Terms and Conditions
General terms and conditions for the use of the website
The website www.fragstore.cy (the "website") is operated by ASK UPGRADE TRADING LTD, based in Nicosia, having its registered office at 14 Syntagmatarchi Georgiou Boutou Str, 2066 Kokkinotrimithia, Nicosia , Cyprus with Registration Number CYHE417939 and contact email email@example.com (hereinafter referred to as the “COMPANY”) as a franshisee of the FRAGSTORE chain of online and offline shops.
The following terms and conditions will apply to the access, navigation and use of the website, including the e-shop with domain www.fragstore.cy/shop that is located at the address www.fragstore.cy. Any user who enters and trades or makes use of the website (hereinafter referred to as the "user" and/or the "visitor" or the "customer" by analogy, i.e. if it is only a simple visit to the website or if it performs both ordering and purchasing or selling products and services) is deemed to accept and consent to the following terms unreservedly and without exception. In case of any user's disagreement with these terms, then it is the user’s responsibility to refrain from use, visit and any other transaction or use of the services in the online store.
Changes to these terms and conditions
Due to the constant development of the Site it may become necessary to amend these terms and conditions and The Company reserves the right to do so by posting changes online. It is your responsibility to check these terms and conditions regularly and your continued use of the Site after such changes are posted constitutes your acceptance of these terms and conditions as amended.
Information & Products Provided
The COMPANY, in the context of good faith, is not responsible and is not bound by entries of electronic data that were made by error/misconduct in view of common experience and is entitled to correct them whenever it becomes aware of their existence.
The COMPANY exercises due diligence so that the photos of the Products displayed on the website as well as any posted videos reflect as far as possible the actual status of the Products. In any case, however, the User accepts that the Products shown in the photos and videos may deviate from the actual status, form, size, actual colour and general image of the Products sold in the E-shop. THE COMPANY is not responsible in case of deviation of the photographic depiction of the product or its depiction in video from the actual picture.
THE COMPANY does not warrant the accuracy or reliability of any information or content relating to any products, software or advertisements included on the website as well as for the content of third parties to which the User is referred through hyperlinks from the Website or which the Website provides access to.
The prices of the online store can be changed at any time without notice. THE COMPANY is not responsible and does not cover differences in the prices of products purchased from a physical store in Cyprus in which the Customer found a product with a lower price in its online store or vice versa.
In the context of good faith and for your own protection, please, if you find that a product is offered at an unusual price in relation to its market value, before proceeding with an order, contact our Customer Service Department at firstname.lastname@example.org
Limitation of liability
The COMPANY does not provide any warranty (i) for the proper functionality of the website; (ii) for the accessibility and use of the website, (iii) for the full, accurate and timely nature of the contents, information or data available on the website, (iv) for the absence of defects or errors from the content and/or operation of the website and/or applications (v) for the absence of viruses or other malicious software and (vi) for the absence of certain properties that could be expected in relation to these websites or their content. Therefore, the COMPANY informs the User that both the entire content of the website and the promotion of the products (on the market of which the User may proceed through the e-shop, are provided "as is" without conditions or other guarantees for their accuracy, correctness or suitability for the use or for the intended purpose.
THE COMPANY does not guarantee the availability of products displayed in the online store, but informs according to the data kept about the availability or non-availability any interested customer and undertakes in case of change of such data, to inform customers in a timely manner of the unavailability in which case it is not subject to any further responsibility. The online store provides the content (e.g. information, names, photographs, illustrations), the products and services available through the website "as is ".
The COMPANY in the context of its transactions through the online store is not responsible and is not liable for any damage or loss resulting from the cancellation of orders, from non-execution or from the delay of their execution, for any reason.
The User agrees and undertakes to use the services, information and data of the website, including the e-shop, in accordance with the law and based on the rules governing good faith and fair trading practices and is therefore prohibited from using the website for:
intentional or unintentional breach of applicable law or regulations
harassment of third parties in any way
collecting or storing personal data about other users
sending, publishing, sending by e-mail or transmitting in other ways any content that is illegal for any reason, causes unlawful infringement and harm to the COMPANY or to any third party either to violate the confidentiality or the privacy of any person's information;
sending, publishing, sending by e-mail or transmitting in other ways any content that offends any user’s morals, social values, age, etc.
sending, publishing, sending by e-mail or transmitting in other ways any content for which users are not entitled to transmit in accordance with law or the applicable contracts (such as internal information, proprietary and confidential information acquired or disclosed as part of industrial relations or covered by confidentiality agreements
sending, publishing, sending by e-mail or otherwise transmitting any content that violates any patent, trademark, trade secret, intellectual property or other proprietary rights of any kind.
