epic eStore Terms and Conditions

The present Terms and Conditions (“the Terms & Conditions”) apply to the creation of a contract for the provision of services or the sale of goods through the eStore of Epic Ltd.

 

The www.epic.com.cy is an online store, selling products and services that was created by Epic Ltd (“epic”), with registration number HE 141156, registered address at 16 Kyriakou Matsi Avenue, Eagle House, 10th floor, 1082 Agioi Omologites  Nicosia, VAT registration number 10141156Y and tel. 96 222 222.  

 

All users of the epic eStore should be at least 18 years old, in order to proceed with any purchase. Epic eStore serves only customers within the Republic of Cyprus.

 

All users should read the Terms & Conditions carefully prior to the use of the eStore. Use of the eStore entails unconditional acceptance of the present Terms & Conditions. In case a user does not agree with the present Terms & Conditions, he/she should not proceed in using the eStore for the creation of a contract with epic.

 

Epic has the right to change or update the present Terms & Conditions without prior notice, whenever it deems necessary, with the obligation to notify all users by updating this document.

 

The present Terms & Conditions together with the information provided to customer before the submission of the order, constitute pre-contractual information. Pre-contractual information forms an integral part of the contract together with any special or additional terms which govern the product or the service (“the Contract”).  

 

In case of conflict between the present Terms & Conditions and the special or additional terms, the latter prevails. When offers are announced by epic, the special terms & conditions of those offers, are published on epic’s official web page, www.epic.com.cy.

 

Epic is committed to ensure that the quality and completeness of the information provided through the website is accurate at all times with regards, to the identity of the eStore and for the services provided. Epic has no liability for any defective products and/or inaccurate or untrue information concerning its supplier’s goods contained within the website. Such liability rests upon epic’s individual suppliers.

 

Epic has no liability to any customer/users for damages that may occur due to the execution or not of their order. Epic reserves its right regarding the delivery time of the products in cases of Force Majeure according to clause 20(iii) below. eStore cannot guarantee the availability of the products, but it guarantees that it shall inform the users of the eStore on a timely basis. 

 

eStore provides the content (e.g. information, names, images, and illustrations), the products and services available, “as is”. In no event will the eStore  bear any responsibility for any legal, civil and criminal claim regarding any damages (indirect, special, consequential, which, without limitation alternatively and/or cumulatively constitutes a loss of profits, data, compensation, etc.) caused by any visitors or others, relating to the operation or use of the website and failure to provide services and information available through the website and / or any unauthorized third party interventions in products and / or services.

 

Epic accepts no responsibility in the event of any deviations regarding the product prices as well as a difference between the picture displayed and the actual product purchased by the customer.

 

eStore may provide links to third party websites, which have the full (civil and criminal) responsibility for the safety, legality and validity of the content of their websites and services, excluding any liability to epic.

 

This website is the official online store of epic. The entire content of the eStore, including pictures, graphics, photographs, texts, services and products are the intellectual property of epic and protected by the relevant provisions of the law of the Republic of Cyprus, European law and International conventions.

 

Any kind of copying, distribution, transportation, processing, resale, creation of derivatives or misleading the public about the real provider of website content is prohibited. Any reproduction, republication, uploading, posting, transmission or any other use of content in any manner or means, for commercial or other purposes is permitted only after the prior written permission of epic or any other holder of the copyright. Names, images, logos and trademarks represent the eStore or third parties and their products and services are proprietary marks of the eStore or third parties and are protected by applicable trademark laws. The appearance on the website should in no way be construed as a transfer or license or right to use them.

 

Epic makes every effort to maintain the availability of the eStore at all times. Users nonetheless accept that epic has the right to modify and discontinue temporarily or permanently all or part of the eStore with or without prior notice to users. Consequently, epic accepts no responsibility for any kind of damage (direct, indirect, negligently, contractual or other) due to the inability of users to access the eStore, the cessation of all or portions therof,  delay, non-delivery,  interruption or poor quality of service, loss of contents or the existence of any error. In any case, epic reserves the right to discontinue at any time temporarily or permanently, the operation of the whole or any part of the eStore for maintenance or upgrade purposes or for any other reasons.

 

Epic makes every effort to protect the eStore from virus. Nevertheless epic cannot guarantee that the eStore will never be threatened by any viruses and for this reason, each user must ensure its own protection (antivirus, virus scanners, etc.) prior to the use of the eStore or eStore information, software or content on user’s hardware. 

