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Terms and conditions

ALPHAMEGA E-COMMERCE WEBSITE TERMS AND CONDITIONS 
 
1. THESE TERMS
   1.1 These are the terms and conditions on which we supply goods to you when you are purchasing goods through our website https://www.alphamega.com.cy/.
   1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
   1.3 You may have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
        (a) You are an individual.
        (b) You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
 
2. ABOUT US
   2.1 Company Details. C.A. Papaellinas Emporiki Limited (HE 27397), operating under the brand name Alphamega (we and us), is a company registered in Cyprus and our main trading address is at 10 Diomedous street, 1st floor, Akropoli, 2024, Cyprus. 
   2.2 Contacting us. To contact us telephone our customer service team at 80080022 or email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 23.2.
   2.3 If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
 
3. OUR CONTRACT WITH YOU
   3.1 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.
   3.2 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 and to the extent permitted by law that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
   3.3 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
 
4. REGISTRATION 
   4.1 You must be 18 years old or over and must have completed the registration process in order to participate in our service and be able to place an order. 
   4.2 You must ensure that the details provided by you on registration or at any time are correct and complete. Please inform us of any changes to your information by updating your personal details to ensure that our records are correct.
   4.3 When you register for an account to shop on the Site, an Alphamega Family account will be automatically created for you, unless you already have one. By registering for an account, you agree to be bound by the Alphamega Family Terms and Conditions.
   4.4 You can link your Alphamega Family account and automatically collect loyalty points as you shop.
   4.5 We reserve the right to decline a new registration or to suspend or disable your account at any time and at our sole discretion.
 
5. PLACING AN ORDER, ACCEPTANCE AND SUBSTITUTE PRODUCTS
   5.1 Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
   5.2 Minimum order requirement. In addition to any delivery costs, there is a minimum order requirement of €40 (including delivery charges) for every order placed. The €40 minimum spend may not apply during certain times of the year. You will be updated that this is the case during your online shopping experience.
   5.3 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
   5.4 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.5.
   5.5 Accepting your order. Please note that the order confirmation does not constitute our acceptance of the order. We will confirm our acceptance to you by sending you an email that confirms that the Goods have been prepared for dispatch and send you an SMS when the driver is on the way confirming the dispatch (Dispatch Confirmation). The Contract between you and us will only be formed when we send you the Dispatch Confirmation.
   5.6 Non-acceptance of an order may be a result of one of the following:
        (a) The Goods are out of stock or there are not enough in stock to fulfil the order.
        (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.
   5.7 If we cannot accept your order. If we are unable to accept your order because we cannot supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
   5.8 Products are subject to availability and prevailing market conditions. We may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers. 
   5.9 We may substitute suitable products. Products are subject to availability and prevailing market conditions. Where an item is unavailable and you have indicated that you will accept substitutions, an alternative will be supplied that may affect the price that you pay. You may reject any substitute item and we will refund the amount you have been charged for that substitute. Upon delivery or collection, you will be made aware of unavailable items and their substitutes. You have the right to reject any substitutes offered and we will refund the amount that you have been charged for that product. Any refunds for unwanted substitutions or returned items will be made after the products have been returned. Where you intend to reject substitute goods please advise your driver in advance if you do not wish to accept any or all substitutes. They will remove any unwanted items from delivery bags before handing over other shopping. 
   5.10 Plastic bags. The government has introduced a charge for plastic bags, which means that by law we have to charge you. We will automatically charge you 6 cents for each plastic bag used for your delivery.
 
6. PRIVACY NOTICE
   6.1 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. 
 
7. OUR GOODS
   7.1 The packaging of your Goods may vary from that shown on images on our site.
   7.2 The images of the Goods on our site 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 Goods may vary slightly from those images.
   7.3 Where items are ordered and sold individually by weight (such as fresh meat, poultry, fish, cheese or fruit and vegetables), the price of these items will be the price on the date that they are weighted by our supplier. If we show a target weight, this is indicative only. If we show a range of weight you will receive goods weighing somewhere in between the maximum and minimum weight ranges shown on the website. The price you will be charged for such items is the price for the actual weight you receive.
   7.4 Although we take all reasonable care to ensure that recipe and additional nutritional information appearing on the Website are correct at the time when the information was inputted onto the system, the information appearing on this Website at any time may not reflect the exact position at the moment you place an order. Customers are advised to check product packaging for nutritional information and allergen warnings before consumption, as product information is subject to change after publication of the recipe. 
   7.5 You should always read the product label to ensure you are following the most up-to-date information. This is especially important if you have an allergy or intolerance. Allergen information can be found highlighted in the ingredients list on the back of pack.
   7.6 You should always consult the product leaflet and follow the instructions for Medicinal items, sold over the counter, such as Rennie and Aspro Clear. We bear no liability for misuse of these items.
 
