Welcome to Agoratopia! Our first priority is your trust and happiness, making your experience as easy as possible.
References in these Terms & Conditions to “we”, “us” and “Agoratopia” are to Agoratopia (Trade name). Agoraratopia (trade name) and www.agoratopia.com (website) are owned and operated by Dora Theophilou Ltd, 26 Georgiou A, 4047 Limassol, Cyprus, TIC number 12172175L , VAT number CY10172175J.
Additional Terms & Conditions apply to some services offered on and via this website and, may be found at the place where the relevant service is offered. Additional and other Terms & Conditions may apply for certain apps linked to the operation of this website or service providers for the operation of this website.
1. Online Shopping
1.1. Every care has been taken to ensure that the photographic representation, description and specification of each product and item is accurate. However, while the reproduction of colours is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. We also unable to guarantee that the product and item descriptions are up to date although great care has been taken to ensure accuracy of information. Before you place an order you should read these Terms & Conditions carefully as they contain important information about your order.
1.2. By submitting an order to us through our website (www.agoratopia.com), you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.
1.3. Visitors under the age of eighteen (18) should not register with this website or submit any information to us.
1.4. You certify that the information you provide or submit on agoratopia.com is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify us immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the website, or any portion of the Site, at any time without notice. You may also ask us to disable your account by email at email@example.com. In this case you will not be able to access your account but the data of your activity will not be erased.
1.5. We and our affiliates have no liability to you for content on the website that you find offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, and computer games are labelled with age restrictions and may be intended for mature audiences only. By ordering an age restricted item, you certify that you satisfy the age restrictions.
1.6. We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the website only with involvement of a parent or guardian and, only the parent or guardian should register or submit any information to us.
You are prohibited from:
- Violating or attempting to violate the security of the websites;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the website; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Agoratopia or other third party web browsers) to navigate or search the websites.
1.7. Agoratopia allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the website (“Content”). Content should be written in English.By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least eightenn (18) years old or if you are under the age of eighteen (18), you are at least thirteen (13) years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
1.7.1. License Grant for Submitted Content
If you make any submission to the website, you automatically grant, or warrant that the owner of such content has expressly granted Agoratopia, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Agoratopia may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Agoratopia is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Agoratopia the right to use the name that you submit in connection with any Content.
1.7.2. Prohibited Content
You represent and warrant that you will not submit the following Content:
- Content that is false, inaccurate, or misleading;
- Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
- Content that violates any local, Cyprus, European, or international laws;
- Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Agoratopia in its sole discretion
- Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Agoratopia;
- Chain letters or pyramid schemes
- Content that impersonates another business, person or entity, including Agoratopia, its related entities, employees and agents;
- Content that contains viruses or other harmful computer code;
- Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- Content that you were compensated or granted any compensation by any third party unless otherwise authorized by Agoratopia in writing; or
- Content that violates any policy posted on the website, or interferes with the use of the website by others.
2. Acceptance of your order
2.1. You can place an order in one of two ways, either online or over the telephone/email through our Customer Services.
2.2. Non-acceptance of an order may be a result of one of the following:
- The product you ordered being out of stock (despite Product Availability information at product page)
- Our inability to obtain authorisation for your payment
- The identification of a pricing or product description error
- Failure to meet the eligibility to order criteria set out in the Terms & Conditions
- Supplier’s and/or manufacturer’s and/or authorities instructions related to the ordered items
- Our Inability to accept an order for whatever reason
2.3.1. Shortly after you have placed an order with us by pressing the ‘Complete Order’ an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from Agoratopia. Should you not receive an acknowledgment within 5 business days, please contact our Customer Services by calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us.
2.3.2. Acceptance of an order placed by you online and the completion of the contract between you and Agoratopia will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below.
2.4. Over the Telephone
2.4.1. Our operators will be delighted to help you place an order over the telephone, advise you on the range of merchandise we offer on our website and help you with queries about payment.
2.4.2. Our Agoratopia Direct Call Centre and Orderlines are open Monday to Friday 9.30am - 5.30pm (closed Saturday & Sunday). Please call 25322570 (+357 25322570 from overseas), during opening hours.
2.4.3. Where you place an order over the telephone you will be given an order reference number and/or a customer reference number (depending on operator) as an acknowledgement of your order. Your order is not accepted at this stage. We accept your order for an item ordered over the telephone at the point of your order being dispatched, unless you have cancelled the order in accordance with the order cancellation instructions set out below.
