TERMS OF USE OF WEBSITE AND PURCHASING OF PRODUCTS
1. GENERAL
This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of our website and the purchase of products through it (hereinafter referred to as the "Terms").
We urge you to read the Terms, our Cookies Policy and our Privacy Policy (hereinafter jointly referred to as the "Data Protection Policies") carefully before using our website. When you use our website or place an order through it, you are aware that you are bound by these Terms and the Data Protection Policies. lf you don't agree with the Terms and/or the Data Protection Policies, do not use or purchase any products from this website.
2. OUR DETAILS
Sale of goods through our website is carried out by M.G. TIMINIS & SONS LIMITED, a Cypriot company with a registered address at 250, Arch. Makarios 111, 2°d floor, 3105, Limassol, Cyprus, registered in the Registrar of Companies of the Republic of Cyprus with registration number ΗΕ 2699 and email address sales@timsbrands.com.
3. YOUR PERSONAL DETAILS
The personal details that you provide are processed in accordance with the Data Protection Policies. When you use the website, you agree to the processing of your information and details, and you state that all information and details provided are true and correspond to reality.
4. USE OF ΤΗΕ WEBSITE
When you use our website and place orders through it, you agree to use it only for lawful purposes and for placing lawful orders and to provide us with your true details and email address, postal address and/or other contact details. You hereby agree that we may use this information to contact you with regards to your order, if necessary.
lf an order is reasonably considered to be false or fraudulent, we are authorised to cancel it and inform the competent authorities.
When you place an order through the website, you state that you are over the age of eighteen (18) and are legally eligible to enter into binding contracts.
5. CONCLUSION OF ΤΗΕ CONTRACT
Το place an order, you must follow the online purchasing procedure and click on "Proceed to Payment". After doing so, you will receive an email confirming receipt of your order (the 'ΌrderConfirmation"). You will be informed via email that the order has been sent (the "Shipping Confirmation"). Ordering an item from our website constitutes full and complete acceptance of these Terms and means that a contract has been concluded between us (the "Contract").
6. ERRORS
ln case you detect that an error occurred when entering your personal data during your registration as a user of this website, you can modify your personal data in the section entitled "My Account".
ln any case, you are able to correct errors related to the personal data provided during the purchase process by contacting the customer service department at the email address sales@timsbrands.com or the postal address 5, Grigoriou Xenopoulou Street, 1061, Nicosia, Cyprus and/or calling at +35722762346, as well as exercising the right of rectification contemplated in our Privacy Policy.
The website offers details of all the items you have added to your shopping cart during the purchase process, so that, before making the payment, you can modify the details of your order. lf you detect an error in your order after the completion of the payment process, you should immediately contact our customer service to correct the error.
7. AVAILABILITY OF PRODUCTS
ΑΙΙ orders are subject to availability of the specific product. lf there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. lf you do not wish to order the substitute products, we will reimburse any amount that you may have paid.
8. REFUSAL TO PROCESS ΑΝ ORDER
We reserve the right to remove any product from our website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from the website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
9. RISK AND OWNERSHIP OF ΤΗΕ PRODUCTS
You will take ownership of the products when we receive full payment of all amounts due, including delivery charges.
The products shall be under your responsibility from the moment of delivery to you. The delivery shall be understood to have taken place or the order delivered as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you. You accept that evidence of a signature of a third party indicated by you or delivery at the third party's delivery address is evidence of delivery and transfer of responsibility in the same way.
10. PRICE AND ΡΑΥΜΕΝΤ
The price of the products is as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, errors may occur. If we discover an error in the price of any of the products that you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. Ιf we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
The website may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the website that contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms or return policies.
Where applicable, prices are inclusive of VAT, but exclusive of delivery charges, which are added to the total price.
Prices may change at any time. However, except as stipulated above. the changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all items that you wish to buy, they will be added to your cart. The next step will be to process the order and make the payment. Το that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process-before payment-you can modify the details of your order. lf you are a registered user, a record of all the orders placed by you is available in "My Account" area.
We accept all major credit/debit cards through STRIPE Payments.
lf, for any reason. we are unable to dispatch the order within a maximum period of thirty (30) calendar days from the date of the Order Confirmation, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
11. DELIVERY
We deliver the products you have purchased in all areas controlled by the Republic of Cyprus using ACS courier. The products can be either delivered to your door or picked up at ACS courier's office in your town. ΑΙΙ deliveries in Cyprus are free of charge.
Orders are dispatched as soon as the payment is confirmed and are usually delivered in 2 (two) to 5 (five) working days at an agreed time of your choice. The usual delivery time is between 9:00 am - 5:30 pm (Eastern European Time Zone) from Monday to Friday. You will receive a call from ACS courier to confirm the time of delivery. Νο deliveries take place on Sundays and bank holidays. We also do not deliver to Ρ.Ο. Βοx numbers.
