terms and conditions
Kismet Tasarim Taki ve Mucevherat San. Tic. Ltd. Sti. (TR) (“Kismet By Milka,” the ”Company,“ “our,” “us,” or “we”) has created, designed and developed a service giving its members (the “Member,” “you” or “your”) the ability through a Member’s only Internet website (the “Site”) to purchase designer jewelry (“Goods ”).
MEMBERSHIP, TERMS AND CONDITIONS, INFORMATION
ACCESS TO OUR SITE
ONLY KISMET BY MILKA MEMBERS MAY HAVE ACCESS TO AND USE PASSWORD PROTECTED OR SECURE AREAS OF THE SITE.
ORDERS FOR GOODS
Orders for Goods on the Site or a Related Link (a “Linked Site”) are subject to acceptance and availability and we reserve the absolute right in our sole discretion to reject an order for any reason. Goods in your shopping basket are not reserved and may be purchased by other Members. Your order will be deemed accepted upon completion of the packaging and delivery of the Goods you order to the postal service, or other recognized courier service. We will send an initial email to you as soon as practicable after you have placed your order acknowledging the details of the order. The initial email is not an acceptance of your order. We will send a second email to you as soon as practicable after the delivery of your order to the postal service, or other recognized carrier (the “Second Email”). The Second Email will contain the tracking number for your order and will constitute acceptance of your order. You agree that the Second Email constitutes a sales contract between Kismet By Milka and you concluded in Istanbul, Turkey, and that the contract is in the English language; provided, that you remain a Member in good standing with a valid password, your credit card company authorizes the full amount of payment for the order, the Goods are in stock, that the Goods satisfy our quality control standards and that no shipping restrictions have been imposed on the Goods included in your order. We will notify you by email as soon as practicable after we have been advised or become aware that Goods that you ordered are not in stock and that we do not expect the Goods to be returned to stock and, if we have sent the Second Email to you for such Goods, will notify you that your order for such Goods has been cancelled. Title to an item of Goods purchased by you from the Company will be deemed to pass and risk of loss in connection therewith when courier, the postal service or the shipping company or agent delivers to you the item of Goods and, unless otherwise provided in the designer/vendor's Linked Site or on the Site, title to the item of Goods and risk of loss in connection therewith shipped by a designer/vendor to you will pass when the designer/vendor delivers the item of Goods to courier, the postal service or the shipping company or agent.
PRICES, PAYMENT AND CANCELLATIONS
The prices shown on the Site or a Linked Site for each item of Goods are in US Dollars and are exclusive of any applicable taxes, custom duties, shipping and handling charges. The US Dollar price of goods or services displayed on the Site at the time your order is accepted will be honored, except in cases of patent error. Prices are set at the beginning of each day in Istanbul, Turkey using existing currency exchange rates. The prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The purchases price of an item of Goods by a Member whose credit card is not denominated in US Dollars will be calculated in accordance with the applicable exchange rate on the day the credit card company processes the transaction. If you reside outside of the United States or place an order through a Linked Site outside of the United States or through a designer or vendor outside of the United States, the designer or vendor, carrier or an import broker appointed by you would directly invoice applicable taxes, custom duties, shipping and handling charges to you. We recommend that you contact your local customs authority to determine a landed cost price for items of Goods prior to placing your order. Members may make payment for orders by Visa, MasterCard and American Express cards and any other method, which the Site from time to time permits as a method of payment. Payments will be debited and cleared from your account at time of purchase. We will charge your account the amount of import duties, taxes and shipping costs applicable to the purchase by a Member of Goods. You can check the current status of your order by signing into your account and selecting My Account/My Orders, or tracking your package via www.pts.net . Your tracking number will be included in the Second Email. In the event that we cancel an order for Goods that we have billed to your credit card, we will credit your account in an amount equal to the purchase price charged to you for the item of Goods and any applicable taxes, duties, shipping or handling that we have charged to your credit card.
Members requesting the return of goods must submit their request to Kismet By Milka at [email protected] and return the item(s) directly to Kismet By Milka within 20 days of the date of the shipment of the goods to them by courier. If you reside in Republic of Turkey, return shipping is free. If you reside outside the Republic of Turkey, you will be responsible for all shipping and any duties/taxes on the replacement item(s). Returns and exchanges will be limited to items of unused jewelry. Returns of unused jewelry will be processed for either a credit card or store credit refund. Goods to be returned or exchanged must be returned new, unused and with all Kismet By Milka tags attached. Kismet By Milka reserves the right to reject any item because the item has been used, is damaged or has been altered. Any such rejected item will be returned to the Member.
CHANGE OF TERMS
SECURITY FOR THE SITE
Kismet By Milka is committed to keeping our Member’s personal account information safe and secure. Kismet By Milka uses Secure Socket Layer technology to encrypt and protect the data Members send to us over the Internet. Credit card transactions on the Site will be processed using a secure online payment gateway that encrypts card details in a secure host environment. Kismet By Milka will take all reasonable steps to keep the details of orders and payments secure, but in the absence of negligence on our part, we cannot accept or be held liable for any loss that a Member or other person may suffer if a third party procures unauthorized access to any data provided by you to us.
