a) These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer” and or “You”) use and/or place an order via www.prodecoplus.com and any possible related pages, (the “Website”). The agreement is concluded between You and Mr Constantinos Kyprianou of 43 Michael Karaoli, 2362, Agios Dometios, Nicosia, Cyprus (hereinafter “Prodecoplus”) Contact information and other information about Prodecoplus are set forth on the Website. Our services and/or products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully.
b) Our products are provided to parties that can lawfully enter into and form contracts under the applicable law. The use of this website is not intended for individuals under the age of 18. Prodecoplus reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
c) Prodecoplus shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Prodecoplus is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Prodecoplus will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Prodecoplus continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance, function or origin of the product. Prodecoplus is not responsible for any information by third parties provided for on the Website.
2. Proprietary Rights
a) You hereby acknowledge that Prodecoplus owns all rights, titles and interest in and to the Products and Information listed and/or published and /or stated in this website except to the extent that these rights belong to our suppliers and or third parties and Prodecoplus has duly received the necessary license to sell such Products further, and to any and all proprietary and confidential information contained therein. The Products and Information are protected by applicable intellectual property and other laws, including copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights.
b) You, further acknowledge and agree that Prodecoplus owns all right, title, and interest in the Products and Information, including, without limitation, any copies thereof, except to the extent any data, content, deliverables or other elements is owned by respective Third party service providers. The design, layout, graphics, structure and organization of the Products and Information are valuable trade secrets of the Prodecoplus and are protected by copyright and other laws, international treaty provisions and applicable laws (including, without limitation, intellectual property laws) of the country(ies) in which the Products and or Information is used. If a Product is ordered and paid for, the Intellectual Property including but not limited to the copyright of the Product bought remains with Prodecoplus. You will acquire ownership of the Product but may not claim copyright of the Product or any intellectual property owned by Prodecoplus.
c) You agree that You may use the website and services as expressly permitted by Prodecoplus. You will not (and will not allow any third party to) (i) modify, adapt, translate, or prepare derivative works from the Products or Information (ii) copy, distribute, transfer, sell or license the Products or Information (iii) remove, obscure, or alter our (or any third party's) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within this website (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the website; (vi) impersonate another person or entity; (vi) engage in any activity that interferes with another user's ability to use or enjoy the website.
d) Your License to Use the Website and our services: Prodecoplus grants you a limited revocable license to access and use the Website for its intended purposes, subject to your compliance with these General Conditions. This license does not include the right to collect or use information contained on the Website for purposes prohibited by Prodecoplus, to compete with Prodecoplus; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach these General Conditions, Prodecoplus may revoke the license granted to you.
b) A purchase agreement is concluded when Prodecoplus has confirmed the Customer’s order and the Customer has received an order confirmation from Prodecoplus via e-mail. Prodecoplus encourages the Customer to save the order confirmation for any future contacts with Prodecoplus’ customer service regarding the order. The Customer is entitled to cancel its order, within 24 hours from the time of placing the order. If the order is cancelled, Prodecoplus will refund any payments the Customer or its pay- or credit card company has made with regard to the order.
4. Customer Information
b) The Customer undertakes to ensure that no one, except the Customer, uses the Customer’s log-in details. The Customer may not disclose its username or password to any person and shall ensure that any documentation with information about username and password is kept in such a way that unauthorized persons may not access the information. The Customer shall notify Prodecoplus without delay if it may be suspected that any unauthorised person has obtained access to the Customer’s password. The Customer is responsible for all purchases made with the Customers log-in details if the Customer has not provided such notification.
c) If Prodecoplus suspects that the Customer abuses its user account or its log-in details or otherwise violates the General Conditions, Prodecoplus is entitled to block the Customer’s access to its user account. Prodecoplus is furthermore entitled to assign new log-in details to the Customer.
5. Prices and Payment
a) The prices stated on the Website apply to orders placed on the Website. All prices are presented in EURO and do not include payment- and shipping fees, which are given separately. VAT, if appropriate is not included in the prices stated on the Website.
b) The Customer can pay for its purchase in the manner specified on the Website. Prodecoplus reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfillment of the order. Please note that limitations of available payment methods are set forth on the Website.
6. Delivery and Shipping
a) For the time being we only deliver within Cyprus, but we will very soon be able to deliver all our products to other EU and non-EU countries.
b) Unless otherwise agreed, delivery will be made no later than 30 working days after Prodecoplus has confirmed the order in writing through the order confirmation.
c) In some circumstances, initial postage prices quoted at the time of ordering may not be sufficient to cover actual postage costs. Should this be the case, then Prodecoplus reserves the right to request payment of the price difference in the postage costs prior to fulfilling and dispatching the order.
d) You may be required to pay duties and taxes to claim your package, depending on your local customs office. Prodecoplus has no control over this, and has no way of determining the total cost of duties and taxes. We encourage you to contact your local postal service or customs bureau for more specific information.