Please see the ACS Courier Cost and Transit times for delivery to your door here. You can track your order at www.cyp.acscourier.net by entering your waybill number.
We also deliver products in all European Union Member States, in which case the delivery is served by the DHL courier. The indicative applicable shipping fees (the 'ΈU delivery charges") are the following at the time of writing these Terms:
DHL Express O G - 2500 G EUR 20.00
DHL Express 2500 G - 5000 G EUR 50.00
DHL Express 5000 G - 10000 G EUR 75.00
You can track your order at www.dhl.com by entering your waybill number.
For more information regarding the delivery of products, you can contact us at the email address sales@timsbrands.com.
12. ΙΝΑΒΙLΙΤΥ TO DELIVER
lf after 60 (sixty) calendar days from the date your order is available for delivery, the order cannot be delivered for reasons not attributable to us, we shall assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received (except for the EU delivery charges) without any undue delay within 14 (fourteen) calendar days from the date on which the Contract has been terminated.
13. EXCHANGE/RETURN POLICY
YOUR WITHDRAWAL RIGHTS FROM ΤΗΕ CONTRACT:
You have the right to withdraw from the Contract within 14 (fourteen) calendar days from the day of receipt of the order by you or an assigned third party, without having to state any reason for the cancelation. ln case of multiple goods in one order delivered separately, the withdrawal period expires after 14 (fourteen) calendar days from the day on which you acquire, or an assigned third party acquires, physical possession of the last good ordered in one order.
Το exercise the right of withdrawal you shall fill in the Withdrawal/Returns Form and submit it to us by email on sales@timsbrands.com within the 14(fourteen)-calendar day period stated above. Once we receive your Withdrawal/Returns Form, we shall contact you immediately confirming receipt.
RETURNS:
You shall return the items to us within 14 (fourteen) calendar days from the date you communicate your withdrawal from the Contract. The deadline is met if you send back the goods before the period of 14 (fourteen) calendar days has expired.
For health and hygiene reasons we do not accept returns of underwear and/or beachwear which were unsealed after delivery.
The goods must be returned at the postal address 5, Grigoriou Xenopoulou Street, 1061, Nicosia, Cyprus. We do not accept any returns or exchanges of goods purchased online from our website in any of our brick-and-mortar stores. Unless you deliver the goods to the above address, you shall bear the costs and risks of returning the goods.
When returned, the goods must be in their original condition which includes all tags, security ribbon and packaging, and without being worn, washed or altered. Please return the products using or including all their original packaging, instructions and other accompanying documents. Ιf the goods returned are not in their original condition as explained above, you do not lose the right of withdrawal, but the money that will be returned to you depends on the use made and the reduced value of the products as a result thereof. The goods are your responsibility until they reach our warehouse. Please ensure that they are properly packaged and that you keep your proof of returning the order since we might require you to provide us with records of dispatch to us.
Once the return has been checked by our team and a refund is possible, you will receive an email regarding the returned goods. We will return to you all payments received from you, including delivery charges only in Cyprus (except for any additional charges resulting from your choice of any delivery method other than the delivery method that we offer) without any undue delay, and at any rate, within 14 (fourteen) calendar days from the date on which you notified us of your intention to withdraw from the contract. Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods (tracking number and copy of receipt of shipment), whichever is the earlier. We will carry out reimbursement using the same means of payment as you used for the initial transaction. ln any event, you will not incur any charges as result of such reimbursement.
DEFECTIVE PRODUCTS:
Ιf you think that at the moment of delivery the product is not as stipulated in the Contract, you must contact within 24 (twenty-four) hours of receipt the customer service department by sending an email to the email address sales@timsbrands.com and/or calling at +35722762346, providing the product details and the damage sustained if possible by taking photographs and attaching them thereto.
You must return the product to the address indicated in this clause. After careful examination of the product, we will notify you by email within a reasonable period if the product can be exchanged or whether you have a right to a refund (as appropriate).
Ιf a defect or damage is confirmed on the returned product, we will give you a complete refund including the charges you have accrued for delivery and return. The refund will always be paid using the same payment means you used to pay for your purchase. The refund or replacement of the article shall take place as soon as possible and in all cases within 14 (fourteen) calendar days from the date on which we sent you an email confirming that the refund or replacement of the product is going ahead.
14. LIABILITY
Unless expressly stated to the contrary to the fullest extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, business, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the website and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common Ιaw or otherwise. This does not affect our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
The material displayed on the website is provided without any guarantees, conditions or warranties as to its accuracy. We may update or change the website or its contents at any time without any prior notification. We are hereby exempt from any liability arising from possible errors in the content shown on the website. ln any case and unless otherwise indicated expressly in these Terms and to the extent permitted by law, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product.
15. INTELLEGUAL PROPERTY
You recognise and agree that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to us at all times or to those who grant us the licence for their use. This does not prevent you from using the website to the extent necessary to copy the information on your order or contact details.
