TERMS AND CONDITIONS

 

GENERAL

 

1.     The M&W online store is the official online store for the sale of products through the internet created by the company under the name of M&W HOLY COW KOSHER MEAT AND POULTRY LTD, located at Zakynthou 4, 6018 Larnaca, Cyprus.

 

2.     The operation of the e-shop is governed by the present special terms and by terms general and conditions of use holycoekosher.com (collectively referred to as “the Terms”). In the event of a conflict between these specific terms and the general terms of use, the more specific terms shall prevail over the general terms.

 

3.     Users are advised to read carefully and comply with the Terms of Use. The use of the e-shop implies unconditional acceptance of the Terms. Therefore, if a user does not agree in part or in whole with the Terms, he/she should not use the e-shop.

 

4.     M&W considers that the users before visiting the online store have taken note of the Terms and Conditions, as they apply each time and have accepted them unconditionally. In any case, prior to the completion of an order, acceptance of the Terms of Use must have taken place, otherwise the order cannot be dispatched.

 

USE OF ONLINE SHOP

 

5.     Any natural person who is capable of legal transactions and has reached the age of 18 may use the e-shop. Every user is presumed to meet the above criteria, both himself and the person authorised by the user to receive the order.

 

6.     Each user undertakes to comply with applicable laws and regulations regarding the purchase of certain categories of age restricted products. In the case of age restricted alcoholic beverages (18 years and over) or other age restricted products, M&W reserves the right to refuse to sell and/or deliver them to persons who are unable to produce an ID card or other official identification document for age verification purposes.

 

7.     In order to use the e-shop, one must have or create a personal web account, based on the Terms. It is clarified that initially even if someone does not have a personal account can browse the online store, but as soon as he starts to select products and create his order, he will be asked to create a personal account.

 

8.     When starting to use the e-shop, the user will be asked to fill in the postal code of the area where the delivery will be made, in order to check if this address is served by a M&W store. In case it is not served, the system will automatically inform the user before creating the order.

 

9.     The stores and service areas are designated by M&W at their sole discretion and therefore some areas may not be served by a store. Each user is solely responsible for the information he/she provides, which must be true and accurate. M&W may cancel the registration of a particular user if they find that the true details have not been declared.

 

 

 

 

PRODUCTS / PRICES

 

10.  M&W makes every effort to ensure the accuracy, completeness and validity of all the information provided, both in terms of the identity of the online store and the products provided by it and their quality.

 

11.  M&W tries through its online store to provide a wide variety of products to the consumer corresponding to the one available in each of its stores. However, the user may not be able to find some products or some product category and this is due either to the company’s commercial policy or to the setup of the online store. Also, there may be a variation in the availability of products depending on the TC and the service/execution point of your online order.

 

12.  The products are presented to the consumer through photographs that the user can zoom in on, accompanied by all the necessary information as required by the legislation on the sale of food. It is clarified that the images are updated regularly, however some information is subject to change because it was current at the time the image was taken and may have changed. M&W guarantees that the products delivered to the consumer will have the usual shelf life in accordance with current legislation, customary practice and commercial practice

 

13.  M&W guarantees that the products available through the online store are safe and suitable for consumption, all hygiene and safety rules have been observed at all stages under the company’s control (production, storage, transport, etc.). M&W has received corresponding guarantees from its suppliers who are also responsible to the final consumers.

 

14.  The prices presented in the online store are the same prices at which the respective products are available through the M&W store network. Any price variations that may occur during different visits to the online store reflect the M&W price policy, which aims at the continuous competitiveness of M&W.

 

15.  The prices quoted are final prices including the corresponding VAT, excluding transport costs (if any). Prices are always quoted in accordance with the relevant market regulations. Within the same day there may be a price differentiation for the same product based on the company’s commercial policy.

 

16.  Refunds for items purchased under an offer, promotion/action or discount period will be based on the price of the offer, promotion or discount, which is the price paid by the user.

 

17.  All offers are valid for a predetermined period of time provided that both the offered item is available and the stock is sufficient. Billing will be based on the prices that were in force and posted in the eshop at the date and time of submission of the order even if there have been fluctuations, as these are the prices that have been communicated to the customer at the time of submission of the order and the customer has accepted by submitting the order. In case of replacement of a product, due to shortage, and with the customer’s consent, the product included in the order will receive the price of the product on the day of execution of the order and not that of the submission.

