Terms of Service & Use
Welcome to our company website. Kiaroskin.com is the online
sale and service store (hereinafter referred to as ‘online store’) of the
company “KIARO SKINCARE LTD”, which is based in Limassol, Cyprus, 11, Kaminion
Street, 4100, Ayios Athanasios, with the VAT Reg. no HE???? and registration
number ΗΕ ???, and email info@kiaroskin.com (hereinafter referred to as the
“COMPANY.”)
The below terms and conditions exclusively cover the sale of
products and/or services through the online store of the COMPANY which is
located on the website www.myskincy.com (hereinafter referred to as ‘site’).
Any other Terms and Conditions are expressly excluded. Every User who enters
and makes a transaction or otherwise utilizes the services of the online store
(hereinafter referred to as ‘Client’ or ‘User,’ respectively) is deemed to have
granted consent and unconditionally accepted the terms set forth herein,
without exception. If a User does not agree with these terms, he must refrain
from using the online store and conducting transactions with it. The COMPANY
reserves the right to change the terms of use at any time.
Information & Products
The COMPANY is committed to providing true, accurate, and
complete information on its online store with regard to the identity and
details of both the COMPANY and its suppliers, as well as the main
characteristics of the products that are available through its online store.
The COMPANY is not bound by any technical or typographical inaccuracies which
may have occurred in error, by omission, or are related to force majeure, and
reserves the right to amend them should they be identified.
Limitation of Liability
The COMPANY fully complies with the provisions of Cypriot
Law regarding sales as well as European directives for Consumer Protection.
The COMPANY, in the context of its transactions from its
online store, informs the Customer of availability or non-availability based on
the current data and in no case can guarantee availability. In every case, the
COMPANY undertakes to inform the customer of the unavailability in a timely
manner, in which case does not bear further responsibility.
The COMPANY tries to provide high quality service on a daily
basis. In good faith, the COMPANY is not responsible for and is not bound by
any errors in the features, photos, and prices of products listed on the site
and cannot guarantee that errors will not occur for any reason when entering
and/or updating the features and/or the price of a product.
The COMPANY bears no responsibility for any unauthorized
interference by third parties in the products and/or services and/or
information available in its online store.
The COMPANY does not in any way state that the information
contained in the documents and announcements published on this server are
appropriate for any purpose. Every such document and related graphic display is
provided ‘as is’ without warranty of any kind.
The COMPANY bears no responsibility or liability for any
losses or non-pecuniary damages resulting from the inability to provide support
services.
The COMPANY makes every effort to provide high quality
services but cannot guarantee there will be no interruptions or errors.
Responsibility of the User
Every User is free to use the site in accordance to the Law
and good morals. The User is solely responsible for the content of
transactions. The COMPANY does not exercise any kind of correction or
intervention in the data transferred by the User. The User is obliged to fill
in the following fields correctly and with precision: name, address, message,
etc. in the online contact forms. Use of the site is subject to Cypriot,
European and International law and the User agrees not to use the site in a way
that violates these laws.
In the context of the above, the User agrees and refrains
from using the online store for:
Sending, publishing, emailing or transmitting in another way
any content that is illegal for any reason, infringes upon and causes harm to
the COMPANY or to any third party or breaches the privacy or the confidential
information of any individual,
Sending, publishing, emailing or transmitting in another way
any content that violates users’ morals, social values or age appropriateness
etc.
Sending, publishing, emailing or transmitting in another way
any content which users do not have the right to publish according to the law
or enforced contracts (such as internal information, proprietary and
confidential information obtained or disclosed as part of an employment
relationship or that are covered in confidentiality agreements).
Sending, publishing, emailing or transmitting in another way
any content which constitutes an infringement on copyright, trademark, trade
secret, patent, or other third party property rights.
Sending, publishing, emailing, or transmitting in another
way any content which contains software viruses or other codes, files, or
programs designed to interrupt, cause damage, or destroy the operation of any
computer software or hardware.
Intentional or unintentional violation of applicable laws or
regulations.
Harassment of third parties in any way
Collecting or storing personal data of other users.
Additionally, the User agrees that no members, associates,
employees, management, shareholders and other associates of the COMPANY are
responsible for anything that may arise from the third parties who use the
site. Any usage that conflicts with the above will result in termination of
services without prior notice, as well as incur possible civil penalties.