 

Users of the eStore accept that the use of the eStore is lawful and proper. Consequently users, agree that they shall not use the eStore for the following purposes (purposes are mentioned indicatively and not exhaustively):

 

i. sending, posting or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene and violate the privacy of another, show empathy, is racial, ethnic or other discriminatory;

 

ii. harm minors in any way;

 

iii. sending, posting or otherwise transmit any content that does not have a right to be transmitted under law, contractual or management relationships (such as insider information, proprietary and confidential information leaked or disclosed as part of employment relationships or covered by any confidentiality agreements);

 

iv. sending, posting or otherwise transmit any Content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of third parties;

 

v. sending, posting or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy any equipment, software or hardware;

 

vi. intentional or unintentional violation of applicable laws and regulations;

 

vii. third party harassment in any way;

 

viii. mislead anyone about the origin of the contents of the eStore;

 

ix. in any way damage the reputation of epic and/or third parties,

 

x. in any way endanger the security of the website of epic;

 

xi. in any way prevent anyone to access the eStore of epic;

 

xii. in any way establish and promote any kind of unsolicited, unauthorized advertising, spam emails, chain letters, pyramid schemes or any other form of unwanted content;

 

xiii. the collection or storage of personal data about other users.

 

Epic recognizes the importance of security and protection of Personal Data and electronic transactions and undertakes every technical, contractual, administrative measures and physical security steps to protect the Personal Data users provide to epic. Epic instructs authorized employees, who have access to users personal data (only when necessary), that these are used only in connection with the principles set out in the Policy for the Protection of Personal Data mentioned below.

 

In certain sectors, such as when customers provide details of their credit cards, epic makes every effort to protect the security of those data during transfer using standard cryptographic technology Secure Sockets Layer (SSL).

 

Users can also assist in the protection and the security of their personal data in the following ways (mentioned indicatively): (i) Never give or disclose your password, since the password is used for accessing the account or registration information. (ii) Remember to sign out of the account and close the browser window when you finish using the eStore or epic services or surfing the internet, to prevent other persons using the same computer to have access to any of your information.

 

9. Policy for the Protection of Personal Data

According to the Law providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of such Data (Law 125(I)/2018), epic notifies customers that it stores at its files their personal data.

 

Epic will ask customers to register their information so that customers can order products or services as well as for the purpose of enabling epic to inform customers about new products and services.

 

"Personal Data" is personal data like your name, address, email address, date of birth and gender. Epic collects personal data when customer chooses to provide it to epic. when the customer registers to a Service of epic, for example when the customer chooses to subscribe to epic, where the customer participates in promotional advertising of epic, and/or when the customer chooses to receive newsletters from epic. When contacting epic its employees may keep a record of that correspondence for the better handling of the issue. Epic may also receive Personal Data from its business partners or other third parties, after they confirm to epic that the consent of the customer has been obtained for this purpose. 

 

A. Personal data may be used for the following purposes:

 

(i) In order for epic to provide customers with services or with information customers have requested. Epic may use from time to time Personal Data of the customers in order to notify them about changes, enhancements related to epic Services.

 

(ii) If you have informed us that you are interested in receiving offers or information from epic or certain sponsors or advertisers, epic may send through email any materials related to products or services that might interest you. If, at any time you wish to end your subscription, you must follow the instructions listed at the end of each email.

 

(iii) If customer participates in a contest or promotion, offered on the website, epic may, according to the rules of such contest or promotion, use customer’s name and other information necessary for such purposes.

 

(iv) Epic may use Personal Data if it under such an obligation according to any applicable law or regulation.

 

B. Epic will disclose Personal Data to third parties only under the following circumstances:

 

(i) If customer has provided epic with his/her consent to disclose such data for a certain purpose.

 

(ii) To third parties who act on epic’s behalf as agents, suppliers or service providers, in order to enable effective service delivery of epic services. Such third parties act according to strict contractual controls, under which they are obliged to maintain confidentiality of Personal Data and to use such data only for purposes related to the provision of epic services.

 

(iii) As specified in the terms and conditions that apply to some epic services, in order to facilitate the provision of specific services such as the handling of legal issues.

 

(iv) As defined by law, including judicial decree, the institution or body with jurisdiction or authority to enforce the disclosure.

 

(v) In connection with the operational reorganization of epic, joint venture or merger with some other entity, the sale of all or a substantial portion of the assets of epic, provided that the disclosed Personal Data continues to be processed according to the present Policy for the Protection of Personal Data and all applicable legislation, by the entity that will obtain such information.

