Welcome to the official website of the online shop (the ‘Online Shop’) of the business name FRIX REPAIRS (the ‘Business Name’ alternatively ‘Frix Repairs’) having an established address located at Kasou 14b, Agioi Omologites, Nicosia, Cyprus 1086, with V.A.T. number 01019439T, Business Name Registration number ΕΕ 39528 and electronic address [email protected].
The Terms and Conditions hereinbelow exclusively govern each sale of product conducted through the Online Shop of the Business Name whose official website is www.frix-cy.com (the ‘Website’).
Other terms and conditions not expressly written hereto do not have any binding force.
Each user of this Website unconditionally agrees and accepts the present Terms and Conditions. Should a user disagree with the Terms and Conditions is obliged to abstain from using the Website and/or the Online Shop of the Business Name.
The Business Name reserves the right to alter the Terms and Conditions and each user of the Website has the exclusive responsibility to read the new terms and conditions of the Website.
The Terms and Conditions of the Website and of the Online Shop are expressly stated hereinbelow:
- Information and Products
Frix Repairs guarantees the validity, the accuracy, the correctness, the consistency and the completeness of the information cited in the present Website, in relation to the business data of the Business Name and the available products’ main features.
The Business Name is not responsible for any typographical errors or any other error emanating from force majeure event. Frix Repairs reserve their right to correct such typographical or clerical errors or any other error emanating from force majeure event in any prices quoted or contained in any order or quotation. Frix Repairs reserve their right to correct any typographical or clerical error or any other error emanating from force majeure event in any product’s main features which is listed in the Website.
- Liability Disclaimer
The Business Name is compliant with the applicable Cyprus law and the European Union legislation in relation to the sale of products and the Consumers’ Rights Protection.
Frix Repairs is not responsible for any third parties unauthorised interventions to the products and/or information present in the Online Shop.
The Business Name is not responsible and does not have any obligation to reimburse any direct or indirect economic damage or loss emanating from third parties’ actions.
Each user of the Website is entitled to use the same provided that such user is compliant with the applicable legislation in Cyprus. Each user of the Website is exclusively responsible for the content of the transactions conducted through the Website. The Business Name is not entitled to proceed with any correction(s) and/or intervention(s) to the data entered by each user to the Website. Each user of the Website is obliged to fill in any of the below mentioned non-exhaustive missing information as may be required under the communication form of the Website with accuracy:
- Name
- Address
- Telephone Number
- Message
The use of the Website should be performed pursuant to the applicable legislation in Cyprus and each user of the Website should abstain from any actions conflicting with such legislation.
In view of the aforesaid disclaimers, each user of the Website agrees that he/she shall refrain from any action resulting in the consequences stated hereinbelow:
- Sending and/or publication and/or sending via e-mail and/or transmission via any other medium of any information that is unlawfully detrimental to the Business Name and/or any other third party(ies) and/or breaching the confidentiality of business information owned by Frix Repairs and/or information owned by any third party(ies);
- Sending and/or publication and/or sending via e-mail and/or transmission via other medium of any information breaching the moral rules and/or the social principles and/ or any minor(s) right(s);
- Unauthorised sending and/or unauthorised publication and/or unauthorised sending via e-mail and/or unauthorised transmission via other medium of any information including but not limited insider’s information and/or trade secrets and/or confidential information and/or any other information protected under non-disclosure agreement(s) that were disclosed in the course of the customer relationship of the user of the Website and/or the Online Shop and Frix Repairs;
- Sending and/or publication and/or sending via e-mail and/or transmission via other medium of any information infringing and/or misappropriating any patent and/or trademark and/or trade secret and/or domain name and/or copyright rights including but not limited to software and/or database(s) and/or any other form of intellectual property rights and/or any other form of proprietary interest(s) and/or right(s) of Frix Repairs and/or of any other third party(ies);
- Sending and/or publication and/or sending via e-mail and/or transmission via other medium of any content containing software virus(es) and/or other code(s) and/or archive(s) and/or computer program(s) intentionally developed to interrupt and/or block the operation of the Website and/or the Online Shop and/or to cause damage to any computer software and/or computer hardware owned by Frix Repairs and/or by any other third party(ies);
- Intentional or unintentional breach of the applicable legislation in Cyprus;
- Harassment of any third party(ies);
- Unauthorised storage and/or use of personal data owned by other user(s) of the Website and/or the Online Shop.
- Invoicing policy
Frix Repairs reserves the right to alter the pricing of the product(s) listed to the Online Shop without any prior notice.
The product(s) listed to the Online Shop are always burdened with shipping costs in contradiction with any purchase(s) of the same product(s) made in the physical shop of Frix Repairs.
