Terms of service
Overview
Welcome to NOTSOTYPICAL AGENCY. The terms “we”, “us” and “our” refer to NOTSOTYPICAL AGENCY. NOTSOTYPICAL AGENCY operates this store and website, including all related information, content, features, tools, products and services (the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services. Please read them carefully.
Nothing in these Terms affects your mandatory statutory rights as a consumer under the laws of the Republic of Cyprus and the European Union. Where any provision of these Terms conflicts with a mandatory consumer-protection right that cannot lawfully be excluded or limited, that statutory right prevails.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.
Section 1 - Who We Are (Trader Information)
In accordance with EU and Cypriot consumer-information requirements, our trader details are:
- Registered business name: NOTSOTYPICAL AGENCY
- VAT registration number: 00994146E
- Email: notsotypicalagency@gmail.com
You can contact us using the details above for any question relating to your order or these Terms.
Section 2 - Access and Account
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you are using the Services with the consent and under the supervision of a parent or guardian. You are responsible for any minors you permit to use the Services on devices you control.
To use the Services you may be asked to provide information such as your email address and billing, payment and delivery details. You confirm that the information you provide is accurate, current and complete, and that you are entitled to provide it.
You are responsible for maintaining the security of your account credentials and for activity under your account. You may not transfer, sell, assign or license your account to another person.
Section 3 - Our Products
We make every effort to describe and display our products accurately. However, colors and product appearance may differ from how they appear on your screen due to your device and its settings. Minor variations of this kind do not affect your statutory rights in relation to goods that are faulty or not as described.
Product descriptions may change at any time. We may discontinue any product and may limit the quantities we offer to any person, region or jurisdiction.
Section 4 - Orders
When you place an order you are making an offer to purchase. Your order is accepted only when we confirm acceptance (for example by a dispatch or order-confirmation email); at that point a contract is formed between you and us. We must receive and process your payment before an order is accepted.
We may decline or cancel an order for legitimate reasons, for example if the product is unavailable, if there was a pricing or description error, or if we suspect fraud. If we cancel an order after payment, we will refund you in full without undue delay. We will attempt to notify you using the contact details you provided.
Your purchases are subject to return, withdrawal and refund in accordance with Section 5 (Right of Withdrawal), Section 6 (Faulty or Incorrect Goods) and our Refund Policy.
Section 5 - Right of Withdrawal (14-Day Cooling-Off Period)
If you are a consumer purchasing at a distance (for example online), you have the right to withdraw from your purchase within 14 days without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU) as implemented in Cyprus.
The withdrawal period expires 14 days from the day on which you (or a third party you nominate, other than the carrier) acquire physical possession of the goods. Where goods are delivered in multiple parts, the period runs from receipt of the last item.
To exercise the right, you must inform us of your decision to withdraw by a clear statement (for example by email using the details in Section 1) before the withdrawal period expires. You may use the model withdrawal form set out at the end of these Terms, but this is not obligatory.
Effect of withdrawal
You must send the goods back without undue delay and in any event within 14 days of notifying us. You bear the direct cost of returning the goods unless we have agreed otherwise. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
We will reimburse all payments received from you, including the standard cost of delivery, without undue delay and no later than 14 days from the day we are informed of your decision to withdraw. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them, whichever is earlier. Reimbursement will be made using the same means of payment you used, at no cost to you.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to certain goods, to the extent permitted by law, including: goods made to your specifications or clearly personalised; goods liable to deteriorate or expire rapidly (such as perishable goods); sealed goods which are not suitable for return for health-protection or hygiene reasons and were unsealed after delivery; and goods which, after delivery, are inseparably mixed with other items. Please contact us if you are unsure whether an item qualifies.
Section 6 - Faulty, Damaged or Incorrect Goods
Please inspect your order on receipt and contact us as soon as possible if an item is defective, damaged, or if you receive the wrong item, so that we can put things right.
Independently of the right of withdrawal in Section 5, you benefit from the legal guarantee of conformity under EU and Cypriot law (Directive (EU) 2019/771). Goods must conform to the contract, and we are liable for any lack of conformity that becomes apparent within a minimum of two years from delivery. Where goods are faulty or not as described, you are entitled to have them repaired or replaced and, where appropriate, to a price reduction or a refund, in accordance with the law. These rights are provided free of charge and cannot be excluded.
