Preamble
All items listed on CyShopper are 100% original unless otherwise expressly explained in the description of each item. In case of listings of multiple items the picture of the item may vary slightly from the actual item either due to certain colour distortion in the picture or small manufacturing differences between individual items.

1. In these conditions the following terms shall have the following meanings:
‘Customer’ means any person or company whose order is accepted by CyShopper.
‘Contract’ means any agreement for the supply of Items by CyShopper to the Customer.
‘Items’ means any tangible goods and Services forming the subject of this Contract.
‘Services’ means any intangible goods forming the subject of this Contract.

Existence of Contract

2.1 No Contract shall come into existence until the Customer’s order (however given) is accepted by the earliest of:
CyShopper’s written acceptance, or delivery of the Items, or Cyshopper’s invoice.
2.2 These conditions shall be incorporated in the Contract to the exclusion of any terms or conditions stipulated or referred to by the Customer.
2.3 No variation or amendment of this document or oral promise or commitment related to it shall be valid unless committed to in writing and signed by or on behalf of both parties.

Prices

3.1 The prices for the Items are ex-works and exclude packing, insurance and carriage. VAT and other taxes or duties may be payable upon import in the Customer’s country.
3.2 CyShopper reserves the right to adjust prices in the listings without prior notice to the Customers.

Payment

4.1 All invoices are payable without discount, unless a discount is expressly stated in the listing, in Pounds Sterling (£) or Euro (€) in the case of payment by cheque, in Pounds Sterling (£), Euro (€) or US Dollars ($) in the case of payment through Paypal, and in any currency in the case of payment by Bank Transfer, on or before the date stated on CyShopper’s invoice.
4.2 If the Customer fails to pay the invoice price by the due date the Customer shall pay interest on any overdue amount from the date of which payment was due to that on which it is made on a daily basis at a rate of 8% p.a.

Title

5. Title of the Items or Services shall remain with CyShopper and shall not pass to the Customer until the amount due under the invoice (including any interest and costs) has been paid in full.

Risk, Delivery and Performance

6.1 The Items or Services are delivered to the Customer when CyShopper makes them available to the Customer or any agent of the Customer or any carrier (who shall be the Customer’s agent whoever pays its charges) at CyShopper’s premises or other delivery point agreed by CyShopper.
6.2 Risk in the Items or Services passes when they are delivered to the Customer.
6.3 CyShopper may at its discretion deliver the Items or Services by instalments in any sequence.
6.4 Where the Items or Services are delivered by instalments, no default or failure by CyShopper in respect of any one or more instalments shall vitiate the Contract in respect of the Items or Services previously delivered or undelivered Items or Services.
6.5 CyShopper may deliver to the Customer and the Customer shall accept in satisfaction of the Contract a lesser number than the number of Items and Services ordered.
6.6 Any dates quoted by CyShopper for the delivery of the Items or Services and performance of the Services are approximate only and shall not form part of the Contract and the Customer acknowledges that in the performance expected of CyShopper no regard has been paid to any quoted delivery or performance dates.
6.7 If the Customer fails to take delivery of the Items or Services or any part of them on the due date and to provide any instructions or documents required to enable the Items or Services to be delivered on the due date, CyShopper may on giving written notice to the Customer store or arrange for the storage of the Items or Services, and on the service of the notice risk in the Items or Services shall pass to the customer, delivery of the Items or Services shall be deemed to have been taken place, and the Customer shall pay to CyShopper all costs and expenses including storage and insurance changes arising from its failure.
6.8 CyShopper shall not be liable for any penalty, loss, injury, damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate the Contract.

Claims Notification

7.1 Any claim that any Items or Services have been delivered damaged, are not of the correct quantity or do not comply with their description shall be notified by the Customer to CyShopper in 7 days of their delivery.
7.2 Any alleged defect shall be notified by the Customer to CyShopper in 7 days of the delivery of the Items or Services.
7.3 Any claim under this condition must be in writing and must contain full details of the claim including the reference numbers of any allegedly defective Items or Services.
7.4 CyShopper shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall if so requested in writing by CyShopper promptly return any Items or Services the subject of any claim and any packing materials securely packed and paid to CyShopper for examination.
7.5 CyShopper shall have no liability with regard to any claim in respect of which the Customer has not complied with the claims procedures in these conditions.

Scope of Contract

Under no circumstances shall CyShopper have any liability of whatever kind for:
8.1 Any defects resulting from wear and tear, accident, improper use by the Customer or use by the Customer except in accordance with the instructions or advice of CyShopper or the manufacturer of any Items or Services or Items or Services or neglect or from any instructions or materials provided by the Customer
8.2 Any Items or Services which have been adjusted, modified or repaired except by CyShopper
8.3 The suitability of any Items or Services for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to CyShopper
8.4 Any substitution by CyShopper of any materials or components not forming part of any specification of the Items or services agreed in writing by CyShopper
8.5 Any descriptions, illustrations, specifications, figures as to performance, drawings and particulars of weights and dimensions submitted by CyShopper contained in CyShopper’s listings, price lists or elsewhere since they are merely intended to represent a general idea of the Items or Services and not to form part of the contract or to be treated as representations
8.6 Any technical information, recommendations, statements or advice furnished by CyShopper its servants or agents not given in writing in response to a specific written request from the Customer before the Contract is made, or
8.7 Any variations in the quantities or dimension of any Items or Services or changes of their specifications or substitution of any materials or components; if the variation or substitution does not materially effect the characteristics of the Items or Services, and the substituted materials or components are of a quality equal or superior to those originally specified.

