DISTANT SALE CONTRACT
2. INFORMATION ON THE SELLER
(hereinafter referred to as Simi Underwear)
Address: Tarabyaüstü, İSTANBUL / TURKEY
Merchandise availability on our Site is not guaranteed as it may be low in stock. When there is a shortage of supply or when the product is no longer in stock, Simi Underwear reserves the right to inform the Customer about similar products of similar or different categories and values that he can order. If the customer does not want to order replacement products, Simi Underwear will give you a full refund by way of the original payment method.
Simi Underwear reserves the right to to withdraw any product from the website and/or remove or correct any material or content. Simi Underwear makes all reasonable efforts to process all orders submitted to it. However, if it becomes impossible to provide the product or service that is the subject of the contract due to the event of unusual circumstances, and Simi Underwear is unable to fulfill its obligations, they shall notify this. Simi Underwear reserves the right to supply (with the consent of) the Customer a different product with the same quality and price.
Simi Underwear delivers the orders of the purchased products within the delivery date specified in the Delivery Confirmation. If the supply of products is delayed under circumstances out of control of Simi Underwear, it notifies the customer as soon as possible and takes measures to minimize the impact of the delay. When there is a serious risk of delay, the Customer can reach Simi Underwear and terminate the Contract and ask for a full refund.
7.UNABLE TO DELIVER
Once your order has arrived in your country, it will be passed on to an internal postal service, according to standard delivery procedures. If you're not in when your parcel arrives, the carrier will leave a card telling you where it is. It might be left in a safe place or there will be details on how to pick up your order or rearrange delivery. If delivery is not possible, the Contract will be terminated and all payments received from the Customer, will be returned to the Customer within fourteen (14) days of the termination of this Agreement.The Customer should be aware that the shipping process resulting from the termination of the Contract may have additional costs and that Simi Underwear reserves the right to reflect this cost to the Customer.
8. RISK AND TITLE
Simi Underwear is responsible for making sure the product that is the subject of the contract is delivered in good condition, in full, according to the features specified in the order and with any warranty and user instructions if any. The ownership of the products passes to the Customer from the delivery of the product in question to the Customer or to the person at the delivery address.
9.PRICE AND PAYMENT
The price of the products is as determined on the website. Although Simi Underwear does its best to make sure all prices on the website are correct, errors can occur in this regard. In case of an error in the price of the products ordered by the Customer, Simi underwear informs the Customer as soon as possible and gives the Customer the options to approve the order at the correct price or to cancel the order. If the Customer can not be reached by Simi Underwear, a full refund will be made by way of the original payment method. If the pricing error is obvious, Simi Underwear reserves the right to cancel the Contract even after sending a Delivery Confirmation to the Customer. VAT and taxes are included in the prices on the website, but the delivery fee is not included, and this fee will be automatically at the checkout page when both the destination and delivery service are selected. Prices may change at any time, but if an Order Confirmation is sent to the Customer, the price changes will not affect the orders. When the customer completes the shopping, all the products he/she wants to buy are added to the shopping cart, the next step is to finish the order and pay. To do this, the Customer must follow the steps regarding the purchasing process, complete or confirm the information requested at each step. In addition, Customer may make changes to order details during the purchase process, prior to the payment process. After the order is completed, before the payment is confirmed, the Customer will review an order summary including the basic qualities of the purchased product, the total price of the product, including all taxes and shipping costs. Payments are made through credit cards and debit cards using the payment methods shown on the website and in applications. In order to prevent unauthorized access, the customer's credit card information is encrypted. When the customer clicks the "Payment Confirmation" button, he/she confirms to be the legal holder of the credit card used. Credit cards are subject to verifications and authorizations by the card issuer; However, if the payment is not authorized by the institution that issued the Customer's card, Simi Underwear will not be obliged to complete the Contract and deliver goods.
The invoice is issued and sent to the Customer with the delivery.
11. BUYING AS A GUEST
The customers are allowed to make purchases without being a member. The customer must only fill in the the necessary information is required to process the order.(Including Contact Information for Delivery.)
12. VAT PRICING
In accordance with the provisions of the legislation, all prices are VAT inclusive on Simi Underwear.