 

DELIVERY OF PRODUCTS

 

18.  The delivery of the products is made either by M&W to the address that has been declared, or by the user at the store selected by him/her. The delivery of the products to the address indicated is valid for orders whose final estimated value is at least 15€, 

 

19.  The cost of packing the order as per paragraph 18 above, depends on the value of the order. The minimum packaging cost is defined as the symbolic amount of 0,10€, which was formed taking into account the average number of pieces of the minimum allowed order value.

 

20.  The packaging cost of the order in case of modification of the final value of the order, due to shortages or replacements, remains the same, as the calculation is made when the order is submitted systematically and cannot be modified. The final packaging cost of an order is indicated in the user’s shopping basket under “Order details”, before completing an order.

 

ORDERING PROCEDURE

 

21.  Each user selects the products that interest him/her from all the products available through the M&W e-shop. The choice of products in each case is the decision of each user. The sending of any proof of registration of the order does not in any case constitute acceptance of the order, which is in any case subject to availability and stocks.

 

22.  During the selection of products, the estimated total value of each product will be displayed depending on the desired quantity and the total number of selected products.

 

23.  In order for an order to be accepted and executed, the minimum estimated total value of the selected products must be at least 15€. The above minimum estimated total value (15,00 €) is calculated after deducting any discounts in the form of gift vouchers, offers in the context of promotions (promo codes), as well as any other discount, indicatively and not limited to gift cards / vouchers / etc.

 

24.  When selecting products, no minimum size per item is provided, either in terms of weight, quantity or value, but M&W may have set a maximum possible volume per item in certain product categories, which will be communicated to users through the eshop.

 

25.  Given that some products are sold by weight and that the final weight may deviate from the quantity ordered by approximately 10%, the user accepts this deviation as reasonable and in accordance with normal and common practice. Therefore, the final billing price for these products will be based on their final weight at the time of order execution and in accordance with the unit price at the time of order submission.

 

26.  In the event that some of the ordered products are not available on the day of execution of the online order, M&W will inform the customer by telephone, who must decide either to replace them with other corresponding products or the partial execution of the order or the withdrawal of the order as mentioned below. M&W does not assume any liability towards the customer by not acceptance and non-execution in whole or in part of the order. In any case, the user acknowledges and accepts the execution of the order as it is finally formed based on availability. In the event tha communication with the customer is not possible, M&W will proceed to partial execution of the order.

 

27.  Before completing the order, the user will indicate the date and time of delivery of the order based on the options given by the system. The data must be true complete and accurate. M&W shall not be liable for non-delivery of an order in the event that a real address is not declared or in the event that there is no building at the address declared or the person designated as the recipient of the order does not exist at that address.

 

28.  The total estimated amount of the order, including any discounts, packaging costs and transport costs, will be bound with the entry of the order. The User will receive an e-mail with the details of the order and the estimated amount in the e-mail he/she has registered. The User expressly acknowledges and accepts that this estimated amount may not be the final billing amount as the order may include products with variable weight and/or some products may not be available at the time of order execution.

 

29.  The final billing and payment of the products will be made upon completion of the collection process of the products of the order by the competent personnel of the M&W store that has accepted the order, according to the payment methods described in the section PAYMENT OF ORDER below

 

30.  It is clarified that if the final cost of the order is lower than the initial commitment amount then the difference will be automatically released/refunded to the customer’s account. The time of release/ refund of the said amount depends on the bank of each customer. However, in case the final cost of the order exceeds the initial commitment amount (assuming the customer’s consent by telephone) then there is the possibility of additional billing of the customer without any additional transaction with the maximum amount of additional billing not exceeding 15% of the initial order cost. Payment is made online using a credit or debit card.

 

ORDER PAYMENT

 

31.  The payment of the value of the ordered products will be made online with one of the following payment methods or a combination of them:

 

Pay by Online Points or Coupon redemption

 

33.  The user, upon completion of the order, can state the unique number indicated on the M&W coupons or choose to redeem his/her points or part of them. The value of the declared coupons or points will be deducted from both the total estimated cost and the final payment amount. It is expressly clarified that the value of each coupon cannot be greater than the value of the order.

