These Terms and Conditions (hereinafter, referred to as the “Terms”) for the e-commerce website www.custompc.com.cy (hereinafter, referred to as the “Website”) constitute a legal agreement between the Customer (as defined below) and Custom PC Solutions LTD, a Cypriot company having a registered office at Steliou Kyriakidi 45, Limassol, 3080, Cyprus (hereinafter, referred to as the “Company”, “us”, “we”, “our”). By using the Website and purchasing any products or services through the Website, the Customer agrees to be legally bound by these Terms. In case the Customer does not agree with one or more provisions of these Terms, the Customer must stop using the Website.
1.1 Except to the extent expressly provided otherwise, in these Terms:
• “Products” means the personal computer or laptop which you have ordered from us and any other hardware or Digital Content ordered by you which are set out in your order form;
• “Services” means the assembly and servicing service that we offer to our customers as well as the selling of other PC components. The exact details of which are dependent on the level of service which is selected;
• “Digital Content” means the data in a digital form that is supplied in a tangible medium (CD or DVD) and that we provide to the Customers for sale through the Website;
• “Customer”, “you”, and “your” refers to you, the person accessing the Website, ordering the Products and/or Services, and accepting these Terms.
1.2 All definitions refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Customer’s needs in respect of provision of the Products and Services, in accordance with and subject to, prevailing Cyprus Law.
2. Ordering from Us
2.1 If you would like to purchase one of our Products and Services through the Website, you need to perform the following technical steps:
• Add the selected Product or Service in your online Cart. This can be done by (1) visiting the webpage of the selected Product or Service and (2) clicking on the “Add to Cart” button.
• Click on the “My Cart” button and, then, on the “Checkout” button.
• Login into your Account or sign in as a guest.
• Add your billing and shipping address.
• Select a shipping option.
• Select a billing option.
• Click on the button “Buy” and pay the price of the Product by using the payment option selected by you.
• When you click on the button “Buy” and add the required payment information, we will send you a confirmatory email informing you about your order.
• By clicking on the button “Buy” and receiving a confirmatory email, you conclude a sale contract in English between you and us on the basis of these Terms.
2.2 The details of your specific contract will not be filed by us and, therefore, the specific contract will not be available to you. However, if you do require any information regarding your order please contact us by sending an email to firstname.lastname@example.org.
2.3 You must take particular care when providing us with your details to ensure that these are accurate and complete at the time of ordering. You are not allowed to register more than one account by using the same email address.
2.4 Correcting input errors. You will be able to identify and correct any input errors prior to placing your order. If you have made any input error in your Cart, please click on the button “My Cart” and correct your error. If you would like to correct any input errors in the billing address, the shipping address, shipping options, and the billing option, please (1) go to the checkout page on the Website and (2) make the necessary corrections. The checkout page of the Website is available by clicking on the button “Buy” which will appear after you click on the button “My Cart”.
2.5 Any order that you place with us is subject availability and acceptance by us. If the Products or Services are not available, we will contact you by telephone or email and offer you an alternative Product or Service or the option of cancelling your order.
2.6 The Products and Services purchased from this Website are intended for your use only and you warrant that any Products or Services purchased by you are not for resale, unless you are registered as a re-seller with us.
2.7 When ordering from the Website, you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.8 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
2.9 The description and price of the Products and Services you order will be as shown on our Website at the time you place your order.
2.10 A purchase with the name “Custom PC Systems” will appear on your bank statement after the completion of an order.
2.11 We cannot guarantee that your existing peripherals (printers, scanners, etc.) will work with the new computer because of potential compatibility issues or unavailability of the right drivers.
3.1 All Prices shown on the Website are in Euro (EUR), inclusive of value added tax (where applicable) but exclusive of delivery charges.
3.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3.3 The total price for Products and Services ordered, including delivery charges, will be displayed on the Website when you place your order.
3.4 No payment shall be deemed to have been received until we have received cleared funds.
3.5 Where an order is made using finance to pay for the Products and Services, delivery must take place to the address given on the finance application.
3.6 Our Website contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services listed on our Website may be incorrectly priced. We are under no obligation to provide the Product and Service to you at the incorrect price, even after we have sent you an Order Confirmation, if an error in our pricing is found. The price will be verified once your order is assembled.
3.7 If an error in our pricing is found, we will inform you as soon as possible by telephone or email and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, we will refund or re-credit you for any sum that has been paid by you or debited for the goods. If you do not reconfirm or cancel your order within 3 working days of notification we will assume that you wish to cancel your order and your order will be cancelled by us.
