Erten Purchase Terms

PRE-INFORMATION

1. INTRODUCTION 

This document (together with all other documents mentioned below) sets out the terms and conditions governing the use of this website and the purchase of products through this website (hereinafter referred to as "Terms"). The customer must read the Terms, our Cookie Policy, and our Privacy Policy (all together referred to as the "Data Privacy Policy") before using the website. By using this website or placing an order through it, you, our valued customer, acknowledge, declare, and undertake that you explicitly consent to comply with these Terms and the Data Privacy Policy. If the customer does not accept all the Terms and the Data Privacy Policy, they should not use the website. These Terms and the Data Privacy Policy may be amended. It is the customer's responsibility to read them regularly, and the “Terms and Data Privacy Policy” in effect when the customer uses the website or forms the contract (as described below) will apply to the customer.

2. YOUR INFORMATION AND VISITS TO THE WEBSITE 

For the customer to purchase the desired product, they must share their personal information. The information or personal data you share with Erten Shirt is processed in accordance with the Data Privacy Policy. When the customer uses the website, they are deemed to have accepted the processing of this information and personal data by confirming that all information shared with Erten Shirt is accurate and true. If the customer explicitly expresses their interest to Erten Shirt, Erten Shirt may inform the customer about the latest collections, catalogs, campaigns, and special offers via mail, e-mail, and/or SMS.

3. USE OF THE WEBSITE 

By using the website and/or placing any order through the website, the customer; 1. agrees to use the website only for legitimate inquiries or orders, 2. agrees not to place any unrealistic, false, or fraudulent orders; Erten Shirt reserves the right to cancel such an order and inform the relevant authorities if it has reasonable grounds to believe such an order has been placed, 3. agrees to provide Erten Shirt with accurate and up-to-date email, postal, and/or other contact details and acknowledges that Erten Shirt may use these details to contact the customer if necessary. (See Data Privacy Policy). If the customer does not provide Erten Shirt with all the information required to complete the order, Erten Shirt may not be able to complete the order. By placing an order through the website, the customer confirms that they are at least 18 years old and legally capable of entering into binding contracts. 

4. FORMATION OF THE CONTRACT

To place an order, the customer must follow the online purchase process and click the "Confirm Payment" option. After doing so, the customer will receive an email confirming the receipt of the order ("Order Confirmation"). A subsequent second email will inform the customer that the order has been accepted and is being dispatched ("Delivery Confirmation"). If such a confirmation is not provided to the customer by Erten Shirt, the contract is deemed not to have been formed.

5. PRODUCT AVAILABILITY 

All orders are subject to availability in stock. In the event of supply difficulties or if a product is no longer in stock, Erten Shirt reserves the right to inform the customer about substitute products of a similar or different category and value that they may order. If the customer does not wish to order substitute products, Erten Shirt will refund the amount paid for the unwanted substitute product to the customer. 

6. REFUSAL OF ORDER 

Erten Shirt reserves the right at all times to withdraw any product from the website and/or to remove or edit any materials or content on the website. Although Erten Shirt will make all reasonable efforts to process all orders submitted to it, Erten Shirt always reserves the right to refuse to fulfill or confirm an order in the event of unusual circumstances occurring after receiving an order or sending an “Order Confirmation” to the customer. Erten Shirt shall not be liable to the customer or any third party for withdrawing any product from the website, removing or editing any material or content, or refusing to fulfill or confirm an order after receiving it or sending the “Order Confirmation”.

7. DELIVERY

 

Erten Shirt, subject to stock availability (see Article 5 above) and provided there are no unusual circumstances, will deliver orders for products listed in the Delivery Confirmation by the delivery date specified in the “Delivery Confirmation”, and orders for which no estimated delivery date is specified, within a maximum of thirty (30) days from the “Order Confirmation” date. If the supply of products is delayed due to a situation beyond Erten Shirt's control, Erten Shirt will inform the customer as soon as possible and take measures to minimize the effect of the delay. Erten Shirt will not be responsible for delays caused by circumstances beyond its control. However, if there is a risk of serious delay, the customer may contact Erten Shirt to terminate the contract and receive a refund for products they have paid for but not received. In the context of these Terms, "delivery" or "delivered" shall be deemed to have occurred when the customer or a third party designated by the customer to acquire possession of the products has taken physical possession of the products, which can be proven by signing the receipt for the products at the specified delivery address.

8. FAILURE TO DELIVER

 

If delivery is not possible, the product(s) will be returned to the warehouse. In the event of failed delivery, the customer will be informed about the location of the ordered product and how to rearrange delivery. If the customer is not at the delivery location at the agreed time, they should contact Erten Shirt to rearrange delivery for another suitable day. If the ordered product is brought to the delivery address but delivery does not occur due to a reason not attributable to Erten Shirt, and the customer does not contact Erten Shirt for delivery within the following fourteen (14) days, the contract may be terminated on the grounds that the customer has breached the contract. As a result of the termination of the contract, Erten Shirt will refund all payments received from the customer, including delivery costs (excluding additional costs arising from any delivery method requested by the customer other than the usual delivery method offered by Erten Shirt), without undue delay and in any event within fourteen (14) days after the termination of this contract. The customer should note that there may be additional shipping costs resulting from the termination of the contract, and Erten Shirt reserves the right to pass these costs on to the customer.

