PRELIMINARY INFORMATION
1- INTRODUCTION
This document (together with all other documents mentioned below) sets out the terms and conditions governing the use of the website and the purchase of products through this website (hereinafter referred to as the “Conditions”). Before using the website, the customer should read the Conditions, our Cookie Policy, and our Privacy Policy (collectively referred to as the “Cookies and Privacy Policy”). By using this website or placing an order through the website, you, our valued customer, acknowledge, declare, and undertake that you expressly consent to comply with these Conditions, Cookies, and Privacy Policy. If the customer does not agree to all the Conditions and the Cookies and Privacy Policy, they should not use the website. These Conditions and the Cookies and Privacy Policy are subject to change. It is the customer’s responsibility to read them regularly, and the “Conditions and Cookies and Privacy Policy” in effect when the customer uses the website or forms the contract (as explained below) will apply to the customer.
2- OUR INFORMATION
The sale of goods through this website is carried out by XCLUSİVE STORE İTHALAT İHRACAT VE TİCARET LİMİTED ŞİRKETİ (the Company), a Turkish company located at “Maslak Mah. Maslak Meydan Sok. Beybi Giz Plaza A Blok No: 1/99 Kat: 26-27 Sarıyer/İstanbul”, registered with the Maslak Tax Office under tax identification number 8331209323. The Company can be reached at 05421223267.
3- YOUR INFORMATION AND VISITS TO THE WEBSITE
The customer must share their personal information in order to purchase the desired product. The information or personal data you share with the Company will be processed in accordance with the Privacy Policy. By using the website, the customer confirms that all information shared with the Company is accurate and true, and is deemed to have accepted the processing of this information and personal data. If the customer expressly declares their interest to the Company, the Company may inform the customer about the latest collections, catalogs, campaigns, and special offers via mail, e-mail, and/or SMS.
4- USE OF THE WEBSITE
By using the website and/or placing any order through the website, the customer;
a)Agrees to use the website only for legitimate requests or orders,
b)Agrees not to place unrealistic, false, or fraudulent orders; acknowledges that the Company has the right to cancel the order and inform the relevant authorities if the Company has a reasonable belief that such an order has been placed,
c)Acknowledges, declares, and undertakes to provide the Company with accurate and up-to-date e-mail, postal, and/or other contact information, and that the Company may use this information to contact the customer if necessary. If the customer does not provide the Company with all the information needed to complete the order, the Company may not be able to complete the order. By placing an order through the website, the customer confirms that they are at least 18 years old and legally capable of entering into a binding contract.
5- AVAILABILITY OF SERVICES
The products offered on this website can be delivered within and outside the Republic of Türkiye. However, the provisions regarding domestic delivery times do not apply to product deliveries to be made abroad.
6- ESTABLISHMENT OF THE DISTANCE SALES AGREEMENT
To place an order, the customer must follow the online purchase process and click the “Confirm Payment” option. After doing so, the customer will receive an e-mail confirming that the order has been received (Order Confirmation). A subsequent e-mail will notify the customer that the order has been accepted and is being shipped (Delivery Confirmation). If such confirmation is not provided to the customer by the Company, the contract shall be deemed not to have been established.
7- AVAILABILITY OF PRODUCTS
All orders are subject to availability of stock. In the event of supply difficulties or if the product is no longer in stock, the Company reserves the right to inform the customer about substitute products of a similar or different category and value that they can order. If the customer does not wish to order substitute products, the Company will refund the amount paid for the unwanted substitute product.
8- REFUSAL OF ORDER
The right to withdraw any product from the www.terralope.com.tr website and/or remove or correct any material or content on the website is always reserved. Although the Company will make every reasonable effort to process all orders submitted to it, it always reserves the right to refuse to fulfill or approve an order if unusual circumstances occur after receiving an order or sending the customer an “Order Confirmation”. The Company shall not be liable to the customer or any third party for withdrawing any product from the website, removing or correcting any material or content, or refusing to fulfill or approve an order after receiving the order or sending the “Order Confirmation”.