Invoice Policy
The prices of the online store can change at any time
without notice.
In the context of good faith and for your own protection, we
request that customers who detect an unusually high or low price for a product
in relation to its market value to please refrain from proceeding with their
order and instead contact the Customer Service Department via email at info@kiaroskin.com
Copyright and Industrial Property Rights
All content of the online store, including headers, badges,
images, graphics, photographs, drawings, text, etc. is the intellectual
property of the COMPANY and is protected in accordance with the relevant
provisions of Cypriot Law, European Law, and international conventions, or is
considered third party intellectual property for which the COMPANY has received
a license to use for its own exclusive needs and for the operation of its
online store.
Any copying, transferring, or recreation of derivative
content is prohibited, as is the deliberate misleading of the public with
regard to the actual provider of the online store. Reproduction, dissemination,
transmission, and retransmission of content or any other use of content for
commercial or other purposes is permitted only with the prior written consent
of the COMPANY or any other copyright holder. In particular, the names, images,
logos and identifiable badges which represent the online store with the
myskincy.com trademark or third parties and their products or services, are the
exclusive trademarks of the COMPANY or the third parties, respectively, and are
protected by relevant trademark laws. Their appearance on the site should in no
way be construed as a transference or assignment of their license or the right
to use.
Links to other websites
The COMPANY does not control the availability, content,
privacy policies, quality, and completeness of services of other websites and
websites to which it redirects via hyperlinks or advertising banners.
Therefore, should any problem arise during their use, the User must directly
address it with the respective websites, which bear the relevant responsibility
for the provision of their services. The provision of links on the online store
is for the User’s convenience, and the COMPANY does not in any way approve,
accept or is responsible for the content of each link.
Declaration of Confidentiality
When the User sends an online request, we use the
information he provides to respond to his question electronically. We treat the
applications completed by each User as well as all email correspondence as
confidential data. We do not share this content with anyone other than the
directly involved recipient and, in cases where the law stipulates, only if it
is requested of the COMPANY or in cases where the content of the message is
considered an affront or an offence to the COMPANY. Such action is necessary for:
The protection of the rights and property of the COMPANY
The protection against misuse or unauthorized use of the
site
The protection of the personal safety or property of users
and the consumer public.
However, if the User provides a false email address to the
COMPANY or attempts use someone else’s identity to send information online, all
the information – as well as the IP address – will be subject to any subsequent
investigation. The people of the COMPANY may need to edit the User’s email in
collaboration with the technical department. Additionally, if any User requests
to contact a relevant employee from the service department for assistance with
his email, then this employee will be able to access the entire range of
information that is relevant to the User’s request, including the User’s email
address and messages.
The COMPANY bears no responsibility for the security of
other websites or the way in which they manage their online visitors.
Update on NEWSLETTER/SMS Distribution
The company Kiaro SkinCare Ltd (• 11, Kaminion street, 4100
Ayios Athanasios, Limassol • info@kiaroskin.com), as Data Controller, requests
your consent to send informational/marketing materials (newsletter) to your
email as well as text messages (SMS) about offers and new services. Your email
and personal cell phone number will be used only by kiaroskin.com and will not
be disclosed to third parties, even if the newsletter/SMS includes third party
products and/or services, with which the COMPANY maintains commercial
cooperation. Your consent is given by registering or renewing your preferences,
and these will be adhered to for as long as the COMPANY sends you the
newsletter/SMS, and for up to six months after termination of its distribution.
You can withdraw your consent at any time by clicking on the link found at the
bottom of each newsletter which reads ‘Should you no longer wish to receive
this email, you may unsubscribe here’. You have the right to access, amend,
delete, transfer, restrict, revoke/recall your consent, by sending an email to
info@kiaroskin.com. If you believe that the processing of your personal data
violates the data protection law, you can file a complaint with the Personal
Data Protection Authority (www.dataprotection.gov.cy). For any questions you
may have about the processing of your personal data and the exercising of your
rights, you may contact us at (•11, Kaminion street, 4100 Ayios Athanasios,
Limassol • info@kiaroskin.com).
