These terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement between you and Marcos Stephanou & Sons LTD, a Cyprus limited company with registration number HE 34236, having its registered office at Kolonakiou 3, 4103 Agios Athanasios, Limassol, Cyprus (the “Company”, “we”, “us”, or “our”), concerning the following:
Please read the Terms and Conditions carefully before taking any of the actions listed above.
Should you wish not to be bound by these Terms and Conditions, you should immediately stop using the Website and close all browser windows through which you may have navigated to the Website.
By navigating to and/or browsing and/or otherwise using the Website, registering and/or signing up for an account with the Website and/or placing an order and/or purchasing products through the Website and/or making use of any other service provided and/or offered by the Website, you shall be deemed to have accepted and to be bound by these Terms and Conditions as well as the privacy policy published on the Website and accessible at https://opa.cy/privacy-policy (the “Privacy Policy”), whether or not you have been required to expressly accept the same.
You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
These Terms and Conditions may be modified at any time and the modified Terms and Conditions will become effective upon publication on the Website. You are required to review the Terms and Conditions each time you wish to use the Website, to ensure that you understand the terms that apply at that particular time. For the avoidance of any doubt, you are responsible for staying informed of any changes. Each time you access the Website you are deemed to reaffirm your acceptance of the applicable Terms and Conditions at such time. In case you do not agree to the modified Terms and Conditions, you should discontinue using the Website.
Without prejudice to the generality of the preceding paragraph, any change to the Terms and Conditions as well as to the Privacy Policy which materially affect your rights and/or the processing of your personal data will be actively communicated and/or otherwise disclosed to you through the Website and your acceptance of such changes shall be required in order to continue using this website.
The purpose of the Website is to provide fresh fruit, vegetables, groceries and other products for sale to consumers and the distribution of sales to consumers through our own delivery network. The use of the Website is provided free of charge.
The use of the Website’s services and/or content is available exclusively to persons over eighteen (18) years of age.
When registering and/or signing up for an account with the Website you shall be required to select and input a password as well as your email address. You are encouraged to select a strong password, never share this with anyone, and log out of your account each time before ending your visit to the Website.
All information you provide on the Website must be correct, accurate and compete. We reserve the right to disable any account at our sole discretion at any time and for any reason, including but not limited to, the case where you have failed to comply with these Terms and Conditions.
Personal data is collected, stored, processed and used in accordance with the Privacy Policy.
We do not guarantee that our Website and/or any services provided and/or any content on it will always be available or without downtime. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and/or other operational reasons. We shall not be liable to you for the lack of availability of the Website, at any time and/or for any duration.
Although we take great care and make reasonable efforts when entering product information and description on the Website and to keep such information updated, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date and shall not be held liable for any mistakes or
The prices indicated on the Website are shown in Euros, include any applicable taxes and do not include delivery costs. The delivery costs are clearly shown during the checkout process separate to the price of the products.
We reserve the right to amend the product prices at any time, however this shall be indicated at the time of checkout and/or at the time the order is placed.
In case of an obvious mistake on the product price appearing on the Website and at the time of checkout for whatever reason, whether technical or human error, your order will be cancelled and any amount paid shall be returned to you.
We strive to meet or exceed expectations at all times with regards to the services offered through the Website. Should a product become unavailable after the placing of an order, we shall notify you accordingly prior to delivering the order to you and we shall offer you the option of replacing it with an available product or offer a refund of the amounts paid for such unavailable product.
Payment for your order is currently offered through three (3) options:
Where you choose to pay by online card payment, the payment processing is done through the selected payment solutions provider (JCC or PayPal), who shall provide and ensure the implementation of required safety and security standards. Any card details or other payment related information are directly provided to the payment provider. At no time do we or the Website receive or have access to your card details or payment data and we shall not be liable to you in any way whatsoever for any loss which results through the usage of the selected payment method, unless such loss is directly caused through our own gross negligence, wilful default or fraud.
We shall take all reasonable endeavors to ensure that orders placed through the Website are delivered to your selected address, within the selected time slot. In case that will not be possible we will attempt to contact you and arrange an alternative delivery time slot.
We are nevertheless not liable to you for any consequences whatsoever resulting from a delayed or unsuccessful delivery either due to our own operational reasons, or reasons outside our reasonable control.
In case the order fails to be delivered within two (2) clear working days after the time of placing the order, you shall be entitled to cancel the order and receive a refund of the full amount paid for the order by contacting us by telephone, e-mail or through any other method advertised on our Website.