9. RISK AND OWNERSHIP 

As long as the customer accepts delivery with the courier/cargo company designated by Erten Shirt, all benefits and damages related to the products will be the responsibility of Erten Shirt until delivery. Ownership of the products passes to the customer from the moment the product in question is delivered to the customer or the person at the delivery address. (Transfer of Ownership) 

10. PRICE AND PAYMENT 

The price of the products is as stated on the website. Although Erten Shirt does its best to ensure that all prices on the website are accurate, errors may occur in this regard. If there is an error in the price of the products ordered by the customer, Erten Shirt will inform the customer as soon as possible and offer the customer the options to confirm the order at the correct price or to cancel their order. If Erten Shirt cannot reach the customer, the order will be considered cancelled, and the amount paid for the products will be refunded to the customer. If the pricing error is obvious and unmistakable, and it can be clearly understood that the product price registered on the website is an obviously incorrect price, Erten Shirt will not be obliged to complete the sale of the products to the customer at the incorrect (lower than normal) price (even after sending the delivery confirmation to the customer). Prices on the website include VAT and taxes. Prices may change at any time, but (except as stated above) price changes will not affect orders for which an “Order Confirmation” has been sent to the customer. For this reason (except for the situation mentioned above), re-adjustment of prices for previous orders is not permitted. When the customer completes shopping, all products they wish to purchase are added to the shopping cart, and the next step is to finalize the order and payment process. To do this, the customer must follow the steps of the purchase process, completing or confirming the requested information at each step. In addition, the customer may change order details before the payment process during the purchase process. After the order is completed and before payment is confirmed by the customer, essential characteristics of the purchased product, the total price of the product including all taxes, the conditions, duration, and procedure for exercising the right of withdrawal where applicable, and information regarding the carrier specified by the seller for returns, or exceptionally, information regarding situations where the right of withdrawal cannot be exercised or under what conditions the customer will lose their right of withdrawal, are presented to the customer's attention in the form of an order summary. Detailed explanations regarding the purchase process are included in the “Shopping Guide”. Furthermore, if the customer is a registered user, they can access the details of all their orders in the "My Account" section. Payments are made using credit cards and debit cards via the payment methods shown on the website and applications. When Erten Shirt receives the customer's order, a pre-authorization is requested on the customer's card to confirm that there is sufficient available limit to complete the transaction. Payment collection will be made by Erten Shirt at the moment the order is confirmed. By clicking the "Confirm Payment" button, the customer is deemed to have confirmed that they are the owner of the credit card used. Credit cards are subject to verification and authorization by the issuing institution; however, if the customer's card issuing institution does not authorize payment to Erten Shirt, Erten Shirt will not be liable for any delay or non-delivery, and it will not be possible to complete the contract.

11. INVOICE 

An invoice is issued and sent to the customer via e-mail. Erten Shirt reserves the right to apply other procedures in accordance with e-invoice/e-archive legislation regarding invoices.

12. PURCHASE WITHOUT MEMBERSHIP 

The website also offers the option to purchase products without being a member. In such a purchase, only the information necessary for processing the order is requested from the customer. When the customer completes the purchase process, they are offered the options to register as a user or to continue as a user without registering. 

13. VALUE ADDED TAX 

In accordance with applicable legal provisions, all sales transactions made from the website are subject to Value Added Tax (VAT), with the exception of applicable final exemptions subject to the customer's approval.

14. LIABILITY AND DISCLAIMER 

No provision in these terms shall in any way limit or exclude Erten Shirt's liability for the following: 

1. Death or personal injury caused by Erten Shirt's negligence; 

2. Fraud or fraudulent misrepresentation; 

3. Any other circumstances where it would be unlawful or illegitimate for Erten Shirt to limit or exclude its liability or attempt to do so. Erten Shirt is responsible to the customer for foreseeable loss and damage caused by its own actions. If Erten Shirt fails to comply with these terms, it is responsible for the customer's loss and damage that is a foreseeable result of breaching the contract or of its failure to use reasonable care and skill, but Erten Shirt is not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both Erten Shirt and the customer knew it might happen, for example, if the customer discussed it with Erten Shirt during the sales process. Erten Shirt will not be liable for commercial losses. Erten Shirt only supplies products for individuals and personal use. If the customer uses the products for any commercial business or resale purposes, Erten Shirt will not be liable to the customer for any loss of profit, loss of business, business interruption, or loss of business opportunity, and the customer acknowledges, declares, and undertakes that they will not hold Erten Shirt responsible for their commercial losses. Due to this website and the potential for errors in the storage and transmission of digital information, Erten Shirt does not guarantee the accuracy and security of the information transmitted on or obtained from the website, unless explicitly stated otherwise on the website. It is Erten Shirt's contractual obligation to supply products that are in conformity with the contract to the customer. However, without affecting this obligation and to the extent permitted by law, all product descriptions, information, and materials published on this website are provided "as is" and do not contain any express, implied, or consequential warranties. When you, as a customer, enter into a contract, Erten Shirt is responsible, in accordance with its legal obligations, for ensuring that the products it sends to the customer are: (i) in conformity with Erten Shirt's descriptions and possess the characteristics stated on the website, (ii) suitable for the ordinary purposes for which products of the same type are used, and (iii) show the quality and performance which are normal in products of the same type and which can reasonably be expected. Erten Shirt guarantees that any product purchased by the customer from this website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are generally supplied. To the fullest extent legally permitted, but without prejudice to what is legally excluded for the customer, no other express or implied warranty related to the products on this website is within Erten Shirt's responsibility. The products sold by Erten Shirt (including handmade products) generally have natural characteristics of the materials used in their manufacture. Natural characteristics such as texture, shape, stitching, and color variations should not be classified as defects or flaws. Inconsistencies in these natural characteristics should be expected and considered reasonable. Although Erten Shirt only selects the best quality products, natural characteristics are inevitable and should be considered part of the product's own appearance. Nothing in this article affects the customer's legal rights or the contractual right of withdrawal.