TERMS AND CONDITIONS

This website is operated by MSV MASHMALLOW SERVICES LIMITED (referred to as “MyBasker247/we/our/us”). As user or customer of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below (which includes any other important hyper-linked sections e.g. Returns and refunds, and Privacy policy, Cookie policy (collectively the “Terms”). Before accessing and placing any orders on http://www.mybasket.com (the “Website”) or our application (the “App”) please read through these Terms carefully.

 

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Mybasket247 is a company registered in the Republic of Cyprus under registration number HE xxxxxx. Our registered address is WE WILL NEED TO INLCUDE OUR ADDRESS HERE. Our VAT registration number is VAT NUMBER. This Website is intended for customers aged 18+. It is not directed at children. Subject to the Terms, you are authorised to view and download our Website or App for your personal use only. If you are not a consumer, you confirm that you have authority to bind any business/legal entity on whose behalf you use this Website or App. My basket247 may change, suspend or discontinue the Website or the App at any time, including the availability of any feature, database or content. Mybasket247 may also impose limits on certain features and services or restrict your access to parts or all of the Website or App without notice or liability. If you access the Website or the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately stop using the Website or the App. We may modify the Terms from time to time. Please therefore read the Terms and check back often. Any changes made after you have placed an order on the Website or the App will not affect that order unless we are required to make the change by law. If you have any questions about the Website or the App, please contact customer services at [email protected]

 

1. About us

Mybasket247.com aspires to be the most advanced online shopping experience in Cyprus, a platform where consumers can find what they want, at the best market price from convenience of their surroundings.

An online multipurpose that will change the online shopping experience for consumers, shop owners, as well as start-ups, that want to expand and develop their business. 

Mybasket247.com platform is built on high standard and good e-commerce practices, very user friendly, and a deep knowledge of the Cypriot market and its attributes.

Our goal is to transform the Cypriot economy to the digital age, to increase the economic activity of both businesses and consumers and to make the shopping experience more convenient and fun.

 

2. Registration and account terms and conditions

2.1 Prior to placing an order through the Website or the App you will need to register for an account with Mybasket247. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. You must also ensure that all such information as required is up to date. Should any of your registration information change, please notify us immediately at the following e-mail [email protected]. We may also change registration requirements from time to time.

2.2 During the registration process, the account password you create should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account. Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our customer care team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

2.3 If you provide any false, inaccurate or incomplete information or if we consider that there are well founded reasons to doubt the truthfulness or accuracy of such information, we have the right to deny your use to the Website or App or any of our services.

2.4 You have the right to deregister your account by sending an e-mail to [email protected].

 

3. Eligibility to purchase

3.1 In order to make purchases on the Website or the App you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

3.2 The Website and the App are available only to individuals and others who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to Mybasket247, whose applications are acceptable to Mybasket247 and who have authorized Mybasket247 to process a charge or charges on their credit/debit/prepaid card in the amount of the total purchase price for the products which they purchase. Products purchased by a buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, Mybasket247 reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

3.3 You agree that we may use personal information provided by you in order to conduct appropriate anti- fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

 

4. Use of Website and App

4.1 You must not use our Website or App: a) to access information which you have no legitimate reason for accessing; b) in a way which may interfere with the provision of our Website or App to you or any other customer, including, without limitation, attempting to place orders in contravention of these Terms or applicable law;

4.2 If we reasonably believe you have misused our Website or App, we may suspend or cancel your access to it and/or cancel any orders you have placed.

 