9- DELIVERY
Subject to availability in stock (see clause 7 above) and unless there are any unusual circumstances, the Company will deliver the orders for the products listed in the Delivery Confirmation to the cargo company within 3 business days for domestic orders and within 3-7 business days for orders placed from abroad. Since the delivery of domestic orders will be carried out through “Yurtiçi Kargo” and the delivery of orders placed from abroad will be carried out through “DHL”, the delivery of the ordered products will be carried out in any case within 30 (thirty) days at the latest, although it varies depending on the distribution periods of these companies in the region. If the supply of the products is delayed due to a situation beyond the Company’s control, the Company will inform the customer of the situation as soon as possible and take measures to minimize the impact of the delay. The Company shall not be liable for delays caused by a situation beyond its control. However, in the event of a very serious risk of delay, the customer may contact the Company to terminate the contract and the customer may get their money back for the products they have paid for but not received.
10- FAILURE TO DELIVER
If delivery is not possible, the product(s) will be returned to the warehouse. If delivery is not possible, the customer will be informed about where the product subject to the order is and how the delivery can be prepared again. If the customer is not at the delivery location at the agreed time, they must contact the cargo company contracted by the Company to arrange the delivery again on another suitable day to be agreed upon. If the product subject to the order is brought to the delivery address and the delivery does not take place for a reason not caused by the Company, and the customer does not contact the Company or the cargo company contracted by the Company for delivery within fifteen (15) days following this, the contract may be terminated on the grounds that the customer has acted in breach of the contract. As a result of the termination of the contract, the Company will refund to the customer all payments received from the customer, including delivery costs (excluding additional costs arising from any delivery method requested by the customer other than the usual delivery method offered by the Company), without any unreasonable delay, in any case, within fourteen (14) days after the termination of this contract. The customer acknowledges that the shipping process resulting from the termination of the contract may have an additional cost and that the Company has the right to reflect this cost to the customer, and the Company reserves all other rights regarding deducting these costs from the fee to be refunded to the customer and regarding these costs.
11- RISK AND OWNERSHIP
As long as the customer accepts the delivery with the courier/cargo company determined by the Company, all kinds of benefits and damages related to the products until delivery will be under the responsibility of the Company. Ownership of the products passes to the customer upon delivery of the product in question to the customer or the person at the delivery address.
12- PRICE AND PAYMENT
The price of the products is as determined on the website. Although the Company does its best to ensure that all prices on the website are accurate, errors may occur in this regard. If there is an error in the price of the products ordered by the customer, the Company will inform the customer as soon as possible and offer the customer the option to confirm the order at the correct price or cancel the order. If the Company cannot reach the customer, the order will be considered canceled and the amount paid for the products will be refunded to the customer. If the pricing error is obvious and definite and it can be understood that the product price recorded on the website is an obviously incorrect price, the Company will not be obliged to complete the sale of the products to the customer at the incorrect (lower than it should normally be) price (even after sending the customer a delivery confirmation). Prices on the website include VAT and taxes, but do not include delivery charges, and this fee will be added to the total amount to determine the total order fee. Prices are subject to change at any time, but (except as stated above) price changes will not affect orders for which an “Order Confirmation” has been sent to the customer. For this reason (except for the situation mentioned above), prices for previous orders are not allowed to be re-arranged. When the customer completes the shopping, all the products they want to buy are added to the shopping cart, and the next step is to finalize the order and make the payment. To do this, the customer must follow the steps related to the purchase process and complete or confirm the information requested at each step. In addition, the customer can make changes to the order details before the payment process during the purchase process. Payments are made using the payment methods shown on the website. The payment will be collected by the Company at the moment the order is confirmed. When the customer clicks the “Payment Confirmation” button, they confirm and approve that they are the owner of the credit card or debit card used if payment is made by card. The customer can change the details of the order before making the payment during the purchase process. You must choose a payment method before placing an order. The order will be deemed to have been placed by clicking the button on the website regarding the payment confirmation for the order, and you will be under the obligation to pay if the order is placed. Payment can be made via the payment tools, credit cards and debit cards shown on the website.
13- INVOICE
An invoice is issued and sent to the customer together with the delivered products at the latest. The Company reserves the right to apply other procedures in accordance with the e-invoice/e-archive legislation regarding the invoice.