Section 7 - Exchanges
If you would like a different item, the quickest approach is to exercise your withdrawal right (Section 5) or return a faulty item (Section 6) and place a separate order for the item you want. This does not limit any statutory right.
Section 8 - Prices and Billing
The total price of goods, inclusive of applicable VAT, is shown before you complete your order. Any delivery, handling or other charges are shown separately before you confirm your purchase, so that you see the total amount payable. Prices may change, but the price that applies to your order is the price displayed at the time you place it and confirmed in your order confirmation.
You agree to provide accurate and complete payment and account information, and to keep it up to date. You confirm that you are authorized to use the payment method provided and that it will honor the charges incurred.
Section 9 - Shipping and Delivery
Delivery times shown are estimates. Where we have not agreed a specific delivery date with you, we will deliver without undue delay and, unless agreed otherwise, within 30 days of the conclusion of the contract, as required by EU consumer law. If we fail to deliver within that time (or any additional period agreed with you), you may be entitled to cancel and receive a refund.
For consumer purchases, the risk of loss or damage to the goods passes to you when you (or a third party you nominate, other than the carrier) take physical possession of the goods. We are not responsible for delays caused by carriers, customs processing or events outside our reasonable control, but this does not affect your statutory rights described above.
Section 10 - Intellectual Property
Our Services, including all trademarks, brands, text, images, graphics, product reviews, video and audio, and their selection and arrangement, are owned by NOTSOTYPICAL AGENCY, its affiliates or licensors and are protected by EU, Cypriot and other applicable intellectual-property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by mandatory law. All rights not expressly granted are reserved.
NOTSOTYPICAL AGENCY’s names, logos and slogans are our trademarks and may not be used without our prior written permission. Shopify’s marks are trademarks of Shopify. All other marks are the property of their respective owners.
Section 11 - Optional Third-Party Tools
We may give you access to third-party tools that we neither monitor nor control. These are provided “as is” and “as available”, and your use of them is at your own discretion and subject to the relevant third party’s terms. This does not limit any liability that cannot be excluded under applicable law.
Section 12 - Third-Party Links
The Services may contain links to third-party websites or materials. We are not responsible for the content or accuracy of third-party materials, and accessing them is at your own risk. Please review the relevant third party’s terms and policies. This does not affect any liability we may have under mandatory law.
Section 13 - Relationship with Shopify
Our store is powered by Shopify. Any purchases you make are made directly with NOTSOTYPICAL AGENCY, and we remain responsible to you for those purchases in accordance with these Terms and applicable law. Shopify is not the seller of the products offered in our store.
Section 14 - Privacy and Data Protection
We process personal data in accordance with the EU General Data Protection Regulation (GDPR) and Cypriot data-protection law. Our Privacy Policy explains what personal data we collect, why, the legal basis for processing, how long we keep it, and your rights (including access, rectification, erasure, restriction, portability and objection) and how to exercise them or lodge a complaint with the Office of the Commissioner for Personal Data Protection in Cyprus.
Because the Services are hosted by Shopify, Shopify processes personal data relating to your use of the Services as described in Shopify’s privacy policy. Personal data may be transferred to and processed in other countries subject to appropriate safeguards under the GDPR.
Section 15 - Feedback
If you submit ideas, suggestions, reviews or other content (“Feedback”), you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute and display that Feedback for our business purposes, including operating and promoting the Services. You confirm that you own or have the rights to the Feedback, that you have disclosed any incentives received, and that the Feedback complies with these Terms and does not infringe any third-party rights or contain unlawful, abusive or malicious content.
We may (but need not) monitor, edit or remove Feedback that we reasonably consider unlawful or objectionable or that infringes any rights or these Terms.
Section 16 - Errors, Inaccuracies and Omissions
Occasionally information in the Services may contain typographical errors, inaccuracies or omissions relating to descriptions, pricing, promotions, charges, delivery times or availability. We may correct any such errors and update information or cancel affected orders, even after an order has been submitted, provided we notify you and refund any amount you have paid where an order is cancelled. Where a price was obviously incorrect and you could reasonably have recognized the error, we are not obliged to supply at the mistaken price.