 

Online Payment

 

34.  The user should proceed to the payment of the order, or in case of redemption of points or coupons against part of the total amount of the order, to the payment of the remaining amount of the order, through online payment and for this purpose he/she should fill in his/her credit card details.The online payment service using a card is supported by Viva Wallet.[TM1] 

 

35.  It is clarified that M&W has taken all the necessary technical means to secure the transaction and in no case do they keep any form of card details. However, users should ensure that the environment from which they carry out the transaction is secure and that there is no risk of leakage of their data.

 

36.  In any case, M&W is not responsible in case the network or the user’s computer has fallen victim to malicious activity that may lead to the interception of the card data.

 

37.  In order to secure the transaction, once the user fills in his/her card details, he/she will be directed to a secure environment in which the details are subject to an encryption process before they are sent in order not to be readable by third parties and constitutes a security mechanism for electronic transactions.

 

38.  In case of online payment, the estimated cost of the order plus 5% to cover differences that may arise from variable weight products and product replacements will be initially bound. It should be clarified that the blocking of an amount does not imply charging the card with this amount. In the case of blocking, the User if he/she looks at his/her account activity will notice that there is a difference in the accounting and available amount, as this amount has been blocked but not debited or deducted from his/her account.

 

39.  The release order is sent immediately after the final amount is charged to the card. M&W is not responsible for the final release of the amount and its appearance on the account of the respective customer, as this depends on the applicable procedures of the respective issuing bank.

 

40.  After the submission of the order and the payment thereof, it is possible to modify and/or cancel the order as described in the paragraph MODIFICATION/ CANCELLATION OF ORDER below. In case of cancellation of the order M&W will within 1 working day release the amount. The amount will be available in the user’s account according to the terms and conditions of the bank that issued the card in question.

 

41.  In case of non-receipt by the user of some products, either because they are not in the condition they should be in according to the usual practice or because they are replacement products, a credit note will be issued, and then M&W will proceed within [2] working days to refund the amount through the card that was used to place the order. The time of availability of the amount in the user’s account depends on the bank that issued the card in question.

 

MODIFICATION / CANCELLATION OF ORDER

 

42.  The user may modify or cancel the order by telephone through the e-shop by following the relevant indications. It is clarified that any modification or cancellation of the order can be made up to three (3) working hours before the selected delivery time (working hours are defined as the period from 08.00am to 20.00pm except Friday and Saturdays and Sundays).

 

43.  The user may request the postponement of the delivery time of his/her order to another time within the delivery day by calling the M&W hotline at +357 99 460 967, according to the availability based on the delivery schedule.

 

44.  If the user wishes to change the delivery day, he/she must cancel the original order and submit a new one. The amount paid in relation to such cancelled order will be released and returned to the user’s account.

 

45.  In any case, the user may contact the M&W store from which he/she has chosen to be served for information on the possibility of cancelling or modifying his/her order.

 

46.  Upon receipt of the order, the user must check whether all the products of the order have been delivered, as it may have been configured due to the removal of products or replacements, as mentioned above.

 

47.  If some of the items delivered have not been ordered then the customer must inform the company by telephone within 3 working hours from the time of delivery and request the return of the specific items and a refund. The collection of the products will be done by M&W.

 

RIGHT OF WITHDRAWAL AND PRODUCT RETURNS

 

48.  If you are a consumer and if the exceptions in paragraph 52 do not apply, you have the right to withdraw from the contract without giving a reason and receive compensation.

 

49.  To exercise your right of withdrawal, you must, within 14 days from the date on which you acquired physical possession of the products, clearly inform us of this decision by email to Holycowcy@gmail.com If you wish, you can fill in the following sample withdrawal form and send it to the above email.

 

50.  Model instructions for withdrawal to M&W, ZAKYNTHOU 4, 6018 LARNACA, CYPRUS, Holycowcy@gmail.com

 

I/We (*) hereby declare that I/we (*) withdraw (*) from my/our (*) contract for the sale of the following goods (*)/provision of the following service

 

– Ordered on (*)/received on (*)

 

– Name of consumer(s)

           

– Address of consumer(s)

 

– Date of implementation

 

(*) Delete as appropriate

 

51.  Alternatively, you can exercise your right of withdrawal by calling +357 99 460 967.

 

52.  The right of withdrawal does not apply to the following categories of products:

 

– products that are perishable or expire soon, including but not limited to butchery, bakery, delicatessen, fruit and fishmongery products, products that need to be refrigerated, foods and beverages with short expiry dates

 

– sealed goods which are not suitable for return, for health protection or hygiene reasons, and which have been unsealed after delivery, including, but not limited to, frozen products (including foodstuffs made to order).

