Article 1 – LEGAL NOTICE

The present website, accessible at http://www.nabucco.com.cy (the “site”) is managed by:

Nabucco Pet Products Limited, Limited company registered in the Republic of Cyprus under the number HE419635 , with registered office located on Kennedy 63 – Xenia Court, Office 7, 4^Th Floor – 1076 Nicosia, Cyprus is duly authorized to operate the site.

(Hereinafter referred to as the "Operator").

The Operator's individual VAT number is: CY10419635X

The site is hosted by the company Shopify Inc, located 126 York St. Ottawa, ON K1N 5T5, Canada, telephone: 1-888-746-7439.

The Site's publication director is Serrurier, Geoffrey.

The operator may be reached by email at the address eshop@nabucco.com.cy.

Article 2 - GENERAL PROVISIONS RELATING TO THE GENERAL CONDITIONS

 

The general conditions of sale (the "General Conditions of Sale" or the "GTC") are applicable exclusively to the online sale of products offered by the Operator on the Website. The GTC are made available to customers on the Site where they can be viewed directly and can also be communicated to them on request by any means. The GTC are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having read and accepted them before placing an order. The validation of the order by its confirmation implies acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Operator.

Article 3 - PRODUCT DESCRIPTION

The Site is an online sales site for pet food or pet accessories (hereinafter the “Product (s)”) open to any natural or legal person using the Site (the “Customer”).

The Products presented on the Site are each the subject of a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Products comply with the requirements of Cypriot law in force.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as, in particular, Internet service providers, which remain at its expense. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the IT configuration he uses is secure and in working order.

Article 4 - CREATION OF THE CUSTOMER AREA

The Customer has the possibility of creating his personal customer area. Once created, to access it, the Customer must identify himself using his username and secret, personal and confidential password. It is the Customer's responsibility not to communicate his username and password in accordance with the provisions of Article 16 "Personal Data" of these General Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular username and password, allowing him to access his customer area, the Customer acknowledging that he is solely responsible for access to the Service through his username and password, except for proven fraud. Each Customer also undertakes to inform the Operator without delay in the event of a loss, misappropriation or fraudulent use of his username and / or password.

After the creation of his personal customer space, the Customer will receive an email confirming the creation of his customer space, and containing a link to confirm the email address provided.

The Customer undertakes when registering to:

• provide real, exact, up-to-date information when it is entered in the service registration form, and in particular not to use false names or addresses, or even names or addresses without being authorized to do so.
• keep registration data up-to-date in order to guarantee their real, exact and up-to-date character at all times.

The Customer also undertakes not to make available or distribute information that is illicit or objectionable (such as defamatory or constitutive information constituting theft of identity) or even harmful (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site at his sole fault.

Article 5 – ORDERS

The Operator strives to guarantee optimum availability of its Products. Product offers are valid while stocks last.

If, despite the Operator's best efforts, a Product turns out to be unavailable after the Customer has ordered, the Operator will inform the Customer by email as soon as possible and the Customer will have the choice between:

• the delivery of a Product of a quality and a price equivalent to that initially ordered, or
• reimbursement of the price of the Product ordered at the latest within ten (10) days of payment of the sums already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation compensation.

In the event that the Operator has made an error in the order sent to the Customer, the latter must report it by email to the address: eshop@nabucco.com.cy within 7 days of receipt of the order.

The Products to be returned must be in their original packaging and intact. The Operator will send the Customer a prepaid return label by email, at the address specified

The Customer must complete the return using the return label sent by email or drop by his(her) means the products back to our shop on Kennedy 49 – 1076 Nicosia. The Customer will have the option of choosing between:

• Request a refund of the entire order;
• Request that the Operator return the Product (s) initially ordered free of charge. The request must be made by email to the following address: eshop@nabucco.com.cy

In the event of a reimbursement request, the Operator will reimburse the Customer for the amount of the order within ten (10) days of receipt of the Product and all the elements allowing the reimbursement of the Customer to be implemented.

This reimbursement may be made by the same means of payment as that used for the Customer. With the exception of any indication to the contrary in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to his basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.

The Customer agrees to read the General Conditions of Sale then in force before accepting them and confirming the terms and any costs of delivery and withdrawal prior to payment of his order. Confirmation of the order implies acceptance of the GTC and forms the contract.

