Terms & Conditions
Terms and Conditions: Online Sales of Goods
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE. PLEASE READ THEM CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT ON WHICH BASIS WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
"Website" means Our website at www.jvelaria.com
"Goods" means the goods which We will supply to You in accordance with these Terms and Conditions.
"Order" means an order which You place with Us detailing the Goods You wish to buy from Us.
"We/Us/Our" means JVELARIA
"You/Your" means you, the person using Our Website and/or buying Goods from Us.
We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.
Terms of Website Use
1. ABOUT THIS WEBSITE
This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with European laws. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
2. OUR RIGHTS IN THE WEBSITE
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
3. WEBSITE CONTENT
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an "AS IS" basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
Terms of Sale
4. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
4.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
4.2 Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You shall have no effect. Any variation of the Contract must be confirmed in writing by Us.
4.3 Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on despatch of Your Order.
4.4 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
4.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
4.4.2 We identify a product or pricing error on the Website; or
4.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
4.4.4 We suspect that Your Order is related to fraudulent activity; or
4.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
4.4.6 Goods are unavailable or out of stock.
4.5 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
4.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
5. PRICE AND PAYMENT
5.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in Euro originally, or might be converted to your local currency. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order. The delivery charge for the Order is shown on the shopping cart page below Your chosen items.
5.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
5.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
5.4 We must receive payment for the Goods in full before they are despatched.
5.5 We accept payment via most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
5.6 Your card provider may charge You for using Your card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
5.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.
5.8 We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks. Please refer also to Our Privacy Policy. These measures are taken to protect You, to ensure Your shopping experience with Us is as secure as possible.
6. RETURNS
If You Change Your Mind
6.1 You have a legal right to cancel the Contract of any purchase except the customized orders such as goods including Initials, names and/or color preferences applied on them (subject to certain exceptions set out below) for any reason at any time within 14 (fourteen) working days of the day after You receive the Goods e.g. the last item of your order. This is the legal "cancellation period".
6.2 To cancel, you must tell us that you want to do so (you can do so by e-mail, by telephone or in writing). You must also keep the goods in a reasonable condition with their original packaging, and send them back to Us as soon as possible (at your own risk and own cost if any) but You must do so within 14 (fourteen) days of the day after you receive the Goods. Please keep evidence of having given notice of cancellation, such as an e-mail or postage receipt. If the nature of the goods means you cannot return them by post, you will be responsible for the cost of couriering the items to us (exact costs of which can be found by contacting your chosen courier).
Our contact details to receive return address information is:
contact@jvelaria.com
6.3 We will refund the money due to You as soon as possible but by no later than 30 (thirty) days from the day on which You tell Us that You wish to cancel. Please note that You will be responsible for the cost of returning the Goods to Us.
If Things Go Wrong
6.4 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
6.5 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
6.6 We will replace the Goods or refund You fully provided that the defect or fault is not caused by usual wear and tear, handling beyond what is necessary to establish the nature/characteristics/functioning of goods, damage caused deliberately or accidentally, Your negligence or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 6.1 to 6.3 above although this does not affect your statutory rights. Subject to Clause 7 below, the remedy in this Clause 6.6 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.
6.7 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
6.8 If You wish to return Goods in accordance with Clause 6.6 You may either:
6.8.1 return the Goods to Us in an unused, reasonable condition to the returns address in Clause 6.2; OR
6.8.2 if you have paid using a credit or debit card you can return the Goods in a reasonable condition to the returns address together with the despatch or delivery note as proof of purchase.
6.9 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 14 (fourteen) days of Us physically receiving the Goods from You. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
6.10 Finally, whenever You return Goods to Us either because You believe they are faulty or because You change Your mind, We ask that Goods are returned to Us, either by recorded delivery or courier (of which the cost and risk must be covered by You) so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
7. OUR LIABILITY
7.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
7.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US AND ANY FORESEEABLE LOSSES AS A DIRECT CONSEQUENCE OF OUR BREACH.
7.3 UNLESS WE EXPLICITLY STATE ELSEWHERE, WE SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OF ANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT REASONABLY ANTICIPATE. THIS INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING, HOWEVER THEY ARISE:
7.3.1 LOST PROFITS;
7.3.2 LOSS OF INCOME OR REVENUE;
7.3.3 LOSS OF SAVINGS;
7.3.4 LOSS OF DATA;
7.3.5 LOSS OF USE OF MONEY.
7.4 Most of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
8. DELIVERY
8.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to "working day" shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery time. Our liability to You is capped at the limits set out in Clause 7.2 above.
8.2 If Goods are out of stock then We will let you know by e-mail If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
8.3 Ownership of the Goods will only pass to You upon despatch of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
8.4 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details set out at Clause 6.2, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.
8.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods.
8.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
Delivery Restrictions
8.7 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your bag or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
9. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
10. GENERAL
10.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
10.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
10.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
10.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
10.5 This Contract is subject to Turkish law and both We and You agree that any dispute arising under or connected to it will be decided by the Turkish courts.
10.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order which We have accepted, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order.
10.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
10.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
10.8.1 on the day on which it is left if You deliver the notice by hand; or
10.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
10.8.3 on the day on which it is sent correctly if by fax or email;
and in each case it should be sent to the address set out at Clause 6.2.
10.9 A person who is not party to this Contract shall have no right under the Contracts to enforce any term of it which means that only We and You have rights under it.
10.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write us.
JvelAria
Email: contact@jvelaria.com