publishing, e-mailing or transmitting in other ways any material containing software viruses or any other codes, files or programs designed to interrupt, damage, destroy or malfunction to the operating equipment of any software or computer hardware
The content of the website including images, graphic designs, discrete titles, marks, texts, photographs, etc. are the intellectual property of the COMPANY or other legal beneficiaries and are protected by Cyprus law, European law and international conventions. Any copying, transfer or creation of derivative work based on this content or misleading the public about the actual provider shall be prohibited. Reproduction, republication, upload, communication, dissemination or transmission or any other use of the content in any way or means for commercial or other purposes is permitted only with the prior written consent of the COMPANY or any other copyright holder. The names, images, logos and distinctive features listed and described through the website under the trademark FragStore or the products or services of the COMPANY or third parties, are assets of the COMPANY or third parties respectively, protected by the relevant trademark laws. Their use on the website does not in any way give license or permission of use to third parties.
Subject to the terms and conditions set forth herein and all applicable laws and regulations, the website grants you a non-exclusive, untransferable, personal, limited right of access, use and display of this website and its contents. This license does not constitute a transfer of title to the website and its details and is subject to the following restrictions:
You may not modify the website and its information in any way or reproduce or present publicly or distribute or otherwise use the website and its details, for any public or commercial purpose, unless otherwise permitted hereby.
Any creation of a connection that implies any kind of relationship between the User or a third party with the Company or approval or support from the Company is prohibited when it does not exist.
The website may not be placed in a frame on any other website and in any case the User is prohibited from creating a, link, to any part of the website, except the homepage.
The User is prohibited from using frames or framework techniques to surround any trademark, logo or other proprietary information (including images, text, page layout or format) of the website.
The User is prohibited from using any "metatags" or any other "hidden text" based on the Company's names or trademarks or affiliates or ASK Upgrade Trading Ltd companies without its written consent.
In the event of unauthorized use, the license granted by the Company for access to the website is automatically revoked, without further notice.
Links on the website
The website may include and use links that lead to pages of the e-shop or to third-party websites and are considered to be related websites and are not under the control of the COMPANY and provide these links only to facilitate the use of the website, their use is not mandatory for the visitor/customer and the fact that they are provided on the website does not indicate that the COMPANY approves or accepts their content.
Therefore, the COMPANY is not responsible for the contents of any such website or any link contained in an associated website, or any changes or updates to such websites and the COMPANY is not responsible for the broadcasts of the internet or for any form of transmission received from any linked website.
Create an account on the Website
The User bears full and sole responsibility for any action (act or omission) taken through his account. THE COMPANY disclaims any liability for damages arising from the use of a User's account against other third parties due to unauthorized access or use of the User's account if the User has not previously properly informed the COMPANY at email@example.com
The User has the ability to deactivate his account at any time at will by pressing the Disable button. It should be noted that if the user disables his account in the online store then his account will be deactivated in total.
The COMPANY may terminate these Terms by sending an email to the email address stated by the User and setting a reasonable period after which the Customer's account will be deactivated as a whole.
The COMPANY is entitled to delete the Account of a User and/or refuse access to the website and/or the online store for any reason. In particular, it is entitled to do so when any important reason exists, such as indicatively and not restrictively, if there is evidence of mistrust, illegal or unconventional navigation and/or use of the website (found by the company or following a complaint from any third party). In this case, the User's information is retained to confirm that the same User will not re-register.
Correctness of submitted data
An essential element of the process is also the creation of a secret login code, which will be set by the User himself based on the current security rules of the COMPANY, for the creation of passwords. With this code, the User will access the entire content of the website, his Account and the online store and this code must always keep secret and secure.
In particular, the User bears full and sole responsibility for the protection of the secret password created and used to enter the account. The User must completely avoid granting the password to third parties in order to prevent any unauthorized access and use (and in particular but not exclusively to any minors). In addition, each User must immediately inform the COMPANY if there are any reasons to believe that the secret password could or may have been known to a third party or there is a risk that the password will be used without the user’s permission
Purchase Process Description
The online store is exclusively for adult consumers.
The COMPANY reserves the right to select at its absolute discretion the products available for sale and to modify, renew and/or withdraw them at any time, without prior notice to customers. The same applies to the prices of the products, any offers and discounts which it may make at its sole discretion and which may be changed without prior notice to the customer, on the basis of its commercial policy which it formulates freely and at its own discretion.
The COMPANY may, at will, set maximum and/or minimum limits for each order, without notice to the customer. The limits may be changed and in any case, what is presented on the website will apply at the time of the order.