Terms & Conditions of Purchase
Scope of Application
The present Terms and Conditions apply to any sale of
products or services sold by the company under the trade name “MySkinCy.com”,
headquartered in Limassol, Cyprus, 11, Kaminion str., 4100, with VAT Reg. no ?????
and company registration no ???, via its e-shop www.kairoskin.com (hereinafter
referred to as “e-shop”).
Order: Placement and Acceptance
2.1 Placing an online order – Proposal for purchase of
products
Your online order is placed once you fill in and submit the
special Order Form available at our e-shop “Shop”. Prior to placing the order
(checkout), the Customer must read and agree to the Terms of Use by clicking on
“I have read and agreed to the Terms”. By doing so, the Customer expressly and
unreservedly declares that before placing his/ her order, he/ she has received
in a clear and understandable manner the following information:
The main characteristics of the products and/ or services
ordered, as set out in the e-shop’s pages. The Customer must check all relevant
features prior to placing his/ her order, so as not to have any doubt about the
characteristics and properties of the ordered products and/ or services. The
COMPANY cannot be held liable in the event that the Customer fails to be
adequately informed of the aforementioned.
The corporate identity, address, telephone number, and
e-mail address of the COMPANY as well as of the supplier of the ordered
products and/ or services.
The total price of the products or services of the order,
inclusive of VAT, any other charge and all additional shipping, delivery or
postal charges as well as any other costs. When these charges cannot be
reasonably calculated in advance, the fact that such additional charges may be
payable is made known to the Customer in the order text (order form) and the
Customer must read this text in order to be fully aware of any costs before
placing the order. Additional charges or other costs that were not disclosed to
the Customer before placing his/ her order or in the event they could not be
calculated at the time of placing the order and were not notified to the
Customer by phone prior to confirmation of receipt of the order, then they
shall not be borne by the Customer without his/ her prior express consent. In
particular, the listed prices of products and/ or services as set out in the
e-shop are the final ones (including the relevant VAT). The above mentioned
final prices of each product in the e-shop do not include shipping costs, which
are calculated and indicated in the order text based on the shipping method.
The cost of using the means of distance communication for
the conclusion of the contract where the cost is calculated other than at the
basic rate.
The means of payment, delivery, performance, time by which
the COMPANY undertakes to deliver the products or provides the services.
Any restrictions when it comes to delivery and means of
payment.
The conditions, exceptions, deadlines and procedures for
exercising the right of withdrawal as well as the fact that the Customer will
have to bear the cost of returning the products to the COMPANY in case of
withdrawal.
In the event that the Customer exercises the right of
withdrawal after having used the product/ service, he/ she will have to pay a
reasonable cost to the COMPANY.
Where a right of withdrawal is not provided for in
accordance with the Law, the information that the Customer will not benefit
from a right of withdrawal or, where applicable, the circumstances under which
the Customer loses the right of withdrawal.
The existence of the COMPANY’s liability for the actual
defects or the lack of agreed qualities according to L. 7(Ι)/2000.
Where applicable, the existence and the conditions of
after-sales customer assistance, after-sales services and commercial
guarantees.
The duration of the contract, where applicable, or if the
contract is of indeterminate duration or is to be extended automatically, the
conditions for terminating the contract.
Where applicable, the minimum duration of the Customer’s
obligations under the contract.
Where applicable, the existence and the conditions of
deposits or other financial guarantees (e.g. advance payment in case of
pre-order, etc.) to be paid or provided by the Customer at the request of the
COMPANY.
Where applicable, any relevant interoperability of digital
content with hardware and software that the COMPANY is aware of or can
reasonably be expected to have been aware of.
Where applicable, the possibility of having recourse to an
out-of-court complaint and redress mechanism to which the COMPANY is subject,
and the methods for having access to it.
The obligation to pay upon placing the order.
Sending the order for approval to the COMPANY is a
declaration of acknowledgement and consent to all charges that are included in
the order. Any lack of consent shall mean that the Customer is entitled to a
refund of this payment.
2.2 Order Confirmation – Contract of Sale
The order is not binding on the COMPANY, prior to the
Customer receiving an order confirmation from the COMPANY, as described below.
The order is deemed to have been received by the COMPANY
from the moment the Customer receives a relevant order status update. Updates
on the order status are displayed on the User’s screen and sent by email to the
email address submitted by the User/ Customer. The status of the order is
updated by email. The Customer must check his/ her order and immediately notify
the COMPANY (no later than 2 hours from the time of receipt of the electronic
notice) in writing of any errors; otherwise the information mentioned in the
e-mail will be applied to the Contract of Sale.
