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Beyoğlu, İstanbul / Turkey

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SERVICE AGREEMENT

 

By accepting this agreement Terms and Conditions, you (hereinafter BUYER) confirm that we iDare LTD Şirketi  (hereinafter VENDOR/We/Shopilive.com) accurately and fully provided the vendor’s contact details, specifications of the ordered products/services, product/service price including taxes, and payment and delivery details, prior to the execution of the purchase order/ shopping package by and between the parties.

 

The BUYER affirms that the information he/she provided in the present article is accurate and represents him/her. The VENDOR shall not be held liable in case the BUYER cannot be accessed through the stated address details; all related liability shall be borne by the BUYER.

 

The product(s) purchased through our service by the BUYER shall be delivered to the BUYER or persons located at the address specified by the BUYER, by the VENDOR’s contracted delivery company, within the 30 (thirty) days of legal respite granted. For any complaints the BUYER may have during the said period, please contact the VENDOR by sending an email to:  contact@shopilive.com.


 

ARTICLE 1. ABOUT ACCESSING AND USING OUR SERVICE

1.1 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

1.2 There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

 

ARTICLE 2. RIGHT OF WITHDRAWAL AND ITS EXCEPTIONS

2.1. The BUYER can exercise the right of Withdrawal (return/exchange) granted to him/her as per the relevant policy of the 3rd party Seller, within 7 (seven) days following the delivery of the product(s) bought through our services and delivered to the address specified by the BUYER. For the BUYER to exercise of the right of Withdrawal he/she must notify the VENDOR in writing within the said period, the product(s) must not be those which do not allow exercising the right of Withdrawal, the purchased products must not be damaged or used outside the scope of ordinary use, in a way precluding the resale of the product.

2.2. Right of Withdrawal does not apply to product(s) which were customized in line with the BUYER’s requests, through modifications, changes, or additions specified by him/her.

2.3. In case the BUYER exercises the right of Withdrawal within 7 (seven) days following the delivery of the products, by notifying the VENDOR in writing, the BUYER shall be required to deliver back the product(s) in the original form (as they were at the time of sale), along with the original copy of the invoice. The BUYER is liable for any changes or breakdowns arising from his/her use of the product(s) in breach of their proper use, mode of operation, technical specifications, and instructions for use during the period granted for the right of Withdrawal; the BUYER shall be liable for any impairment arising with the product(s). The BUYER must return the product(s) through an international courier company of her choice, with which the VENDOR does not have an agreement, the delivery charges shall be paid by the BUYER. The BUYER shall be required to send the goods back to the VENDOR’s return address specified in article 1, within 7 days following the notice regarding the exercise of the right of Withdrawal.

 

ARTICLE 3. INFORMATION

3.1. The information presented in this Preliminary Information Form are provided for commercial purposes, to protect non-adults, those who lack the ability to make judgments, and restricted persons below the age of consent, in line with the principles of good will and in accordance with the remote communication means employed.

3.2. The Vendor, as a data controller shall store the Buyer's personal information (first name, last name, phone number, ID number, address, e-mail addresses, etc.). In addition to the purposes of this- agreement, the Vendor may also use the information, such as first name, last name, phone number, ID number, address, e-mail address, date of birth, etc., for contacting the Buyer when necessary, and may store or process such information. Personal Information may also be transferred to companies with whom the Vendor collaborates to conduct research intended to improve the processes of the Vendor, creating a database, carrying out market research and carrying out communication/marketing activities, and such information may be processed and used by such companies. The Buyer acknowledges and agrees that he/she gives consent under Law No 6698 on Protection of Personal Data that his/her personal information may be transferred to natural and/or legal persons with whom the Vendor has collaborated for the above mentioned purposes and may also be processed and stored. Within the scope of the Law, the Buyer is entitled to learn whether his/her personal data is processed, to demand information about such processed data (if any), to learn the purpose of such data process and to check whether such data processing is suitable for its purpose, to obtain information about the third parties that his/her personal data is transferred, to demand correction for its personal data whether there is a mistake, to demand a notification for the third parties to correct such data mistake if the data is transferred, to claim for a permanent deletion, obliteration or anonymization of his/her personal data in case there is no longer any reason to process his/her data, to ask for the communication of this claim to any third parties if such transfer has been made, to object any adverse outcome related with the person as a result of the data processing, to claim his/her loss which is occurred due to unlawful data processing from the Company as a Data Controller in any time.