The Site is for your personal, non-commercial use. Kismet By Milka grants you a limited license to access and make personal use of the Site and services available to our Members. The license does not permit or include any downloading or copying of account information for the benefit of another vendor or any other person or party, caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, uploading, posting or transmitting any content that you do not have a right to make available (such as intellectual property of another party); uploading, posting or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to take any act that imposes or may impose an unreasonable or disproportionately large load on Kismet By Milka’s infrastructure, or any use of data mining, robots or similar data gathering and extraction tools. You may not bypass any measures used by Kismet By Milka to prevent or restrict access to the Site. Any unauthorized use by you of this license will terminate the license and rights granted to you by Kismet By Milka and will automatically terminate your membership, password and rights to our services.
PROSECUTION FOR VIOLATIONS
Kismet By Milka will take action against and will use all reasonable efforts to cause the prosecution of any person not a member who attempts to access password protected or secure areas of the Site.
You will be communicating electronically with Kismet By Milka when you use the Site and send email to us. You agree that we may communicate with you electronically, through email, postings on the site, via internationally recognized courier services and the mail. You agree that any agreements, disclosures, documents, notices and other communications that we provide to you electronically will satisfy any legal requirement that such communication be in writing.
ALL CONTENT, PRODUCTS, GOODS AND SERVICES ON THE SITE OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL, TITLE, NON-INFRINGMENT, SECURITY OR ACCURACY.
OPINIONS, ADVICE AND ENDORSEMENTS
KISMET BY MILKA DOES NOT ENDORSE AND IS NOT RESPONSBILE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN KISMET BY MILKA, ANY CONTENT PROVIDED ON LINKED SITES OR THE CAPABILITIES OR RELIABILITIES OF ANY GOODS OBTAINED FROM A LINKED SITE.
LIABILITY OF KISMET BY MILKA
EXCEPT FOR APPLICABLE CONSUMER PROTECTION LAWS, KISMET BY MILKA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGHT THE SITE, OR OBTAINED FROM A LINKED SITE. KISMET BY MILKA RECOMMENDS THAT YOU SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT. YOU AGREE THAT KISMET BY MILKA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BY REASON OF WITHDRAWING GOODS OR SERVICES FROM THE SITE OR A LINKED SITE WHETHER OR NOT A VALID CONTRACT OF SALE EXISTS, REMOVING, SCREENING OR EDITING ANY MATERIAL OR CONTENT ON THE SITE OR FROM A LINKED SITE OR UNWINDING, SUSPENDING OR TERMINATING ANY TRANSACTION AFTER THE SECOND EMAIL.
The Site or third parties may provide links to Linked Sites and other World Wide Web sites or resources. Kismet By Milka has no control over such Linked Sites and other sites and resources and you agree that Kismet By Milka is not responsible for the availability of such Linked Sites, external sites or resources, does not endorse any such sites or resources, and is not responsible or liable for any content, advertising, products or other materials on or available from such Linked Sites, sites or resources. You agree that Kismet By Milka will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, Goods or services available on or through any such Linked Site, other site or resource.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KISMET BY MILKA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGING MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES EVEN IF KISMET BY MILKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Kismet By Milka, its officers, directors, members, managing members, subsidiaries, joint ventures, employees, agents and others acting on its behalf from any claims, causes of actions, demands, damages, including reasonable attorney’s fees, in connection with, arising out of, or related to your breach of the Terms or the Site, or your violation of any law or the rights of a third party.
The trademarks, logos, designs, service marks, codes and other intellectual property displayed on or relating to the Site are the property of Kismet By Milka or other parties. All persons, including Kismet By Milka members, are prohibited from using any such trademarks, logos and service marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Kismet By Milka or such third party which may own such trademarks, logos and service marks. All information and content including any software program available on or through the Site is protected by copyright. Federal and state law and regulations and international treaty provisions protect all trademarks, logos, designs, service marks, codes and other intellectual property displayed on or relating to the Site. All persons, including Kismet By Milka members, are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any such information and content, including any software program available on or through the Site, for commercial or public purposes. The intellectual property laws provide that information such as the look and feel of the Site, data files, graphics, text, photographs, drawings, logos, images sounds, video or audio files (“Site Content”) will be included in our intellectual property rights. Kismet By Milka will use its best efforts to ensure that the Site Content is accurate; and that we will use our best efforts to keep the Site free of viruses or other harmful components. Kismet By Milka abides by the intellectual property laws and respects the intellectual property of others, and we ask you to do the same. Kismet By Milka in appropriate circumstances and in its sole discretion may disable or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide Kismet By Milka with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property, (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed, (iii) a description of the location on the Site where you claim the infringement, (iv) your address, telephone number and email address, (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, (vi) a statement by you made under penalty of perjury , that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may contact Kismet By Milka for claims of copyright or other intellectual property infringement by email at [email protected], with “Intellectual Property” in the email subject header.
You and Kismet By Milka hereby agree that any provision of the Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene or profane materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. If we reasonably believe that you have violated or are likely to violate any of the foregoing prohibitions, we make take any action we reasonably deem necessary to cure or prevent the violation, including, but not limited to, the immediate removal of the materials from the Site. We will cooperate fully with law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.