Pet Food Cyprus - Terms and Conditions

Terms and Conditions

These Terms and Conditions govern your use of the website accessed through petfoodcyprus.com (the "Website") and any orders you place through the Website. Please read the Terms and Conditions carefully as they affect your liabilities under the law. By using the Website, you are deemed to accept the Terms and Conditions and, before proceeding with an order, you will be required to show that you have read and understood them by clicking on the "I accept" button at the end of these Terms and Conditions. Please note that you will be required to do this each and every time you place an order through the Website. If you do not agree to these Terms and Conditions, please do not register for use or use the Website. Please note that to purchase goods from the Website or to use or access certain areas of the Website, you will be required to register as an authorised user of the Website.

1. Ownership and Property

1.1 The Website is owned and operated by us, MANTZ SERVICES LTD, a company registered in Cyprus at the address 26 Melina Merkouri, Agios Athanasios, 4107, Limassol and registered with registration No: HE 399142, Vat & TIC: 10399142X. 1.2 You may download a single copy of each piece of material contained on the Website for your own private viewing purposes only, provided you keep intact all and/or any proprietary notices. 1.3 Subject to condition 1.2 above, no copying of either the Website and/or any and/or all of the material contained on the Website or distribution for any commercial or business use is permitted without our prior written consent. You may not include a link to the Website or display the contents of the Website surrounded or framed or otherwise surrounded by material not originating from us without our prior written consent. 1.4 No licence is granted to you in these Terms and Conditions to use any trade mark whether registered or unregistered of either MANTZ SERVICES LTD and/or its group of companies.

2. Your Account

2.1 If you use the Website, you are responsible for (1) maintaining the confidentiality of your account and your password and (2) restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner. 2.2 You must ensure that the details provided by you on registration at the Website or at any time are correct and complete. 2.3 You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. 2.4 On the Website, we sell products for purchase only by people aged 18 or over. People aged under 18 may use the Website only with the involvement and supervision of a parent or guardian. The parent or guardian is required to accept these Terms and Conditions and place any orders for the person aged below 18. By using the Website you agree you are aged 18 or over.

3. Website information & upkeep

3.1 We take every care to ensure that the information on the Website is accurate and complete, some of it may be supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it. Further, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, subject to condition 13 below, the Website is provided "AS IS" with warranties excluded to the fullest extent permissible by law. Subject to condition 13 below, we do not accept any liability arising from any inaccuracy or omission in any and/or all of the information provided on the Website or interruption in availability. 3.2 If a fault occurs in the service of the Website, you should report it to us and we will fix it as soon as we reasonably can. 3.3 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. 3.4 Your attention is drawn to the following information in particular: 3.4.1 While we do our very best to ensure that the ingredients, feeding guides and analyses information is kept up to date, there may be occasions where a manufacturer has changed their recipe and this has not yet been reflected in the information on our product pages. Please always refer to the product packaging upon receipt of your order for the fullest and most up to date copy of the product's ingredients. 3.4.2 Suitable Breeds. We understand that when shopping online, it may be difficult to visualise the actual size of an item, even where approximate product dimensions have been provided. We have therefore provided where possible, a list of potentially suitable breeds for many of our products. Therefore, upon receipt of your order, please ensure that you are confident that the product(s) you have purchased will in fact be suitable for your pets unique individual requirements.

4. Other promotions, vouchers & competitions

4.1 From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the Website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times. Your statutory rights are not affected.

5. Limits of Use

5.1 You may not use the Website for: 5.1.1 Transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material; 5.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice; 5.1.3 gaining unauthorised access to other computer systems; 5.1.4 interfering with any other person's use or enjoyment of the Website; 5.1.5 breaching any laws concerning the use of public telecommunications networks; 5.1.6 interfering or disrupting networks or websites connected to the Website; or 5.1.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. 5.2 We reserve the right to refuse to post material on the Website or to remove material already posted on the Website. 5.3 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with: 5.3.1 any claim by any third party that the use of the Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; 5.3.2 any claim by any third party that the use of the Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and/or 5.3.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Website by you.

6. Right to suspend or cancel your registration

6.1 We may suspend or cancel your registration to the Website immediately or restrict or prevent your access to the Website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions. 6.2 You can cancel this agreement at any time after giving us prior notice in writing. If you do so, you must stop using the Website. 6.3 The suspension or cancellation of your registration to the Website and/or your right to access and/or use the Website shall not affect either party's rights or liabilities. 6.4 Conditions 1, 5 and 10 of these Terms and Conditions shall survive cancellation.