14- PURCHASE WITHOUT BEING A MEMBER
It is also possible to purchase products on the website without being a member. In such a purchase, only the information necessary for processing the order is requested from the customer. When the customer completes the purchase process, they are offered the option to register as a user or continue as a user without registering.
15- VALUE ADDED TAX
In accordance with the provisions of the applicable legislation, all sales transactions made from the website are subject to Value Added Tax (VAT), excluding the applicable final exemptions subject to the customer’s approval.
16- RETURN POLICY
16-1) Legal Right of Withdrawal Right of Withdrawal
The customer has the right to withdraw from the contract within fourteen (14) days following the establishment of the contract, without giving any reason and without paying any penal clause (except for contracts for the product group for which the right of withdrawal cannot be exercised, as specified in article 16.3 below). The purchased products can be returned via domestic cargo within the borders of the Republic of Türkiye, and via DHL abroad. The withdrawal period expires fourteen (14) days after the customer or a third party designated by the customer (other than the courier) takes possession of the products, or fourteen (14) days after the customer or a third party designated by the customer (other than the courier) takes possession of the last product in the event that multiple products are delivered separately with a single order. In order to exercise this right of withdrawal, the customer must notify the Company of their decision to withdraw from the contract by written notice or by other means offered through the website. The customer may send a signed copy of the relevant document to the Company via the channels on www.terralope.com.tr. It is sufficient for the customer to inform the Company that they wish to exercise their right of withdrawal before the expiry of the right of withdrawal period in order to use the right of withdrawal in due time. In case of exercising the right of withdrawal, the return of the product can be made by delivering it to the cargo company in accordance with article 16.3 of this contract within ten (10) days from the date of notification regarding the exercise of the right of withdrawal. If the customer has any questions, they can contact the Company by sending a message from the contact form on the website. The refund will be made without any delay, no later than fourteen (14) days from the receipt of the notification regarding the exercise of the right of withdrawal. Regardless of the customer’s preferred return method, if returns by cargo are not made by a courier chosen by the Company, the extra costs that the Company will be exposed to will not be included in the amount to be refunded to the customer. Following the delivery of your order; if you wish to exercise your legal or contractual right of withdrawal and do not use any of the return options offered by the Company (other than the courier company determined by the company); if you organize the transfer of the products to be returned yourself and send them through your own courier company, you will be fully responsible for the damages and risks that may occur in the said returns due to reasons not caused by the Company, and the Company will definitely not be responsible for such returns. In addition, we would like to inform you that you will be responsible for the content of the return package when you use any of the return options offered by the Company. We would like to inform you that if there is an error in the content of the return package that is not caused by the Company, the package will be returned to you and you will be responsible for the related expenses. In any case, nothing in this article will affect your legal rights. Consequences of exercising the right of withdrawal If the customer terminates the contract, except as otherwise stated in article 16.3, the Company will refund to the customer all payments received from the customer, excluding delivery costs (provided that the additional costs arising from choosing a delivery type other than the standard delivery type, which is the least costly offered by the Company, also belong to the customer). The Company will make the refund using the same payment method that the customer used for the purchase transaction. The customer must return the products to the cargo company determined by the Company without any delay, no later than ten (10) days from the notification of the exercise of the right of withdrawal. The customer must send back or return the products before this ten (10) day period expires. The customer is only responsible for any diminished value of the products resulting from any handling other than what is necessary to establish the nature, characteristics, and functioning of the products.
16-2) Contractual Right of Withdrawal
Apart from the legal right of withdrawal mentioned in article 16.1 above, the customer is granted the right to return the products within thirty (30) days from the date of order shipment without giving any reason (except for the products mentioned in 16.3). In returns to be made within the scope of the contractual right of withdrawal, the expenses incurred regarding the product return are the responsibility of the customer, except for the cases where the return is carried out with the cargo determined by the Company. The customer may exercise the right of withdrawal arising from the contract in accordance with the procedure in article 16.1 above. However, the customer must notify the Company at the end of the period in which the right of withdrawal can be exercised and must deliver the products in any case within thirty (30) days from the date of order shipment. The refund will be made without any delay, no later than fourteen (14) days from the arrival and examination of the products for which the notification regarding the exercise of the right of withdrawal has been made to the Company. The Company will make the refund using the same payment method used for the purchase transaction. If it is seen that the product returned with the claim that it is defective is not defective as a result of the examination made on the product, or if it is determined that the product returned has been damaged by the customer, the fee refund will not be made by explaining the reason to the customer. This right of withdrawal arising from the contract does not affect the legal right of withdrawal.