A copy of these General Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of his Order so that the latter can refer to them.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the time of delivery at the latest. The Operator strongly advises the Customer to print and / or archive this order confirmation on a reliable and durable medium as proof.

Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area or to the address that he will have entered at the time of the order if he is not registered in the customer are.

Any modification of an order by the Customer after confirmation of his order is subject to the agreement of the Operator and to the availability of the products newly requested.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the latter. Thus, the Operator's liability can in no way be sought in the event that an error when placing the order would prevent delivery or delay delivery. The Customer declares to have full legal capacity allowing him to engage under these General Conditions.

Article 6 – RECURRING DELIVERIES

The Operator offers the Customer the possibility to repeat his order into multiple deliveries, also called recurring deliveries.

The Operator offers the following way of deliveries:

• One-off delivery: all the products are delivered in one delivery. Payment is done at time of order, in full.
• Recurring Deliveries: The order can be repeatedly delivered for a period of 2 to 8 weeks. If the customer chooses this form of delivery, quantities of the order will be delivered weekly for the time frame chosen at check out. Payment is done at the time of shipment, and shipment will be organised only the payment by the credit card has been authorised.

The conditions of the recurring deliveries are the same as described in article 5 – Orders.

 Article 7 – TERMS OF PAYMENT AND SECURITY 

The Customer expressly acknowledges that any order placed on the Site is an order with obligation of payment, which requires the payment of a price against the supply of the Product ordered.

In any event, the Operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

The Operator uses the Vivvawallet online payment solution.

Orders can be paid using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure banking servers of the Operator's bank, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the bank.

The Customer's account will be debited with the corresponding amount only when (i) the data of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

Failure to debit the amounts due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.

 

• Payment by electronic wallet (type Paypal). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay for his order in complete security without providing his bank details.

 

Where applicable, the order validated by the Customer will only be considered effective when the secure bank payment center has given its agreement to the transaction.

Article 8 - PAYMENT OF THE PRICE 

The price of the Products in force at the time of the order is indicated in euros all taxes included excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of advertising made for the promotion.

The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include the discounts and rebates that the Operator may grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 9 - ISSUANCE OF THE CONTRACT

The contract between the Operator and the Customer is formed when the Customer sends the confirmation of his order.

The Customer's attention is particularly drawn to the method of accepting the order placed on the Site. When the Customer places his order, he must confirm it, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of his basket (identification, quantity of products selected , price, terms and delivery costs) before validating it by clicking on "Proceed to payment", then he acknowledges accepting these GTC before clicking on the button "Place my order". Finally, he validates his order after having filled in his bank details.

The archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet constitutes proof of all transactions between the Operator and its Customers.

Article 10 - OWNERSHIP 

The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.

Article 11 - SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in Cyprus or Greece.

Delivery means the transfer to the Customer of physical ownership or control of the Product.

The Operator offers you different delivery or delivery methods: at home or at a relay point. The Operator collaborates with the following service providers: AKIS EXPRESS, ACS COURIER or WOLT (delivery with WOLT are done only through the WOLT app). 

The shipping costs are those specified when finalizing the order and are accepted by the validation of the order.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum period of ten (10) days after receipt of the order.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipment of the order as well as the deadline provided by the carrier.

The Operator undertakes to ship the Products in accordance with the deadlines announced in the shopping cart, provided that payment for the order has not been refused beforehand.

However, if one or more Products could not be delivered within the time initially announced, the Operator will send an email indicating to the Customer the new delivery date or as described in Article 5, a mean to compensate or substitute the missing products.

The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain errors. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

On delivery, you may be asked to sign a receipt.

No delivery will be made to a PO box.

On delivery, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and not damaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery slip.

Article 12 - RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have ten (10) days to do so from the date of receipt of the order.

The process of returning articles must be initiated by the Customer, by contacting the Operator by email eshop@nabucco.com.cy and requesting the return. The Operator will then provide the whole procedure for the Customer to organize the return of the article.

Return costs are the responsibility of the Customer.

 

The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories.

In addition to the returned Product, the return package must also contain the forms by the Operator.

When the Customer completes the return procedure, he will have the choice between an exchange or a refund (excluding shipping costs). If he chooses the exchange, he must indicate the desired new product (s) on the return slip.