8. DELIVERY, TRANSFER OF RISK AND TITLE
   8.1 The costs of delivery will be as displayed to you on our website.
   8.2 Delivery days and times will be as specified on the delivery booking page on the website and 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.
   8.3 We will contact you with an estimated delivery date and time, which will be within 14 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 22 (Events outside our control) for our responsibilities when this happens.
   8.4 We will deliver your order to the main entrance of the delivery address.
   8.5 All goods must be signed for on delivery by an adult aged 18 years or over. If the person receiving the goods looks under 25, proof of age will be requested. If proof is not available and there is no adult over 18 years at the address when delivery is being made, the goods will be retained by the driver.
   8.6 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. 
   8.7 If no one is at the address when the delivery is attempted, we will call you on the phone number you have provided as your contact detail. If you fail to provide an adult to pick-up the goods within a reasonable amount of time and in any event no later than fifteen (15) minutes from the time of the attempted delivery, our Contract will be considered as terminated by you, and in such case the Goods will be retained by us and you will be charged in full for an amount equal to the costs of delivery, the costs of all perishable items and any other administrative costs applicable. We will refund the balance.
   8.8 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.
   8.9 You own the Goods once we have received payment in full, including of all applicable delivery charges.
   8.10 If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver 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.
   8.11 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 price of perishable items contained in your order, the cost of delivery and any other administrative costs applicable.
 
9. NO INTERNATIONAL DELIVERY
   9.1 Unfortunately, we do not deliver to addresses outside the Republic of Cyprus.
   9.2 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.
 
10. PRICE OF GOODS AND DELIVERY CHARGES
   10.1 The prices of the Goods will be as quoted on our site 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 10.5 for what happens if we discover an error in the price of Goods you ordered.
   10.2 Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
   10.3 The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the Republic of Cyprus for the time being. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
   10.4 The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
   10.5 We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
        (a) where the Goods' correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and
        (b) if the Goods' correct price is higher than the price stated on our site, 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.
 
11. HOW TO PAY
   11.1 You can only pay for Goods using a debit card or credit card. We accept the following cards:
(a) Visa, Visa Electron, Mastercard, Maestro, American Express.
   11.2 We also accept payment by:
        (a) e-commerce vouchers, and
        (b) points redemption from your Alphamega Family account. In case of points redemption, a discount on your cart will be applied and points equivalent to the discount amount will be removed from your Alphamega Family account (for the sake of example every 100-point redemption equals to €1 discount). You will be allowed to redeem up to 90% of your total order cost, including delivery cost, with a minimum redemption of 1000 points.
   11.3 You cannot pay for your order by cash or cheque.
   11.4 Payment for the Goods and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we are ready to dispatch your Goods. 
   11.5 In order to help us validate your payment card, a pre-authorisation amount up to €5 may be reserved from your card automatically when you check out. Upon payment of the Goods, the pre-authorisation amount will be cancelled or applied towards the payment of the Goods.
   11.6 In the event that the payment card has expired we will be unable to take payment and fulfil your order and will bear no liability for such failure. For this reason, please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. 
 
12. MANUFACTURER'S GUARANTEE
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.
 
13. RETURNS POLICY
We want you to be happy with all your purchases from Alphamega. Should you change your mind about your purchase, our change of mind refund policy applies.  
 
14. OUR LIABILITY
   14.1 If you are a consumer, we supply the Goods to you for domestic and private use, and you agree not to use the Goods for any resale purposes.
   14.2 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.
   14.3 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.
 
15. CANCELLATION OF ORDERS 
   15.1 In addition to your legal rights, you may cancel the Contract as per the provisions of this clause. 
   15.2 To cancel the Contract, you must contact us at 24021230 or 24021260 either at least 48 hours before the selected delivery date & time (if applicable) or before we send the final invoice e-mail, whichever comes earlier. We will email you to confirm we have received your cancellation. 
 