You shall have the right to return any non-perishable items purchased through our Website provided that such returned items reach us within seven (7) calendar days from the date of delivery of your order. You shall bear the cost for the delivery to us of any returned products. Upon receipt by us of the products returned, provided the product and its packaging is unused and undamaged, we shall process a refund to you through the method originally used for payment and/or as otherwise agreed with you, within ten (10) working days. We shall only accept liability for a refund provided that the products have actually been delivered to us.
You may refer and/or draw the attention of other persons to the Website, however you may not replicate, copy, print or download the Website and/or any part thereof. Replicating the Website and/or any part thereof is strictly prohibited.
You may not modify any material posted on the Website in any way, including any illustrations, photographs, video, audio, or graphics.
You may not use any part of the content of our Website for commercial purposes without our explicit license and/or consent.
You are permitted to use the Website and/or any part thereof only in a lawful manner.
Upon any breach of this section of the Terms and Conditions you shall cease having the right to use the Website and we shall have the right to require you to return and/or destroy the materials you have copied, modified, downloaded, replicated and/or otherwise have in your possession.
All content on the Website is protected by copyright and other applicable intellectual property laws. Any reproduction of this content by any means and on any medium, except as otherwise permitted by law, shall be subject to the prior express authorization, consent and/or licensing by the lawful owner.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
Save as otherwise expressly provided under these Terms and Conditions and/or by applicable laws, we shall not be liable to you for any loss or damage of any nature whatsoever, whether direct or indirect, arising under or in connection with the use of the Website or reliance on the information displayed thereon and in any event our liability to you shall not exceed the amount paid to us for the processing of any relevant order.
We do not guarantee that our Website will at all times be secure and/or free from bugs or viruses. You are responsible for configuring your own personal device and software for accessing the Website. You are advised to install and use an antivirus software.
You must not misuse our Website by knowingly introducing viruses, trojans, or other malicious or harmful software and/or code. You must not attempt to gain unauthorized access to our Website and/or systems, the server on which our Website is hosted and/or run, or to any server or database connected to our Website. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. Any breach of this term constitutes a violation of applicable laws and shall be forthwith reported to the police, together with your identity and other personal information, if known to us, and your right to use the Website shall terminate forthwith.
You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw the above permission without notice.
When you use any of our services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the Website.
You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we enter into with and/or provide you electronically satisfy any legal requirement that such agreements, notices, disclosures and communications be in writing unless otherwise required by applicable laws.
We will only use your personal information as set out in the Privacy Policy which you are required to accept before using this Website. We are committed to protecting the privacy of our users, and strive to provide a safe user experience. By using this Site or application, you agree to the collection, use and transfer of your data as per the privacy policy.
Our Website may offer the functionality of signing-up and/or registering for an account with the Website by allowing the Website access to information held through an existing online account which you may have with a third-party provider, such as a social media account (a “Social Media Account”).
In case you opt to make use of such functionality, you represent and warrant that you have the right to disclose any Social Media Account login information and/or grant access to the Website to your Social Media Account and such action on your part would not constitute a breach of any terms of use of such Social Media Account or any obligations on your part thereunder, and without requiring us to pay any fees or making us subject to any usage limitations imposed by the provider of such Social Media Account.
By granting us access to your Social Media Account you understand that we may access, store and make available any content that you have provided to and stored in such account, including without limitation any friend lists or other additional information, to the extent that you are so notified, and grant us access thereto, at the time of linking your Social Media Account with our Website. Personally identifiable information which is available on your Social Media Account may be available through your account on the Website and its collection, storing and/or processing shall be governed by our Privacy Policy.
If our access to such Social Media Account becomes unavailable or is terminated, this may affect the availability of your account with the Website.
You have the right to disable the connection between the Social Media Account and the Website at any time.
These Terms and Conditions constitute the entire agreement between you and us, superseding any prior agreements (including, but not limited to, prior versions of the Terms and Conditions).
If any provision in these Terms and Conditions is or shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, this shall not affect the validity or enforceability in that jurisdiction of any other provision hereunder.
These Terms and Conditions shall be governed by Cyprus law. You and Us both hereby agree that the courts of Cyprus shall have exclusive jurisdiction to hear any dispute that may arise in relation hereunder and/or otherwise in relation to the use of the Website and/or the subject matter hereof.