2.4.4. As is the case with many large and high profile companies, telephone calls to Agoratopia may be recorded for security and service monitoring purposes
2.4.5. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and ‘’term of use’’ and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We certainly reserve the right to refuse or even cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account or paypal) has been charged, we will issue a credit to your credit card (or other applicable payment account or paypal) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Agoratopia may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method (were applies).
Agoratopia reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify you should such limits be applied. Agoratopia also reserves the right, at our sole discretion, to prohibit and, prohibits by definition sales to dealers or resellers unless a specific written contract is duly signed with the dealer or reseller. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Agoratopia for the purpose of engaging in a commercial sale of that same product(s) with a third party.
3. Order cancellation
3.1. If you wish to cancel your order placed online or over the telephone or email, please contact our Customer Services by:
- calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us & Sunday)
- forwarding your acknowledgement email to us at firstname.lastname@example.org stating your intention to cancel the order
- or writing to Agoratopia, 26 Georgiou A, 4047 Limassol, Cyprus
It may not always be possible to stop an order from being dispatched or processed by contacting our Customer Services to cancel the order, we endeavour to process orders immediately.
In such a case, select the <Product/Item Returns> link at the footer section of the Site to guide you through the process of returning an item, product or service or other. In the case of products, the goods along with the completed Returns Form must be returned within 14 days of receipt. In the case of non-products such a service you may cancel the order within 14 days from the day of purchase unless if other policies or restrictions apply by the provider of the service or item or marketplace seller. You will find below additional information related to marketplace sellers.
Please note that your right to return goods and items does not apply to certain items. Further details are set out in our Returns Policy at clause 4.
4. Returns policy
4.1. The Returns Policy is for goods or items or services purchased on the website or over the telephone or by fax or post.
4.2. Unwanted goods may be returned for a refund or exchange. Please return them in their original condition, unused (with their original packaging), with garment tags still attached within 14 days of cancellation (see clause 3.1 for ways to cancel) with the Returns Form provided. In the case of non-products such a service you may cancel the order within 14 days from the day of purchase unless if other policies or restrictions apply by the provider of the service or item. Exchanges may be refused at Agoratopia's sole discretion.
4.3. Save for the limitations in clause 4.4 to 4.6 below, in order to obtain a refund you must notify us of your intention to cancel your contract within 14 days of receipt of the goods (or prior to delivery) in accordance with clause 3.1. We will refund your original delivery charge when a product is faulty or damaged.
4.4. Please note that cancellations or alterations to orders containing perishable goods and Hampers/Gift Boxes/Food must be made within 24 hours of ordering (with the exception of faulty or incorrectly supplied goods). There are additional points related to groceries below.
4.5. Except in relation to faulty or incorrectly supplied goods where your statutory rights are unaffected the following items may not be returned:
- Goods which have been made or ordered to a customer’s specification;
- Newspapers and magazines;
- Event tickets;
- Hampers, food, beverages and perishable goods (including flowers);
- For reasons of hygiene we do not accept the return of: all beauty items including toiletries, cosmetics, personal grooming, fragrances; hair accessories; men’s and women’s swimwear; lingerie/nightwear/men’s underwear; hosiery, millinery; scarves; pharmaceutical products; woodwind and brass instruments; mattresses, duvets, mattress toppers/protectors, pillows or pierced jewellery and
- Audio or video recordings and computer software may only be returned if they have not been unsealed.
- Exceptionally, for beauty and fragrances we may accept returns given that these are not Free gifts or promotional items, Mascaras, nail polishes, lip glosses, eye liners, Products not sealed, Washed and worned, Used items.
- For services or non-good items please refer to the provider for returns or refund policy.
4.6. Although your statutory rights as a consumer will not be affected, the goods are second hand without the packaging and we may not therefore be able to exchange them voluntarily. You can take the goods out of the packaging to try them out, but don't throw it away. For computer and electronic products the original manufacturers packaging is part of the goods, so please retain it for at least 28 days in case you wish to return them for any reason. For non-goods or items please read carefully the policies defined by the provider of the item as penalties or restrictions may apply.
4.7. Refunds will be made against the original form of tender. Refunds and exchanges on purchases made on 10% promotions or other promotion are subject to a 10% adjustment or other. Additional or other adjustments may be done for PayPal charges or other services providers.