 

53.  Regardless of the aforementioned right of withdrawal, the user may claim the return of products either because they are not the ones ordered by him or because the ones added in replacement of others do not meet his requirements, within 24 hours from the date on which he acquired physical possession of the products. A prerequisite – in any case – is that the returned item must be intact and complete packaging. It is clarified that fresh Alion products as well as bread can only be returned on the same day of delivery of the order.

 

54.  For the return of the products the user is obliged to contact the M&W stores at +357 99 460 967, give the details of the order and request the return of the specific products. The collection of the products will be carried out by representatives of M&W and under their responsibility.

 

PERSONAL DATA

 

55.  The collection and processing of personal data of eshop users in accordance with the applicable legislation and based on the Privacy Policy of M&W holycowkosher.com/privacy-policy/.

 

CLICK & COLLECT

 

56.  M&W in the context of optimal customer service created the service “Click & collect. Users of the service can create their order via the online shop and choose to collect their order themselves from the M&W store that serves them.

 

Important information

 

• You should select the store that suits you according to the list of available stores

 

• You must select the pickup time from the store of your choice

 

• The minimum basket value for a Click & Collect order is 15€

 

• You will then need to create your order and choose how to pay for it. It is clarified that the minimum order value limits as defined above must be respected. By using the Click & Collect service you can only pay via the eshop when placing the order, as the Order Payment section above. Billing will be based on the prices that were valid and posted on the eshop at the date and time of the order submission.

 

• In case a product is in shortage, it will either not be delivered or will be replaced by another product of the same category after consultation / communication.

 

• In case you do not arrive in time to pick up your order, it will be available until the end of the store’s operation on that day and then you will not be able to search for it. In the event that you do not arrive to collect your order, the order will be available for one working day. If there is no contact between the 1 working day given a leeway , the order will be cancelled and the money will be released amount.

 

• For what is not specified in particular, the terms and conditions of the online store apply

 

• In case of selection of collect services, the value of the order includes the cost of packaging as mentioned above and does not include transport / delivery costs

 

FINAL TERMS

 

57.  All the content of the eshop, including images, graphics, photographs, drawings, texts, services and products of M&W are the intellectual property of M&Ws and are protected under the applicable provisions of Cypriot law. Any unauthorized copying, distribution, transfer, processing of the contents hereof for any purpose whatsoever, including the direct or indirect misleading of the consumer public and/or insulting the reputation of M&W is prohibited.

 

58.  The names, images, logos and distinctive features representing third party products and/or services are the exclusive trademarks of third parties protected by applicable law. Their appearance on the eshop can in no way be interpreted as a transfer or assignment of a license or right to use them.

 

59.  Under no circumstances should any user provide his/her personal data even if he/she receives an e-mail which appears to come from M&W and which requests his/her data and the password that he/she has chosen and that you have never communicated to M&W. In such cases, it is probably a fraud with the purpose of obtaining your data and your personal data from third parties. If you become a recipient of such a message you should contact M&W immediately. ATTENTION! M&W does not bear any responsibility towards the user in case the user himself declares his personal data to a third natural or legal person through a hyperlink to the website of the third party through the online store. Through the online shop, the user is given the opportunity to forward an order from his/her personal account to a third natural person. In this case, M&W does not obtain knowledge of the data of the third party and the third party has no obligation towards M&W. The message is forwarded to the third natural person on behalf of the user who has chosen to make use of this service from the M&W online shop. Responsibility for the sending of the message and for its content lies solely with the respective user who makes use of the service via his/her personal account. Any use of the service for sending spam messages, spam messages, messages that may directly or indirectly damage the reputation of M&W and that may offend public morals is expressly prohibited. M&W may exercise any of its legal rights in the event of a breach of the above.

 

60.  These terms are governed by the applicable Cypriot legislation.