Please be sure to read, and make sure you understand, the Terms and Conditions prior to using the Website (as defined below) and placing an Order with KOUROSS FASHIONS (LEMESOS) LIMITED. By using our Website, you agree to be bound by the Terms and Conditions. Definitions The following definitions shall apply to these Terms & Conditions: "EU" means a European Union member state, which for the time being includes the UK. "Non EU" means any other country that is not an EU member state. "Order" means an online transaction made by you via the Website for one or more Products, to which these Terms and Conditions apply. "Personal Information" means the details you provide to us when you use the Website, such as your name, e-mail address, billing address, delivery address, telephone number, Product selections, credit card or other payment information and a password. "Website" means any digital way of accessing the Kouross Online store and includes the website located at www.kourossonline.com or any subsequent URL which may replace it. "Product" means a product displayed for sale on the Website. "Product Description" means the section displayed on the Website where certain terms and conditions in respect of the individual Product are provided which shall include, but not be limited to, all details, prices (cost of the Product and delivery charges), photographic representations and descriptions of a Product. It shall also include, where appropriate, specific delivery dates and times, warranties, after-sales service and guarantees about that Product. "Kouross Account” means your personal customer account set up by you on the Website. "Terms and Conditions" means these terms and conditions. "We", "us" or "Kouross" means KOUROSS FASHIONS (LEMESOS) LIMITED. Please note, that when arranging delivery of your Order, Kouross may instruct a third party courier or postal carrier to deliver it to you. However, Kouross will ultimately be responsible for managing the delivery of your Order, so for the purposes of these Terms and Conditions, all references to "we", "us", or "Kouross", will be taken to include such third parties. "Cyprus" means, for the purposes of these Terms and Condition the Republic of Cyprus.
"Users" means the users of the Website collectively. "You" means you as a user of the Website. 1. Using the Website 1.1 The Website provided solely for your personal use. To place an Order on the Website you must be at least sixteen (16) years old. You may not use the Website for any commercial purpose. We reserve the right to make changes to any part of these Terms and Conditions from time to time, so please ensure you check the latest version. 1.2 All text, graphics, photographs, logos, trademarks, artwork, sounds, music, user interfaces, visual interfaces and computer code (the "Content") belongs to Kouross (or is licensed to Kouross). This Content includes, but is not limited to, the design, structure, selection, coordination, expression, "look and feel" and arrangement of it. The Content is protected by copyright, trademark and other intellectual property rights and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute this Content in any way without Kouross’ prior written permission. 1.3 You agree that any information you submit to the Website including Personal Information shall be accurate. You agree that anything you submit on the Website shall not infringe any right of any third party, nor contain anything libelous or otherwise unlawful, abusive or obscene nor constitute an invasion of privacy. As such, you are and shall remain solely responsible for the content of any submissions you make on the Website and we reserve the right to remove any material you have placed on the Website or to deny you access to the Website at any time in our sole discretion. 1.4 While we endeavor to verify the accuracy of any information we place on the Website, we make no warranties (whether express or implied) in relation to its accuracy. The Website are provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. 1.5 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, and reliability of the Website. 1.6 The Website may contain links to other websites or applications, which are not operated or owned by Kouross. When you activate any of these you will leave the Website and we have no control over, and will not accept any responsibility or liability in respect of, the material on any website or application which is not under our control.
Our Products 3.1 We will take all reasonable care to ensure that all Product Descriptions are correct. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. Please refer to our Returns Policy if you are unhappy with your Order. 3.2 Products are subject to availability. We will do our best to remove any Products which have sold out at the earliest opportunity. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then Kouross shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product. 3.3 If, due to unforeseen circumstances or in the event of supply difficulties, it is necessary to substitute a Product, the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.