4.8. When returning goods or items on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods or items.
4.9. How to Return or Exchange goods
4.9.1. Go to Product Returns to guide you through the process of returning an item. Print out the Returns Form generated through the process, noting whether you would like a refund or an exchange of your goods. Please see clause 9.4 regarding the return of Hampers, Gift Boxes and Food. Additional and other Terms & Conditions for exchanges or returns policy may be indicated by this functionality.
4.9.2. Sent the goods with the return form to the following address:
Agoratopia Direct Customer Returns, 26 Georgiou A, 4047 Limassol, Cyprus
4.9.3. We strongly recommend that you use registered post, courier, recorded delivery or another secure method of delivery, retaining the receipt until you have received credit for your return. Sent your goods only if we approve the return. We regret that we cannot be held responsible for non-delivery of returned goods.
4.9.4. If you wish to return goods that have been delivered to you at a pre-arranged delivery time, for example large or bulky goods, please contact our Customer Services by calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us to arrange collection or replacement.
4.9.5. Please note that the return costs will not be reimbursed. Postage or other return costs will be the customer's responsibility and will be reimbursed by us only in the case of damaged, faulty or incorrectly supplied goods.
4.9.6. The goods must be returned unused, with all garment tags attached and with their original undamaged packaging. We will consider the condition of the goods being returned when making a refund.
4.9.7. Please return the item to us within 14 days of cancellation in order to receive a full refund or exchange. If you notify us of your intention to cancel the contract but do not return the goods to us we reserve the right to deduct the cost incurred by us in recovering the goods, from any refund you are owed.
4.9.8. If you would like to discuss the exchange or return of any item, or have any further questions about our returns policy please contact our Customer Services by calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us.
4.9.9. None of the above terms affect your statutory rights when goods are faulty or incorrectly supplied nor does it affect your rights under the Consumer Protection (Distance Selling) Regulations.
5. Payment methods
5.1. We only accept payment for orders in Euro (€).
5.2. We accept payment by VISA etc as provided by PayPal. PayPal Terms & Conditions apply.
5.3. If you choose to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in Euro (€)at the conversion rate applied by the relevant payment scheme at the time of processing your order.
5.5. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
5.6. Please note that Agoratopia does not accept cash, cheques or gift vouchers as payment online or over the telephone. In some cases you may choose to pay Cash on Delivery should we provide this option.
6. Pricing policy
6.1. All prices shown on the website are in Euro (€) and are inclusive of CY VAT, where applicable. Prices may change and offers may be withdrawn at any time.
6.2. CY VAT will be automatically deducted (where applicable) from merchandise dispatched to non-EU countries. The total deduction will be clearly indicated during the checkout process. For Hampers, Gift Boxes and Food please refer to clause 9.8.
6.3. Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we may treat your order in respect of the incorrectly priced item as cancelled.
6.4. Agoratopia endeavours to ensure that all merchandise offered on the website is available at the fair prices.
6.5. Agoratopia cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Agoratopia Sites or through third party sellers listing their products and services on Agoratopia (i.e. Marketplace). We reserve the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Agoratopia. Agoratopia may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the website or from prices available in stores or on our mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
6.6. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
7. Product availability/information
We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.
8. Delivery information
Please note that the below delivery information applies only to orders placed online through agoratopia.com or telephone orders made through Agoratopia's Customer Services.
8.1. Delivery Timing
8.1.1. Please note Agoratopia cannot guarantee specific delivery dates and therefore, subject to specific delivery times for Christmas Hampers and Gift Boxes as detailed in clause 9, please allow up to 7 working days for delivery within CY and 20 working days for European delivery unless alternative dates are stated in the product description. This is subject to goods being in stock, payment authorisation and you should allow for a longer delivery time during the Christmas and sale periods. We are unable to guarantee delivery earlier than this time frame.
8.1.2. Please note that individual items and Hampers/Gift Boxes will be dispatched separately.
Please select Shipping & Delivery link at the footer section of the Site for information about delivery charges. This information may change anytime at our sole discretion.
8.3. European Delivery
8.3.1. We deliver a wide selection of our online merchandise to various countries in Europe.
8.3.2. We regret we do not deliver perishable Hampers and Gift Boxes overseas and certain other products are not exportable including perfume, certain brands, large and bulky items, Christmas crackers and alcohol.