16. LIABILITY FOR COMPUTER ATTACKS
We shall not be liable for any damages or loss resulting from a denial-of-service attack, virus or any other program or technologically damaging material that may affect your computer, ΙΤ equipment, data or materials as a result of using the website or downloading content from it or those to which it redirects.
17. WRITTEN COMMUNICATION
Applicable regulations may require that some of the information or communications we send you in the future be in writing. By using the website, you agree that most of the communication with us will be in electronic format. We will contact you by email or provide information by publishing announcements on the website. For contractual purposes, you agree to use this electronic means of communication and accept that all contracts, notifications, information and other communication that we send you electronically complies with the legal requirements of providing it in writing.
18. NOTIFICATIONS
Pursuant to the provisions in clause 17 and unless otherwise stipulated, we may send you notifications either by email or to the postal address you provided us when placing an order.
lt is understood that notifications will be received and acted upon within 3 (three) working days from the day they have been received or sent by email. As proof that the notification has been sent it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, that the correct postage was paid and that it was duly delivered to the post office or to a mailbox; in the case of an email, that the notification was sent to the email address specified by the recipient.
19. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
These Terms are binding both for you and for us, as well as for our respective successors, transferees and assignees. You may not assign, pass on, encumber, subrogate or in any other way transfer the Terms, or the rights or obligations established therein, without having first obtained our written consent. We may assign, pass on, encumber, subrogate or in any other way transfer to third parties, in part or in full, the rights and obligations resulting from the Terms for which you give your consent. Το avoid any ambiguity, such transmissions, cessions, encumbrances or other transfers shall not affect any of your legally recognised rights, nor shall they cancel, reduce or limit in any other way any explicit or tacit guarantees we may have given you.
20. FORCE MAJEURE EVENTS
We shall not be held liable for any breach in the clauses of these Terms when caused by events which are out of our reasonable control ("Force Majeure'').
Force Majeure includes any action, event, failure to act, omission or accident, including but not limited to:
i. Strikes, lock-outs or other industrial action;
ii. Civil unrest, uprising, invasion, terrorist threat or attack, war (declared or undeclared) or the threat of or preparations for war;
iii. Fire, explosions, storms, floods, earthquakes, subsidence, epidemic or any other natural disaster;
iv. lmpossibility of use of trains, boats, planes, motor vehicles or other means of transport, whether public or private;
v. lmpossibility of use of public or private telecommunications systems;
vi. Acts, decrees, legislation, regulations or restrictions by any government or public authority.
Our obligations will be understood to be suspended while the Force Majeure event is happening, and we will be allowed to extend the time in which our obligations must be fulfilled by a period as long as the duration of the Force Majeure event. We will use all reasonable means to bring the Force Majeure event to an end or find a solution that will let us fulfil our obligations despite the Force Majeure event.
21. WAIVING RIGHTS
lf you breach these Terms and we take no action, or if we delay in taking action, that does not mean that we have waived our rights. You are still obliged to fulfil your obligations and we will still be entitled to use our rights and remedies. Νο waiver by us of a specific right or action shall entail a waiver of other rights or actions derived from the Terms. Α waiver of any of these Terms shall not be legally effective unless it is expressly established that it is indeed a waiver, the waiver is formalised, and you are informed in writing, as established in clause 18.
22. PARTIAL ANNULMENT
Should any of these Terms or any provision of a Contract be declared null and void by firm resolution from the corresponding authority, the remaining terms and conditions shall remain in effect without being affected by said declaration of annulment.
23. ENTIRE CONTRACT
These Terms constitute the entire agreement between you and us and they supersede any and all earlier agreements or promises made verbally or in writing between you and us.
24. MODIFICATION OF TERMS
We have the right to review and modify these Terms at any time. lt is your responsibility to read them periodically, as the Terms in effect at the moment in which you use our website or place an order shall be those that apply. lf you disagree with the Terms, do not continue to use the website. ln case by law or decision of governmental entities we must make changes retroactively to these Terms or Data Protection Policies, the possible changes will also affect orders made previously by you.
25. GOVERNING LAW AND JURISDICTION
These Terms are to be construed in accordance with the laws of Cyprus and in the event of any dispute or claim associated with these Terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Cyprus courts.
26. COMPLAINTS
Ιf you consider that your rights have been breached, you can address your complaint to us in order to examine, resolve it and seek an out-of-court settlement. ln this regard, we, in line with EU Regulation Νο.524/2013, hereby inform you that you are entitled to seek the resolution of the consumer dispute with us out of court, through the platform for the online dispute resolution accessible through the lnternet address www.ec.europa.eu/consumers/odr.
27. CONTACT
For any comments, feedback, queries or any question, you may reach us by contacting the customer service department at the email address sales@timsbrands.com or the postal address 5, Grigoriou Xenopoulou Street, 1061, Nicosia, Cyprus and/or calling at +35722762346.
Last revision: 08/05/2023