 

ARTICLE 4- PAYMENT

4.1. The BUYER shall pay the sale price including VAT and the delivery charges stipulated in the present Agreement for the product(s)/Service(s) ordered under the present Agreement, in accordance with the terms and conditions of payment stipulated again in the present Agreement.

4.2. The BUYER shall pay the price of the product(s)/Service(s) ordered on the website, using Visa, Amex or MasterCard credit cards. The orders placed under the present Agreement shall be processed once the charge for the price for the product(s)/Service(s) is pre-authorized and blocked on the credit card, by the bank.

4.3. The VENDOR shall not be liable for any deductibles applied by the banks at the time of the payments.

4.4. If a promotion, discount or comparable practices announced by the VENDOR to be in effect for distance sales are applicable as of the date on which the BUYER ordered the product(s)/Service(s), the said promotion shall be applied on the BUYER’s order as well, provided that the BUYER meets the requirements of the promotion.

4.5. The BUYER agrees and warrants that in case the relevant bank or financial institution does not pay the price for the product(s) to the VENDOR after the delivery of the product(s) on the grounds that the BUYER’s credit card was used illegally or tortuously by unauthorized persons, without any fault on part of the BUYER, He/she shall return the product(s) delivered to the VENDOR, within a maximum of 30 (thirty) days following the written notice by the VENDOR, with packaging intact, in the original form as it was/were at the time of sale without any damage or missing parts. And furthermore, the delivery charges shall be borne by the BUYER. The BUYER represents and warrants that, should he/she act otherwise, she may be subject to applicable legal proceedings, including those concerning any damage or loss the VENDOR had incurred.

4.6. The delivery charge is not included in the price of the product(s)/service(s), but shall be added on top of the price of the product(s)/service(s) to be paid by the BUYER, whereupon the price of the product(s)/service(s) shall be paid by the BUYER, along with the delivery charge.

4.7. The charge for any individual item you can purchase via our Website shall be as stated on our Website at the time you place the order, except in the case of obvious error. The charge is inclusive of all sales taxes and other charges. Depending on which bank you use, additional charges may be issued by your bank; we have no control over this and accept no liability in relation to the same. If you are unsure whether you will be subject to such additional charges then you should check with your bank before making a purchase via our Website. We accept payment via our payment processing partners by credit card only. Our payment processing partners may have their own terms and conditions and you should ensure you are in agreement with these prior to making any payment. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.

 

ARTICLE 5- DELIVERY

5.1. The product(s) ordered online by the BUYER shall be delivered to the BUYER or persons located at the address specified by the BUYER, by the VENDOR’s contracted logistics provider, within the 30 (thirty) days of legal respite granted. The BUYER agrees and warrants that in case he/she is not available at the address specified at the time of delivery, the product(s) may be delivered in due form in exchange of signature, to persons the names of which had been specified in advance by the BUYER, and who are present at the address.

5.2. The consignment invoice or delivery note to be issued by the VENDOR to the BUYER and/or a legal or natural person to be specified by the BUYER, in consideration of the price of the product(s) and the delivery charge paid by the BUYER, shall be sent by the VENDOR, to the delivery address specified by the BUYER in the present Agreement. The BUYER represents and warrants that he/she shall report in writing any changes of address to the VENDOR.

