1. GENERAL
1.1 Marathasa Valley Nuts© is a trademark of Christos Hatzinikolaou & Sons Ltd, (‘MarathasaNuts’) a company incorporated under the Laws of Cyprus with registration number 50008 and registered address at Oikos Marathasas, 2867, Nicosia, Cyprus.
1.2 These general terms and conditions apply to the formation, content and implementation of all agreements concluded with Marathasa Nuts in which Marathasa Nuts as (potential) seller of goods occurs. These conditions apply to all offers and agreements with Marathasa Nuts via its website at domain www.marathasanuts.com. The applicability of other conditions is only allowed subject to reference below. Deviations must be agreed in writing and only apply to the agreement.
1.3 ‘Client’ and or ‘Buyer’ in these conditions means any natural or legal person who wishes to conclude an agreement referred to in paragraph 2 of this article or MarathasaNuts concluded.
2. OFFERS AND PROMOTIONS
2.1 All quotations and / or offers of MarathasaNuts regarding any products sold via the website are entirely optional and subject to amendments or withdrawals based on the discretion of Marathasa Nuts.
2.2 All prices displayed in the domain by Marathasa Nuts are price statements and do not constitute no offer.
2.3 Acceptance of an offer by the buyer, MarathasaNuts reserves the right to revoke the right to offer within 2 working days after receipt of such acceptance or to deviate. Marathasa Nuts will disclose in writing to the buyer the reason.
2.4 Verbal promises MarathasaNuts connect only after an explicit and written acknowledgment.
2.5 Procurement and other conditions of the buyer are expressly rejected by MarathasaNuts, unless they are still accepted explicitly and in writing by Marathasa Nuts.
3. PRICES
3.1 The business products of Marathasa Nuts are supplied at the prices prevailing at the time of ordering.
3.2 All prices are subject to change. The consequences of incorrectly listed prices no liability is accepted.
3.3 MarathasaNuts reserves the right to cancel agreements that have been concluded on the basis of incorrectly listed prices, not to accept.
4. CONCLUSION OF CONTRACT
4.1 Agreements are concluded only after an order feasibility is assessed and accepted by MarathasaNuts.
5. PICTURES AND SPECIFICATIONS
5.1 All images, photographs (technical) data sheets (technical) specifications, dimensions, colors, etc. are only approximate, are not binding and cannot lead to compensation and / or reason for termination of the agreement. The Buyer acknowledges that the image of the end product received may vary in comparison to the product displayed in the website
5.2 All by or on behalf of Marathasa Nuts made designs, images, etc. and remain under paragraph 1 owned MarathasaNuts and may not be copied without express written consent or reproduced in any way, nor are displayed or used in any way to third parties.
6. SHIPPING TERMS AND DELIVERY
6.1 Deliveries take place exclusively within the Republic of Cyprus, unless otherwise agreed.
6.2 Delivery of orders normally up to 15 days, unless otherwise stated or renamed. This delivery is an indication and not a deadline.
6.3 If the agreed delivery time is for any reason exceeded by MarathasaNuts, MarathasaNuts shall notify the purchaser in writing. In that case, the buyer has the right to cancel the agreement with Marathasa Nuts by this known to MarathasaNuts.
6.4 If necessary, within the framework of the previous article, payments already made by the purchaser as soon as possible but in any event within fourteen (14) days after MarathasaNuts receives the request to terminate the agreement referred to in Article 6.4, to the bank or giro account of the buyer refunded.
6.5 by MarathasaNuts specified delivery times will never be regarded as a deadline, unless expressly agreed otherwise.
6.6 Delivery takes place at the place and time that the goods are ready for shipment to the Buyer. MarathasaNuts itself retains ships and bills the right orders in partial deliveries.
6.7 Unless otherwise agreed, MarathasaNuts determine the method of shipment which may be subcontracted to third parties. In case MarathasaNuts choose to rely on third parties for the shipping of goods, the business’s risk falls on the third party to deliver upon receipt of the goods by Marathasa Nuts.
6.8 If delivery is postponed at the request of the buyer or accelerated, then the buyer is obliged to pay the associated costs.
6.9 MarathasaNuts is entitled to charge additional shipping costs for delivery at any given point which may not be clearly visible in the website, such as price amendments of third parties providing the service of delivery.
6.10 Marathasa Nuts are entitled to charge an additional labor charge if the delivery is delayed by circumstances not attributable to him.
6.11 The buyer is obliged to receive the goods and products upon attempt to deliver. Failing this on a regular basis, may impose an expense and risk to the buyer and the buyer may be charged with additional costs for redelivery of price amendments.
6:12 If the delivery to the buyer is delivered for any reason, the buyer shall never be entitled to any damages against Marathas Nuts.
6.13 In case that MarathasaNuts outsources the delivery service, the third parties’ terms and conditions shall apply between the third party and the buyer as of the moment that the goods or products are delivered to the third party.