4.1 We endeavour to ensure that all Products on the Website are available at the same price in all our stores (Anexartisias Street, Maximos Shopping Plaza, Limassol and Ermou Street, Larnaca). However, from time to time we may offer additional discounts for purchases made via the Website that do not apply in-store, or vice versa. 4.2 Any discount, offer or promotional discount offered on the Website is valid only for use as part of a purchase made via the Website, unless otherwise stated and subject to availability. 4.3 Product prices shown on the Website are in Euro and are inclusive of Cyprus value added tax ("VAT") (where applicable), at the appropriate rate. Product prices shown on the Website may change from time to time. Please also be aware that the price of a Product may change at checkout if it is subject to any taxes, duties, fees, levies or delivery charges applied in the country you have selected for delivery of your Order. 4.4 Although we try to ensure all our Products' prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered, we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled. 4.5 All Product prices shown on the Website are inclusive of any applicable Cyprus VAT. Where you have requested delivery of your Order to an EU country, the total cost of your Order will include Cyprus VAT. Where you have requested delivery of your Order to a non-EU country, the total cost of your Order will not include Cyprus VAT. However, it will include any applicable taxes, duties, fees, levies or other charges levied by that non-EU country, which may be added to your Order at checkout and paid on your behalf by Kouross to the relevant local customs authorities or may be payable by you at the relevant local customs authorities. 4.6 You will be the importer for the international delivery of your Order (i.e. any Order delivered to a country other than Cyprus). Therefore, before placing an Order, it is your responsibility to check that the Products you are planning to import comply with state and federal government import regulations, and that there are no local requirements or restrictions which may affect receipt of your Order. If any customs requirements apply or charges are due, you agree to be responsible for these
Payment and payment methods on the Website 6.1 You can currently pay in Euro or such other currency as we may accept from time to time. 6.2 We accept payment for Orders by MasterCard, Visa, Visa Debit, American Express and PayPal. 6.3 If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay. 6.4 By placing your Order and making an offer to buy a Product, you authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity; to validate your credit card; to obtain an initial credit card authorisation; to protect you and us from fraud; and to enable us to arrange delivery of your Order to your nominated delivery address.
7.1 Kouross gift cards can be exchanged for products in our stores in Anexartisias Street, Maximos Shopping Plaza, Limassol and Ermou Street, Larnaca and can also be used to purchase Products via the Website. 7.2 A gift card cannot be exchanged for cash or refunded
8.1 You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We will not be liable for the delivery of your Order as a result of you supplying us with incomplete or inaccurate information. Parcels may require a signature on delivery. Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case. 8.2 We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, import delays or higher than anticipated demand. Kouross shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.
9.1 You have a right to cancel your contract of sale at any time up to fourteen (14) days after the day on which you receive your Order. If you place an Order for several Products and they are delivered separately then your fourteen (14) days will start the day after you receive the last Product in your Order. You need to return the item within twenty eight (28) days after the day on which you receive your Order in order to receive a refund. For information on refunds please see our Returns Policy. 9.2 If, for any reason, you wish to cancel your contract before your Order has been dispatched or you have been notified that it is available for collection, then you need to let us know. You can do so by contacting our Customer Services team or by calling 25- (+357 25- from outside Cyprus). Once we have received notification from you of your wish to cancel your contract, subject to any monies having been taken from you, provided the items have not been dispatched then we will refund you the original purchase price and delivery charge for your Order within fourteen (14) days. For more information, please see our Returns Policy. 9.3 It may not always be possible to stop an Order from being dispatched or made available for collection. If you decide to cancel your contract and your Order has already been dispatched or you have been notified that it is ready for collection, then you need to let us know and return the Product within twenty-eight (28) days from the day after you receive or collect your Order. You can notify us by using any one of the options identified in clause 9.2 above.
10.1 Products must be returned in a saleable condition within twenty-eight (28) days of receiving your Order. Products must be unused and in their original packaging with tags and any other security devices or seals still attached and intact when they are returned to us. We reserve the right to consider the condition of any Product that you wish to return and make any deductions if there are indications that the Product, its tags, security devices or seals have been used, removed, broken or tampered with. 10.2 Please note that your right to cancel or return a Product does not apply to certain types of Products. The following list provides a non-exhaustive list of the types of Products you cannot cancel or return: Products which are bespoke, have been made to measure, altered, or personalised to your specification; How to return an item Payment for returning a Cyprus Order by post 10.3 We will pay for the cost of returning any order delivered to you within Cyprus. Payment for returning an EU Order (other than a Cyprus Order) by post 10.4 We will pay for the cost of returning any Order delivered to you within the EU. 10.5 Should you choose to return your Order through any other process (including a different carrier or postal service), then any cost associated with that, as well as the risk, loss or damage to your Order shall be borne by you. Process and payment for returning a Non-EU Order by post 10.6 We will pay for the cost of returning any Order that was originally delivered to a non-EU country. 10.7 Should you choose to return your Order through any other process (including a different carrier or postal service), then any cost associated with that, as well as the risk, loss or damage to your Order will be at your own liability. In-store returns 10.8 You can also return your Order to any of the following Kouross stores: Anexartisias Street, Maximos Shopping Plaza, Limassol and Ermou Street, Larnaca. Please ensure that you bring the delivery note that you got with your Order and your payment card (unless you paid by gift card) when returning an Order to one of our stores. Please note we will not reimburse any costs incurred by you in returning your Order to one of our stores.