- Links to other websites
In the event of various links and/or hyperlinks and/or advertising banners that may appear in the Website of the Business Name that lead to other website(s) not owned by Frix Repairs while a user explores the Website, it is acknowledged that Frix Repairs do not exercise any control over the availability and/or the content and/or the policy(ies) connected to personal data protection and/or the quality of services offered by such websites. Thus, should a problem arise while such websites are being used by a user, the user in question should address such problem to the owner(s) of the website in question, who are responsible for offering the relevant service(s) through such website. Frix Repairs have no any liability and/or responsibility with regards to the content of website(s) owned by other physical person(s) and/or enterprise(s).
- Confidentiality Notice
Any query(ies) submitted online by the user(s) of the Website, that includes certain information, such information is being used solely for the purpose of addressing such query(ies) by Frix Repairs. Each query hereinabove and/or any correspondence therewith are treated as confidential by the Business Name. The content of such query(ies) and/or correspondence is not disclosed to any third party(ies) save in circumstance(s) where it is statutorily required and/or in circumstance(s) where such content is detrimental to the Business Name. The disclosure is required for the following non-exhaustive reasons:
- Protection of the rights and property of the Busines Name;
- Protection against any harm and/or unauthorised use of the Website;
- Protection of the personal security and/or property of other user(s) of the Website and in general of the consumers.
In the event that a user of the Website submits false e-mail address or attempts to commit identity fraud while using the Website and submitting information online, such information and the IP address shall be subject to any criminal investigation.
- The Online Shop Terms and Conditions
6.1 By using the Website and/or the Online Shop, each user warrants that he/she is 18 years of age or older that he/she has the legal capacity to enter into these Terms and Conditions.
6.2 In order to secure online transactions’ security, each user of the Online Shop should create an account with the Website and become a registered account holder, before completing any online order through the Website. Alternatively, should a user do not wish to become an account holder with the Website, there is the option to complete any online transaction through the Website as visitor.
For the creation of account with the Website, it is required to submit the following information:
- Name and Surname;
- Delivery address;
- Correspondence address;
- Telephone number; and
- E-mail address.
The abovementioned information are confidential and Frix Repairs declares that such information are treated in a manner compliant with the applicable legislation in Cyprus and European Union with regards to the personal data protection. Frix Repairs shall not use the abovementioned personal data for any other reason apart from enabling the user in question to make online order(s) and purchase(s) of products listed in the Website. Each user reserves the right to revoke his/her consent to the collection and storage of the aforesaid data and thus request that the data be deleted at any time. The Website has an option of deletion of the account in question. In case the user does not revoke his consent to the collection and storage of the abovementioned date after the creation of the account with the Website, Frix Repairs will keep storing the said data as long as it is necessary for each user to place an online order through the Website. The retention period of such data shall not exceed the period of 2 years from the date of creation of the account. Frix Repairs reserves the right to delete the account in question.
6.3 In order for each user to place an order through the Online Shop,each user should thoroughly check the cited features of the product(s) at issuebefore placing his/her order. Frix Repairs has no responsibility in case the user omitted to be informed beforehand or has not comprehended the features of the purchased product(s). Each user by placing his/her order through the Online Shop, acknowledges the business information as stated in the preamble of the Terms and Conditions and the total cost of his/her online order including of the V.A.T. applicable thereto and of any other charge in connection with the shipping of the purchased product(s). In the event that the extra charge(s) apart from the price of the product(s) in question including the V.A.T. applicable thereto is not reasonably possible to be calculated automatically simultaneously with the placing of the order, Frix Repairs shall inform in writing the user before placing his/her order. Should the user is proceeding the purchases through the Online Shop as a visitor, has the responsibility to communicate via e-mail or via telephone with Frix Repairs in order to be informed about the extra charge(s). Each user acknowledges that the cited price including V.A.T. applicable thereto of each product listed in the Website is the final one and that such price excluding the shipping cost; the shipping cost is calculated after the selection by each user of the method of delivery.
6.4 Each user by placing his order through the Online Shop, acknowledges the payment method, the delivery options and the estimated delivery time, including but not limited any restrictions to the payment and/or the delivery of the product(s).
Regarding purchases of used RETRO and collectible video games, the users are advised to ask for more photos of the product at issue via e-mail at Frix Repairs e-mail address [email protected], because the listing photos may accidentally hide some imperfections due to lighting and/or other factors. Frix Repairs will not be held responsible, should a user purchase a retro item that had any imperfection due to the factors described above.
