Any use of this website, including transactions made, is subject to these terms and conditions which each user confirms to have read, understood, and accepted.
1. Privacy.
Personal data provided by our clients at the beginning or during business dealings shall be processed and stored in compliance with Cyprus and European privacy laws. Personal data shall not be passed on to third parties for any commercial, mailing or advertising purposes.
Your credit/debit card data are not received nor stored by us: when checking out you will be directed automatically to a secured third-party website (currently we work with JCC) through which you will carry out your payment.
Even though you register on our website with your e-mail address, we use that only to send you an order confirmation and a shipping confirmation. We respect your time and your privacy, and we do not send out any newsletters or any other form of publicity. 2.
Your account.
If you use this website, you are responsible for maintaining the confidentiality of your password for restricting access to your computer to prevent unauthorised access to your account. In case you have any reason to believe that your password has become known to anyone else, or if your password is being (or likely to be) used in an unauthorized manner you must inform us immediately and give us instructions to (1) change your password, (2) block your password or (3) remove your details.
Please ensure that the details you provide to us are correct and complete and modify them whenever necessary and particularly before placing an order.
3. Products and prices.
The description and price of the products you order will be as shown on our website at the time you place your order. All prices are quoted in Euro and include VAT 19% and 5% for vegetables and edible trees.
However, we are doing our utmost best to give on our website an accurate description of each product, its characteristics and care instructions.
5. Availability.
All products shown on our website are in stock and we do our best to send ordered products for delivery the working day following receipt of your order and payment. However, if due to unexpected sales volumes we are not in the possibility to deliver the products within 7 days of receipt of your order and payment then we will either contact you within the said days to inform you of an anticipated date of delivery. In case you would not agree with such a delayed delivery date we can, upon your request, cancel your order and refund you the full amount that you have paid in the same way as we received your payment. A confirmation by e-mail shall be sent confirming such a refund.
6. Delivery.
Upon check-out our customers will have the opportunity to choose:
- Pick up from GAP Akis Express points
- Pick up from our Garden Centre in Xylofagou
7. Returns – Replacements – Cancellations – Undelivered or Lost.
7.1 Returns.
We will refund all products returned to us for any reason within 7 days of the purchase date if unopened and in perfect resalable condition, except plants. Returned products must be sent in their original outer packaging. Such a return of products should be informed to us by e-mail in reply to which we will give instructions as to where and how to return.
If a purchased product has been used or opened it will not be eligible for a return, refund, or exchange. Postage for returns is not refundable.
For any return we will re-credit the same credit card which was used for the original purchase within 5 working days of receipt of the returned products and provided they comply with the foregoing conditions.
7.2 Replacements.
Please inspect the products on receipt and notify us in writing of any damages or missing or wrong products within 48 hours of receipt. In case of any missing (ordered and paid) product(s) we will undertake to ship such product(s) to you immediately and without further expenses. We reserve the right not to replace any wrongly delivered products if they are found to be opened or used, except when a fault would be discovered which could not have been discovered without opening the product. We will refund the purchase price in full, plus the cost of return if the return results from an error made by us or from a defective item.
7.3 Cancellation.
7.3.1. Cancellation by the buyer.
Under the existing regulations in the European Union, you have the legal right to cancel your order within 7 days of receipt of your goods, except for plants. You do not need to give us any reason for cancelling your order nor will you have to pay any penalty. However, you will need to notify us by e-mail.
If you have received the goods before you cancel your order, then you must send the goods safely packed back to our contact address at your own cost and risk.
If you cancel your order but we have already processed the goods for delivery, or they are on the way already, you must not unpack the goods when you receive them and send them back to us in the original packaging at our contact address at your own cost and risk and as soon as possible. Once you have notified us of your cancellation and we have received the goods back in their original condition we will credit you through the original credit card used at the time of purchase within 5 days of receiving the returned goods in the same condition as they were shipped by us.
If you cancel your order but do not return the goods to us as described above, we will not refund any amount.
If you cancel your order and return the goods without paying the cost for the return, we will deduct any amount we have to pay to the postal services or the courier company from the amount to be refunded.
7.3.2 Cancellation by us.
We reserve the right to cancel an order received (1) if we have insufficient stock to deliver the goods ordered and we do not foresee to be able to refill our stock in a reasonable time, (2) if we cannot deliver to your area or (3) if one or more of the goods you ordered was/were listed at an incorrect price due to a typographical error or an error in the pricing information received by us from the supplier.
If we do cancel your order, we will notify you by e-mail and we will immediately refund you the amount you paid, on your same card as the one used for the original payment.
7.4 Undelivered or lost.
If a parcel would remain undelivered (due to wrong address, not picked up by the buyer, etc.) and be returned to us by the postal services or the courier company we will contact you by e-mail to see how to proceed. If we must resend the parcel, we reserve the right to charge additional postage.
If a parcel is lost in the mail, we will not be able to offer a replacement until 30 working days after the dispatch date.
8. Communications.
When you visit our website or send e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on the website. You agree to receive written communications from us electronically.
Upon receipt of e-mails, we will reply where possible within 2 working days.
However, our telephone numbers are mentioned on our website we ask our customers to contact us in this way only in case of real emergencies.
9. Alteration of service or change of terms and conditions.
We reserve the right to make any changes to our website, policies and these terms and conditions at any time. Any changes to our terms and conditions will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website, and your continued use of the website shall be sufficient proof of your acceptance to be bound by the latest terms and conditions.
10. Limitation of liability.
We will not be held responsible for any delay to comply with our obligations under these terms and conditions if the delay arises from any cause which is beyond our reasonable control.
We will not be liable to you for any loss or damage in circumstances where there is no breach of a legal duty owed to you by us, our employees, or agents, where such loss or damage is not a reasonably foreseeable result of any such breach or where any increase in loss or damage result from a breach by you of these terms and conditions.
We will not be liable to you for any loss or damage in cases where the products we have sold you are used by you, or by any third party to whom you may have given or forwarded the products, in a way not intended by the manufacturer or the producer.
When ordering any products from our website or when receiving a delivery, you should verify the ingredients and assure yourself that you are not allergic to any of them before using the products. If you are not sure you should contact your doctor or dermatologist first.
You must observe and comply with all applicable regulations and legislation in your country, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our products to you may be prohibited by certain national laws of your country. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
11. Governing law and jurisdiction.
All our sales and deliveries are subject to these “Terms and Conditions” and in compliance with the Directive 2011/83/EU of the European Parliament and of the European Council of 25 October 2011.
Since we receive your payment only through JCC you also enjoy the JCC buyers’ protection. For more information about that, please visit the JCC website.
In case of any legal claims or disputes the Courts of Cyprus will have sole jurisdiction.