3.8 Payment. The Payments through the Website are processed by our third party payment processors, (i) PayPal (Europe) S.à r.l. et Cie, S.C.A. having an address at 22-24 Boulevard Royal, L-2449 Luxembourg and (ii) JCC Payment Systems LTD having an address at Stadiou 1, 2571 Nisou, PO Box 21043, 1500 Nicosia, Cyprus (hereinafter, collectively referred to as the “Third Party Payment Processors”). Our Third Party Payment Processors may collect payment information from you which is necessary to make the payments requested by you. Please note that we DO NOT store your credit/debit card information. Our Third Party Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. You agree that we shall not be liable if the Third Party Payment Processors decline or refuse a payment. You agree not to hold the Company liable for payments that do not reach the correct account because you have quoted an incorrect account number or incorrect personal information.
4.1 Delivery periods quoted at the time of ordering are approximate only and may vary. The Products and Services will be delivered to the address nominated by you at the time of ordering.
4.2 Your order will be fulfilled as soon as possible after your Order Confirmation and in any event within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances.
4.3 Please ensure that you or someone who is authorized to sign for the Products and Services on your behalf is available to take receipt of the Products and Services. When accepting delivery, please inspect the package of the Product for any visible signs of damage. If there is damage then you can either refuse the delivery or sign for the package as damaged.
4.4 The Products and Services will be at your risk from the time of delivery.
4.5 You may collect the Products from our premises by arranging this with us in advance. Please ensure that you have valid identification at the time of collection to demonstrate proof of your name and order address.
5. Right of withdrawal
5.1 If you are a consumer (i.e., a natural person who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the contract for purchasing Products and Services within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which (1) you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Product(s) purchased by you or (2) the contract for the Services is concluded.
5.2 To exercise the right of withdrawal for Products and Services you must inform us of your decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You can use the following contact details to exercise your rights of withdrawal:
Address: Custom PC Systems, Steliou Kyriakidi 45, Limassol, 3080, Cyprus.
5.3 You may use the model withdrawal form in Section 5.8, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5.4 Effects of withdrawal of contracts for purchasing Products. If you withdraw from a contract for purchasing Products, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the sale contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. The
5.5 Effects of withdrawal of contracts for purchasing Services. If you cancel a contract for purchasing Services, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the cancellation period, you shall pay us an amount, which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.
5.6 Return of the Products in case of withdrawal. You shall send back the Products or hand them over to us, without undue delay and in any event not later than 15 days from the day on which you communicate your withdrawal from the sale contract to us. The deadline is met if you send back the products before the period of 15 days has expired. You will have to bear the direct cost of returning the Products. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
5.7 Liability for diminishing value of the Products. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
5.8 Model withdrawal form:
— To: Custom PC Systems, Steliou Kyriakidi 45, Limassol, 3080, Cyprus
— Email: email@example.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
5.9 If you would like to exercise the right of withdrawal, you still have a duty of care to ensure the Product is packaged sufficiently, for the type and value of goods being returned. Due to the nature of the Products supplied, we recommend original packaging is used. If original packaging is not available, new specialty packaging can be ordered from us. Where you use your own packaging, liability for the cost of repairing damage resulting from inadequate packaging rests with you. We will only confirm that the item has arrived back to us in a satisfactory condition once we have opened and inspected the Product.
5.10 Exclusion from the right of withdrawal. The right of withdrawal does not apply if:
• The Products are made to the consumer’s specifications or are clearly personalized;
• The Products are liable to deteriorate or expire rapidly;
• The Products are, after delivery, according to their nature, inseparably mixed with other items; and
• The Digital Content (e.g., sealed computer software) was unsealed after delivery.
6.1 In addition to any warranty that you may have purchased with the Products, all Products that we supply are warranted free from defects for 24 months from the date of supply.
6.2 In case within the warranty period our Product shows any defect caused by faulty materials and/or workmanship, we will make arrangements for free of charge service. If a repair is not possible or is considered uneconomical, we may replace the Product with the same or equivalent Product or part. We reserve the sole discretion as to whether to replace a Product rather than repair it. If a replacement is provided the Product or part replaced becomes our property. We may replace parts with refurbished parts.
6.3 The warranty does not apply to any defect in the Products arising from:
• fair wear and tear;
• willful damage;
• negligence by you or any third party (e.g., not using a surge protector);
• use otherwise than as recommended by us or the manufacturer (e.g. in an unventilated / hot or dusty environment);
• failure to follow the manufacturer's instructions;
• any alteration or repair carried out without the manufacturer's approval;
• acts of God (e.g., thunderstorm activity and other natural disasters), fire, pets, voltage supply problems, and water;
• entry by any insect, vermin or foreign object in the Product;
• using the Product with an alternate power source (solar, inverter, generator, etc.) The use of these power sources to power your Product is not recommended by us.
6.4 By returning a Product to us, you agree that we will delete all data stored on the returned Product without reminding you about backing up your data.