16. TERMINATION
   16.1 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;
        (c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods;
        (d) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
   16.2 If we terminate the Contract in the situations set out in Clause 16.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you an amount equal to the price of perishable items contained in your order, the cost of delivery, and any other administrative costs applicable. 
   16.3 Termination of the Contract shall not affect our rights and remedies that have accrued as at termination.
   16.4 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.
 
17. YOUR RIGHT TO END THE CONTRACT
   17.1 Your rights when you end the contract will depend on the Goods you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
        (a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back); 
        (b) If you are a consumer and have just changed your mind about the Goods, see clause 17.2. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Goods; 
   17.2 If you are a consumer then for most Goods bought online you have a legal right to change your mind within 14 days and receive a refund. Your right to change your mind does not apply in respect of:
        (a) the supply of Goods which are liable to deteriorate or expire rapidly, including but not limited to Butchery, Bakery, Delicatessen, Fruit Market and Fish market products, products which need to be kept refrigerated, food and beverages with short expiry time limits;
        (b) the supply of sealed Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery including but not limited to Chilled and Frozen Products (including Food Made to Order), Earrings or Hair Accessories, Baby Food and milk , Underwear and swimwear, cosmetic products, toothbrushes, shavers and personal hygiene items;
        (c) the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items;
        (d) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
        (e) the supply of Goods for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
        (f) the supply of Goods made to the consumer’s specifications or clearly personalised;
        (g) the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
 
18. TIME AND WAY TO END THE CONTRACT 
   18.1 If you are a consumer and you have bought Goods, you may end the contract within 14 days from the day you (or someone you nominate) receives the Goods. 
   18.2 To end the contract with us, please let us know by doing the following:
        (a) Print off this Form, complete it, sign it, and scan it. Send us the completed and signed form via email at [email protected] together with pictures of the Goods for which you wish to end the contract in order to confirm that your right to end the contract applies.
        (b) Simply email us at the above email address stating that you wish to end the contract and provide your name, home address, details of the order (including your order number), pictures of the Goods for which you wish to end the contract in order to confirm that your right to end the contract applies, and, where available, your phone number. 
 
19. RETURN OF THE GOODS AND COST
   19.1 If you end the contract for any reason after Goods have been dispatched to you or you have received them, you must return them to us. You must either return the Goods in person at any Alphamega Hypermarket or allow us to collect them from you. If you are a consumer exercising your right to change your mind you must return the Goods within 14 days of telling us you wish to end the contract.
   19.2 We will pay the costs of return if the Goods are faulty or misdescribed. 
   19.3 In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
   19.4 If you are responsible for the costs of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection. We charge €4.95 for collection. 
 
20. REFUND WHEN ENDING THE CONTRACT
   20.1 If you are entitled to a refund under these terms we will refund you the price you paid for the Goods including delivery costs, if applicable, by the method you used for payment. In case we need further information to refund you, you must provide such information. However, we may make deductions from the price, as described below.
   20.2 If you are exercising your right to change your mind:
        (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your handling them in a way which would not be permitted. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. 
        (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
        (c) If we have delivered the Goods and you are ending the contract for some of the Goods, we may not refund you the delivery cost or any part of the delivery cost.  
   20.3 We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
        (a) If the products are Goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return a product to us, see clause 19.1.
        (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
 
21. DEFECTIVE GOODS
   21.1 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.
   21.2 If you are a consumer, we are under a legal duty to supply Goods that are in conformity with this contract. You have legal guarantee rights for a period of two years from the delivery of the Goods. 
 
22. EVENTS OUTSIDE OUR CONTROL
   22.1 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).
   22.2 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.
   22.3 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.
 
23. COMMUNICATIONS BETWEEN US
   23.1 When we refer to "in writing" in these terms, this includes email.
   23.2 Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by post or other next working day delivery service, or email.
   23.3 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 post, at 9.00 am on the fifth working day after posting; or
        (c) if sent by email, at 9.00 am the next working day after transmission.
   23.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
 
24. GENERAL
   24.1 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.
   24.2 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).
   24.3 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.
   24.4 Complaints. If you have any questions or complaints about the Goods, please contact our customer service team at 80080022 or write to us  at [email protected] 
   24.5 ADR. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider. You can submit a complaint to Cyprus Consumer Center for Alternative Dispute Resolution via their website at https://adrcyprus.com/en/. If you are not satisfied with the outcome you can still bring legal proceedings.
   24.6 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.
   24.7 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
   24.8 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.