WEBSITE TERMS & CONDITIONS
ABOUT OUR TERMS AND CONDITIONS
This page provides information about who we are and the legal terms and conditions that may apply to the User (“Client,” “User”, “Website User”, “you”, “your”) use of www.symeonidesfashion.com whether as a registered user or as a guest and any product or service you order from us.
PART A: INFORMATION ABOUT SYMEONIDES FASHION HOUSE LIMITED
By using this Website you hereby agree that the controlling language of our relationship is English, that you understand and speak the English language and that our contractual relationships are expressed in English.
If you want to ask us anything (whether about our -products and services, this website, any of our terms and conditions or otherwise), or if you want to file a claim regarding an order or delivery, then you can do so using the following contact details:
- by e-mail at: email@example.com
- by telephone at +35722740666
- by post at 168 Yiannou Kranidioti Street, 2235 Latsia, Nicosia, Cyprus
PART B: WEBSITE TERMS
The Terms and Conditions apply to your use of the Symeonides Fashion website at www.symeonidesfashion.com and to any order you place on the Website. The Terms and Conditions apply regardless of the technologies or devices which you use to access the Website and regardless of the place that Symeonides Fashion makes the Website available to you (either at home, on the move or in store). You must read these Terms and Conditions carefully, and we recommend that you download or print and keep a copy for your future reference. By accessing, browsing, using, registering with, or placing an order on the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety. If you do not agree to these Terms and Conditions in their entirety, please do not use this Website.
YOUR USE OF THIS WEBSITE
The Website is for your personal and non-commercial use only. You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.
You may not, without our prior written consent, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, deep-link into, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use. You may not use the content of the Website for any commercial purposes whatsoever.
OWNERSHIP OF RIGHTS
All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to Symeonides Fashion or Marks and Spencer Plc (a company registered in England and Wales (company registration number 214436) unless otherwise indicated.
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights, our other exclusive rights or those rights of third parties in either the Website or its contents.
By submitting information (other than your personal data), text, photos, graphics or other content to the Website you confirm that you have the right to use the same and grant us a right to use such materials at our own discretion (with or without accreditation) in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
You further agree to execute all such documents and do all such acts and things as we may reasonably require in order to assign any such rights to us and to waive any moral rights you acquire in or to the Website.
Ownership of Submissions
Social networking sites
Intellectual Property Rights
A disclosure, Submission or offer of any Submissions and your agreement to these Website Terms shall constitute a perpetual, irrevocable and non-exclusive licence to Symeonides Fashion of any intellectual property rights. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Symeonides Fashion related third party website or page, you must comply with the content standards set out below and these Website Terms. Any third-party advertising on Symeonides Fashion pages of third party social networking sites are not the responsibility of, or endorsed by Symeonides Fashion. All rights, including copyright on Symeonides Fashion Website pages are owned by or licensed to Symeonides Fashion or Marks and Spencer Plc. Any use of any Symeonides Fashion social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use is prohibited without the permission of Symeonides Fashion. By making a Submission you confirm that the Submission is your own and that the content does not infringe the material, trade marks, intellectual property rights or any other rights of others.
Any material you upload to our Website in a Submission will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Symeonides Fashion related third party social networking site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any Submissions you make on our Website if, in our opinion, such Submission does not comply with the content standards set out below.
Rules for Submissions
You must be 18 years of age or older and registered to post a Submission. Suppliers or manufacturers are not eligible to post a Submission.
Please be polite and only write in English (or the applicable language for the Symeonides Fashion Website on which you are posting a submission). If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response by calling +35722740666 or send us an email at firstname.lastname@example.org
Submissions should not include:
- profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others
- comments about other reviewers or bloggers
- remarks that repeat criminal accusations, false, defamatory or misleading statements
- material which impersonates others or personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers
- spam or advertising
- third party brand names or trade marks
- HTML code, computer script or website URLs
- availability, price or alternative ordering or delivery information
- information about Symeonides Fashion or Marks and Spencer Plc suppliers or manufacturers
- content that is in breach of the laws and regulations of the relevant region and its social values
Symeonides Fashion, in its absolute discretion, reserves the right to not publish the Submission or remove it, take any appropriate action if deemed necessary or remove reviews which relate to seasonal products which are no longer in season.
Please let us know if you see any Submissions which do not comply with our rules.
ACCURACY OF CONTENT
To the extent permitted by applicable law, Symeonides Fashion disclaims all representations and warranties, express or implied, that the content or information displayed in or on this Website is accurate, complete, up-to-date and/or does not infringe the rights of any third party.