16-3) General Provisions
(Applicable to both legal and contractual rights of withdrawal, exceptions to the right of withdrawal): The customer cannot exercise the right of withdrawal in contracts regarding the delivery of any of the following products:
- Contracts relating to goods prepared specifically in line with the customer’s wishes or personal needs.
- Contracts relating to the delivery of goods which are not suitable for return in terms of health and hygiene (underwear, swimwear, bikinis, etc.) from goods whose protective elements such as packaging, tape, seal, package have been opened after delivery.
The customer may take and inspect the products to determine their condition, characteristics, and functions after delivery. If the customer’s reviewing action goes beyond an acceptable reasonable level and the products are damaged or their value decreases, the Company may deduct this difference from the refund to be made to the customer during the exercise of the right of withdrawal, or the customer may have to pay the Company an amount equal to the decreased value of the products. The customer must return the products to the Company with their original packaging, instructions, and other documents. In any case, when returning the product, the customer must send the invoice received when the product was delivered or the relevant documents required by the e-invoice/e-archive legislation together with the product. When the customer receives the order, summary information on how to exercise the right of withdrawal will be shared with the customer.
RETURNS
When a product is to be returned through the cargo company designated by the Company, the customer must contact the Company through the form on the website to organize the product delivery process. The customer must send the product in the same package in accordance with the instructions in the “RETURNS” section of the website. If a product is purchased without membership, a return can also be requested via cargo through the contact form section on the website www.terralope.com.tr. None of the above options incur any additional fees for the customer. If the customer does not want to use any of the existing free return methods, they must bear the return costs. If the customer wants to return the products to the Company with the recipient paying the fee, they may be responsible for the costs associated with this. After the Company examines the products, it will inform the customer whether the customer has the right to a refund of the amounts paid. Refunds are made when the right of withdrawal is exercised within the legal period and all products that make up the relevant package are returned. Refunds are made as soon as possible and in any event within fourteen (14) days from the delivery and examination of the products to the Company as a result of the withdrawal request. Refunds are always made using the payment method used in the purchase. The customer is responsible for the risks of returning the products to the Company as specified above.
16-4) Return of defective products
In addition to the customer’s legal rights regarding defective products, the Company offers the following contractual right. If the customer believes that the product is not in conformity with the contract during delivery, the customer must immediately contact the Company regarding the product damage. The customer must return the product with the invoice provided with the product during delivery, via the cargo company designated by the Company. The Company will examine the returned product in detail and send the customer a notification via e-mail within a reasonable time regarding the right to exchange or refund the product (if any). As a matter of routine, refunds or product exchanges are made as soon as possible, and in any event within fourteen (14) days from the date the Company notifies the customer via e-mail that the customer has the right to have the defective product exchanged or refunded. In the case of products returned due to defects, if a defect is found, all payments related to the product are refunded to the customer, including the delivery costs incurred when sending the product to the customer and the costs incurred when the customer returns the product. The refund of the money received from the customer is always made to the credit card that the customer used to make the payment for the order. This provision will not affect your legal rights.