7. Ordering

7.1 All orders placed through the Website will be subject to our acceptance of the order. We reserve the right to refuse, cancel or modify your order for any reason.

8. Pricing, processing your orders and payment

8.1 The price of any goods will be as quoted on the Website from time to time, except in cases of obvious error. Subject to condition 8.4 below, in the event of obvious inaccuracies in the prices quoted on the Website, we reserve the right not to fulfil and/or to cancel any orders placed by you in reliance on the inaccurate prices. 8.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation. 8.3 Payment for all goods, either by credit or debit card, will be taken from your card at the time we receive your order, once we have checked your card details and stock availability. Any payment made to us will be refunded if we do not accept your order. 8.4 Whilst it is our intention to keep the Website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled. 8.5 All prices shown on the Website are inclusive of VAT. Delivery charges are clearly highlighted throughout the Website.

9. Availability and delivery

Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, unless there are exceptional circumstances such as a Force Majeure Event (see condition 16 below).

10. Consumer Rights

10.1 If you are contracting as a consumer, you may cancel any Contract between us at any time within 28 days, beginning on the day after you received the goods. In this case, you will receive a full refund of the price paid for the goods in accordance with our refunds policy set out in condition 11 below. This is in addition to your statutory rights. If you are unhappy with the goods you have received or don’t believe that they reflect those you Contracted with us for then please contact us immediately as we have a duty to ensure you receive the goods you contracted with us for.

11. Refunds Policy

11.1 When you return a product to us pursuant to condition 10 above (in addition to your statutory rights): 11.1.1 and where the goods are not defective, we will process the refund due to you as soon as possible and, in any case, within 14 days of the day that we receive the goods in question back from you or you provide evidence to us that you have returned the goods to us. In this case, we will refund the price of the goods in full together with the original delivery charge (provided you return the full order to us), but not the costs you incur in returning the item to us; or 11.1.2 because you claim that the goods are defective, we will examine the returned goods and will notify you of your refund by either post, telephone or email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. 11.2 Please ensure that you return goods to us within 14 days of your cancellation of the Contract. This does not affect your statutory rights where the goods are faulty or not as described. 11.3 In the case of returns pursuant to condition 11.1.1 above, i.e., returns of non-defective goods, , We may also reduce the amount of money refunded to you where you have used the goods beyond the handling that is necessary for you to make sure the goods are as you expected, for example the handling you would do in a shop. This is in accordance with your statutory rights. 11.4 We are unable to offer a refund on personalised, custom made or made-to measure goods made to your specification (such as pet id tags) unless the goods are defective. If you claim the goods are defective, we will examine the goods and condition 11.1.2 will apply. We will not refund any pet food which has been opened, even if this was sent by mistake and/or is not the pet food you ordered. We will not refund any pet foods which have more than 3-4 scoops of food missing from the bag. Any returns concerning anything edible must be made within 48 hours of receiving the delivery, else our refund policy is to not accept returns. 11.5 Unless we have agreed otherwise, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

12. Risk and Title

12.1 The goods will be at your risk from the time of delivery. 12.2 Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

13. Our Liability

13.1 We warrant to you that any goods purchased from us though the Website are of satisfactory quality and reasonably fit for the purposes for which products of such kind are commonly supplied. 13.2 We shall not be responsible to you or any third party whether in contract, tort (including negligence) or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods. 13.3 If you are contracting as a business, our liability for any claim for loss or damage shall be limited to the purchase price of the goods you purchased. 13.4 If you are contracting as a consumer, our liability for any claim for loss or damage shall be limited to three times the purchase price of the goods you purchased. 13.5 Nothing in these Terms and Conditions shall exclude or restrict our liability: 13.5.1 for death or personal injury caused by our negligence; 13.5.2 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. Limitations of liability 13.5.3. Nothing in these Terms shall exclude or limit MANTZ SERVICES LTD's liability for losses which may not be lawfully excluded or limited by applicable law. 13.5.5. Pet Food Cyprus shall not be liable for any loss, claim, damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of (a) the use of, or inability to use, this site or content found in this site, or (b) the unauthorised access to or alteration of your transmissions or data, even if Pet Food Cyprus have been advised of the possibility of such damages unless resulting from the gross negligence or intentional actions of Pet Food Cyprus.

14. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights

15. Third Party Delivery teams

By placing an order with us you agree that we can share your details including your name, address, contact number and e-mail addresses with our third-party delivery teams. They will use this data to serve you with your order and contact you for possible delivery details.

16. Events outside our control

16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). 16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: 16.2.1 strikes, lock-outs or other industrial action; 16.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 16.2.3 fire, explosion, inclement weather, including storms, flood, earthquake, subsidence, epidemic or other natural disaster; 16.2.4 inability of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; 16.2.5 impossibility of the use of public or private telecommunications networks; or 16.2.6 Systems affected as a result of computer hacking or virus 16.2.7 the acts, decrees, legislation, regulations or restrictions of any government 16.3 Our performance under any Contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under any Contract between us may be performed despite the Force Majeure Event.

17. Waiver

17.1 If we fail, at any time during the term of any Contract between us, to insist upon strict performance of any of your obligations under any Contract between us or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under any Contract between us, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. 17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. 17.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 14 above.

18. AutoOrder Terms & Conditions

18.1 By clicking "Upgrade my Order" and agreeing to the above terms on the PetFoodCyprus.com agree to accept these terms and conditions ("Terms") for our AutoOrder subscription ordering program ("AutoOrder"). The Terms constitute the entire agreement between you and MANTZ SERVICES LTD. relating to our AutoOrder program. Please note that your use of the PetFoodCyprus.com website is also governed by our Terms of Use and Privacy Policy as well as all other applicable terms, conditions, limitations and requirements on the PetFoodCyprus.com website, all of which (as changed over time) are incorporated into these Terms. By placing an order and enrolling in our AutoOrder program, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

18.2 When you purchase product(s) on PetFoodCyprus.com and enroll in our AutoOrder program, you are signing up for continuous shipments of such products and may select how often you would like your product(s) delivered to you. You may change your periodic delivery schedule at any time (including on a one-time basis), as well as your shipping address, payment method, and products included in the program. Additionally, when you purchase certain products designated as "AutoOrder & Save" eligible, and enroll in the AutoOrder program for such products, you will save an additional percentage on our everyday low prices PetFoodCyprus reserves the right to change AutoOrder benefits at any time in its sole discretion, including discount amounts and eligibility used to determine discount amounts; provided, however, PetFoodCyprus will not change the price of your next shipment once you have authorized an order as set forth in these Terms. Some of the offer details may change as you receive deliveries over time (for example, price, taxes, availability, shipping charges). Subscriptions are good while supplies last.

18.3 When you place your initial order for a product and enroll in our AutoOrder program, you will receive a notice that your AutoOrder subscription has been created and your first order will be processed. Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed. Your AutoOrder subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. For subsequent orders of products included in AutoOrder, up to 72 hours prior to the ship date selected by you, you will receive a pre-shipment email notification reminding you of your upcoming shipment, the period available to make changes to your order and the scheduled ship date. You can edit or cancel your order during the period beginning upon receipt of such email notification and ending 12:00 AM the day preceding your designated ship date (i.e., the day prior to your ship date). If you do not cancel the order before the day prior to your ship date, your order will be authorized, and a credit card authorization hold will be placed on the payment method used to create your subscription or updated payment method you may provide. You will see a pending charge during this time as we prepare your order. There is no need to call or update any information online when you see this pending charge.

18.4 When you sign up for continuous shipments on AutoOrder, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. PetFoodCyprus will submit periodic charges (e.g. monthly or however many weeks you choose) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method. Approximately 24 hours prior to your designated ship date, your order will be authorized, and a payment authorization hold will be placed on your chosen payment method. Once your order is processed, your payment method will be charged for the authorized amount.

18.5 Your subscription will remain in effect until it is cancelled. You can cancel at any time via your AutoOrder menu, which can be found in Your Account menu.

18.6 We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the PetFoodCyprus.com website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

18.7 We may, in our sole discretion, terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. Your participation in the AutoOrder program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization. All returns under AutoOrder are subject to the PetFoodCyprus.com Return Policy. AutoOrder subscriptions are void where prohibited. For returns made where products were ordered by you in a previous order and not modified, you will likely incur a charge by our courier partners to return these products to us for a full refund. THESE PRODUCTS MUST BE IN A CONDITION THAT THEY CAN BE RE-SOLD. FOR OUR RETURN POLICY ON EDIBLES, PLEASE READ ABOVE.

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