We provide the Website and the Information contained in it “as is” and on an “as available” basis and without any guarantee as to the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the Information. Our aim is to provide Information that is correct at the time it is published on the Website. We do not accept any responsibility for any errors, omissions, or inaccurate Information on the Website. Furthermore, we do not warrant that the Website or any of the Information will be uninterrupted or error free or that any defects will be corrected.
We may not under any circumstances, be liable for any loss suffered by a user or by any other person, including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, related to or in connection with the use of the Website or the Information.
The views expressed in user generated content are the opinions of those users and do not represent the views, opinions, beliefs or values of Symeonides Fashion or any of its group companies.
DAMAGE TO YOUR COMPUTER OR OTHER DEVICE
Symeonides Fashion uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, Symeonides Fashion shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.
LINKS TO OTHER WEBSITES
We have placed links on this Website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Except where required by applicable law, Symeonides Fashion cannot accept any liability in respect of the use of these websites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of third party websites or for the content of any third party websites.
PART C: GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (“General Terms and Conditions of Sale”) apply to any order you place through www.symeonidesfashion.com. These General Terms and Conditions of Sale apply regardless of how you access the Website, including via any technologies or devices by which Symeonides Fashion makes the Website available to You at home or on the move. You must read these General Terms and Conditions of Sale carefully. By placing an order through the Website, you confirm that you have read, understood and agree to these General Terms and Conditions of Sale in their entirety and you agree to be bound by them. If you do not agree to these General Terms and Conditions of Sale in their entirety, you must not order any product or service through the Website.
Please find below information regarding:
- Opening an account and placing an order
- Acceptance of your order
- Your right to cancel
- Our goodwill refund policy
- Collecting M&S Loyalty points
- Product and service description
- Assignment, waiver and third party rights
- Information about Online Dispute Resolution and Alternative Dispute Resolution
- Applicable law
Opening an Account and Placing an Order
To place an order, you can open an account with us (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.
You confirm that all information and details provided by you to us (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.
When you create an account we may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. Symeonides Fashion shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If Symeonides Fashion is suspicious of any fraudulent activity coming from your account, it can reserve the right to refuse you access to your account and can delete the account.
You must be 18 years old to be able to buy any products from the Website.
You must be placing the order from the Republic of Cyprus. We can only deliver your Product within areas controlled by the Republic of Cyprus and provided that the postal code for these areas is specified in the postal codes which we can deliver. In case we cannot deliver your products, you may be able to pick-up the products from your nearest Limassol, Larnaca, Paphos or Paralimni Marks and Spencer Store.
Acceptance of your order
Please note that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we despatch the product(s) or on commencement of the services that you ordered from us. Prior to despatch of the product(s), Symeonides Fashion has the right to decline an order for any reason, including legal and regulatory reasons.
The duration of our contract with you will start from when you receive the order despatch email and last until the last day of your right to return the products.
If we cannot supply you with the product or service you ordered, we will not process your order and inform you of this in writing (via email) and, if you have already paid for the product or service, we will refund you in full as soon as reasonably possible. In case you are acting as a consumer we will refund your purchase no later than 14 days after receipt of your payment.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, or if you are under the age of 18, Symeonides Fashion has the right to stop or cease to fulfil the order at any time, including after dispatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that Symeonides Fashion shall not incur any liability in such circumstances.
We accept the following payment methods:
Any other payment method as indicated on the website
We reserve our right to add other payment methods or cease to accept existing payment methods. Any pending payments or orders will be processed normally, as applicable before such a change is put in place.
Processing of payment transaction
Placing an order through the Website, means that you have full authorisation to do so and that you accept Symeonides Fashion House Ltd may use external service providers to process your payment or relevant programs.
In the event of a failure of the payment transaction we have the right to request that you settle any pending amount in relation to the order in the manner specified by us (ex. bank transfer, cash etc.)
Price and delivery
Product pricing is indicated on the relevant website pages in Euro including VAT, but the final price payable will depend on the delivery charge to be added (if applicable).
We try to make sure that all prices posted on the Website are accurate, but it may be possible that an error may from time to time occur, and we will take all necessary steps to rectify it. If the correct price is lower than the wrongly indicated price you will be able to benefit from the correction. If the correct price is higher than the wrongly indicated price you will be asked to verify that you agree with the correction and requested to cover the difference, otherwise you will be entitled to cancel the order and obtain a refund, provided that any products already delivered are returned.
The delivery is free for orders over €30.00. For orders under €30.00, you will be charged the amount of €5.00 for delivery of the products.
The delivery charge is indicated upon placing the order and we will give you a call or contact you by email to notify you of the expected delivery date. In the absence of such a notification, we will usually deliver the products within 30 days. If delivery is not completed within this period you have the option to specify a reasonable deadline for delivery and in the event that we are not able to meet this reasonable deadline, you have the option to cancel the order and receive a refund of the order amount.