8.3.3. We reserve the right to withdraw overseas delivery at anytime.
8.3.4. We cannot be held accountable for delays in customs clearance.
8.3.5. If you require any additional information please call 25322570 (+357 25322570 from overseas), during opening hours.
8.3.6. Hampers and Gift Boxes
For overseas delivery of Hampers and Gift Boxes please see clause 9 below.
8.3.7. Other Items
Delivery charges for all exported items are based on calculated volumetric weight and delivery destination and will be quoted during the checkout process prior to your order being charged.
8.3.8. Import Duty
Agoratopia cannot be held responsible should local customs authorities wish to confiscate any particular item contained within a Hamper or Gift Box or any other item ordered, or charge any import duty on such items. The recipient is responsible for paying the duty.
8.4. Message Card and Gift Wrapping
We may offer this service at our sole discretion for quality, type and charge. You will be guided through you options when using the Site.
9. Hampers and giftboxes
9.1. We regret that Hampers/Gift Boxes cannot be delivered along with non-Hamper/Gift Box products. Payment for all Hampers/Gift Box products will be taken when you place the order, whereas payment for non-Hampers/Gift Box items is charged on dispatch, unless stated otherwise on the product.
9.2. Final Christmas order date
To guarantee delivery of your order before Christmas please submit your order with full payment by the following dates. The last named day Christmas delivery date for CY destinations is 20th December, subject to availability whereas for overseas destinations is the 1st of December.
9.3. Delivery and Export Information
Additional delivery and export policies may apply at our sole discretion.
10. The website
10.1. We may change the Agoratopia website and correct or update information (including product information) on it or change these Terms & Conditions at any time without notice.
10.2. Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.
10.3. You may access and use the website for your personal, non-commercial use. Provided you retain all copyright and proprietary notices, you may:
- retrieve and display the content of the website on a screen;
- print copies of the content for your own personal use; and
- store the content in electronic form (except that you may not store it on any server or other storage device connected to a network).
10.4. You may not use this website or its contents:
- for commercial purposes;
- for resale purposes including the systematic extraction and/or re-utilisation of any part of the contents of this website (eg. item listings, descriptions, prices);
- to download (other than page caching) or modify the website, or any portion of it;
- to interfere with or disrupt any network or web site connected to this website or gain unauthorised access to other computer systems;
- to interfere with the enjoyment or use of the website by any other person;
- for any purpose which is unlawful.
10.5. In addition you may not in relation to this website, use any:
- data mining, robots, or similar data gathering and extraction tools;
- framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website;
- meta tags or any other "hidden text" which uses our name or trade marks.
10.6. Using this website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
10.7. We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.
10.8. You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
10.9. This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is our property or that of our suppliers and is protected copyright, trade marks, database rights and other intellectual property rights.
10.10. This website may include links to third party web sites ("Third Party Site(s)") from time to time. You acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites. You should check the privacy statements and Terms & Conditions of use of Third Party Sites accessible from this website.
11. Liability and Indemnity
11.1. We do not exclude or limit our liability or the liability of any other person for fraudulent misrepresentation or for death or personal injury resulting from our or their negligence. Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use or misuse of the website or Customer Services. We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of data, damage for loss of business, loss of profits, or any other indirect or consequential loss arising out of or in connection with your use of the website or Customer Services (including without limitation, any such loss arising out of or in connection with any order placed on the website or through the Orderline, whether or not accepted by us).
11.2. You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions by you.
11.3. We may terminate your use of the website immediately if we consider that you have breached these Terms & Conditions.
11.4. You accept that our responsibility to you will be limited exclusively to the invoiced price of the item purchased by you. We cannot be responsible for product liability. You agree that the manufacturer of the product or provider of the service or item is responsible to comply with the law related to the product or service or item before making a product or service or item available in the market.
11.6. To fulfil our obligations to you under these Terms & Conditions we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.
The website and telephone Orderline are controlled and operated in the CY. These Terms & Conditions and all matters connected with any order you place on our website or over the telephone are governed by Cyprus law and you agree to submit to the exclusive jurisdiction of the Cyprus courts in relation to all matters connected with or arising out of the website or your use of Customer Services or any order you place on the website or through the Orderline.
To resolve a complaint you first please contact our Customer Services by calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us *
* Please refer to your service provider for more details on cost.
If this does not resolve your complaint, arbitration procedure in Cyprus must be done without court resolution.
In all cases what so ever our liability and compensation to you will not be more than the invoiced price of the items purchased.
