TERMS & CONDITIONS OF USE

Welcome to our web site (“www.nackiye.com”). These General Terms and Conditions of Use govern the access to and use of www.nackiye.com. The access to and use of this web site as well as the purchase of products on www.nackiye.com are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you.


Request for further information can be made through our Customer Care or sent to the address: info@nackiye.com If you need any assistance, go to the Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on www.nackiye.com, tips and other general information on the services provided by www.nackiye.com.


For any other legal information, go to the sections: General Terms and Conditions of Sale, Return Policy and Privacy Policy of www.nackiye.com. Nackiye may amend or simply update all or part of these General Terms and Conditions of Use. Any amendment or update of the General Terms and Conditions of Use shall be posted for our users on the Home Page of www.nackiye.com as soon as such amendments or updates have been made and shall be binding as soon as they are published on the web site in this section. Therefore, you should regularly access this section on the web site in order to check the publication of the most recent and updated General Terms and Conditions of Use of www.nackiye.com. If you do not agree to all or part of the www.nackiye.com’s General Terms and Conditions of Use, please do not use our web site.


The access to and use of www.nackiye.com, including display of web pages, communication with Nackiye, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of www. nackiye.com and its contents. Nackiye shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Nackiye’s liability for intentional torts and gross negligence.


In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.


PRIVACY POLICY


Please read the Privacy Policy [here], which also applies in the event that users access to www.nackiye.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.nackiye.com collects and uses your personal data.


INTELLECTUAL PROPERTY RIGHTS



All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of Nackiye and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Nackiye as the case may be.


Nackiye shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Nackiye shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.


Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Nackiye shall be carried out by you for lawful purposes only and in compliance with all applicable laws.


LINKS TO OTHER WEB SITES


www.nackiye.com may contain links to other web sites which are in no way connected to www.nackiye.com. Nackiye does not control or monitor such third party web sites or their contents. Nackiye shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on www.nackiye.com and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. www.nackiye.com provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When Nackiye provides links to other web sites, Nackiye does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.


LINKS TO WWW.NACKIYE.COM


Please, contact Nackiye at the following e-mail address: info@nackiye.com if you are interested in linking the Home page of www.nackiye.com and other web pages which can be publicly accessible. You are requested to contact Nackiye for requesting our consent to linking www.nackiye.com. Nackiye will grant links to www.nackiye.com free of charge and on a non-exclusive basis. Nackiye is entitled to object to certain links to its web site in the event that the applicant who intends to activate links to www.nackiye.com has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made unfair competition activities vis-à-vis the Nackiye or its suppliers, or when Nackiye fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.nackiye.com or to use unauthorized meta-tags without Nackiye’s consent.


DISCLAIMERS ON CONSENT


Nackiye does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Turkey. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access this web site and, where you nonetheless choose to access it, we hereby inform you your use of the services provided by www.nackiye.com shall be your exclusive and personal responsibility. Nackiye has also adopted measures to ensure that the content of www.nackiye.com is accurate and does not contain any incorrect or out-of-date information. However, Nackiye cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.


Moreover, Nackiye cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please contact our Customer Care by visiting our Customer Care area or write to the following e-mail address: info@nackiye.com. A Nackiye representative will be at your disposal to assist and help you to restore your access to the web site, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. The dynamic nature of the Internet and web content may not allow www.nackiye.com to operate without any suspensions, interruptions or discontinuity due to updating the web site. Nackiye has adopted adequate technical and organizational security measures to protect services on www.nackiye.com, integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of www.nackiye.com, and to avoid unauthorized or unlawful access to such data and information.


OUR BUSINESS POLICY


Nackiye has adopted a business policy; its mission consists of selling products through its services and its web site to “consumer” only. “Consumer” shall mean any natural person who is acting on www.nackiye.com for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on www.nackiye.com. Nackiye shall be entitled to object to the processing of purchase orders from persons other than consumers and to any other purchase order which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.


TERMS & CONDITIONS OF SALE


This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.


These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.


If you do not accept these Terms, you should not order any products from our site:


You should print a copy of these Terms or save them to your computer for future reference.