Please note that certain products and services may be subject to alternative delivery charges, restrictions and/or timescales. If delivery cannot be made to a customer due to the customer not being present at the address at the time allotted by the carrier or if a customer refuses to accept the products, Symeonides Fashion reserves the right to deduct the cost for returning products to the Symeonides Fashion returns center or store from the customer’s refund for the order.
Please note that Food products, food gifts, beauty products, bra accessories, lingerie (not including bras), swimwear and any products with a seal where the seal is broken cannot be returned.
All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order.
Collect from store
You have the option to collect your order from a store of your selection. During the checkout process on the website, you may select the store you wish to collect your order, from the list of stores available. We will inform you of the estimated date for collecting goods via e-mail or phone.
Where the supply of your product(s) or service(s) is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand) we will make every effort to keep you informed but shall be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.
We will give you a call or contact you by email to notify you of the expected delivery date or of the date of availability for store collection. In case you are not able to receive the delivery or collect the order from the store (as applicable), you will able to notify us by calling customer service at +35722740666 and we will make the necessary arrangements.
In case it is not possible for us to deliver the order at the address indicated, by reason of the customer not being present or in the event that the customer does not visit the store to collect the order within 7 days of the date of availability as notified, then we will treat this as a cancellation of the order and we will process the refund of the amount paid by the customer, except for:
- goods made to the consumer’s specifications or clearly personalised (e.g. made to measure orders);
- goods which are liable to deteriorate or expire rapidly (e.g. flowers, plants and food).
Your right to cancel
If you are contracting with us as a consumer online or by phone, you have the right to cancel (under the Consumer Rights Law 2013 (Law 133(I)/2013) implementing the Consumer Rights Directive 2011/83 (“CRL“) from all or part of your contract at any time up to 14 calendar days after the day on which you receive the goods you have ordered. Any paid delivery charge will be included in your refund once we have received all (not part) of your order to the returns address specified on our cancellation form. Please note that the delivery charge refund will be to the value of standard delivery.
To be acting as a consumer you must be a natural person acting in your personal and not professional purposes.
This right to cancel does not apply to certain products such as: personalised products or products made on the basis of specifications or requirements provided by the customer (e.g. made to measure orders, food products, flowers, plants or other perishable products or products sold in sealed containers for hygiene reasons such as beauty products, lingerie if the customer has unsealed the products before returning them to us.
Where we deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to us.
If you cancel your order during the order processing stage, i.e. prior to order confirmation, your order will not be delivered to you and you will be eligible for a full refund. If you cancel your order after order confirmation and/or delivery/collection, you must return the goods to the address specified on our cancellation form.
Exercising the right to cancel
To exercise the right of cancellation, you must inform our contact center of your decision to cancel the contract by sending an email to email@example.com . You may also use the model cancellation form, but this is not obligatory.
You must take reasonable care of the goods while in your possession. You shall send back any goods, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back any goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to us. Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods. You must return the goods to the returns address specified on our cancellation form
Once we receive your parcel, Symeonides Fashion will process your refund within 14 days of receipt of the products to our warehouse, or store.
Our “Goodwill” Refund Policy
Our “goodwill” refund policy does not affect your legal rights under the CRL or other applicable legislation.
Our “goodwill” refund or exchange policy (where there is no legal right to a refund or exchange under the CRL or otherwise) is offered on clothing and homeware when goods are returned in a resalable condition with a parcel summary document within 35 days of placing your order. For a refund under our goodwill policy, items must be unused, returned in the original packaging and in a re-saleable condition.
To return your items under our refund policy, please use our returns form to print a returns label and returns note. You will need to return all or part of your order at your own cost through your preferred carrier, or your can return the product to one of our stores in Limassol, Larnaca, Paphos and Paralimni.
If you choose to return any products to us, we will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service. If returned products are lost or damaged in transit, we reserve the right to charge you (or not to refund any amounts attributable to) such loss or damage.
Please note that any refunds, exchanges or returns under our goodwill refund policy shall not include the cost of delivery.
Exclusions from the goodwill policy
The following items are excluded from our “goodwill” returns policy:
Food, food gifts, beauty products, bra accessories, baskets, lingerie (not including bras), swimwear and any products with a seal where the seal is broken. These products can only be returned in accordance with your legal rights (for example, if they are not fit for purpose or not as described).
Some of these items may have their own terms and conditions which will be provided to you at the time of purchase.
Collecting M&S Loyalty points
Marks & Spencer Loyalty program members can collect points from online purchases. The points will be added to members’ accounts upon completion of their order.
