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Terms & Conditions

1.         About Us

1.1            Company Details. Cyprus Engineering Stores (Nicosia) Limited (HE 97896), operating under the brand name Spanias Hardware (we and us), is a company registered in Cyprus and our main trading address is at 25, Kalamon street, Strovolos, 2032, Nicosia, Cyprus.

1.2            Contacting us. To contact us telephone our customer service team at 22467467 or email sales@spanias.com. How to give us formal notice of any matter under the Contract is set out in clause 17.2.

2.              Our Contract With You

2.1            Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2            Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.3            Your copy. You should print a copy of these Terms or save them to your computer for future reference.

3.              Placing An Order, Acceptance And Substitute Products

3.1            You may place an order:

(a)      Through our website at https://www.spanias.com

(b)      By email (sales@spanias.com), telephone (22467467) or fax (22467466).

3.2            The following apply when placing an order through our website:

(a)      You will only be able to check out if the total value (inclusive of VAT and any discounts, but not delivery charges) is greater than €30.

(b)      If you do not have an account or are not logged in, an account will automatically be created for you, in which case you will receive an email to choose your password.

(c)      Your order details will be saved under “order history” in your account at the website, where you will be able to review and check your current and previous orders.

3.3            When placing an order via email, fax or telephone, you will need to provide us with the products’ SKU codes and the required quantities. Once we receive your order, we will contact you with confirmation of stock availability and wait for your final confirmation before we proceed to payment and shipping.

3.4            Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

3.5            We may choose not to accept an order. This may be a result of one of the following:

(a)      The Goods are not available from stock.

(b)      We are unable to obtain authorisation for your payment.

(c)      A price or product description error is identified. 

(d)      You do not meet the eligibility to order criteria.

3.6            If we are unable to accept your order or chose not to for any reason, we will inform you of this by telephone or email and, if applicable, we will give you the different options for the purchase of the Goods (for example a new delivery date if the goods are not available, use of alternative payment methods, etc.). If you do not accept any of the different options you can cancel your order in which case, if you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

3.7            You can cancel your order at any point before your order is shipped by contacting us via telephone at 22467467. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.

4.              Privacy Notice

4.1            We will treat all of your personal data as confidential. We will keep it on a secure server and fully comply with all applicable privacy regulations and consumer legislation. If you would like to read more on how we collect, where we collect or how we use your personal information, please see our Privacy Notice here. You can also find information in the [Privacy Notice] on how to stop receiving marketing information.

5.              Our Goods

5.1            Our Goods or the packaging of your Goods may vary from that shown on images on the website.

5.2            The images of the Goods on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.

6.              Delivery, Transfer of Risk and Title

6.1            Delivery will be made to the address specified by you when you place your order. We reserve the right to restrict deliveries in certain areas, and this includes the right to eliminate certain areas from our delivery schedule altogether.

6.2            We will contact you with an estimated delivery date and time, which will be within 2 working days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 (Events outside our control) for our responsibilities when this happens.

6.3            We use multiple courier services for delivery. Our courier partners do not deliver products during weekends. We strive to process orders received by 16:00 on the same day and deliver them to our courier partners on the next working day.

6.4            You may choose delivery a collection point operated by the couriers we use. If you choose delivery to your premises, our courier partners will deliver your order to the main entrance of the delivery address.

6.5            We assume that all goods placed through an order are delivered to an adult aged 18 years or over. Delivery of certain products may be refused in case a valid photo ID is not provided to our courier partner.

6.6            We take special care to endeavour that deliveries are made within a short delivery slot and accordingly, it is your responsibility to ensure that an appropriate person is available at the delivery address at all times during the delivery slot. We may ask that an appropriate person signs for the goods on delivery. For deliveries to collection points operated by the couriers we use, it is your responsibility to promptly collect within the period allowed by each courier.

6.7            Your goods may be delivered by instalments, which will be invoiced and paid for separately. Any delay in delivery or defect in an instalment shall not entitle you to cancel any other instalment.

6.8            We do not assume any responsibility for any failure to deliver the goods owing to our courier partners. We are also not be liable for any failure to deliver that was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

6.9            You own the goods once we have received payment in full, including of all applicable delivery charges.

6.10         Should you fail to take or be present for your delivery we are entitled to charge you in full for an amount equal to the cost of delivery and any other administrative costs applicable.

6.11         If no one is at the address when the delivery is attempted the goods will be retained by the courier partner. The courier partner will leave a notification of attempted delivery and you will need to contact our customer service centre to re-arrange delivery.

6.12         If you fail to take or be present for your delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods.

6.13         Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

7.              No International Delivery

7.1            Unfortunately, we do not deliver to addresses outside the Republic of Cyprus.

7.2            You may place an order for Goods from outside the Republic of Cyprus, but this order must be for delivery to an address in the Republic of Cyprus.