Refunds on Cyprus and EU Orders 11.1 Within fourteen (14) days of us receiving your Order back by post, or receiving proof from you that your Order was returned to us, we will refund you the original purchase price and delivery charge for your Order, provided that you return the Product(s) to us in a saleable condition. 11.2 Refunds will be issued back to you as follows: a) If you paid for your Order using a credit or debit card then your refund will be made back to the same card irrespective of whether you return your Order via post or to one of our stores. This will appear in your account within five (5) days depending on your card issuer. b) If you paid for your Order using your PayPal account then if you return in-store then you can either get a refund on a gift card or we can arrange for your Order to be returned to us and your refund will be made back to your PayPal account (this may take up to 10 days). If you return by post then your refund will be processed back to your PayPal once we receive and process the Order. c) If you paid for your Order using a gift card or e-voucher and returned it to one of our stores, then your refund will be given back to you on a gift card. 11.3 Subject to the delivery option that you selected when first placing your Order we will also refund you one of the following: a) If you chose and paid for Standard Delivery of your Order, then we will refund you the full cost of this. b) If you chose and paid for another method of delivery we will refund you the Standard Delivery cost that would have applied to your Order. Refunds on a Non-EU Order 11.4 If you placed your Order online and paid for it to be delivered to a Non-EU country, then within fourteen (14) days of receiving your Order back by post we will refund you the original purchase price for your Order, provided that you return the Product(s) to us in a saleable condition. Please note that we will not refund the original delivery charge or any applicable local customs duties charged to you at checkout and paid to your local customs authority. Certain countries permit refunds of customs duties paid on Products you subsequently return. However, you will need to apply to your local authority to process that. Promotional discounts and refunds 11.5 If a promotional discount applied to your Order originally, then the same discount will be applied to each Product of your Order that you return. This means that you will only be refunded the amount that you originally paid for your Order or any given Product. Further, any free promotional gift given with an Order must also be returned if you are returning the Product(s) to which the gift related. When returning discounted products online, the usual 28 day returns policy applies to allow you time for returning the products. However, when returning discounted products in store, you have 7 days to return your product(s) from when you purchased it in store.
Liability and Indemnity
12.1 If the fulfilment of an Order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, or you fail any of our fraud detection or anti money laundering detection checks, Kouross has the right to stop or cease to fulfil the Order (or part thereof) at any time and shall incur no liability in such circumstances. 12.2 You have certain rights as a customer, including legal rights relating to faulty or misdescribed goods. Nothing in these Terms and Conditions will affect these legal rights and, in particular, we will perform our obligations under these Terms and Conditions with reasonable care and skill. 12.3 Any Orders delivered to you will be of satisfactory quality. However, if we deliver an Order that is not of satisfactory quality, you can: a) contact us for a full refund within thirty (30) days of delivery; or b) contact us for a repair or replacement. 12.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms and Conditions for any direct, special, incidental, indirect or consequential damages including loss of profit, loss of opportunity or any losses related to any business including (without limitation) lost data, earnings or business interruption that result from the use of, or the inability to use, the material or Content on the Website, a Product, or the conduct of other Users of the Website, even if Kouross has been advised of the possibility of such damages. 12.5 You agree to fully indemnify, defend and hold harmless Kouross, our agents, officers, directors, employees and suppliers, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms and Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Personal Information.
13.1 We may change these Terms and Conditions at any time. If any clause of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that clause shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remainder of these Terms and Conditions which shall continue to have full force and effect. 13.2 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control. 13.3 If you breach these Terms and Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any clause of these Terms and Conditions. 13.4 The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. These Terms and Conditions are governed by Cyprus and are subject to the exclusive jurisdiction of the courts of the Republic of Cyprus. 13.5 Dispute Resolution (EU resident customers only). The European Online Dispute Resolution platform www.ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest if there is a dispute we cannot resolve between us. For more information please contact Customer Service. 13.6 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platforms, you accept that communication with us will be mainly electronic. We will contact you by e-mail 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. 13.7 These Terms and Conditions govern our relationship with you and supersede any and all preceding and contemporaneous agreements between you and Kouross. Any waiver of any provision of the Terms and Conditions will only be effective if in writing and signed by a Director of Kouross. You confirm that, in agreeing to accept the Terms and Conditions, you have not relied on any representation save insofar as the same has expressly been made a clause of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation.
Comments and Complaints Procedure
Please contact us if you have any comments or complaints by contacting our Customer Services team or by calling 25- (+357 25- from outside Cyprus). We will always endeavour to resolve any dispute as swiftly as possible.
KOUROSS FASHIONS (LEMESOS) LIMITED is a limited liability company incorporated and registered in the Republic of Cyprus with company number HE 44537. Its registered office is 178 Anexartisias Street, 3040 Limassol, Cyprus.