To be eligible to collect points online, either of the following personal data must be inserted in the respective field during the checkout phase and before placing an order:
- a valid M&S loyalty card number or
- the valid phone number registered in the member’s M&S Loyalty card application
Please ensure you have inserted the correct loyalty scheme number (or the phone number you have registered in your M&S Loyalty card application) in the designated fields before placing your online order otherwise we will be unable to add your points at a later stage.
We are unable to add loyalty points to your loyalty scheme account from previous online transactions.
The points can be redeemed only by your physical presence at the stores.
Other Loyalty Card Terms and Conditions apply.
Damaged or incorrectly supplied products
You should check all products you receive against your order. If the products you receive are damaged or incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post, phone or email only) within a reasonable period of time (no later than 14 days from delivery of the products). You must return the products to us as soon as possible after informing us that the products are damaged or have been incorrectly supplied.
In the case of damaged or incorrectly supplied goods due to our fault, we will offer you a refund. Any refunds will be given by Symeonides Fashion and will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged on return or for which we arrange collection.
Product and service descriptions
We have taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:
- orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
- all prices are displayed in Euro (€) and local tax where applicable unless expressly indicated otherwise;
- packaging may vary from that shown on the Website;
- the weights, dimensions and capacities shown on the Website are approximate only;
- whilst we try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
- all items are subject to availability. We will inform you as soon as possible if the product(s) or service(s) you have ordered are not available and we may offer alternative product(s) or service(s) of equal or higher quality and value.
You agree that you will not use, sell or supply any product(s) purchased from Symeonides Fashion in an unlawful manner.
Nothing in these General Terms and Conditions of Sale limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by law. Nothing in these General Terms and Conditions will affect your statutory rights and, in particular, we will perform our obligations under these General Terms and Conditions of Sale with reasonable care and skill.
Any products we supply to you will be of satisfactory quality. If we deliver a product to you that is not of satisfactory quality, you can contact us for a repair or replacement or, where this is not possible, for a refund.
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions of Sale. We will not be liable to you if we are prevented or delayed from complying with our obligations under these General Terms and Conditions of Sale by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
You must follow any advice we give you to keep products we supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products we have supplied which is caused by your failure to follow this advice.
In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues or business interruption.
Information about Online Dispute Resolution and Alternative Dispute Resolution
The European Commission offers a platform for Online Dispute Resolution, which you can access by clicking on the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
In the event of any dispute between you and us, where you are acting as a consumer you can take the matter to the Cyprus Consumer Center for Alternative Dispute Resolution. More details can be found at www.adr.com.cy.
PART D: LEGAL TERMS
Exclusions of liability
Except as expressly provided in these Terms and Conditions, we exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms and Conditions or your use of the Website.
These exclusions shall be governed by and construed in accordance with Cyprus law, subject to other mandatory laws which cannot be excluded in the Republic of Cyprus. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Nothing in these Terms and Conditions shall exclude or limit our liability for personal injury or death caused by our negligence. In addition, these Terms and Conditions shall not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.
Other legal notices
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Terms and Conditions govern your use of this Website.
Assignment and Third Party Rights
You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
We may assign, transfer or sub-contract any of our rights or obligations under these Terms and Conditions to any third party at our discretion. However, where we have engaged a third party to perform part of the contract with you, we remain liable towards you for the full performance of our agreement and also for the performance by the third party.
Only you and Symeonides Fashion shall be entitled to enforce these Terms and Conditions. No third party shall be entitled to enforce any of these Terms and Conditions or the applicable local legislation.
No relaxation or delay by us in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by Symeonides Fashion in writing.
Complaints and disputes
We will try to resolve any complaints you make or disputes with you quickly and efficiently.
If you are unhappy with the goods supplied to you or any other matter, please contact us as soon as possible.
If you and we cannot resolve a complaint or dispute using our internal complaint handling procedure, we will let you know and if you are not satisfied with the outcome you can bring legal proceedings.
In addition, you may submit disputes for online resolution to the European Commission Online Dispute Resolution platform. For more details, please visit https://ec.europa.eu/consumers/odr.
Note that we accept to resolve disputes with consumers through the Cyprus Consumer Center for Alternative Dispute Resolution – a Licensed and Approved ADR Entity established in Cyprus. More details can be found at www.adr.com.cy
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
These Terms and Conditions and any document expressly referred to in them set out the entire agreement between you, Symeonides Fashion and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Law, jurisdiction and language
Any matters that arise out of your use of this Website (including any contract entered between you and us through the Website) shall be governed by the laws of the Republic of Cyprus and subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.
Changes to these Terms and Conditions
We reserve the right to change and update these Terms and Conditions from time to time and recommend that you revisit this page regularly to keep informed of the current Terms and Conditions that apply to your use of the Website. In the event of a change or an update to these Terms and Conditions we will flag it in an appropriate way on the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.