6.5 Each user has the right of withdrawal from the online contract being made after the purchase of a product through the Online Shop within 14 calendar days after the date of delivery of the product. In case of purchase of a digital product, each user is entitled to exercise the aforesaid right from the date of receipt of the Confirmation of Submission of the Online Order as defined hereinbelow. Each user is not entitled to exercise the right of withdrawal in case of purchase of a digital product; the performance of the online contract about the purchase of such digital product started previously due to expressed consent of the user in question.
The right of withdrawal is exercisable provided that the user in question makes an unequivocal statement in writing without the requirement of justification to the Business Name. Once the user in question informs unequivocally the Business Name about the exercise of the right of withdrawal, the purchased product(s) ownership is deemed to be transferred back to the Business Name. Hence, each user of the Online Shop shall have the following duties towards the purchased product(s) and the Business Name until the said product(s) are safely delivered to the registered address of the Business Name:
1. Duty to take reasonable care to avoid property damage over the purchased product(s) until such product(s) is safely delivered to the registered address of the Business Name;
2. Duty to pay the shipping cost in connection with the delivery of the purchased product(s) to the registered address of the Business Name;
3. Duty to maintain the functionality of the purchased product(s);
4. Duty to keep intact the appearance of the purchased product(s) and/or of any additional parts thereof.
Frix Repairs may not be held liable in the following cases:
- Loss or damage to the purchased product(s) after delivery to the user in question;
- Abnormal use of the purchased product(s) by the user;
- Failure to maintain the purchased product(s) or to maintain it in accordance with any recommendations of Frix Repairs;
- Poor storage conditions of the purchased product(s) by the user in question.
Frix Repairs is obliged to return within 14 calendar days from the date of receipt of the unequivocal notice of exercising the right of withdrawal by the user of the Online Shop the total price cost including the applicable V.A.T. thereto and the shipping cost for the delivery of the purchased product(s) to the designated address by the user when the online purchase was initially made. Frix Repairs reserves the right to delay the aforesaid reimbursement should the purchased product(s) is not delivered yet to the registered address of the Business Name within the said 14 calendar days. Frix Repairs reserves the right to additionally charge the user in question, in case the latter requests expedited delivery of the purchased product(s). Frix Repairs is not responsible for any delay in the execution of the bank transfer of the refund to the user’s designated bank account by the remittance bank to the beneficiary bank.
The user at issue is financially liable for any decrease of the purchased product(s) value that emanates from the use of the purchased product(s) save the use required for the investigation and verification by the user of the nature, features and functionality of the purchased product(s). The user in order to investigate and verify the nature, the features and functionality of the purchased product(s) should use the purchased product(s) in the same manner as he/she examines the product(s) in question in the physical shop of the Business Name within the limits set by the Business Name.
Used RETRO games (cartridges) and consoles will have a marked sticker attached to them on top of a stock screw or any place that will indicate if a user tampered the product in any way. If a user tampered the product in this manner, a return will not be accepted and no refund will be made.
In case the purchased product is accompanied by a complimentary gift, the user who exercised his/her right of withdrawal is obliged to return also such gift from the Business Name. Otherwise, the value of the gift shall be deducted from the refund to the user.
In the event of a dispute relating to an online order of product(s) listed in the Website or any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of it, each user may submit a written complaint by e-mail to: [email protected].
Frix Repairs and each user agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
To the extent both parties cannot resolve any dispute through the informal dispute resolution procedure described herein above, a dispute may be resolved through the following dispute resolutions in order of priority:
- Submission of a dispute at Cyprus Centre for Alternative Dispute Resolution Home – Cyprus HYPERLINK “https://adrcyprus.com/en/”Center HYPERLINK “https://adrcyprus.com/en/” for Alternative Dispute Resolution (adrcyprus.com);
- Through mediation;
- In the event the above-mentioned dispute resolutions have been exhausted, the parties to these Terms and Conditions, can resolve their dispute through arbitration. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any question regarding their existence, validity or termination and any non-contractual claims, shall be referred to and resolved by arbitration in accordance with the Arbitration Rules of the Cyprus Arbitration and Mediation Centre, for the time being in force, which Rules are deemed to be incorporated by reference into this clause. The arbitration shall be administered by Cyprus Arbitration and Mediation Centre (“CAMC”). The seat, or legal place of arbitration shall be Nicosia, Cyprus. The appointing authority shall be the Board of Directors of CAMC. The number of arbitrators shall be three. The language to be used in the arbitral proceedings shall be in English. The governing law of the contract shall be the substantive law of the Republic of Cyprus.