In the event of a reimbursement request, the Operator will reimburse the Customer for the amount of the Product within ten (10) days of receipt of the Product and all the elements allowing the reimbursement of the Customer to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.

Article 13 - CUSTOMER SERVICE 

The Customer can contact the Operator by email by sending you to eshop@nabucco.com.cy indicating his name, telephone number, the subject of his request and the number of the order concerned.

Article 14 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE 

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, database. , structure of the Site and all other elements of intellectual property and other data or information (hereinafter, the “Elements”) which are protected by Cypriot and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or against payment, by a Customer or by a third party, whatever the means and / or media used, whether known or unknown to date, without the prior express written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.

 

The Operator reserves the right to take any legal action against persons who have not complied with the prohibitions contained in this article.

ARTICLE 15 - LIABILITY AND GUARANTEE

The Operator cannot be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or even for the unforeseeable and insurmountable fact of any third party herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their operation may be temporarily interrupted for reasons of maintenance, updates or technical improvements, or to change the content and / or their presentation.

The Operator cannot be held responsible for the use which would be made of the Site and its services by the Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, the Operator cannot be held responsible for false declarations made by a Customer and his behavior towards third parties. In the event that the Operator is held liable for such behavior by one of its Customers, the latter undertakes to guarantee the Operator against any conviction pronounced against it as well as to reimburse the Operator of all costs, including attorneys' fees, incurred for its defense.

ARTICLE 16 - PERSONAL DATA 

The User is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the use of the Site. Among the personal data of the User that the Operator collects from him may include:

• His first and last names
• His email address
• His telephone number
• His date of birth
• His genre
• Their IP address (virtual address of their computer)
• His password

The Operator undertakes to ensure the protection of the Customer's personal data and all personal data obtained in the context of the use of the services of the Site.

 

As such, each Client is solely responsible for maintaining the confidentiality of his username and password, and is solely responsible for all access to his Client Account, whether authorized or not.

The Operator cannot be held responsible for any action or harmful fact carried out via the Customer's personal space by a third party who would have had access to his username and password following a fault or negligence attributable to the Customer. The Customer undertakes to inform the Operator immediately when the Customer becomes aware of or suspects unauthorized use or unauthorized access to his personal space.

All personal data collected by the Operator is collected directly from the Customer and processed by the Operator to enable the implementation and management of the Site's services. This data may also be used to compile statistics in order to improve the services of the Site. This data may be transmitted to the Operator's partners and suppliers involved in the delivery, invoicing and management process for the purposes of processing orders as well as for the purposes of marketing management and customer relations.

Article 17 - HYPERTEXT LINKS 

The hypertext links available on the Site may refer to third-party sites not published by the Operator. They are provided solely for the convenience of the Customer, in order to facilitate the use of resources available on the Internet. If the Customer uses these links, they will leave the Site and will then agree to use third-party sites at their own risk or, where applicable, in accordance with the conditions that govern them.

The Customer acknowledges that the Operator does not control or contribute in any way to the development of the terms of use and / or the content applicable to or appearing on these third-party sites.

Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.

In addition, the Customer acknowledges that the Operator cannot endorse, guarantee or take over all or part of the conditions of use and / or the content of these third-party sites.

The Site may also contain promotional hypertext links and / or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to notify him of any hypertext link on the Site which would allow access to a third-party site offering content that is contrary to laws and / or good morals. 

The Customer may not use and / or insert a hypertext link pointing to the site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 18 - GENERAL PROVISIONS 

These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all the rights and obligations of the Company and the Operator relating to their purpose. If one or more stipulations of these General Conditions were declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and their scope. In addition, the fact that one of the parties to these General Conditions does not invoke a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part to avail oneself in the future of such a failure.

MODIFICATIONS OF CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available on it, and / or to cease temporarily or permanently to operate all or part of the Site.

In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.

The Customer acknowledges that the Operator cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations.

The Operator advises the Customer to save and / or print these General Conditions for safe and durable storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

CLAIM 

In the event of a dispute, you should first contact the company's customer service at the following coordinates: eshop@nabucco.com.cy.

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with Cypriot law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER 

The Customer acknowledges having carefully read these General Conditions.

By registering on the Site, the Customer confirms having read and accepted the General Conditions, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, it is therefore specified that any modification of the General Conditions which would be made by the Operator will not apply to any order placed previously, except with the express agreement of the Customer to the origin of a given order.