General Terms and Conditions (GTC)

OVERVIEW

This website is operated by Büsra Mertoglu. Throughout the site, the terms "we", "us" and "our/us" refer to Büsra Mertoglu. Büsra Mertoglu offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

When you visit our website and/or purchase something from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including the additional terms, conditions, and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the Site, including, without limitation, users who are visitors, providers, customers, merchants and/or content creators.
Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any portion of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools added to the current store will also be subject to the Terms and Conditions. You may review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for any changes. By continuing to use or access the Site after the posting of any changes, you will be deemed to have accepted those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE STORE

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are of legal age in your country of residence and have given us your consent to allow your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) by using the Service.

You may not transmit any worms or viruses or other code of a destructive nature.

Violation of or breach of any of these Terms will result in immediate termination of your Service.

 

SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse service to any person at any time for any reason.

You acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over different networks and (b) changes to conform and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, or any contacts on the Site through which the Service is offered, without express written permission from us.

The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.

We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is for general information purposes only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete or more current sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change content on this site at any time, but are under no obligation to update any information on our site. You agree that you are responsible for monitoring changes to our website.

SECTION 4 - CHANGES IN PERFORMANCE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right to change or discontinue the Service (or any part or content thereof) without notice at any time.

Shopify will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may only be available online through the Site. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer screen will display every color correctly.
We reserve the right, but have no obligation, to limit the sale of our products or services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or acquired by you will meet your expectations or that any errors in service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel purchase quantities per person, per household or per order. These limitations may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

For more details, please read our return policy.

SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control or have any control over.

You agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We assume no liability arising out of or related to your use of any additional third party tools.

Any use of additional tools provided through the Site is at your own responsibility and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the applicable third party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may include materials from third party providers.

Third-party links on this Site may take you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant or assume any liability or responsibility for any materials or websites or for any other materials, products or services provided by third parties.

We are not liable for any damages related to the purchase or use of any goods, services, resources, content, or other transactions in connection with any Third Party Sites. Please read the third party provider's policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions about Third Party Provider products should be directed to the Third Party Provider.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit certain submissions (e.g., contest entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise (collectively, "Comments") without solicitation by us, you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any Comments you submit to us in any medium at any time without restriction. We are not and will not be obligated to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.
We may, but are not obligated to, monitor, edit or remove any Content that we, in our sole discretion, determine to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party's intellectual property or these Terms and Conditions.
You agree that your Comments will not infringe any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights, or any other personal or proprietary rights. You further agree that your Comments will not contain any libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material, or any computer viruses or other malware that could interfere in any way with the operation of the Services or any related website or application. You may not use a false email address, impersonate another person, or mislead us or any third party as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any Comments posted by you or any third party.

SECTION 10 - PERSONAL DATA

The transmission of personal data through the Shop is subject to our Privacy Policy. For that, please read our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, our website or service may contain typographical errors, inaccuracies or omissions regarding product descriptions, pricing, promotions, offers, product shipping charge, delivery time and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order at any time without prior notice (including after you have placed your order) if any information relating to the Service or on any related website is incorrect.

We assume no obligation to update, change or clarify any information with respect to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates given with respect to the Service or on any related website should not be construed as an indication that all information with respect to the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or any other type of harmful code that in any way interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you disobey any of the prohibited uses.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY.

We do not warrant, represent or guarantee that use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may from time to time remove the Service indefinitely or discontinue it at any time without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are provided to you (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, resilience, title or non-infringement.
In no event will we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising out of or in connection with the use of the Service or any Products procured through the Service, or for any other claim relating in any way to the use of the Service or any Product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or Products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those states or jurisdictions, our liability is limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION.

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY CLAUSE

If any provision of these Terms and Conditions is found to be illegal, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of this Agreement for all purposes.

These Terms and Conditions will continue in effect until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you discontinue using our website.
If, in our sole discretion, you fail or we suspect that you fail to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we will deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules posted by us on this Site or with respect to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service, and supersede all prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, without limitation, prior versions of the Terms and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms and Conditions and any separate agreements pursuant to which we provide you Services shall be governed by and construed in accordance with the laws of Germany.

SECTION 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF BUSINESS

You may review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. By continuing to use or access our Website or the Service after we post any changes to these Terms and Conditions, you will be deemed to have accepted those changes.

SECTION 20 - CONTACT INFORMATION

Questions regarding the Terms and Conditions should be directed to us at info@bycaramella.com.