 

For any further information on how epic uses your Personal Data, you may contact: Email: dpo@epic.com.cy or visit our website www.epic.com.cy and specifically the Privacy Policy.

 

Customers are informed about the availability of the products. The various offers that appear in the eStore are always available while stocks last. The prices of the products include VAT. Epic reserves the right to change prices without prior notice. Customer will always pay the price which was written in the respective price list for the product at the time of ordering.

 

Upon receiving the order epic will contact the user of the eStore via e-mail (at the indicated by the user email address) and / or by telephone to confirm the purchase.

 

Without any prejudice to the right of withdrawal provided below, the order can be canceled (without the customer having to state his intention to withdraw from the Contract) when the order is in any of the following stages:

 

- When the order status is pending (following the relevant steps through the customer’s account in eStore);

 

- If delivery cannot be made within the time limits set and the user does not wish the completion of the order anymore;

 

- In case the user does not accept the product upon delivery (this reason can be relied upon, only if before the customer did not sign the relevant delivery document) for the following reasons:

 

• The user has changed his mind (in such case, the user will be charged with the shipping costs);    

• The product proves to be defective after technical inspection by epic (through its authorized service department) according to term 17 below but cannot be replaced by epic;

 

- In case the user fails to receive his order within 10 days from the time he/she has been informed by epic that the order is ready for collection.

 

After order completion, the order cannot be changed. If the user wishes to modify his/her order then he/she should cancel it, in accordance with the order cancellation terms above, and re-select the product(s).

 

In case a product is not available, the user will be notified of the estimated time delivery via email and / or telephone within a reasonable time frame after placing the order. In this case, the user, if he/she considers that this period does not satisfy him/her, he/she may request the cancellation of the order of that product. Any other products of the order can be executed normally.  

 

The delivery of the order can be executed only, upon presentation of the original identification document of the customer.

 

The payment can be processed by credit card or debit card. The credit or debit card will be charged after verification and certification of its data and validity. Customer is responsible for the proper submission and true details of the credit card.

 

Payment may be effected via credit, debit and prepaid cards issued by a Bank in the Republic of Cyprus. The service above is offered in collaboration with JCCPaymentsSystems (JCC) which provides special systems for the safe transmission of data of the credit/ debit card.

 

By submitting your credit card data, you acknowledge and agree that epic in collaboration with JCC will charge the credit card you have submitted for the amount of the transaction. Your card data is collected directly by JCC without epic’s intervention and epic does not have access to data such as card number, expiry date and cvv2. Therefore, epic shall accept no liability for any issue occurring with regard to any of the above data.

 

Epic takes technical and organizational measures to ensure security of data and transactions made through the eStore. The transaction particulars (transaction number, registration number of subscriber, amount of payment, IP address) which epic collects and processes are used exclusively and solely for the purpose of receiving, effecting, and completing payment in accordance with mutual obligations. They are not announced nor transmitted by epic to any third party with the exception of JCC which is a collaborator for this service and they are deleted once the purpose for which they were retained has been fulfilled. You acknowledge and accept and you expressly consent to the processing of your personal data both by epic as well as by JCC when using the Service.

 

Provided that the transaction is successful, the account balance is updated in the epic systems upon receipt of the information concerned by JCC through a relevant file. The said procedure may take up to 5 days which depends solely on the time that JCC requires to process and send the data. The history of payments which appears concerns and contains only the payments made electronically through the Application, while payments through any other channel are not included.

 

For any clarification or query regarding the use of the service, permanent holders of epic connections and user plans may call 136.

 

Epic shall have no responsibility in case of handset or credit card lost and/or theft and/or malicious use of the Application. In case of credit card lost or theft, user shall inform the Bank Institute, which issued the credit card, immediately and report the insistent to the Police.

 

For eStore products delivery is made within the next two (2) to four (4) working days from the day of the order. In certain cases, provided the customer has been informed, the delivery time may be extended. The customer can choose at the time of placing the order, either to receive the ordered goods from an epic store or to have them delivered by a courier.

 

If customer chooses to receive his order from an epic store, there will be no additional charge.

 

If the customer chooses to have his/her order delivered by a courier company then the user will be charged the shipping costs. Shipping costs are calculated by the type of the product, weight and shipping address. In any case, customer is informed, pre-contractually during the submission of the order and before he/she proceeds with payment, about the exact shipping costs.