13. RETURNS POLICY
The customer has the right to return the products purchased within four (14) days of the Contract. In order to exercise this right of withdrawal, the Customer can contact Simi Underwear via contact form on the website or sending an e-mail to email@example.com including the order number and indicate the reason for return. If the customer wants to return the purchased product after it arrives, the product price will be refunded and shipping costs are not refunded unless the items are faulty. If returning goods from outside of Turkey, please ensure the package is sent on a tracked service or with ‘proof of postage’. International customers are responsible for the cost of the return delivery and all returned goods remain the responsibility of the customer until they reach us. Please note that the products must be in perfect condition, including the inner labels. The refund will be issued to the original credit card used to place the order and the refund period will depend on customer’s bank.
14. LIABILITY AND DISCLAIMER
Simi Underwear offers products only for individuals and personal use. If the Customer uses the products for any commercial, business or resale purposes, Simi Underwear will not be liable to the Customer for any gain, business loss, business interruption or loss of business opportunity. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, Simi Underwear does not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights. Simi Underwear guarantees that any product purchased by the Customer from this website is of a satisfactory quality and is reasonably suitable for all purposes of its type products. The products Simi Underwear sells (including handmade products) have the natural properties of the materials generally used and natural features such as texture and color variations should not be classified as errors or defects. Inconsistencies in these natural properties should be anticipated and justified. Although Simi Underwear chooses only the best quality products, variations due to natural features are inevitable and should be considered as part of the product's own identity.
15. INTELLECTUAL PROPERTY
The Customer agrees that the copyright, trademarks and all other intellectual property rights in all materials and content presented as part of the website always belong to Simi Underwear. No Material available on the website (Simi Underwear, with the general appearance and design of this website and mobile application, all the information, photos, www.simiunderwear.com domain name, logo, icon, demonstrative, written, electronic, graphic including technical data, computer software, applied sales system, business method and business model, and or mobile version may not be modified, copied, reproduced, translated into another language, republished, installed on another computer, mailed, transmitted, presented or distributed without prior consent and without reference. The whole or part of the website or mobile application cannot be used on another website without permission. Such actions require legal and criminal liability.
16. PROHIBITED USES OF SITE
The customer cannot use this web site in any way to disrupt the public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe on the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that may prevent or complicate other member’s use the services. The customer must not misuse or tamper with this website or apps or other services (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise damage functionality of this website or steal customers’ data. Simi Underwear will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities. We recommend you use virus protection software when using any website, including ours. Although we have a dedicated team who work hard to stop people messing with our Website, we can’t guarantee that it will always be secure from bugs, viruses or trouble-makers.
17.LINKS FROM OUR WEBSITE
Simi Underwear may have links to other third party websites or materials; such links are provided exclusively for information purposes. Simi Underwear accept not liability for any loss or damage which may arise from the use of such links.
When the customer uses the website, he/she agrees that communication with Simi will basically be done via web form. Simi Underwear may give notice to the customer at either the e-mail or postal address provided when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract between the Customer and Simi Underwear is binding on the Customer and Simi Underwear and its respective successors and assigns. The customer may not transfer, assign, charge or otherwise dispose of a Contract, or any of their rights or obligations arising under it, without Simi Underwear’s prior written consent. Simi Underwear may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect the Customer’ statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by Simi Underwear to the customer, whether express or implied.
20. EVENTS OUTSIDE OUR CONTROL
Simi Underwear shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
If Simi Underwear fails to insist with strict performance of its obligations under the Contract or any of these terms and conditions or to exercise any of the rights or remedies to which we are entitled under the Contract at any time during the term of a Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve the Customer from compliance with such obligations. A waiver by Simi Underwear of any default shall not constitute a waiver of any subsequent default. No waiver by Simi Underwear of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing in accordance with the provision.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
23.OUR RIGHT TO VARY THESE TERMS
Simi Underwear has the right to revise and amend these Terms of the Contract from time to time. The Customer will be subject to the policies and Terms in force when they order products from the website, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case it will apply to orders previously placed by the customer.
24.LAW AND JURISDICTION
Simi Underwear has the right to revise and amend these Terms of the Contract from time to time. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Turkish courts. In case a dispute arises regarding the agreement between Simi Underwear and the Client, the client may do the necessary applications to the authorised Consumer Court or to the Arbitration Committee for Consumer Problems.
25.QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage or mail us at firstname.lastname@example.org.