We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.


These Terms, and any Contract between us, are only in the English or Turkish language.


INFORMATION ABOUT US


We operate the website www.nackiye.com. We are BDK Moda Tasarim Danismanlik Arastirma Ltd. Sti with its registered offices at Harbiye Mah. Mim Kemal Oke Cad. No: 14/6, Sisli, 34367 Istanbul, Turkey. We are registered in Istanbul Turkey with company number 753367, MERSIS nr. 0160065048700018 (trading as Nackiye) To contact us, please see our Contact Us page.


OUR PRODUCTS


The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.


Although we have made every effort to be as accurate as possible, sizes, and measurements may vary.


The packaging of the Products may vary from that shown on images on our site.


All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.


USE OF OUR SITE


Your use of our site is governed by our Terms of website use policy. Please take the time to read these, as they include important terms which apply to you.


HOW WE USE YOUR PERSONAL INFORMATION


We only use your personal information in accordance our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.


HOW THE CONTRACT IS FORMED BETWEEN YOU AND US


To order products from our website, please use the following instructions:
1. When on the page for the particular product you want to order, please select a size and click the Add To Shopping Bag button;
2. Once you have chosen all of the products you would like to order, click the Shopping Bag button in the top right hand corner;
3. Once on your Shopping Bag page, please click the Proceed to Check-Out button. You will then either be asked to sign in if you have already ordered and enter a few necessary details if you are a new customer. Click the relevant Checkout button;
4. One the Checkout page, please enter the necessary billing and shipping address details, before clicking Save & Continue;
5. Then please fill out your shipping and payment details, before clicking Save & Continue;
6. Once you have provided all the necessary details, you may review your order details before clicking Complete My Order and sending your order to be processed.


Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.


After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.


We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.


If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.


OUR RIGHT TO VARY THESE TERMS


We may revise these Terms from time to time in the following circumstances:


  1. changes in how we accept payment from you;
    b. changes in relevant laws and regulatory requirements;
    c. other circumstances at our discretion.

Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.


Whenever we revise these Terms we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.


YOUR CONSUMER RIGHT OF RETURN AND REFUND


Please read our Return Policy [here].


DELIVERY


Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.


Delivery will be completed when we deliver the Products to the address you gave us.


If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.


The Products will be your responsibility from the completion of delivery.


You own the Products once we have received payment in full, including all applicable delivery charges.


INTERNATIONAL DELIVERY


We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.


If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.


You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.


PRICE OF PRODUCTS AND DELIVERY CHARGES


The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, we will proceed as below:


  1. where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
    b. if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.


The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in Turkey for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.


The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page.


HOW TO PAY


You can only pay for Products using a debit card or credit card. We accept the following cards: Visa, MasterCard, American Express, Visa Debit, Visa Delta, Electron and JCB cards, and any other methods which may be clearly advertised on our site from time to time.


Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.


OUR LIABILITY


If we fail to comply with these Terms, 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. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.


We only supply the Products for private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.


We do not in any way exclude or limit our liability for:


  1. death or personal injury caused by our negligence;
    b. fraud or fraudulent misrepresentation.

EVENTS OUTSIDE OUR CONTROL


We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or large and unusual fluctuations in the price of cotton, wool, silk and other component parts of the Product.


If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:


  1. we will contact you as soon as reasonably possible to notify you; and
    b. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

COMMUNICATIONS BETWEEN US


When we refer, in these Terms, to “in writing”, this will include e-mail.


If you are a consumer:


  1. To cancel a Contract in accordance with your legal right to do so as set out in clause 8 you must contact us in writing by sending an e-mail to customercare@nackiye.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail to us.
    b. If you wish to contact us in writing for any other reason, you can send this to us by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

OTHER IMPORTANT TERMS


We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.


You may only transfer your rights or your obligations under these Terms to another person if we agree in writing:


This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts or otherwise.


Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.


If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.


These Terms are governed by Turkish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Turkish law. You and we both agree to that the courts of Istanbul will have exclusive jurisdiction.