  5. Order process

1. Select the goods you require from the Website or the App and click ‘Add to cart’
2. Choose the quantity of the products you wish to purchase (the default will be one (1) unit).
3. Review your cart and make sure all specifications relating to the chosen products fit your requirements, then click “Checkout.”
4. You will be directed to the order confirmation and delivery options page where you may select the type of delivery which includes (i) collection from a courier pick up Point, (ii) Home Delivery by courier or (iii) collection form the merchant/retail physical store.
5. In the event you chose to pay for the product through the Website or the App, you will be redirected to the webpage off our partner’s Payment Systems . The invoice regarding the payment of the purchased product shall be issued by the merchant/retail store but your payment will be collected by Mybasket247 on behalf of the merchant/retail store as per the commercial agreement we have with the merchant/retail store.
6. By placing an order through the Website or the App, you warrant that you are legally capable of entering into binding contracts.
7. After placing your order you will receive an automated order acknowledgement either by us or the merchant/retail store itself. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us and/or the merchant/retail store. You will receive an email confirming that Mybasket247 and/or the merchant/retail store has accepted your order when your order has been processed and is ready for delivery. You will not be charged before your order has been processed and is ready for delivery and/or collection (depending on the method of delivery and mode of payment you choose). If you choose to pay via debit/credit/prepaid card, this will show on your bank statement as a reservation of funds which allocates the money to your order but this will not be realized until your order has been processed by the merchant/retail store. In the event of the merchant/retail store not being able to fulfil your order, we will immediately request that your bank cancels the authorization. If the authorization still remains after several days, please contact your bank to request that they act upon our cancellation of the payment.
8. Title to any products you order on the Website or the App shall pass to you on delivery of the products provided that you have placed your order in accordance with these Terms, your order has been processed, and provided we or the merchant/retail store have received payment in full for the products. If you choose to collect your order from a courier collection point or from the merchant/retail physical store, the title to the products shall pass to you once the products, ordered in accordance with these Terms, have been handed over to you at the courier collection point/physical store accordingly.
9. You may place orders to purchase products from multiple merchants/retail stores with a single check out and single payment. In the event you opt for home delivery, such orders may be subject to separate courier/delivery charge(s) and your order may be delivered to you separately.

 

6. Pricing

6.1 Prices shown on the Website and the App are in Euros and are inclusive of VAT at the applicable rate. All prices remain valid as advertised from time to time. The price of a product displayed on the Website or the App at the time the order is accepted will be honored.

6.2 If you choose to pay for the products by way of credit/debit/prepaid card and your credit/debit/prepaid card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

6.3 Home delivery costs may be additional to the displayed price and may vary depending on the quantity/weight of products ordered. If any order is subject to extra delivery charges, you will be advised of the additional cost before delivery of your order begins.

 

7. Cancellation of orders and returns

7.1 After placing an order through the Website or the App, you may cancel the order at anytime provided that the order status is ‘not yet shipped’ by hitting the “cancel order” button which can be found in your account section.

7.2 Right of unjustified withdrawal by the Customer

(i) You have the right to return your order or part of your order (if several products were purchased) within 14 days without giving any reason. The cancellation period ends 14 days after the day on which the products are delivered to you or from the day you collect your items from the merchant/retail store. If your order consists of multiple products which are delivered/collected on different days, then the cancellation period (in respect of your whole order) ends on the 14th day on which the last of the products are delivered/collected by you. You must return the products either in person or through a courier to the merchant/retail store. Any returns are at your own risk and cost. The returns request form can be found in your account section.

It should be noted that some merchant/retails stores provide a longer period for returns. In such cases the return policy of the merchant/retail store is clearly stated in the invoice that the merchant/retail store will provide with the delivery of the products.

Exceptions from withdrawal – Withdrawal is not valid on:

Service contracts after the complete service provisioning, if its execution started with the prior explicit consent of the customer and with his acknowledgment of losing the right to withdrawal once the contract has been fully executed by the supplier.

Products that are not suitable for return for reasons of health or hygiene and which have been unsealed after delivery.

Contracts where the consumer has especially requested a visit from the supplier for the purpose of making urgent repairs or performing maintenance work. If, in the event of such visit, the supplier provides services in addition to those specifically requested by the consumer or goods in excess of spare parts necessarily used in the course of maintenance or repairs, the right of withdrawal applies to such additional services or goods.

Sale of sealed sound recordings or sealed video recordings or sealed computer software that have been unsealed after delivery.

7.4 Product Returns due to delivery error

(i) If you have received an incorrect product, the incorrect product will be exchanged for the same product you ordered subject to availability and provided the incorrect order is returned to the merchant/retail store within 14 days of you receiving the incorrect product.

(ii) Personalised products are non-returnable (unless they are defective).

(iii) The product needs to be in the original packaging where it forms part of the goods, (for example, boxed items) and must be undamaged upon return. You have a legal obligation to take reasonable care of the product while it is in your possession. If you fail to comply with this obligation, we or the merchant/retail store may have a right of action against you for compensation. This applies to all items that are returned.