During the processing of each registered order, the
availability of stock of the products of the order is confirmed. In case the
availability or delivery time differs from the one indicated on the product
page, the Customer will be informed accordingly. Once the COMPANY verifies the
availability of the product and the lack of any errors in the e-shop regarding
the pricing or the price of the product, their characteristics, etc., it will
confirm the order by email. The above email will explicitly confirm the content
the total price of the order, as it became known to the Customer before placing
the order. The order is considered binding and the contract of sale is deemed
to have been concluded and be legally binding on both parties (Customer –
COMPANY) only by sending and receiving the above e-mail with the indication
“New Order”.
The Customer is obliged to check the status of his/ her
order and to immediately inform the COMPANY in writing of any errors in the
order, otherwise the information mentioned in the confirmation of the order
will be applied to the Contract of Sale.
The Customer also has the possibility to trace the status of
the order, by e-mail (info@kiaroskin.com).
Limitations of Liability:
In the context of good faith and business ethics, the
COMPANY is not obliged to accept an order and conclude the sale of products
and/ or services which, due to typographical or computer error, appear in the
e-shop with an incorrect price, i.e. less or greater than the one applicable
for that period. If such an error in the order price is found only in part of
the ordered products, then the order is valid and normally executed for the
other products and is considered incomplete for the products in which the error
was found, unless the items in the order are relevant, are to be used as a
whole and act as a unit and the Customer states that the partial delivery of
the order does not serve his/ her needs or interests, and therefore the COMPANY
shall cancel the entire order.
In case of incorrect shipment of unsolicited products or
services, their unconditional receipt or failure to inform the COMPANY and
return the products cannot be considered as consent, acceptance or declaration
of intent to purchase them. If the COMPANY asks the Customer to return the
products and he/ she fails to return these products within seven (7) working
days, then such refusal constitutes a declaration of intent to purchase the
products and the order is deemed to have been confirmed and the Customer must
pay their value.
Availability of products
The Customer is informed about the availability of products
through indications displayed on the page of each product or service in the
e-shop. The COMPANY reserves the right
to sell its products if they are not available at the time of the order. In
this case, the COMPANY reserves the right not to accept the order and therefore
not to go through with the sale. Any payments will be refunded to the Customer
without undue delay, in the same way that the Customer has chosen to pay for
his/ her order.
Delivery of Order
5.1. Place of Delivery
Shipping Methods
The Customer must present his/ her ID and the credit card
with which the purchase was made when picking up the order or upon delivery
Picking up the Order from the Courier company’s store: In
the event that the Customer chooses upon placing his/ her order to pick up the
product(s) ordered from the courier store, he/ she will receive an electronic
notice of the estimated time of receipt of the order from the said store
(confirmation of receipt). The Customer must pick up the order within five (5)
working days of receipt of the relevant confirmation of receipt. If the
Customer does not pick up the product(s) ordered within five (5) working days
of receipt of the relevant confirmation of receipt, the COMPANY reserves the
right to withdraw from the sale. When picking up the order, the Customer must
present the confirmation of the order (order code) and the confirmation of
receipt, as well as an official identification document (such as an ID or
passport). If the Customer wishes to authorise a third party to collect his/
her order, then this third party must have with him/ her a document authorising
him/ her to pick up the order as well as an official identification document
(such as an ID or passport). Given that upon receipt of the product(s), the
risk is transferred to the Customer, the latter must verify upon receipt that
he/ she has correctly collected the product(s) included in his/ her order.
Delivery to a place specified by the Customer: In case the
order is to be shipped to an address chosen by the Customer, the product(s)
will be delivered to a third party contractor-courier and the Customer is
notified electronically. Shipping costs are calculated based on the Customer’s
order. The COMPANY cannot be held liable for any errors on behalf of the
Customer resulting in the incorrect calculation of shipping costs and these
costs to be borne by the Customer. To
pick up the order, the Customer must present to the third party
contractor-carrier the confirmation of the order (order code) and the
conformation of receipt, as well as an official identification document (such
as an ID or passport). If the Customer wishes
to authorise a third party to collect his/ her order, then this third party
must have with him/ her a document authorising
him/ her to pick up the order as well as an official identification
document (such as an ID or passport). Given that upon receipt of the
product(s), the risk is transferred to the Customer, the latter must verify
upon receipt that he/ she has correctly collected the products included in his/
her order. If the Customer does not collect the product(s) after having
received the notice for shipment and despite the relevant notification from the
courier, the COMPANY reserves the right to withdraw from the sale.