The COMPANY reserves the right at any time, without cost and without notice to change its commercial policy, in relation to the cost of delivery and the method of payment.
The Customer is responsible for choosing the product and placing a correct order, through the e-shop. It is expressly underlined that this website is not an offer to conclude a contract to the Customer, but an invitation to submit a proposal from the Customer. The contract is concluded only if the Customer receives the confirmation email of his order:
The stages of the process from the submission of the order to the conclusion of the purchase contract are as follows:
Add your products to your shopping cart
Select your shopping cart
Fill your contact and address information
Choose delivery/pickup method
Choose your payment method
Complete your order
To facilitate your search, we have distributed our products into central categories. All categories are developed through a tree of subcategories. Our goal is to allow the user to get to the final product with the fewest possible clicks.
On the website, we try to have all of our products available to order. However, there are cases where a product is out of stock or has been removed. If your product is not available for any reason after your order, a representative will contact you via phone or email
The delivery and/or receipt of products sold through the online store will be carried out in the manner and cost (where applicable) specified on the website, taking into account the total weight or volume of the purchased products. THE COMPANY reserves the right to change the delivery policy of its products at any time, informing the customer before the conclusion of the contract.
Please note that the date of delivery of the Products is indicative and may be changed. In this case, the COMPANY will make a reasonable effort to contact the customer in order to provide him with information.
THE COMPANY may additionally, at its own discretion, to set as a precondition for the delivery of any product the verification of the customer's identity at the time of delivery, to certify that the customer, who should also be the recipient, is not a minor. In case of inability to certify or there is any doubt, the COMPANY is entitled to refuse the delivery and cancel the sale completely with a simple statement at the place of delivery of the recipient.
The COMPANY may determine at its discretion the methods of payment for the purchase of products through the e-shop, and reserves the right to change the way payments are arranged and to add or modify the procedures, without notice to the customers, who will be informed of the payment methods available, through the relevant posting in the online store, prior to the completion of each order.
In case of payment of the price by credit card, this can be done with the cards accepted by the online store. If the customer chooses the credit card as a payment method, the procedure will be carried out and completed through a recognised financial institution that provides all electronic payment security guarantees in its statement. The collection and processing of payment information submitted by the customer itself shall be carried out only by the cooperating financial institution, which is solely responsible for processing and completing the transactions. Any problem that may arise when paying with a credit card, will hold responsible the provider of the payment services. The COMPANY does not store or process the card details of its customers unless an account is created by the user. The COMPANY is also entitled to reject the customer’s order or withdraw from the sale at any time, if any problem is observed or exists within the card details. It shall be well understood that the customer bears full and sole responsibility for the correct input and completion of the card details within the payment system.
Force Majeure (Events outside of our control)
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 (Force Majeure)
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to notify you; and
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.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days by contacting us
Applicable law and jurisdiction
These terms are governed by and interpreted in accordance with the laws of the Republic of Cyprus. Any dispute falls under the exclusive jurisdiction of the courts of Nicosia, Cyprus.
The above General Terms and Conditions fully bind the parties (the COMPANY and the customers/users) and constitute the entire contract of the parties and supersede any and all previous and current contracts. The information mentioned on the Website shall form an integral part of the contract and shall not be altered unless the Parties expressly agree.
In the event that a term of the contract is found to be unfair or cancelled, it does not affect the other terms of the contract, which remain in force and are binding on the parties. In any case, where possible, it is possible for a term/sub-term or part of a term/sub-term to be considered separately, in order to make the remaining part valid, thus the term shall be interpreted accordingly. Otherwise, the parties agree that the term must be corrected and interpreted, in order to reach as far as possible the original meaning of the term/sub-term, in accordance with the law.
Any delay in the exercise by the parties, in part or in all of the rights deriving from these terms should not result in a weakening or waiver of that right, which may be exercised at any time at a later stage and at the reasonable discretion of the beneficiary.
The headings contained in these Terms and Conditions are set for reference purposes only and should not affect their meaning or interpretation.
Alternative dispute resolution (ADR): According to Directive 2013/11/EU, which was incorporated in Cyprus by Law N. 85(I)/2017, the possibility of electronic resolution of consumer disputes is now provided for with the Alternative Dispute Resolution procedure throughout the European Union. If the Customer has the status of consumer (i.e. a natural person acting outside of its professional capacity) and has any problems with a purchase made through the online store, the Customer may initiate the ADR procedure through the single EU-wide platform for online dispute resolution (ODR platform) available at https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en which enables consumers and suppliers to submit any disputes, arising from online purchases, in an online resolution process.
A list of approved ADR Entities can be found on the Website of the Consumer Protection Agency.
Once the user has seen at least one product this snippet will be visible.