5.3. The BUYER agrees, and warrants that the billing and delivery addresses and other information she had specified in the delivery address field/s are complete and accurate. The VENDOR shall not be held liable whatsoever for erroneous and/or incomplete address information reported by the BUYER, BUYER’s unavailability at the reported address compounded by the lack of anyone to take delivery of the product(s) at the said address, or the refrain on the part of such persons from taking delivery of the product(s) or any similar cases.

5.4. If the defects of the product(s) were identified after delivery, the BUYER shall notify the VENDOR in writing or verbally via our customer services. If the VENDOR finds the product(s) defective, the product(s) covered by the notice shall be replaced with new ones within 30 work days following the date of return to the VENDOR, without further delivery charges. Otherwise, the product(s) shall be returned to the BUYER.

5.5. The present Agreement should be approved online and the sale price should be paid in the form preferred by the BUYER, for the delivery of the product(s) covered within the agreement. The buyer agrees, represents and warrants that the VENDOR may decline to honor the obligation to deliver the product(s) without incurring any liability, in case the price of the product(s) is not paid or the payment is cancelled by the bank on any grounds.

5.6. Shopilive.com’s contracted logistics provider shall ship the merchandise received to the designated shipping address (limited to countries and regions set forth separately by the contracted logistics provider). Provided, however, that there is a chance that shipment of the Merchandise to the shipping address may not be allowed due to laws and regulations in the location of shipping origin or locations through which the Merchandise transits.

5.7. Depending on inventory conditions of the Merchandise at the provider, shipping conditions of the Merchandise to Shopilive.com's contracted logistics provider, customs procedures during shipping, and other factors, the number of shipment days as scheduled by the contracted logistics provider may differ from the number of days actually required for shipment.

5.8. Merchandise for which a user requests to purchase using the Purchase Agent Service shall be considered as delivered free of defect to the designated shipping address even in the event that receipt of the given Merchandise cannot be confirmed due to absence, refusal to take receipt, or any other circumstance of the recipient despite the Merchandise being shipped to the designated shipping address.

5.9. The vendor shall be entitled to freely dispose of the Merchandise if there is a failure to confirm the receipt of such Merchandise as mentioned in the preceding Clause. Even in the event that the user incurs damages as the result of such disposal, Shopilive.com shall bear no liability for such damage.

 

ARTICLE 6- GENERAL PROVISIONS

6.1. The BUYER agrees and confirms reading and accepting: All Terms and Conditions shown on the website, The basic specifications of the product(s)/Service(s) covered in the Agreement, The sale price including VAT, The validity period concerning all obligations of the VENDOR -including price obligations-, The form of payment and preliminary information regarding deliveries, The right of Withdrawal and its form of use, The fees regarding any costs to be covered by the BUYER, The delivery and performance periods regarding the product(s) covered in the agreement, The contact details of the VENDOR to which the BUYER may report his/her requests and complaints.

6.2. The BUYER agrees, and warrants that minors younger than 18 shall not be allowed to make purchases through the website even though children product(s) are offered for sale, and that the VENDOR shall not be held liable for any damages 3rd parties may incur due to product orders placed in breach of this rule. The VENDOR is entitled to terminate the Agreement by cancelling the order, in case it determines an act of breaching of any term in this agreement.

6.3. The VENDOR reserves the right to freeze or terminate the order in case it determines that the information provided by the BUYER is inaccurate. In such case, the VENDOR shall freeze the processing of the order for a period of 5 (five) days if it fails to contact the BUYER over the phone, or email. The BUYER shall be required to contact the VENDOR during the said period. The BUYER’s failure to contact the VENDOR within the said period shall lead to the cancellation of the order. In case the order is cancelled, any payment made by the BUYER shall be returned within 10 (ten) days. The returns regarding payments with credit cards shall be made to the credit card used for the payment. The VENDOR shall be required just to perform the return process within the allotted time frame, and shall not be held liable for the time the bank takes to effect the payment on the account.