5.2 Delivery Time
The delivery time of the sold products and services is
determined in the order depending on the availability. It is stated in the
confirmation of the order by the COMPANY and it is at most fourteen (14) days
from the time of sale, unless otherwise agreed by the parties, which is
confirmed in writing by e-mail.
Force majeure:
The COMPANY cannot be held accountable for any delays in the
execution of the order (including delivery) due to events that cannot be
attributed to the Company’s fault or due to force majeure and therefore the
COMPANY is entitled to extend the time of execution of the order. Indicative
examples include strikes, terrorist acts, war, supplier/ transfer/
manufacturing issues, exchange rate fluctuations, government or legislative
acts and natural disasters. If such incidents occur and last for more than two
(2) months, the contract of sale may be terminated by any party without
compensation. If the Customers deems
that he/ she is no longer interested in the execution of the order, he/ she is
entitled to terminate the contract of sale and the COMPANY is obliged to refund
the amount paid for the product(s) as well as any other amount paid under the
contract of sale.
Payment
All products, even delivered products, shall remain the
property of the COMPANY until they have been fully paid for.
Right of withdrawal from distance contracts (off-premises
purchases, e.g. online purchases, by phone or mail order etc.)
The Customer has the right to return online purchases within
14 days of receiving them. The Customer shall only be liable for any diminished
value of the product(s) resulting from the handling of the product(s) other
than what is necessary to establish the nature, characteristics and the
functioning of the product(s). If the COMPANY has not adequately informed the
Customer about the right of withdrawal, the withdrawal period is extended for
one year.
The Customer can return the product(s) directly to the
COMPANY’s office in Cyprus at 11, Kaminion str., 4100, Ayios Athanasios,
Limassol, Cyprus. In any event, for online orders the Customer may, prior to
retuning the product(s), contact the Customer Service Department of the COMPANY
by email (info@kiaroskin.com). In particular, the Customer has the right to
return any product purchased from the e-shop without stating the reasons, under
the following terms and conditions.
(a) The Customer has the right to withdraw from the sale
(hereinafter referred to as “Withdrawal”) within fourteen (14) working days
from purchasing the product(s) and in case of many products ordered by the
Customer with one order and delivered separately from the time of receipt of
the last item.
(b) If the Withdrawal is unjustified, the Customer shall
return the product(s) in the exact same condition that he/ she has received it/
them. In particular, the returned product(s) must not have been used, must be
in excellent condition (“as new”) and must be returned in its original
packaging (box, nylon etc,) which mustn’t be torn or damaged, while all the
contents of the original packaging must be included. Additionally, in order to
accept the return of the product(s), the original purchase receipt (retail
receipt, invoice) must be presented by the person who originally purchased the
product(s) and whose details are shown on the purchase receipt.
© The return of the item is accepted only if the Customer
has previously paid any amount charged by the COMPANY for the shipment of the
product(s) to him/ her and the shipping costs for its return.
(d) The Customer has the obligation to return the product(s)
within fourteen (14) days to the COMPANY, unless otherwise agreed between the
two parties.
(e) The COMPANY shall reimburse all payments received from
the Customer, including the costs of delivery without undue delay and in any
event not later than 14 days from the day on which the COMPANY is informed of
the Customer’s decision to withdraw from the contract.
(f) The COMPANY shall not be required to reimburse any
supplementary costs, unless the Customer has expressly opted for a type of
delivery other than the least expensive type of standard delivery offered by
the COMPANY.
(g) The Customer is liable to compensate the COMPANY if he/
she has used the product(s) to an extent more than necessary to establish the
nature, characteristics and the functioning of the product(s) in the period
until the declaration of Withdrawal. The COMPANY is entitled to agree with the
Customer its compensation even by offsetting. In case the Withdrawal concerns
the provision of services, the Customer must pay an amount proportional to the
services provided until the declaration of Withdrawal. If the Customer
exercises the right of Withdrawal, any concluded contracts expire automatically
at no cost to the Customer.