17- RESPONSIBILITY AND DISCLAIMER
The Company is liable to the customer for foreseeable loss and damage caused by its own actions. If the Company fails to comply with these terms, it will be liable for the customer’s losses and damages that are a foreseeable result of breaching the contract or resulting from a lack of reasonable care and skill, but the Company is not responsible for any unforeseeable loss and damage. A loss or damage will be considered foreseeable if it is obvious that it will occur, or if both the Company and the customer knew it could occur when the contract was made, for example, if the customer discussed it with the company during the sales process. The Company will not be held responsible for commercial losses. The Company only offers products for individuals and personal use. If the customer uses the products for any commercial business or resale purposes, the company will not be liable to the customer for any loss of profit, loss of business, business interruption or loss of business opportunity, and the customer agrees, declares and undertakes that it will not hold the Company responsible for its commercial losses. Due to the error potentials in this website and the storage and transmission of digital information, unless expressly stated otherwise on the website, the Company does not have any guarantee commitment regarding the accuracy and security of the information transmitted on or obtained from the website. It is the Company’s contractual obligation to provide the customer with products that comply with the contract. However, without affecting this obligation and to the extent permitted by law, all product descriptions, information and materials published on this website are “as is” and do not include any express, implied or consequential guarantees. When you, as a customer, enter into a contract, the company is responsible for ensuring that the products it sends to the customer are in the following forms in accordance with its legal obligations:
(i) the products comply with the descriptions given by the Company and have the features specified on the website,
(ii) the products are suitable for the ordinary use purposes of similar products, and
(iii) the products show the quality and performance that products of the same type normally have and are reasonably expected from them.
The Company guarantees that any product purchased by the customer from this website is of satisfactory quality and is reasonably suitable for all the purposes for which products of its type generally serve. To the fullest extent permitted by law, but except for those legally excluded from the customer’s perspective, the Company is not responsible for any other express or implied guarantee related to the products on this website. The products sold by the Company generally have the natural characteristics of the materials used in the manufacture of the products. Natural features such as texture, shape, seams and color variations should not be classified as errors or defects. Inconsistencies in these natural characteristics should be expected and reasonably accepted. Although the Company only selects the best quality products, natural characteristics are inevitable and should be considered as part of the product’s own appearance. Nothing in this article affects the customer’s legal rights or the right of withdrawal arising from the contract.
18- RULES REGARDING INTELLECTUAL PROPERTY RIGHTS
The customer acknowledges that the copyright of all material and content presented as part of the website, trademarks and all other intellectual property rights always belong to the Company or its authorized agents. The customer is only allowed to use the content provided in the manner expressly authorized by the Company or its authorized agents. This does not prevent the customer from using the website to the extent necessary to obtain a copy of any order or contract information.
19- VIRUSES, VIRTUAL PIRACY AND OTHER CYBER CRIMES
The customer undertakes to avoid misuse of this website by knowingly uploading viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful. The customer will not attempt to access, block, disrupt, destroy or change the system with unauthorized access to this website, the server hosting this website, or any server, computer or database related to the website. The customer undertakes not to attack the website via a denial of service attack or a distributed denial of service attack. In case of violation of this provision, the customer may have committed a crime subject to criminal proceedings according to the applicable legislation. The Company reports any such violation to the relevant judicial and administrative authorities and cooperates with the relevant institution to reveal the identity of the virtual pirate. Similarly, in the event of such a violation, the customer’s right to use this website will terminate immediately. The Company cannot be held responsible for any loss or damage caused by any denial of service attack, virus or other software and materials that technologically damage the customer’s computer, equipment, data or materials resulting from the use of the website, or caused by the downloading of such content directed by this website.
20- LINKS FROM OUR WEBSITE
The Company’s website may contain links to third-party websites or materials; these links are for informational purposes only and the Company does not have control or responsibility for the content of these websites or materials. Similarly, the Company does not assume liability for any loss or damage that may arise from the use of such links.
21- WRITTEN COMMUNICATION
The applicable legislation requires that some of the information and messages that the Company sends to the customer must be in writing. When the customer uses the website, the customer agrees that the communication with the Company will be done primarily electronically. The Company informs the customer by contacting the customer via e-mail or by posting notifications on the website. The customer declares that they accept this electronic communication method in accordance with the contract and that all contracts, notifications, information and other communication methods presented to the customer electronically comply with any legal requirements that require these communication channels to be in writing. This condition does not affect your legal rights.