(iv) If you have received an incorrect product and the product you have ordered is not available, you will receive a refund for the product. Mybasket247 or the merchant/retail store accordingly will refund you using the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise). You will be refunded no later than 14 days after the day the incorrect products are returned by you. If you choose to return the incorrect product to the merchant/retail store through a courier, the merchant/retail store shall subject to its return policies refund the courier charge but only up to the cost of the standard delivery charge.

7.5 Returns of defective products

(i) In the unlikely event that you receive a defective product, you will be entitled to one of the following remedies:

(a) Within 30 days of receiving the defective product, you can choose to receive either:

a repair or replacement by the merchant/retail store; or

a full refund. Mybasket247 or the merchant/retail store accordingly will refund you using the same payment method originally used by you to make the payment (unless you have expressly agreed otherwise) within fourteen (14) days after you receive an e-mail that you are entitled to a refund for a defective product.

If you choose to return the defective product to the merchant/retail store through a courier, the merchant/retail store shall subject to its return policies refund the courier charge but only up to the cost of the standard delivery charge.

(b) If more than 30 days have passed after you received the product, you can claim a repair or a replacement of the defective item (but not a refund).

(ii) Defective products may need to be inspected by a qualified technician at an authorized service center. It may therefore take more than 14 days for a repair/replacement or refund to take place.

(iii) Following the examination of the returned product you will be notified of your refund or repair or replacement via email within a reasonable time period.

(iv) If you have a query about returning goods, please contact customer services at [email protected]

 

8. Product feedback and ratings

8.1 You will be able to provide feedback on a product displayed on the Website or the App by using text, ratings and/or photography.

8.2 Any feedback you submit on the Website or the App is considered not to be confidential. By submitting text and/or a photo on the Website or the App, you grant to Mybasket247 a non-exclusive and permanent license, in order to reproduce, modify and publish the text and/or photo submitted on the Website or the App.

8.3 The text of the evaluations for each product may mention your experience with a product and any remarks or evaluation about the product. The content of the feedback will be your intellectual property and must not infringe the personal information of third parties, or any other rights of third parties.

8.4 By submitting text and/or a photo, you consent to technical processing and formatting of the photo in question and to any other modification of the text/photo by us prior to it being published to ensure that the photo and/or the text do not:

1. Directly or indirectly direct users to an online store (whether it has a commercial agreement with Mybasket247 or not).
2. Disclosure information and/or details relating to the promotion or commercial advertising of any third party, other than the lawful relevant promotional activities organized and supervised by Mybasket247 Website or App.

iii. Include indecent or ironic expressions and descriptions.

1. Deceive or defraud the merchant/retail store.
2. Include any text which is unrelated to the assessment of the product.

8.5 Your feedback shall be published on the Website or the App provided it is accompanied by a valid document or order number in order to be confirmed at any time with the merchant/retail store. Reviews that do not describe the reason for the evaluation or are limited to the characterization of the merchant/retail store or describe the order/purchase experience in a simplistic manner, will be automatically deleted from the Website and the App. Deleted feedback shall be reworded by their authors upon the request of Mybasket247.

8.6 Mybasket247 reserves the right, in accordance to the Privacy Policy, to request from you further information in order to publish the evaluation (indicatively, a photocopy of the document, order email, etc.). In case you do not make such documentation available within a reasonable period of time from the date requested, the rating will be considered invalid and will be deleted from the Website and the App.

8.7 All negative ratings are communicated to the merchant/retail store to which they relate. The managers/authorized representative of the merchant/retail store shall have the right within ten (10) days to state their position regarding the negative rating, so that other customers/users and visitors of the Website or the App can be informed/made aware of the opinion of both parties. In all user ratings as well as in the answers of the merchant/retail store, it prohibited to refer to the name(s) and surname(s) of users or employees of companies or use language which may constitute rude characterizations. Furthermore, the comments must not be insulting, unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trademarks, patents and copyrighted content, contains personal data, improperly use the medium for promoting and advertising businesses. The Website and the App is available to the public therefore information you consider confidential should not be posted to this site. In the event that such phenomena are observed, Mybasket247 reserves the right, in its sole discretion, to delete any evaluation and answer(s)/opinion. Evaluations and responses should follow the informal terms of good behavior on the Internet.