All complains are considered void if not reported to us not later than six (6) months after the problem occurrence.
13.1. As mentioned previously, We may change these Terms & Conditions at any time. If any of these Terms & Conditions are invalid or unenforceable, the remainder of these Terms & Conditions shall continue to have full force and effect.
13.2. We will not be responsible to you for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause beyond our reasonable control.
13.3. If you breach these Terms & Conditions and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.
13.4. References on the website to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Agoratopia is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from the website and Agoratopia Site is at your own risk and will be governed by such third party's terms and policies.
14. Information provision on the website
Agoratopia and our customers post a variety of material on the website including without limitation, merchandise information, product descriptions, reviews, comments, health and prescription information, and In Store Now information (collectively, “Materials”).
The Materials that appear on the website are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time.
Before you act on information you have found on the webise, you should confirm any facts that are important to your decision.
Agoratopia and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the website.
Agoratopia is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the website may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).
No health, wellness, prescription or pharmaceutical information is intended to substitute for the diagnosis, treatment and advice of a medical professional and this information does not cover all possible uses, precautions, side effects and interactions and should not be construed to indicate that any drug is safe for you. Consult the product information (including package inserts) regarding dosage, precautions, warnings, and interactions and your medical professional for guidance before using any prescription or over the counter drug.
AGORATOPIA, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANYWHERE ON THE WEBSITE.
15. Export policy
As mentioned previously, you acknowledge that some goods licensed or sold on the website are subject to the customs and export control laws and regulations of Cyprus and/or may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws.
By purchasing, downloading or using technology or software from the website, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no Agoratopia Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization or otherwise in any way what so everin violation of law. You additionally agree and commit to purchase and/or use items or purchase and download or use technology or software from the website that complies with all regulations and law at the shipping destination and/or your destination. You furthermore, agree and commit not to use or propose to be used by anyone what so ever any item not complying with all regulations and law at the area and/or county and/or location of item use.
15.1. Specific note on regulations and law
In addition to clause 12. Export Policy, this clause 12.1 the you agree and commit not to use or propose to be use or purchase for the purpose for a third party any item with does not conform with the law including specific consumer warnings. In every instance, the manufacturer of the item or provider of the service or the marketplace seller (for the avoidance of any doubt agoratopia is not a manufacturer or service provider) shall be responsible for the conformity of the Products and the items and the absence of latent defects on the Products in accordance with laws and all civil codes. The item manufacturer and service provider (and not Agoratopia) are solely responsible for ensuring Health and other Registration of the Products . The item manufacturer and service provider (and not Agoratopia) are solely responsible for pharmacovigilance and cosmetovigilance (in particular according to the Regulation (EC) n° 1223/2009 of the European Parliament and of the Council).
16. Intellectual Property
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by Agoratopia, one of its affiliates or by third parties who have licensed their materials to Agoratopia and are protected by EU and/or Cyprus and international trademark and copyright laws.
You may access, view, download, and print the IP and all other materials displayed on the www.agoratopia.com for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner.
No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the website or any related software.
All software used on the website is the property of Agoratopia or its suppliers and protected by U.S. and/or EU and/or Cyprus and international copyright laws. The IP and software on the website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited.
The compilation (meaning the collection, arrangement, and assembly) of all IP on the website is the exclusive property of Agoratopia and is also protected by U.S., EU and international copyright laws.
Agoratopia names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any area of the webiste are trademarks or trade dress of Agoratopia in CYPRUS and other countries. All other marks are the property of their respective companies.
17. Terms applicable to marketplace
For other terms that apply to Agoratopia Marketplace, including important notices and disclosures, see About Marketplace sections.
18. Terms applicable to online grocery services
Once you have placed an order for Agoratopia online grocery services, we will send you an order acknowledgement by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
There may be a minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout, if applicable, will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered, or picked up, as applicable. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made. These limitations will be provided when you place your order. For grocery orders that are delivered to you, title to the goods purchased by you (and the related risk of loss on these items) passes to you upon delivery of the items to the carrier.
Agoratopia may provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact our Customer Services by calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us.
Agoratopia will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products etc.).
Notwithstanding the foregoing, all refunds will be subject to Agoratopia's discretion.