 

In case of a contract for the provision of services, the service is activated within four (4) days from the date of receipt of the order (provided all required documents have been presented) and in case there is an application for transfer of his/her number from another provider (for which a portability application has been submitted), within seven (7) working days.

 

1. Epic provides warranty for its products according to L.7(I)/2000. The duration of the warranty is 24 months and is valid from the date the product has been delivered to the customer. In case of a product replacement the product warranty period will continue for the remaining 24 months. To make use of this warranty, the customer must present the original receipt of purchase and deliver the product to epic.

 

2. During the warranty period, epic repairs or replaces the defective product free of charge. Epic will return the repaired or replaced product to the customer in a working condition. In case of a repair, epic will change the defective component. All parts of the product including the main board are regarded as components. Any materials or other equipment that have been returned and replaced are owned by epic.

 

3. According to article 7(3) of Law 7(I)2000 "until proven otherwise, any lack of conformity that becomes ostensible within six months of delivery of the good, is alleged to have been existed at the time of delivery unless this presumption is incompatible with the nature of the delivered goods or the nature of the conformity lack”. 

 

4. This warranty does not apply if (the list below is indicative and not exhaustive):  

 

I. The defect has been caused by the fact that the product has been used contrary to the manufacturer’s instructions, by exposure to moisture, by unauthorized opening or repair or by repair with use of unauthorized parts;    

II. The defect has resulted by accident;    

III. The defect has resulted by wear and tear;    

IV. The product serial number, the auxiliary date code or the IMEI number has been removed, erased, altered, changed or is illegible;    

V. The defect has resulted by the fact that the product had been used or associated with a device that is not appropriate based on the technical specifications of the device;    

VI. The defect has resulted by changes in software by an unauthorized person;  

VII. The defect is due to a file or product which has been placed to the internal or external memory of the device;    

VIII. The product is not checked by the epic technical department to determine and confirm the defective device.

 

5. For any device problems mentioned above, epic assumes no responsibility for their repair. Epic will inform the customer and will request approval for any additional cost.

 

6. If the faulty device is out of warranty based on the day of purchase or has not been bought from epic and the cost for repair does not exceed the value of €60 (incl. VAT), no prior approval is required by the customer for the repair, regardless of the actual product price.

 

7. No warranty is being provided for repairs related to faults that resulted from moisture and repair has been done upon customer’s request.

 

8. Epic assumes no responsibility for any total or partial loss of personal data during the repair procedure of the device. Sole responsible for the protection of personal data which are in any electronic device has the owner of the product. Furthermore, epic assumes no responsibility for partial or total loss of data, which may be due to a defect in the electronic device, whether it arises from manufacturing fault (so it is within warranty) or by customer error (so it is out of warranty).

 

9. If the customer does not collect any items that have been given for repair within one (1) year from the date the customer has been notified for collection, then epic is no longer responsible for their safekeeping.

 

10. All supplies and accessories (such as chargers, batteries, headphones, power supplies) are covered by warranty for a period not exceeding six (6) months.

 

11. This warranty applies to devices that have been sold by epic. In the event of a defective device it is the customer’s responsibility to deliver the device at any epic point of sale.

 

12. If the device is covered by the warranty, customer will not be charged shipping costs. In any other case shipping costs will be paid by the customer. 

 

13. Epic offers after sales service by calling customer service number 136.  

 

16. Right of Withdrawal / Returns – Exchange of Products  

 

According to Law 133 (I) / 2013 customers have the right to withdraw from the Contract within a period of 14 calendar days (from the day the activation of the service has occurred or, in case of sale of a product, from the time the product has been delivered to customer) without giving any reason and without any charges, except of the charges that are related to the direct cost of returning the equipment as provided below.

 

In order to exercise you right of withdrawal you must inform us of your decision to withdraw from the Contract by an unequivocal statement through a letter or using the model withdrawal form which you can find here, and sent it by post, fax or e-mail using the information below:

 

Address: 87 Kennedy Avenue, 1077, Nicosia

Fax: 96969385

E-mail: estore@epic.com.cy

 

The burden of proof regarding the date of sending the letter /withdrawal form, lies on the customer.  Thus, in case you will send it by post, we advise you to use registered post.

 

In case of withdrawal from the Contract, we shall reimburse to you all payments received from you (except of any costs related to the use of the service, for which you are still responsible), using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

 

Furthermore, in case of return of product, you will have to bear the direct cost of returning the product. You can return the product to the above address, either by using a courier company (provided you informed epic about the return, at the email address estore@epic.com.cy.) for which the cost is estimated at a maximum of approximately twenty (20) EUR or by returning it at any epic store (for returns, the restrictions mentioned below, apply).