6.14 The third parties’ terms and conditions applicable can be found at the third parties’ website and in case of conflict between these terms and conditions and those of the third party, the current shall prevail.
7. COOLING / TERM
7.1 After the buyer has his / her product received, the buyer has the no right to return or to cancel the agreement with MarathasaNuts except in cases mentioned in paragraphs 7.2 and 7.3.
7.2 Buyers have the right to return products If the products delivered bear any defective signs either inside or outside the package. However, MarathasaNuts reserves the right to refuse returned products or to credit part of the amount already paid, if the defect was done by the buyer and if the products are partially or wholly consumed.
7.3 If a product is returned that has been damaged in the opinion of Marathas Nuts which is due to an act or omission of the buyer or otherwise at risk of the buyer, MarathasaNuts shall notify the purchaser in writing. Marathasa Nuts entitled to the depreciation of the product as a result of this damage from the buyer to repay the amount.
8. PAYMENTS
8.1 Payment shall, unless otherwise agreed in writing, be in advance and be paid via SIXT PAYMENT before processing of the order and the actual delivery of the goods occurs.
8.2 If Marathas Nuts granted discounts to the buyer, the buyer is entitled to do this discount deductions stretch on price, unless payments are not made on time and open / or invoices.
8.3 In case of Late payment MarathasaNuts is entitled from its part to suspend its performance under this and / or other agreements with the Buyer, or to terminate, without the buyer being entitled to damages or rescission of the contract and without prejudice to MarathasaNuts by any loss of profit and other consequential damages.
8.4 Marathasa Nuts is at all times entitled to demand that the purchaser provide sufficient security for the payment of the performance of Marathasa Nuts performance, and another in a manner to be specified by MarathasaNuts.
8.5 The buyer is not allowed to apply for a set-off.
8.6 handling complaints and / or warranty claims does not entitle to delay payment or partial payment.
9. RETENTION
9.1 The ownership of the delivered goods is expressly reserved by Marathas Nuts until full payment, including reimbursement of all costs t, including previous and subsequent deliveries and services, as well as damage claims for failure to comply has occurred.
9.2 Marathasa Nuts provided pursuant to subsection 9.1 to the purchaser the ownership of the items listed when the buyer has fulfilled all its obligations, but subject to the lien of Marathasa Nuts for other liabilities MarathasaNuts has on the buyer. The buyer will first be requested by Marathasa Nuts to cooperate in actions that are required in that respect, on pain of a penalty for each day that the buyer remains negligent.
9.3 Goods or parts thereof, which are replaced under warranty, or thus remain the property of MarathasaNuts in full satisfaction of all amounts of copper MarathasaNuts can claim, occurred.
10. COMPLAINTS
10.1 Complaints in general and complaints about invoices must be made within eight days of receipt of goods or invoices, or within eight days after any lack of business is or should have been discovered in writing and with a proper description of the complaint MarathasaNuts known to be made. After the expiry of this period MarathasaNuts is deemed to have correctly fulfilled its obligations, and it is assumed that the buyer’s business invoices correctly recognizes.
10.2 Complaints do not give the buyer shall never be entitled to suspend its payments or request remedial compensations for any orders placed.
10.3 If a complaint is justified by Marathas Nuts, MarathasaNuts is entitled at its discretion:
· To review the invoice and to alter the amount invoiced;
· Replace by delivery of products with the same specifications or to repair in which the replaced goods or parts are delivered on behalf of Marathas Nuts;
· Take back and terminate the contract and provide the buyer with a refund.
10.4 Minor produce commercially or technically unavoidable deviations and differences in quality, color, size or finish, no ground for complaint can. Hence, deviations from the quantity agreed to be provided within the regulatory permissible percentages are permitted.
10.5 Any return of goods by the buyer, is at the expense and risk of the buyer. MarathasaNuts may accept returned goods only if and insofar as it agrees in writing in advance of this return, and then only if these matters to be delivered address by specifying MarathasaNuts in the original packaging and in the condition MarathasaNuts delivered these goods to the buyer.
11. GUARANTEES
11.1 MarathasaNuts actions may only be guaranteed if agreed in writing. The third-party business in question provided any factory warranties within the applicable regulations in force in the party.
12. LIMITATION OF LIABILITY
12.1 MarathasaNuts nor third parties that it engages in favor of the creation or execution of any agreement, be liable for any damages arising from and related to the contract, which the buyer or any these may incur third party involved in the execution of the agreement , directly or indirectly, no matter what is the cause thereof.
12.2 Notwithstanding the foregoing MarathasaNuts liability shall never be:
· For non or late delivery;
· For information in brochures, catalogs, advertising material, the like quotes;
· In case of non-attributable failures (force majeure), as referred to in Article 13;
· If the buyer or a third party repairs the goods delivered, alter, and these are used for purposes other than for which it is suitable or intended, the delivered overloaded and otherwise used improperly;
12.3 If Marathas Nuts in any case, despite the above, shall be liable for any damages, accept Marathasa Nuts liability only insofar as this liability is covered by its insurance, to the amount of the payment made by the insurance.
