Select billing Address (New or Same as Shipping Address)
Step 9: Click Pay Now to process the order
Step 10: Directed to Order Confirmation Page with overview of all information provided. Here you may also add your phone number to get shipping updates by Text.


The customer then becomes aware of both the way the product is shipped and the delivery time of the products (depending on the place of delivery).

Once the order submission process is completed, the COMPANY will send to the customer an automated order confirmation email. The confirmation of the order or the information for any problem can be done by phone or sms.

The above message constitutes the acceptance by the COMPANY of the proposal submitted by the customer for concluding a contract and therefore the contract between the customer and the COMPANY is concluded only as soon as the COMPANY sends the message confirming that accepts the Customer’s offer.

In case there is any problem with the order or with the delivery times according to the above the customer will be informed about sending by email or by phone.

For the completion of his/her order, the customer provides through the acceptance of these terms his/her consent to the COMPANY for the processing of his/her personal data in order to receive the above mentioned communication from the COMPANY and / or its partner in relation to his/her order. and its evolution. The COMPANY is not responsible in case the Customer is informed about the progress of his/her order is incomplete due to an error or inaccuracy of the contact details stated by the customer.

13. DELIVERY OF PRODUCTS
Delivery and / or receipt of products which were sold through the online store will be made in the ways and costs (where applicable) specified on the website, taking into account the total weight or volume of the products purchased. The COMPANY reserves the right to change the delivery policy of its products at any time, informing the customer before concluding the respective contract.
Please note that the delivery date of the Products is indicative and is subject to change. In this case, the COMPANY will make a reasonable effort to contact the customer in order to provide him with relevant information.

The COMPANY may additionally, at its discretion, set as a condition of delivery of any of its product the verification of the customer's identity upon delivery, so as to certify that the customer, who must be the recipient, is not a minor. In case of inability to certify or there is doubt, the COMPANY is entitled to refuse the delivery to cancel the purchase completely by simply declaring it at the place of delivery of the recipient.

14. PAYMENTS
The COMPANY may at its discretion determine the payment methods for the purchase of products through the online store, and reserves the right to change the method of payment settlement and to add or modify the procedures, without notice to customers, who will be informed about the current payment methods from the relevant posting in the online store before the conclusion of the respective contract.

In case of payment of the price by credit card, this can be done with the cards that are accepted by the online store. If the customer chooses the credit card as a method of payment, the process will be carried out and completed through a recognized banking institution that provides all the security guarantees of electronic payments. The collection and processing of payment data submitted by the customer, is carried out only by the cooperating financial institution which is solely responsible for their processing to complete the payment. Responsible for any problem arises when paying by credit card will be the payment service provider. The COMPANY does not store or process the data of its customers' cards. The COMPANY is also entitled to reject the customer's order or to withdraw from the sale at any time if it is ascertained or there is a possibility that there is any problem in relation to the card details. It goes without saying that the customer bears full and exclusive responsibility for the correct entry and completion of his/her card details in the payment system.

15. APPLICABLE LAW AND JURISDICTION
These terms are governed by and interpreted in accordance with the laws of the Republic of Cyprus. Any dispute falls under the exclusive jurisdiction of the courts of Nicosia, Cyprus.

16. FINAL PROVISIONS
The above General Terms and Conditions fully bind the parties (the COMPANY and the users) and constitute the entire contract of the parties and supersede any and all previous and current contracts. The information mentioned on the Website shall form an integral part of the contract and shall not be altered unless the Parties expressly agree.

In the event that a term of the contract is found to be unfair or cancelled, it does not affect the other terms of the contract, which remain in force and are binding on the parties.

In any case, where possible, it is possible for a term/sub-term or part of a term/sub-term to be considered separately, in order to make the remaining part valid, thus the term shall be interpreted accordingly. Otherwise, the parties agree that the term must be corrected and interpreted, in order to reach as far as possible the original meaning of the term/sub-term, in accordance with the law.

Any delay in the exercise by the parties, in part or in all of the rights deriving from these terms should not result in a weakening or waiver of that right, which may be exercised at any time at a later stage and at the reasonable discretion of the beneficiary.

The headings contained in these Terms and Conditions are set for reference purposes only and should not affect their meaning or interpretation.

Alternative dispute resolution: According to Directive 2013/11 / EC, which was incorporated in Cyprus with Law 85 (I) / 2017), the possibility of electronic consumer dispute resolution is now provided through the Alternative Dispute Resolution procedure (ADR - Alternative Dispute Resolution) throughout the European Union. If the Customer has the status of a consumer (ie a natural person acting outside the professional capacity) and has any problem with a purchase made from the online store, s/he can initiate the ADR process through the single pan-union platform for electronic dispute resolution (platform ADR) available at https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en which enables consumers and suppliers to submit any disputes resulting from online shopping, in an online settlement process.
A list of approved ADR Bodies is posted on the Website of the Consumer Protection Service.

Release Date 24th March 2021

 

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