7.3            If you wish to enquire about delivery to a country outside the Republic of Cyprus, please send us an email with your order so we can check if this is possible and inform you of the shipping charge.

8.              Price of Goods and Delivery Charges

8.1            The prices of the Goods will be as quoted on the website at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 8.5 for what happens if we discover an error in the price of Goods you ordered.

8.2            Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

8.3            The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the Republic of Cyprus for the time being.

8.4            The price of the Goods does not include delivery charges. For orders under €100 (inclusive of VAT) a €4 will be applied. For orders above €100 there is no delivery charge.

8.5            We sell a large number of Goods through the website. It is always possible that, despite our best efforts, some of the Goods on the website may be incorrectly priced. We will normally check prices so that if the Goods' correct price is different than the price stated on the website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

9.              How to Pay

9.1            You can only pay for Goods via Paypal or PBT payment links, or you can choose to pay on delivery.

9.2            Payment for the Goods and all applicable delivery charges must be made in advance.

10.           Manufacturer's Guarantee

10.1         Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.

11.           Our Warranty for the Goods

11.1         The Goods are intended for use only in the Republic of Cyprus. We do not warrant that the Goods comply with the laws, regulations or standards outside the Republic of Cyprus.

11.2         We provide a warranty that on delivery, the Goods shall:

(a)      subject to clause 4, conform in all material respects with their description;

(b)      be of satisfactory quality.

11.3         Subject to clause 11.4, if:

(a)      you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 11.2;

(b)      we are given a reasonable opportunity of examining the Goods; and

(c)      if we ask you to do so, you return the Goods to us at your cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods.

11.4         We will not be liable for breach of the warranty set out in clause 11.2 if:

(a)      you make any further use of the Goods after giving notice to us under clause 11.3;

(b)      you alter or repair the Goods without our written consent;

(c)      the defect arises as a result of fair wear and tear, wilful damage, negligence, abnormal use (such as using for professional use goods or tools that are suitable only for consumer use) or storage or working conditions; or

(d)      the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

11.5         We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 11.2 to the extent set out in this clause 11.

11.6         These terms also apply to any repaired or replacement Goods supplied by us to you.

12.           Our Liability

12.1         These Terms apply to the supply of the Goods for use by you or your business. These Terms may also apply to the supply of the Goods for resale purposes, provided that an additional “distribution” agreement between us and you is agreed.

12.2         We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)      any loss of profits, sales, business, or revenue;

(b)      any indirect or consequential loss.

(c)      any damage caused to the goods after they have been delivered.

(d)      any loss to third parties.

12.3         Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

13.           Return and Refund

13.1         Your statutory return rights apply. Some manufacturers may offer extended or voluntary warranty. This does not affect your statutory rights.

13.2         We will not accept returns on products which have been made to order (on request). Examples include paints which have been made to a colour preference or products which have been cut to a specified size

14.           Termination

14.1         Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:

(a)      you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so; or

(b)      you fail to pay any amount due under the Contract on the due date for payment;

14.2         Termination of the Contract shall not affect our rights and remedies that have accrued as at termination.

14.3         Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

15.           Events Outside Our Control

15.1         We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2         If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

(a)      we will contact you as soon as reasonably possible to notify you; and

(b)      our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.3         You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.

16.           Intellectual Property Rights

16.1         All content included in or made available through our website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Spanias Hardware or its content suppliers and is protected by local and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through our website is the exclusive property of Spanias Hardware and is protected by local and international copyright and database right laws.

16.2         You may not extract and/or re-utilise parts of the content of our website without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of our website, without our express written consent. You may also not create and/or publish your own database that features substantial parts of our website (e.g. our prices and product listings) without our express written consent.

16.3         You can view our website content only for your own personal use. You are not allowed to use any part of our website for commercial purposes unless you have our express permission.

17.           Communications Between Us

17.1         When we refer to "in writing" in these terms, this includes email.

17.2         Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.

17.3         A notice or other communication is deemed to have been received:

(a)      if delivered personally, on signature of a delivery receipt;

(b)      if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

(c)      if sent by email, at 9.00 am the next working day after transmission.

17.4         The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

18.           General

18.1       Assignment and Transfer.

(a)      We may assign or transfer our rights and obligations under the Contract to another entity.

(b)      You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

18.2         Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

18.3         Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

18.4         Severance. Each paragraph of these terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5         Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

18.6         Governing law and jurisdiction. This Contract is governed by the laws of the Republic of Cyprus and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the courts of the Republic of Cyprus.

 

These Terms apply to the supply of the Goods for use by you or your business.[A1]  These Terms may also apply to the supply of the Goods for resale purposes, provided that an additional “distribution” agreement between us and you is agreed.


 [A1]This may not be true as the website may be used as B2B in the future which will include resellers.