18.2. Agoratopia Online Grocery Services Delivery and Pickup
We aim to deliver your goods within the delivery or pickup window you selected when placing your order, but do not guarantee that goods will be delivered or available for pickup on or by a certain date. Agoratopia will not be liable for delivering the goods outside of the requested delivery or pickup slot or failing to deliver or make available for pickup all or any of the goods in your order.
We can only deliver to an address stored in your address book in your account on the Agoratopia Grocery Stores.
18.3. Agoratopia Online Grocery Services Pricing
Pricing for Agoratopia Grocery items will be the same prices as if you shopped in the store that packs and delivers the items. If an item's price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online will not match all stores, only the store where your order is packed. Agoratopia Grocery does not match prices from other online or physical stores, or Agoratopia stores other than the one where your items are picked and packed.
18.4. Agoratopia Online Grocery Services Promotion Codes
Promotion Codes ("Promo Codes:") are valid only on orders placed for Agoratopia online grocery services, subject to the terms of this section. Your use of a Promo Code indicates your agreement to be bound by these terms and any Promo Code terms on the promotion offer itself. Agoratopia will only honor a Promo Code if it is used in accordance with the terms.
Only promo codes issued by Agoratopia can be used for Agoratopia online grocery services. Promo codes cannot be used in Agoratopia stores. Promo codes issued by Agoratopia are, and shall remain, the property of Agoratopia and are not transferable, cannot be resold, and have no cash alternative unless otherwise stated. Promo codes may not be used for alcohol purchases.
Promo codes can be added to your Agoratopia online grocery order by entering the code at checkout or by selecting a saved offer in checkout. To apply a Promo Code to your order you must select it in the "Review Order" section at checkout. Use of a Promo Code may be subject to you providing proof of entitlement to use the Promo Code.
All Promo Codes have an expiration date, after which they cannot be used for any order. Promo Code values may be adjusted if the total discount value is greater than the value of your order.
Agoraptopia reserves the right to withdraw or cancel any of its Promo Codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the Promo Codes may not be used for any orders placed after the date of withdrawal or cancellation. Agoratopia reserves the right to reject or cancel the use of a Promo Code where fraud or misuse is suspected. You will have no claim against Agoratopia in respect of such rejection or cancellation of a Promo Code. Agoratopia shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Promo Code or any failure or inability of a customer to use a Promo Code for any reason.
Promo Codes may not be copied, reproduced, published, or distributed directly or indirectly in any form for use by anyone other than the original recipient. By using a Promo Code, you warrant that you are the duly authorized recipient of it.
19. Additional note on Privacy
20. Additional note on indemnification
You agree to defend, indemnify, and hold harmless Agoratopia and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Agoratopia Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Agoratopia. You may terminate this Agreement at any time, provided that you discontinue any further use of the website.Agoratopia also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Agoratopia Sites, if in Agoratopia’s sole discretion you fail to comply with any term or provision of this Agreement.Upon any termination of this Agreement by either you or Agoratopia, you must promptly destroy all materials downloaded or otherwise obtained from the Agoratopia Sites, as well as all copies of such materials, whether made under this Agreement or otherwise.The following sections shall survive any termination of this Agreement: “Use of the Agoratopia Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Agoratopia Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
THIS SITE IS PROVIDED BY AGORATOPIA ON AN “AS IS” AND “AS AVAILABLE” BASIS. AGORATOPIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AGORATOPIA SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE AGORATOPIA SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AGORATOPIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AGORATOPIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE AGORATOPIA SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE AGORATOPIA SITES, THAT YOUR USE OF THE AGORATOPIA SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
23. Limitation of liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AGORATOPIA OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE AGORATOPIA SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AGORATOPIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL AGORATOPIA BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE AGORATOPIA SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
24. General notes
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.
The failure of Agoratopia to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Agoratopia's rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under Cal law without regard to conflicts of law provisions.
25. Procedure for making a claim of copyright infringement
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Agoratopia Sites in a way that constitutes copyright infringement, please contact us to report possible copyright infringement.
26. Customer support
Please contact our Customer Services in the event of any queries by calling 25322570 (+357 25322570 from overseas), during opening hours or by using our online form: https://www.agoratopia.com/pages/contact-us *
* Please refer to your service provider for more details on cost.
Current Terms & Conditions last updated 20/06/2018 by Agoratopia Admin. Please check back frequently to see any updates or changes to our Terms & Conditions. For any questions regarding these Terms & Conditions, please contact us: https://www.agoratopia.com/pages/contact-us