The Law on Certain Aspects of the Sale of Consumer Goods and
Associated Guarantees (L.7(Ι)/2000)
Legal Guarantee
If a product purchased by a Customer within the EU proves to
be defective, or does not correspond to the description/ characteristics, or
does not meet the specifications of the advertisement, or does not have the
qualities and performance that products of this type usually have, then the
seller shall:
Replace the product
Give the Customer a price reduction
Cancel the contract and refund the Customer.
Any fault that appears within 6 months shall be presumed to
have existed at the time of delivery and the Customer shall inform the COMPANY.
After 6 months, the Customer must prove that the defect existed when his/ her
product was delivered.
Warranty Limitations:
The present warranty does not cover wear and tear. Nor is it
valid if:
The defect was caused due to the fact that the product has
been subject to use in a manner not conforming to the instructions of the
manufacturer, abuse, expose to humidity or extreme weather or environmental
conditions, or sudden changes in such conditions, corrosion, rusting,
non-authorised conditions or connections, non-authorised opening or repair,
misuse, accident, natural phenomena, which are beyond the reasonable control of
the COMPANY (including but not limited to defects in the department of consumable
parts such as batteries, which as a rule have a limited life) unless the defect
was caused directly because of the use of defective materials, designs or
workmanship.
The product serial number, identifying date code, or IMEI
number have been removed, defaced or altered or are illegible.
The defect was caused by a different way of use, other than
the proposed.
The product has not been checked by the technical department
of the COMPANY to establish and verify the defect of the appliance.
This limited warranty shall be valid only if the client
presents the original product purchase receipt and delivers the product to the
COMPANY.
Personal data liability:
The COMPANY cannot be held accountable in any way for any
complete or partial loss of personal data during the repair of the appliance.
The exclusive liability for saving personal data in any electronic appliance
burdens solely the lawful User of the product. Additionally, the COMPANY cannot
be held accountable in any way for the partial or complete loss of data, which
may be due to a defect of the electronic appliance, whether this was due to a
manufacturing fault (in which case it is included in the warranty), or due to
the User’s fault (in which case it is excluded from the warranty).
In case the Customer does not collect the items he/ she has
brought in for repair within three (3) months, then the COMPANY shall not be
liable for their safe keeping.
8.2. Commercial Warranty (Manufacturer’s Warranty)
The products of the COMPANY are covered by a warranty either
by the manufacturer or by the official representative in Cyprus or in the EU.
Final Provisions
Contracts concluded via the e-shop are governed by EU and
Cyprus law, in particular by legislation governing matters relating to
e-commerce, distance sales and consumer protection. Similarly, the site has
been created and is controlled by the COMPANY in Cyprus and the Cypriot
Legislation governs the use of the site and its interpretation. If the User
chooses to access the site from another country, he/ she is responsible for
following the Legislation applicable in that country.
The Cyprus Courts have jurisdiction over any dispute that
may arise from the contractual relationship between the COMPANY and the
Customer and are competent for its resolution. For the out-of-court settlement
of the dispute, the Customer may address the competent bodies for out-of-court
settlement of consumer disputes such as the following:
Cyprus Consumers Association
8, Acropolis Ave., Office 302, 2006, Strovolos
PO Box: 24874, 1304 Nicosia
Tel: 700 00 700, +357 22 516112
Fax: +357 22516118
E-mail: info@katanalotis.org.cy
Website: www.cyprusconsumers.org.cy,
https://el-gr.facebook.com/CyprusConsumersAssociation
The protection provided by the provisions of the law on
distance contracts, as well as the present terms, emphasise that it applies
only to natural persons who are acting outside their trade, craft, business or
profession.
If any part of the contract of sale under these terms proves
void or inapplicable by a court judgement, the rest of the contract shall
continue to apply. The COMPANY may enter into an agreement for the assignment
of its obligations to an appropriate third party. Contrarily, the Customer
shall not be entitled to assign or transfer his/ her rights or obligations.
All notices must be made in writing (by hand, e-mail, fax or
first-class mail which will be considered delivered 48 hours after its
posting).