Extent of Liability

9.1 CyShopper shall have no liability to the Customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the Contract or any negligence, breach of statutory or other duty on the part of CyShopper or in any way of or in connection with the performance of or failure to perform the Contract except for death or personal injury resulting from CyShopper’s negligence, and expressly stated in these conditions.
9.2 If the Customer establishes that any Items or Services have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description CyShopper shall, at its option, replace with similar Items or Services any Items or services which are missing, lost or damaged or do not comply with their description, or allow the Customer credit for their invoice value or repair any damaged Items or Services.
9.3 If the Customer establishes that any Items or Services are defective the Customer must return those Items or Services forthwith, at its own cost, to CyShopper which will be repaired or replaced at CyShopper’s discretion. If the Items or Services can not be replaced or repaired within 3 months of CyShopper’s receipt thereof CyShopper may credit the Customer in part or in full at it’s own discretion.
9.4 If the Customer returns to CyShopper any Items or Services for repair and some are found to be fault free then CyShopper may, at its own discretion, charge the Customer for its reasonable handling costs.
9.5 The delivery of any repaired or replacement Items or Services shall be at CyShopper’s premises or other delivery point specified for the original Items or Services.
9.6 No claim against CyShopper shall be entertained for any defect arising from any design or specification provided or made by the Customer or if any adjustment’s, alterations to other work has been done to the Items or Services by any person except CyShopper.
9.7 CyShopper shall not be liable where any Items or Services the price of which does not include carriage are lost or damaged in transit and all claims by the Customer shall be made against the carrier. Replacements for such or lost or damaged Items or Services will, if available, be supplied by CyShopper at the prices ruling at the date of despatch.
9.8 In no circumstances shall the liability of CyShopper to the Customer under this condition exceed the invoice value of the Items or Services.

10.1 CyShopper may sub-contract the performance of this Contact in whole or in part.
10.2 The Customer shall not assign or (without first obtaining CyShopper’s written consent) sub-let these Terms and Conditions or the Contract in whole or in part and it shall be a condition of any such consent to any sub-letting of these Terms and Conditions or the Contract that the Customer shall:
ensure and be responsible for the compliance by any sub-contractor's with the terms of this contract,
include in the sub-contract provisions consistent with these conditions for the benefit of and enforceable by CyShopper and furnish CyShopper with copies of any sub-contract upon CyShopper’s request at any time.
10.3 CyShopper shall have a lien Customer’s property in CyShopper’s possession for all amounts due at any time from the Customer and may use, sell or dispose of that property as agent for and at the expense of the Customer and apply the proceeds in and towards the payment of such amounts on 28 days’ notice in writing to the Customer. On accounting to the Customer for any balance remaining after payment of any amounts due to the Company and the costs of sale and disposal CyShopper shall be discharged of any liability in respect of the Customer’s property.
10.4 CyShopper may at its discretion suspend or terminate the supply of any Items or Services if the Customer fails to make any payment when and as due or otherwise defaults in any its obligations under this Contract or any other contract with CyShopper or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or CyShopper shall be discharged of any liability in respect of the Customer’s property.

Confidentiality

11 The Customer shall not at any time whether before or after the termination of this Contract divulge or use any unpublished technical information deriving from CyShopper or any other confidential information in relation to CyShopper’s affairs or business method of carrying on business.

Cancellation

12 Orders for stock Items may be cancelled by written notice at any time before the Items or Services have been allocated to the Contract. Any expenses or charges will be payable by the Customer.

Force Majeure

13 CyShopper shall not be liable for any act or omission arising which shall render performance of the Contract impossible or shall in any way have the effect of frustrating the common cause where such act or omission is beyond the control of either CyShopper or the Customer or was not reasonably foreseeable by them. Such acts or omissions shall have the effect of automatically terminating the contract.

Law and Jurisdiction

14 These Terms and Conditions shall in all respects be construed and interpreted in accordance with the Law of Contract in the Republic of Cyprus notwithstanding the effect of the law of the European Union. Where the Customer is resident in the European Union or EFTA, CyShopper may at its absolute discretion nominate the Court of the Customer’s member state to be the Court of competent jurisdiction under the Brussels Convention. Where the Customer is resident elsewhere CyShopper shall possess the absolute discretion as to the competent court or jurisdiction.

Notices

15 Any notice given under this Contract shall be in writing and may be served personally, by registered or recorded delivery mail, by telex or facsimile transmission, by any other means which any party specifies by notice to the other.
A notice shall be deemed to have be served:
- if it was served in person, at the time service,
- if it was served by post, the day after the day after posting,
- if it was served by facsimile transmission, at the time of transmission.