Terms and Conditions
1. Introduction
The terms below govern the terms and conditions of purchase for products bought or purchased by any person (“you”, “Client”) from Cymar Ltd a company registered in Cyprus with Registration Number HE 1573 (hereinafter “us”, “we”, “our”, “Cymar Ltd” or “Mothercare”) at the store or through this website. By purchasing a product or by using this website and placing your order through it, you hereby accept these terms and conditions.
These Terms and Conditions should be read in conjunction with the Website Terms of Use.
2. Age Limit
By using the Website, you warrant that you are at least 18 years old and that you reside in the Republic of Cyprus.
3. Data Protection
When using this Website and when purchasing products through our website, we collect some data depending on the use. Your data will be processed in accordance with our Privacy Policy.
4. Formation of the Contract of Sale
4.1. In-Store Purchases
For in-store purchases the contract is concluded at the cashier
4.2. Online Purchases and Other Orders.
As soon as you have placed your order, this constitutes an offer from you to buy the Product. We will send you an email acknowledging that we have received your order and as soon as the Product is allocated and selected by us for delivery. You will then be informed through a Dispatch Confirmation as soon as the delivery has been initiated. At that point the contract is formed.
We may at any case prior to sending the Dispatch Confirmation, cancel the order and return any money paid.
5. Delivery of Products
We will make every effort to deliver all products within Cyprus within a maximum period of 30 days from the date of contract formation. All deliveries must be signed for, and you will be responsible for the products as soon as they are delivered and found to be in conformity to the contract.
The delivery fee is €5 Euros provided that the total amount of a single order is below €40 Euro (including VAT). In case the total amount of a single order is over €40 Euro (including VAT), you will not be charged any delivery fees.
Ownership of the products shall pass to you once we have received payment in full. If we cannot deliver the products to you at the address you have specified for any reason (other than when we are at fault), we will notify you. If you wish us to redeliver the products to you, we will notify whether extra delivery costs occur.
If we do not hear from you within 14 days, we will cancel the order and refund your payment to you less any reasonable delivery charges we have incurred.
6. Payment of Products
For in-store purchases the payment will take place at the cashier. For online purchases the payment will take place through the Website. As we are not responsible for the operation of the Website we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via any link. If products are not available for any reason after we have accepted your order, we will let you know. We will not charge you for these products and will refund any amounts already paid (if any) by way of a credit to your credit card/debit.
7. Returns of Products and Cancellation of Orders
You may cancel your order any time prior to delivery.
Click here to download the Returns Form.
7.1. Defective Products
For online or in-store purchases you may return any defective product to us, and we will either repair, exchange, issue a credit note or provide you with a full refund. We note that in order for us to be able to assist you in any way when purchasing defective products, the defect must have existed on the time of delivery.
7.2. Products which are not Defective
For in-store purchases: You have 30 days to return your products and obtain a credit receipt. To accept the return of products purchased in-store the products must be sealed and unopened, the original packaging must not have been torn or destroyed or tampered with in any way and the product must not have been used. In case the product is eligible for return, you will be given a credit-voucher. During discount periods, the abovementioned returns period will be available for the period of 15 days.
For online products: In case you are acting as a consumer you may cancel your order within 14 days after delivery (“Right of Withdrawal”). In case you cancel your order you will receive a full compensation through the mode of purchase you have paid. You will not be reimbursed the cost of delivery.
The following products bought online cannot be returned: Those which are liable to deteriorate or expire rapidly, sealed goods not suitable for return due to health protection or hygiene reasons which were unsealed after delivery, products which have been mixed inseparably with other items after delivery, sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
The Right of Withdrawal can be exercised by communicating your intention to us by any means. You can also use the form included in Annex A of these Terms and Conditions by sending it to the email address mentioned in the Annex.
8. Vouchers, Gift Cards and Credit Notes
Gift vouchers issued by the Company cannot be redeemed in cash or in any other form of monetary payment. The Company will not refund money in case of Products which have been paid fully or partly with Vourchers or Gift Cards or credit notes. For such Products, instead of a refund, a credit note of equal value will be provided.
The gift card can be used until its expiration date in all stores with the physical presence of the Customer but can not be used on the Website. If not used by the due date, any amount of credit on the gift card will be reduced to nil.
Credit Notes have a validity period of 12 months from the date of issue and cannot be exchanged for money, gift cards, vouchers or other Credit Notes.
9. Loyalty Card
You can become a member of our loyalty card scheme. Loyalty Card holders can take advantage of offers and discounts on products provided that the following terms and conditions apply:
- The Loyalty Card is valid from the beginning of your pregnancy until your baby is one year old.
- The Loyalty Card applies only to in-store purchases from all Mothercare stores in Cyprus.
- The Loyalty Card discount does not apply to sales items nor does ti apply to the following brands: Stokke, Cybex, Babyzen and Besafe brands.
- In case of return of items bought using the loyalty card:
- The discount under the loyalty card will not be exchanged with a credit note or gift voucher or any form of monetary compensation and
- In case of exchanges, the discount under the loyalty card will apply to the difference between a new item purchased and the original item bought with the loyalty card.
10. Changes to the Terms
We may at our sole discretion modify these terms and conditions by making an announcement on this Website.
11. Disclaimer of Liability
By submitting any order through the Website, you undertake not to engage in any illegal activity or profit making activity, or to engage in fraudulent activities. If we reasonably believe that such an order has been placed, we will have the right to cancel the order and inform the competent authorities. You must provide us with correct and accurate contact information and acknowledge that we may use this information to contact you if this is necessary (see our Privacy Policy). If you do not provide us with all the information we need, we may not be able to complete your order.
The items offered for sale through this site are only available for delivery to the non-occupied areas of the Republic of Cyprus.
12. Settlement of Disputes
In case of a complaint arising from this terms and conditions, you can try and resolve this by contacting the Cyprus Consumer Center for Alternative Dispute Resolution through their website www.adr.com.cy (telephone number 22519741) or you may select that Center through the European Union’s Online Dispute Resolution Platform accessible at http://ec.europa. consumers/odr/.
13. Applicable Law
These terms are governed by and construed in accordance with the laws of the Republic of Cyprus. Any dispute falls under the exclusive jurisdiction of the courts of Nicosia in the Republic of Cyprus.
ANNEX A – WITHDRAWAL FORM
| To | Cymar Ltd
34, Areos Street, Latsia, 2234, Nicosia Cyprus Telephone: 22467530 Fax:22467536 |
| I/we hereby declare that I/we withdraw from the contract of sale of the following goods: | |
| Order date and receipt date | |
| Name | |
| Address | |
| Signature if the form is submitted in printed form | |
| Date |