7. Right of Withdrawal
a) When purchasing products on the Website the Customer has a 14 day withdrawal period after delivery. This means that the Customer has the right to cancel any purchase by notifying Prodecoplus accordingly within 14 days from when the Customer or its representative received the product ordered (withdrawal period).
b) If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Prodecoplus in the manner set forth here. The Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message. If the Customer prefers not to use the above alternative message, the Customer may use the standard form for the right of withdrawal provided by the Consumer Protection law or any other equivalent authority in their respective country.
c) If the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Prodecoplus was notified of the withdrawal. The product shall be sent back unopened, in the condition it was received. Depending on the destination, customers may be subject to additional charges in order to receive their package. Such charges include Customs & Duty charges, VAT/local taxes, etc. The aforementioned fees are the sole responsibility of the customer/buyer, even in case of forced return, i.e. prior to the parcel being delivered to the customer..
d) When the Customer withdraws its purchase, Prodecoplus will refund the amount the Customer has paid for the product, excluding shipping costs. Prodecoplus is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
e) Prodecoplus will pay back the amount without undue delay, however, no later than within 14 days from the date Prodecoplus received the Customer notification of withdrawal. However, Prodecoplus may delay repayment until Prodecoplus has received the product.
8. Complaints / Refunds
a) The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Prodecoplus, as soon as possible after the defect was discovered, using the following procedure:
i. Take a digital photo of the damaged item and the shipping container it arrived in (only if the package is also damaged).
ii. Attach your digital photos to an email and send them to email@example.com Please be sure to include your order number, the name on the order, item name and a brief description of the damage.
iii. You will receive an email within 24-48 hours confirming that your photo return is being processed.
iv. Once your complaint has been approved, you will receive a complaint number which must be referred to in all correspondence.
b) Prodecoplus will not carry the cost for the return freight for any approved complaints.
c) Once a product, for which a complaint has been filed, is returned and the complaint approved, Prodecoplus will refund the Customer in compliance with applicable consumer protection legislation. Prodecoplus strives to do so within 30 days from receipt of the complaint by Prodecoplus, but it may be delayed depending on the nature of the complaint. Prodecoplus reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
d) If you are not satisfied with how Prodecoplus dealt with your complaint you can contact the ODR Platform.
9. Representations and Warranties
a) You represent and warrant to Prodecoplus and Prodecoplus represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these General Conditions, (ii) the execution and performance of your or its obligations under these General Conditions does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these General Conditions are a legal, valid and binding obligation of the party entering into these General Conditions, enforceable in accordance with its terms and conditions
b) Further, you represent and warrant to Prodecoplus that, in your use of the Website, you will comply with all applicable laws, rules, and regulations.
10. Limitation of Liability
a) In no event will Prodecoplus and its officers, directors, employees, affiliates and agents as applicable, be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use or access to the Website, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
b) Nothing in these terms shall exclude or limit Prodecoplus and its officers, directors, employees, affiliates and agents as applicable, liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
c) Any provisions of these terms and conditions which are deemed contrary to the law cease to exist de jure and are removed from these terms and conditions, without in any event affecting the validity of the remaining terms. These terms and conditions may be amended at any time.
a) You agree to hold harmless and indemnify Prodecoplus and its subsidiaries, affiliates, officers, agents, and employees (and their subsidiaries, affiliates, officers, agents, and employees) from and against any claim, suit or action arising from or in any way related to Your use of the Website or your violation of this agreement, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Prodecoplus will provide You with written notice of such claim or action.
12. Changes to General Conditions
a) ProDecoPlus reserves the right to add, delete and/or modify any of these General Conditions, at any time and in their sole discretion, therefore, You should review our policies, terms, and conditions each time you visit the Website. If any modification is unacceptable to You, your only recourse is to not use the Website and our services. Your continued use of the Website following posting of a change notice, or new General Conditions, will constitute binding acceptance of the changes.
a) In its sole discretion, with or without notice to you, Prodecoplus may: (i) suspend, limit your access to or terminate your use of the Website and/or services, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your content from Prodecoplus servers and directories and (iv)prohibit you from using the Website and/or services.
b) You can cancel your user account with immediate effect at any time free of charge.
a) All notices required or permitted to be given under these terms and conditions will be in writing and delivered to the other party by any of the following methods: (i) CY mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Prodecoplus, you must use the following addresses: Mr Constantinos Kyprianou of 26 Terpsichoris Street, 2102, Aglandjia, Cyprus or e-mail firstname.lastname@example.org If Prodecoplus provides notice to you, Prodecoplus will use the contact information provided by you. All notices will be deemed received as follows: (i) if by delivery by mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 48 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
a) These General Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the Republic of Cyprus without reference to conflict of law principles.
b) These General Conditions are not assignable or transferable by you without the prior written consent of Prodecoplus
c) These General Conditions (including all of the policies and other Agreements described in these General Conditions, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these General Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
d) You and Prodecoplus are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these General Conditions.
e) The invalidity or unenforceability of any provision of these General Conditions will not affect the validity or enforceability of any other provision of these General Conditions, all of which will remain in full force and effect.
f) These General Conditions will survive indefinitely unless and until Prodecoplus chooses to terminate them.
16. Force Majeure
a) Prodecoplus shall not be liable to You for any eventuality caused directly or indirectly by any act of God, wars (declared or undeclared), insurrections, acts of terrorism, acts of governments or boycotts, lockouts and other civil unrest, or any act of similar nature beyond Prodecoplus’ reasonable control.
17. Governing Law
a) These General Conditions shall be governed by the laws of the Republic of Cyprus. You irrevocably consent to the exclusive jurisdiction of courts in Cyprus for all disputes arising out of or relating to this agreement.