6.6 Frix Repairs only supplies products via the Website for domestic and private use. Each user undertakes not to use the products purchased on the Website for commercial, professional or resale purposes. As previously stated, Frix Repairs reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by resellers, dealers or distributors. To enforce this policy, Frix Repairs may, at its sole discretion, limit or cancel quantities purchased per person, per household or per order.
6.7 The online order through the Online Shop is valid once the user receives a confirmation of the online order by the Business Name, as described hereunder.
The confirmation of the online order by the Business Name shall be labelled as ‘Confirmation of Submission of the Online Order’. The details and updates considering the online order shall be visible in the open window in the browser of the user and should the user create an account with the Website, then such details and updates shall be evident thereto.Each user when he is purchasing through the Online Shop is obliged to inform in writing the Business Name the latest within 2 hours from the time of receipt of the Confirmation of Submission of the Online Order by the Business Name for any error detected in the said confirmation, otherwise the information recorded in the Confirmation of Submission of the Online Order shall be used for the performance of the online contract between the user and the Business Name.
The status of the online order shall be continuously updated. Each user should check the status of the online order and inform the Business Name in writing for any error detected in the Confirmation of Submission of the Online Order, otherwise the recorded information shall be used for the performance of the online contract between the user and the Business Name. Each user has the right to be informed about the status of his/her online order; such right may be exercised by sending an e-mail to the Business Name in this respect.
The Business Name is always acting in qood faith, thus, the same is not obliged to accept online order of products being sold in the Online Shop with incorrect price resulting from typographical error. In case that such typographical error is detected partially in the online order, the online order shall be valid and be performed in connection with the ordered products whose price is correct except from the ordered products whose price is incorrect. The Business Name is obliged to cancel the Online Order in case the Business Name received an e-mail from the user in question that the partial performance of the online order is not convenient for him/her.
In case of false delivery of product(s) which have not been ordered by a user, merely the unconditional delivery and acceptance of such delivery or the omission to inform the Business Name accordingly is not deemed as consent or acceptance or confirmation of intention to purchase such product(s). Should the Business Name request return of the said product(s) and the user in question do not return them within 7 calendar days, his/her omission and/or objection to return the product(s) shall be considered as confirmation of intention to purchase them and the user is obliged to pay the purchase price.
Frix Repairs notifies each user about the estimated time of delivery of the ordered product(s) accordingly.
Frix Repairs shall arrange delivery of the ordered product(s) within 7 business days from the date of the Confirmation of Submission of the Online Order.
6.8 Delivery Options
6.8.1. Electronic delivery
Once the order is completed and in case the user in question requests delivery of the ordered product in electronic version, then the user should select the option digital delivery while ordering the product(s) in question. The digital product(s) shall be sent in the e-mail address indicated in the Confirmation of Submission of the Online Order. The link being sent in the designated e-mail address shall be valid only for 30 calendar days and the exercise of the right of use shall not exceed 5 attempts.
6.8.2. Physical delivery
While each user is ordering online product(s) through the Online Shop, there is the option of physical delivery. In case a user selects such option, then he/she should designate the place of delivery of the ordered product(s) and once the shipping cost is fully paid by such user, then the purchased product(s) shall be delivered to the designated place of delivery within 7 business days.
Each user is entitled to pay the online order through the Online Shop only via credit card. Each user should demonstrate his/her identity card to the delivery person once the purchased product(s) is finally delivered to the designated place of delivery.
6.9. Estimated time of delivery
The estimated time of delivery of the purchased product(s) is shown in the Confirmation of Submission of the Online Order, and such time shall not exceed the 7 business days from the date of delivery of the aforesaid confirmation. Theestimated time of delivery may be longer in case both the Business Name and the user in question agree in writing through correspondence exchange. Should the Business Name do not arrange delivery within the newly agreed timeframe, the counterparty is entitled to terminate the online contract. Upon termination of the online contract, the Business Name is obliged to refund the user in question the monies paid by the latter for the completion of the online order.
6.10. Force Majeure
Frix Repairs shall not be held liable for any delay in the execution of any online order (including delivery of the purchased product(s) to the designated place of delivery) in case such delay results from actions and/or omissions for which the Business Name is not accountable and/or results from force majeure events including but not limited strikes, terrorist attacks, war, riots, earthquake, natural disaster, operational problems of the suppliers of the Business Name, operational problems of the delivery company(ies). By virtue of the abovementioned event(s), the Business Name is entitled to prolong the performance of the online contract. Ιn case of prolongation of such events exceeding the period of 2 months, the online contract can be terminated by either party. If so, each user is entitled to terminate the contract with the Business Name and the Business Name is obliged to refund any amount paid by the user in question for the execution of the online order through the Online Shop.