12.4 If the insurance in any case does not have the liability, MarathasaNuts is never liable for more than the invoice amount of the agreement.
12.5 The buyer shall indemnify MarathasaNuts and all third party claims against Marathasa Nuts.
12.6 The exclusions of liability included in these conditions c.q. restrictions do not apply if the damage is caused by intent or gross negligence of Marathasa Nuts or its managerial staff.
13. FORCE MAJEURE
13.1 Marathasa Nuts are not liable if an order cannot be fulfilled due to force majeure.
13.2 Force majeure means any strange reason, and any circumstance, which ought not to come for her in all fairness. Delay or failure by our suppliers, transport problems, strikes, government measures, refusal of import, fire, frost, storm, flood, riot, terrorism, acts of war, mobilization, war, martial law, delays in supply, omissions of suppliers and / or manufacturers of MarathasaNuts as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
13.3 Marathasa Nuts in cases of force majeure the right to suspend its obligations. MarathasaNuts is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event shall Marathasa Nuts be obliged to pay any penalty or damages. MarathasaNuts reserves the right to payment of the already made deliveries and the costs incurred.
13.4 MarathasaNuts have power to suspend, if performance is permanently impossible or the temporary inability continues for more than six months. In these cases the contract can be terminated by either party, without, however, the buyer is entitled to compensation for any damage.
14. TERMINATION
14.1 If the buyer does not, not timely or not properly fulfill its obligations to Marathasa Nuts and if his bankruptcy is / is claimed he is declared bankrupt, he applies for a moratorium, or to its creditors or some of them offers an arrangement or agreement, in addition to confiscation of its assets or a part thereof, or he goes to sell or liquidate its business, as well as in case of death, receivership or if he otherwise managing or leadership his company, business or a part thereof, the buyer is legally in default and any claim that MarathasaNuts has or acquires a dependent, immediately due and payable without any notice is required.
14.2 In the cases referred to under 1, MarathasaNuts has the right, without notice, for its part to suspend or terminate some or all of the further implementation of the agreement.
14.3 Marathasa Nuts is authorized at all times to claim damages from the buyer and take back the goods delivered.
14.4 If the buyer wishes to terminate the agreement, he will always first notify Marathasa Nuts via a written notice of default, and allow a reasonable time to recover yet to meet its obligations or shortcomings, which shortcomings buyer should spell out in writing.
14.5 The buyer has no right to dissolve the agreement in whole or in part or to suspend his obligations, if he was already in default with the fulfillment of its obligations.
14.6 In case of partial termination, the purchaser can not claim to undo work already performed by Marathasa Nuts, and MarathasaNuts full right to payment already made by its performance.
15. FOOD ALLERGY WARNING
15.1 The buyer acknowledges and understands that due to the nature of operations by Marathasa Nuts some and/or all of its products may contain nuts or may have been in conduct with products that contain nuts. In this respect, buyers wishing to purchase products or goods from Marathasa Nuts shall acknowledge and bear the risk of products containing and/or being in conduct with foods and/or nuts that may cause severe allergic reactions.
15.2 Marathasa Nuts does not wish to conclude any business and/or provide any of its services to buyers with nut allergies regardless if the product purchased does not by definition include any nut ingredients.
15.3 Marathasa Nuts strongly urges clients with nut allergies to cancel any orders placed and/or not place orders. Based on this, MarathasaNuts does not bear any responsibility for any allergy that might be caused due to conduct with non-nut products, the consumption of products and/or the conduct with packages purchased from MarathasaNuts.
16. SEVERABILITY
16.1 In case a provision of these Terms should be invalid or unenforceable or in case that this contract has a gap, the other provisions of these Terms remain unaffected. The parties are obliged to agree to the replacement of the invalid or unenforceable provision with a valid and enforceable provision or to an amendment of these Terms for the missing provision. If and insofar there is a gap in the provisions of these Terms, Marathasa Nuts and the Buyer agree to a valid and enforceable provision which comes closest to what they have agreed to, if they had known about the gap from the beginning.
17. APPLICABLE AND GOVERNING LAW AND APPLICABLE REGULATIONS
17.1 If a settlement is not reached between the parties, all disputes and controversies arising out of or in connection with the Terms shall be finally settled in court in Cyprus.
17.2 This Agreement is governed by the Laws of Cyprus.
17.3 All orders by the Buyer shall be subject to Applicable Regulations and any other public authorities which govern the operations of Marathasa Nuts, as they are amended or modified from time to time. Marathasa Nuts shall be entitled to take or omit to take any measures which it considers desirable in view of compliance with the Applicable Regulations in force at the time. Any such measures as may be taken and the Applicable Regulations in force shall be binding on the Buyer.