Section 17 - Prohibited Uses
You may use the Services for lawful purposes only. You must not use the Services: for any unlawful or malicious purpose; to breach any applicable EU, Cypriot or other law; to infringe intellectual-property or other rights; to harass, abuse or harm any person; to transmit false or misleading information or unsolicited advertising; to impersonate any person or entity; or in any way that could damage or impair the Services or expose us or others to liability.
You also agree not to: upload viruses or malicious code; reproduce, copy or exploit any part of the Services beyond permitted personal use; collect others’ personal information; or interfere with, bypass or circumvent security features of the Services. We may suspend or terminate access where we reasonably determine that you have materially breached these Terms.
Section 18 - Automated Agents
This section applies if you deploy any software agent that accesses or interacts with the Services autonomously or semi-autonomously (an “Agent”). We may limit, including by technical means, whether and how Agents access the Services.
Agents must identify themselves as such in their request headers, must not conceal that access is automated, must respond truthfully when asked whether interactions are automated, and must not circumvent measures we use to control automated access. This section does not restrict accessibility or assistive technologies used by individuals with disabilities.
Section 19 - Termination
We may suspend or terminate your access to the Services where you have materially breached these Terms or where required by law. Termination does not affect any accrued rights or liabilities, including your statutory rights in respect of goods already purchased. Sections that by their nature should survive termination (including Intellectual Property, Feedback, Limitation of Liability, Indemnification, Severability, Governing Law and Privacy) will continue to apply.
Section 20 - Disclaimer of Warranties
Information presented through the Services is provided for general information only, and we do not warrant its completeness or accuracy for your particular purpose. To the extent permitted by law, and except as expressly stated in these Terms, the Services and their content are provided “as is” and “as available”.
Nothing in this section limits or excludes the legal guarantee of conformity for goods (Section 6), your right of withdrawal (Section 5), or any other mandatory consumer rights under Cypriot or EU law, all of which continue to apply in full.
Section 21 - Limitation of Liability
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. In particular, we do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for our liability under product-liability law, or for any breach of your statutory consumer rights.
Subject to the paragraph above, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Where you use the Services as a business rather than a consumer, our total liability to you is limited to the amount paid for the relevant products, and we exclude indirect and consequential loss to the fullest extent permitted by law.
Section 22 - Indemnification
If you use the Services in the course of a business, you agree to indemnify us and our affiliates against losses, liabilities and reasonable costs arising from your breach of these Terms, your violation of any law or third-party right, or your misuse of the Services. This indemnity does not apply to consumers acting outside a trade, business or profession, whose liability is governed by general law.
Section 23 - Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision applies to the maximum extent permitted, and the remaining provisions continue in full force.
Section 24 - Waiver and Entire Agreement
Our failure to enforce any right or provision is not a waiver of it. These Terms and any policies we post form the agreement between you and us regarding your use of the Services, without limiting any mandatory statutory rights you have as a consumer.
Section 25 - Assignment
You may not assign or transfer your rights or obligations under these Terms without our consent. We may assign or transfer our rights and obligations provided this does not reduce the protections you have as a consumer.
Section 26 - Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Cyprus. As a consumer, you also benefit from any mandatory provisions of the law of your country of habitual residence, and this choice of law does not deprive you of that protection.
Disputes may be brought before the competent courts of Cyprus; however, if you are a consumer resident in another EU member state, you may also bring proceedings in, and may be sued only in, the courts of your country of residence, in accordance with EU rules on jurisdiction.
The European Commission provides an Online Dispute Resolution (ODR) platform for the out-of-court resolution of consumer disputes, available at https://ec.europa.eu/consumers/odr. You may also contact the competent consumer-protection authority in Cyprus (the Consumer Protection Service of the Ministry of Energy, Commerce and Industry).
Section 27 - Changes to These Terms
You can review the current version of these Terms on this page at any time. We may update these Terms, and we will notify you of material changes in accordance with applicable law. Changes do not apply retroactively to orders already placed, and your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Section 28 - Contact Information
Questions about these Terms should be sent to us using the trader details in Section 1.