6.5 In the event of any software or hardware failure, we will not be held liable to replace, re-install or compensate for any software specified in this Section 6.5 that is lost, damaged or corrupted. This Section 6.5 applies to software provided free of charge by us or any third party software that was installed by you.
7. Upgrade Service
7.1 The upgrade service is provided for customers who wish to purchase upgrades for their existing computer that was purchased from www.custompc.com.cy. We do not guarantee compatibility for systems other than the original order purchased and we assume that you have not installed any other components into the system when we perform an online check for compatibility.
7.2 If a collection and re-delivery upgrade service is selected we assume that the computer is in a full working order and free from damage or defects. If the computer requires repairs and is outside of warranty these will be chargeable and we will contact you to arrange payment before any upgrades are completed.
7.3 Before paying for the upgrade service you will be given details of stock levels for each component you have selected:
• Green Colour Status - this item is in stock.
• Red Colour Status - this item is not currently in stock. It will be ordered in upon request and your order will not be completed until this item arrives.
The above indicators are for guidance only and we cannot be held responsible for any errors or omissions in our stock.
7.4 If a collection and re-delivery upgrade service is selected you will have the opportunity to book in a collection with our courier after the new upgrade order has been processed. This collection service will be requested automatically with our courier and we cannot accept any responsibility or compensate for any failure to collect for any reason.
7.5 If the upgrade cannot be performed for any reason other than our own negligence you will not be entitled to a refund of collection and re-delivery costs or compensation of any sort.
8. Our Website security
8.1 Encryption Technology. We use the industry standard secure sockets layer (SSL) 256-bit encryption technology to ensure that all your personal and transactional information is encrypted before transmission. To check that you are in a secure area of our Website look at the address bar of your browser and you will see https as opposed to http. All this technology and our policies are to safeguard your privacy from unauthorized access/improper use.
8.2 External Websites. If you use links on our Website that lead you to external websites, we will have no control over the way your information will be processed. As other websites may handle your information in a different way, we recommend that you check the privacy policies of each website that you visit.
9. Using the Website
9.1 The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.
9.2 We aim to have the Website available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all descriptions of the Products and Services displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.
9.3 You must not interfere with the working of our Website nor must you circumvent security on the Website, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other Internet connected device or service.
10. Your personal data
10.1 Where we have requested information from you to provide the Products and Services, you agree to provide us with accurate and complete personal data.
11. Complaints about our Service
11.1 We hope that you will not have any complaints about our Services. However, if you do have an issue, please contact us at firstname.lastname@example.org and we will do our best to respond within 24 hours.
12. Intellectual Property Rights
12.1 All copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, Internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website and the Products and Services (including information, content, material or data displayed on it) belong to us or our licensors and all such rights are reserved.
12.2 The collection, arrangement and assembly of all content on the Website are the exclusive property of the Company and is protected by copyright.
12.3 You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website unless expressly invited to do so.
12.4 Company’s logo and trade name are registered with the Registrar of Companies and Official Receiver (D.R.C.O.R.) of the Republic of Cyprus. The brand names and specific services of this Company featured on this Website are trademarked.
13. User-Generated Content
13.1 The Website offers users the opportunity to publish forum posts (hereinafter, collectively referred to as “User-Generated Content”). We want all visitors of the Website to have a friendly, interesting, and safe experience. That is why all users of the Website and any contributions they make to the Website must comply with the following Code of Conduct.
Code of Conduct
You agree not to submit any User-Generated Content or other material that:
• violates the applicable privacy laws;
• contains malware, including, but not limited to, Trojan horses, viruses, worms or other software that can alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment;
• is submitted by using fake email addresses;
• promotes the use of illegal drugs or any other illegal substances;
• constitutes an unfair or deceptive trade practice;
• infringes the intellectual property rights of others;
• promotes the use of alcohol and tobacco;
• is false or misleading;
• is abusive, defamatory, harassing, hateful, libelous, obscene, profane, sexually explicit, threatening, and vulgar;
• is racially, ethnically or otherwise objectionable in any manner;
• constitutes spam or other abusive messaging.
We reserve the right (but not the obligation) to edit, refuse to post, or to remove any User-Generated Content in whole or in part that we deem to be in breach of the Code of Conduct.
We reserve the right (but not the obligation) to edit, refuse to post, or to remove any User-Generated Content in whole or in part that we deem to be in breach of the Code of Conduct.
13.2 You further agree that any User-Generated Content submitted by you does not contain any confidential, proprietary or trade secret information. We shall have no obligation to store, keep copies of or return any User-Generated Content. We further reserve the right, in our sole discretion, to modify, delete or remove any User-Generated Content from the Website that it deems to be in violation of the foregoing requirements.