6.4. Cases which have not been in existence and could not be predicted at the time of execution of the Agreement, which develop outside the control of the Parties and which render one or both of the Parties unable to perform the obligations and responsibilities incurred through the Agreement, partly or completely, or in a timely manner, shall be considered force majeure. In case the VENDOR fails to deliver the product(s) covered in the Agreement within the 30 (thirty) days provided in the regulations due to force majeure (natural disasters, fire, explosions, civil wars, wars, riots, civil commotions, mobilization, strike, lockout, epidemics, problems caused by the internet system or the service providers which provide internet services, acts and procedures by government authorities, exhaustion of inventories, commercial impossibilities, weather conditions preventing shipments, and extraordinary cases which disrupt transportation), the VENDOR shall be required to report the matter to the BUYER. In such case the BUYER may cancel the order, have the product(s)/service(s) covered in the agreement replaced with a comparable one, if any, and/or delay the shipment period pending the disappearance/removal of the case preventing the delivery. In case the BUYER chooses to cancel the order, the amount paid by her shall be returned within 14 (fourteen) days.

6.5. The VENDOR shall not be liable for any price or content inaccuracies arising due to printing or system errors. The BUYER represents and warrants that it shall not be entitled to any rights or claims, including delivery of the product at the inaccurate price, due to such a clear error.7.6 The Vendor, as a data controller shall store the Buyer's personal information (first name, last name, phone number, ID number, address, e-mail addresses, etc.) which are presented in the related Information Forms. In addition to the purposes of this- agreement, the Vendor may also use the information, such as first name, last name, phone number, ID number, address, e-mail address, date of birth, etc., for contacting the Buyer when necessary, and may store or process such information. Personal Information may also be transferred to companies with whom the Vendor collaborates to conduct research intended to improve the processes of the Vendor, creating a database, carrying out market research and carrying out communication/marketing activities, and such information may be processed and used by such companies. The Buyer acknowledges and agrees that he/she gives consent under Law No 6698 on Protection of Personal Data that his/her personal information may be transferred to natural and/or legal persons with whom the Vendor has collaborated for the above mentioned purposes and may also be processed and stored. Within the scope of the Law, the Buyer is entitled to learn whether his/her personal data is processed, to demand information about such processed data (if any), to learn the purpose of such data process and to check whether such data processing is suitable for its purpose, to obtain information about the third parties that his/her personal data is transferred, to demand correction for its personal data whether there is a mistake, to demand a notification for the third parties to correct such data mistake if the data is transferred, to claim for a permanent deletion, obliteration or anonymization of his/her personal data in case there is no longer any reason to process his/her data, to ask for the communication of this claim to any third parties if such transfer has been made, to object any adverse outcome related with the person as a result of the data processing, to claim his/her loss which is occurred due to unlawful data processing from the Company as a Data Controller in any time.

 

ARTICLE 7- GOVERNING LAW AND SETTLEMENT OF DISPUTES

7.1. Turkish Law shall govern any dispute to arise out of the implementation and interpretation of the present Agreement, or the Agreement itself.8.2. The BUYER may, for the settlement of disputes arising under Law no. 6502 regarding the implementation of the present Agreement, file a claim before the Consumer Arbitration Committees for claims up to the limit announced by the Ministry of Customs and Trade, and the Consumer Courts of Istanbul for any disputes in excess of the said limit. This Agreement including 8 articles is issued both in Turkish and in English on 31/10/2017 by the Parties. In case of discrepancies between the two versions, the Turkish version shall prevail.

 

ARTICLE 8- ACCOUNTS

8.1 When using our Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.

8.2 You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.

8.3 In these terms, references to “log in details" or “account" include your login details and account for any social network or platform that you may allow our Services to interact with.

8.4 We will be entitled to assume that anyone logging into your account using your log in details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

8.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

8.6 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.

8.7 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Money or Virtual Goods associated with your account).

8.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.

8.9 Your account is personal to you and you are not entitled to transfer your account to any other person.