 

We are entitled to withhold reimbursement until we have received the product back.

 

Please note that in case you wish to exercise your right of withdrawal and transfer your number to another provider you will have to submit a portability application to the said provider before the termination of the Contract. Epic bears no responsibility in case you lose your existing mobile service number.

 

For distance and off-premises contracts, we accept product returns or changes within 14 days from the date of delivery of the product to you, as:

 

I. the device is sealed from the manufacturer or from the shop with an epic Safety Sticker. We cannot accept the return of any opened or used product.

II. The return of the product is accompanied by the original receipt of purchase.

 

You can return a product, in the way mentioned in paragraph (I) above.

 

The return a product that the customer considers defective must be within its original package with all of its accessories, user manuals etc.  

 

Customer may return the said product in one of epic’s stores (for this purpose he must sign the Work Order Form) so that it can be send for technical inspection, according to which it will be ascertained whether the product is defective or not.    

 

18. Complaints

If a Customer has any complaint from epic, he/she must report his/her complaint initially to epic and if not satisfied with the response received, then he/she may address the Commissioner for Electronic Communications and Postal Regulations at http://www.ocecpr.org.cy/ or the Electronic Dispute Resolution Platform at the link: http://ec.europa.eu/odr.

 

1. Epic will use its best endeavours to provide quality services in accordance with the Electronic Communications Service Quality Regulation of 2005 as amended or replaced from time to time by the Commissioner for the Regulation of Electronic Communications and Postal Services. However, due to the nature of telecommunications, the quality and coverage of the Services, partly depends on the Customer's Equipment, partly from epic's network and partly from other providers and other telecommunications networks which connects or with which it uses to connect to epic network.

 

2. Without prejudice to the Terms and Conditions of the Services, in the event that epic services fail to comply with the relevant provisions of the quality service regulations which is at the fault of epic, the costumer must file a complaint and he/she may be compensated by epic and/or terminate his/her services without payment of the administrative termination fee. The type and the amount of the customer’s remuneration is determined on a case-by-case basis according to the time when the customer's services were unavailable, corresponds to 1/30 of the monthly service charge for each day the services were not available and may not be higher from the monthly fee for (1) month.

 

3. Events that may constitute non-availability of services not due to epic's liability are (but are not limited to) the following: 1. Damage caused to epic's network by others other than epic. 2. Damage caused by outside epic network but affecting the epic network. 3. When there is no availability of the Services due to epic's scheduled works. 4. Non-timely cooperation of the customer with epic staff or if there are pending actions by the customer. 5. Force majeure and/or other events, acts or omissions beyond epic’s reasonable control. 6. Any other action, not controlled by epic (indicatively but not limited to non-observance of deadlines by third parties, lack of material on the market, etc.). 7. Damage caused by the customer’s terminal equipment. 8. When a malfunction has been reported but not detected by epic after a check. 9. When epic is not able to access the customer's premises. 10. When customer's use of the services is not in accordance with the terms of service. 11. When the use of the services is not in accordance with national and international regulations. 12. Lack of available network resources or network extension. 13. When epic offers an alternative to the customer.  

 

20. General  

The present Terms & Conditions are governed by and construed in accordance with the laws of the Republic of Cyprus and for any dispute arising out of the Contract, exclusive jurisdiction has the District Court of Nicosia.  A detailed reference of the laws related to the conclusion of the Contract and in particular the laws concerning the legal guarantee of products (N.7 (I) / 2000), the right of withdrawal (N.133 (I) / 2013) and the procedure to conclude the contract (N.156 (I) / 2004) can be found on the below links:

 

· Legal guarantee of products (N.7 (I) / 2000)

· Right of withdrawal (N.133 (I) / 2013)

· Procedure to conclude the contract (N.156 (I)/2004)

 

By accepting the present Terms & Conditions you cannot assign, resell, rent or otherwise transfer your rights or obligations deriving from the present Terms & Conditions to any third party, except after obtaining epic’s written consent. Violation of this restriction in any way, will result in immediate termination of the services provided by epic.

 

Epic shall not be responsible and shall not be considered in breach of the present Terms & Conditions, for any failure or delay in the delivery of a product or in the provision of a service if this is attributable to a Force Majeure Event including, without limitation, strikes, unforeseen events, heavy weather, acts or omissions of a governmental body or public telephone operators or other competent authority.