13.3 You will be solely responsible and liable for, and will indemnify us and our officers, directors, employees and agents from and against any losses, expenses, liabilities, claims, costs, and damages arising from your User-Generated Content.
13.4 By publishing User-Generated Content on the Website, you agree that such User-Generated Content may be made publicly available. By publishing User-Generated Content on the Website, you grant to us unrestricted, royalty-free, perpetual, and irrevocable rights to:
• Archive, cache, crawl, host, index, modify, and store your User-Generated Content to appropriate media formats, standards or mediums as part of the services provided by us;
• Adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of, publicly perform, and publicly display your User-Generated Content on the Website; and
• Use your User Generated Content for advertising, promotional or commercial purposes, including, but not limited to, the right to publicly display, distribute, perform, and reproduce your User-Generated Content in any media format or medium and through any existing or future media channels.
13.5 All User-Generated Content is owned by their respective owners and we are not responsible in any manner for that content.
14. Disclaimer and limits to our liability
14.1 We do not restrict our liability to you for personal injury or death arising as a result of our direct negligence, for fraud committed by us or for any other matter, which it is unlawful to limit or exclude. We disclaim any and all liability to you for the supply of the Products and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount we have received from you in respect of such Products or Services out of which the claim has arisen. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
14.2 Indirect or inconsequential losses. We do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss or damage to goodwill, loss or damage to property and/or loss from claims of third parties arising out of the use of the Website or the Products or Services or as a result of any failure of any Products and Services purchased from us.
14.3 The Website. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website. Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
14.4 Acts of God. We shall not be held liable for any failure or delay in delivering the Products or performing Services where such failure arises as a result of any act or omission, which is outside our reasonable control such as an act of God or those of third parties.
14.5 Security Breaches. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
15. General legal points
15.1 Ability to transfer or subcontract. We may subcontract any part or parts of delivery of the Products or Services that we provide to you from time to time and we may transfer our rights and/or obligations under these Terms without your consent or any requirement to notify you.
15.2 Changes to the Terms. We may alter or vary the Terms at any time. Any variations or updates to these Terms will be published on our Website. You will be deemed to accept the latest version of the Terms when you buy our Products or Services.
15.3 Entire Agreement. These Terms constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of these Terms. In the event of any conflict between these Terms and any other term or provision, these Terms shall prevail.
15.4 Invalidity. If any provision of the Terms shall be deemed invalid, illegal or unenforceable, you and the Company agree that such provision shall be deemed to be deleted and the remainder of the Terms shall continue in force without such term or condition.
15.5 Jurisdiction and Cyprus Law. These Terms and Conditions and the Terms shall be governed by and construed in accordance with the laws of Cyprus. Any disputes arising of these Terms shall be submitted to the exclusive jurisdiction of the courts of Cyprus.
15.6 Delays. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such a waiver is confirmed in writing.
15.7 License. We grant you a personal, revocable, nonexclusive, nontransferable, limited license to use the Website pursuant to these Terms.
15.8 Age restrictions. The Website is not intended to be used by persons under the age of 18.
16. Online Dispute Resolution
16.1 Disputes between consumers and traders regarding goods or services bought online may be resolved out-of-court at a low cost in a simple and fast way on the web-based Online Dispute Resolution platform developed by the European Commission. The Online Dispute Resolution platform is available in 23 official languages of the European Union at https://webgate.ec.europa.eu/odr.
17. Term and termination
17.1 These Terms are in force until terminated.
17.2 We may, at our sole discretion, terminate these Terms at any time by sending you either a message or an email. In addition, your rights under these Terms will be automatically terminated if you do not comply with any provision of these Terms.
17.3 After the termination of these Terms, all legal rights granted to you pursuant to these Terms will terminate. Upon termination, you shall stop using the Website.
18.1 You indemnify and agree to defend the Company, its affiliates and their respective officers, directors, employees and agents, against any claims, liabilities, actions, proceedings, demands, costs, charges and expenses which the Company may incur or suffer as a result of: (1) your access and use of the Website; (2) your failure to comply with these Terms; and (3) your violation of any laws and third party rights.
19. Amendment of these Terms
19.1 We reserve the right to amend or modify these Terms from time to time by sending you a message or an email. In case you continue using the Website after receiving such a message or an email, you agree to the changes stated in the message or email.
20. Contact details and customer support
20.1 Company’s contact details are:
Company: Custom PC Solutions LTD
Tradename: Custom PC Systems (Registered under European Union Intellectual Property Office)
Address: Steliou Kyriakidi 45, Limassol 3080, Cyprus
20.2 Please feel free to submit your support query to us. You can do this by sending an email to email@example.com.
21. Last amendment
21.1 These Terms have been last amended on 16th of June 2018.