22- NOTIFICATIONS
All notifications submitted to the Company must be made in writing. The customer expressly acknowledges and declares that, subject to article 21 and as stated therein, the Company may notify the customer via the e-mail or postal address provided by the customer when placing the order. The notification is deemed to have been duly sent when it is placed on the website immediately, 24 hours after the e-mail is sent, or within 3 days from the date the letter is sent. As proof that the notification has been received, in the case of a letter, the information that the letter was sent to the appropriate address, sealed and delivered to the post office, and in the case of an e-mail, the information that the e-mail was sent to the relevant e-mail address will be sufficient.
23- TRANSFER OF RIGHTS AND OBLIGATIONS
This agreement between the Company and the customer will bind the Company and the customer, as well as their successors. The customer may not transfer, assign, delegate or direct the contract and the rights and obligations arising from it (except for the guarantee) without prior written consent. The Company may request the customer to provide reasonable proof that the person to whom the guarantee is transferred is the current owner of the relevant product; for example, proof of purchase may be provided, or a letter or chain of letters may be received from the first buyer or subsequent buyers (where applicable) stating that they have transferred the rights arising from the guarantee to the new owner of the goods. The Company may transfer, sub-contract or direct the contract, the rights and obligations arising from the contract at any time during the term of the Contract. For the avoidance of doubt, such transfer, assignment, delegation or direction does not affect the consumer’s legal rights and rights under the contract, or cancel, reduce or limit the guarantees or assurances that the Company may have given to the customer explicitly or implicitly.
24- FORCE MAJEURE
The Company cannot be held responsible or liable for events that occur beyond the Company’s control and cause it to be unable to perform or delay any of its obligations under this agreement, and which will therefore be considered as force majeure under the contract. Events beyond the Company’s control include actions, events, non-occurrences, omissions or accidents beyond reasonable control, and in particular include (without limitation):
- Strikes, lockouts or other industrial actions.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of war or preparation for war.
- Fire, explosion, storm, flood, earthquake, collapse, epidemics or other natural disasters.
- Impossibility of the use of railways, sea routes, airways, motor vehicles or other public or private means of transport.
- Impossibility of the use of public or private sector telecommunications networks.
- Actions, decrees, legislation, regulations or restrictions of any government.
- Strikes, collapses and accidents in any cargo, postal or related other transportation businesses.
Any obligation of the Company under any contract is suspended for as long as the event beyond its control continues, and this period is added to the Company’s performance period. The Company will make every reasonable effort to end the event beyond its control or find a solution that will enable it to fulfill its obligations under the contract despite the event beyond its control.
25- WAIVER
The Company’s failure to ensure the full performance of any of the customer’s obligations under the contract or other terms and conditions, or failure to exercise its rights or legal remedies under the contract, does not mean that it has waived these rights or legal remedies and that the customer is exempt from complying with these obligations. Waiver of any default does not constitute a waiver of subsequent defaults arising from the contract or conditions. None of these conditions shall be deemed to have been waived unless the waiver is expressly declared and communicated in writing in accordance with the paragraph in the “Notifications” section above.
26- SEVERABILITY
If any provision of these conditions or the contract is determined to be invalid, illegal or unenforceable by any competent authority, the invalid condition or provision shall be severed from the remaining conditions or provisions and the remainder shall remain valid to the extent permitted by law.
27- OUR RIGHT TO AMEND THE CONDITIONS
The Company has the right to update or amend these conditions from time to time. The customer is subject to the principles and conditions in force when using this website or ordering products from the Company, unless a change is made to them. Any potential change made to the conditions or privacy statement in accordance with the law or the decisions of the competent authorities of the government will also apply to orders previously placed by the customer. This change does not affect the customer’s legal rights.
28- AUTHORIZED COURT
The Company has the right to update or amend these conditions from time to time. The use of the website and contracts for the purchase of products through this website will be subject to the laws of the Republic of Turkey. Istanbul Courts and Enforcement Offices are authorized to resolve any disputes arising from or related to the use of the website or such a contract. If a dispute arises regarding the contract between the Company and the customer, the customer may make the necessary applications to the competent Consumer Court or Consumer Arbitration Committee. Nothing in this article affects the customer’s legal rights in this regard.
29- FEEDBACK
The customer’s comments and feedback are important to the Company. The customer can send all feedback and comments through one of the channels at www.terralope.com.tr.
XCLUSİVE STORE IMPORT EXPORT
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