8.8 You shall have the right to evaluate a merchant/retail store only once (1) per transaction/document number. Only the author posting the evaluation shall have the right to delete an evaluation without a specific reason and as long as it does not violate the terms of this Section 8.

8.9 The personal opinions of the merchants/retail stores whose products are advertised or marketed on the Website or App, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Mybasket247 and we accept no responsibility for any such views expressed in any media.

 

9. No commercial use

The Website and the App are for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any content, software, products, or services contained within the Website or the App.

 

10. Third party

We may include hyperlinks on the Website or the App to other websites or applications or resources operated by parties other than Mybasket247, including advertisers. Mybasket247 may not review all of the sites linked to its Website or App and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites, applications or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

 

11. Limitation of our liability

11.1 You are aware and accept that the descriptions of any product and, where applicable, the prices or photographs of a product contained on the Website and the App are provided and controlled by the merchant/retail store. We are therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs, nor do we assume any responsibility for the quality of and/or merchantability of any of the products displayed on the Website or the App. Such responsibility lies solely with the merchants/retail stores.

11.2 We do not control (and are under no obligation to control) how you use the Website or the App. We therefore do not guarantee that you use the Website or App in accordance with these Terms in a diligent and/or prudent manner. We do not check (and are under no obligation to check) the identity of any customer or the truthfulness, current validity, completeness and/or authenticity of the data supplied.

11.3 We reject any liability for damages of any kind that may arise from your illegal use of the Website or the App or due to the information supplied by you to other users/customers about themselves being untrue, invalid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to a customer impersonating a third party in any kind of communication made through the Website or the App. We further accept no responsibility for the use of the Website or App or for any orders that may be made by a third party from your account.

11.4 We will further not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:

(a) loss of income or revenue;

(b) loss of business;

(c) loss of profits;

(d) loss of anticipated savings; or

(e) loss of data

11.5 Nothing in these Terms is intended to exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) any other matter for which it would be illegal for us to exclude or attempt to exclude its liability.

11.6 Whilst we adopt industry standard protections against computer viruses, we are not able to warrant that the Website or the App are free from computer viruses or any other malicious or impairing computer program.

 

11.7 We shall not be liable for any service interruptions, connection errors, unavailability or malfunctions in the internet access service or any other matter beyond our control. Notwithstanding the foregoing, we shall, take reasonable steps to correct such errors as soon as we become aware of any errors which may be out of date.

11.8 We shall not be held responsible for any security errors that may arise or any damage that may be caused to your computer system/telephone/tablet (hardware and software), or to the files or documents stored therein, as a result of:

1. The presence of a virus in your electronic device(s) used to connect the content and services of the Website or App.
2. Browser error.
3. The use of outdated versions of an electronic device or a Browser

 

12. Intellectual property rights

12.1 Your use of the Website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to any content of the Website or the App, including Mybasket247 software and all HTML and other code contained on the Website and the App. All such content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Website and the App are protected by national intellectual property and other European/International treaty provisions. The contents of this website may not be copied, reproduced, modified, downloaded or used in any form without our prior written permission.

12.2 Unless otherwise specified, the intellectual property rights in the contents of all the pages of the Website, are owned or licensed to Mybasket247, or are used with permission from the owner.

 

13. Your activity

You agree that you will be personally responsible for your use of the Website and the App and for all of your communication and activity on and pursuant to the Website and the App. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms, we at our sole discretion may deny you access to the Website on a temporary or permanent basis.

 

14. Compensation

At our request, you agree to fully compensate us, defend us, and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms by you, including the use by any other persons accessing the Website or the App using your account caused by your action or inaction.

 

15. Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Mybasket247 as a result of the Terms or by you using the Website or the App.

 

16. No waiver

In the event you breach the Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms.

 

17. Severability

If any clause of these Terms is found to be void by operation of law or voidable, it shall be deemed not to have been included. Such declaration of nullity will not cause the rest of the Terms to be void, and the said Terms shall remain valid, effective and binding upon you.

 

18. Governing law and jurisdiction

These terms and conditions shall be subject to the laws of the Republic of Cyprus. The Courts of the Republic of Cyprus shall have exclusive jurisdiction over all claims or disputes (whether contractual or non-contractual) arising in relation to, out of or in connection with these Terms including orders for products.