These terms and conditions apply to orders placed on www.popbygaea.com (the “Website”) by consumers worldwide.
Please ensure that you carefully read these terms and conditions. It is important that you regularly check for updates. We reserve the right to update these terms and conditions from time to time.
ORDERS ON THE WEBSITE
Who can order:
To place an order on the Website, you must be: a consumer and not a professional reseller (if you want to be our retailer please contact us)
How to order:
We require you to provide us with an e-mail address to place an order. You may need to set your browser to accept cookies and pop-ups in order to be able to use all the functionalities of the Website such as adding items to your shopping cart and submitting your order.
When you submit an order we will send you an “Order Confirmation”. At this point a contract, containing these terms and conditions, comes into existence and is binding between you and us (the “Contract”).
We recommend you to print or download a copy of these terms and conditions and the Order Confirmation for future reference. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order.
Our right to reject your order or cancel a Contract.
Fulfillment of an order through the Website is subject to availability of the Product or Service. We expressly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled Contract:
– the product is not available or not in stock;
– your billing information is not correct or not verifiable;
– your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
– your bank transfer payment is not received within 7 calendar days after acceptance of your order;
– we have reason to believe that you are a reseller;
– there was an error in the price displayed on the Website;
– we could not deliver to the address provided by you;
– due to an Event Outside Our Control (see art. 10 below); or
– in the event of misspelling, pricing or other errors or mistakes in the Website information.
Please check the available payment methods for each country under the heading Payment Methods of the Website. We do not accept any method of payment other than those listed. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.
If you pay by bank transfer, pay by credit/debit card ,we will start delivery (or manufacturing in the case of customized products) after we receive your payment.
We retain title in any product(s) until we have received full payment for such product(s).
Prices and currency
The product prices displayed on the Website are exclusive of Value-Added Tax (VAT). Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see the Shipping section of the Website.
Prices are quoted in Euro unless expressly stated that the price is in another local currency. If you change the country of delivery while browsing or during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing and/or VAT.
The total price specified in the final check out screen includes tax and shipping costs. This price will be recorded in the Order Confirmation, which we recommend you print or download for future reference.
If your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase. Your bank may apply a different exchange rate, which is beyond our control.
Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.
The prices of the products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order which we have confirmed in an Order Confirmation.
SHIPPING & DELIVERY
Delivery – where and when
In Turkey we deliver products from Monday to Saturday via courrier. For countries other than Turkey we deliver local post or courier from Monday to Friday. We do not ship on certain public holidays. Please refer to the FAQ section of the website for dates and the available delivery times and methods. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the countries section of the website.
Inspection upon delivery
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
If you make a purchase that exceeds the threshold relevant to your delivery country, you will receive ‘standard delivery’. Shipping rates may vary according to Country.
RETURNS & CANCELLATIONS
Canceling order before delivery
You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. We begin processing orders placed at our online store almost immediately. If you wish to cancel your order, please let us know to check the situation of your order.
Our consumer service agents will request a cancellation of your order at our warehouse. If successful, they will send you an email and the cancellation will be free of charge. If cancellation is not possible, the product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
Returning orders after delivery – defectives
You are entitled to return products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 7 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price and the shipping costs will be refunded
Exercising your right of withdrawal
If for whatever reason you are not happy with the products you ordered, you may return the products delivered to you within 7 calendar days after the product is delivered, without giving us any reason, as long as:
– the products are unopened and not used in any way;
– the product is complete and you return in or together with the original packaging, foils etc..
– the product is not tampered with or otherwise changed.
For information on refunds, see art 6.5 below. For practical information on how to return, see the Returns section of the Website. If you inform us that you wish to return a product, we shall reimburse to you all payments received (with the exception of any supplementary costs resulting from your choice of delivery other than the least expensive type of standard delivery offered by us) and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal.
Product exchanges may be possible, please contact with your sales advisor or send us an email to firstname.lastname@example.org
Refunds will be issued within 14 days after receipt by Pop by Gaea of the returned product, based on the original form of payment. If you paid via bank transfer you need to give this information to Customer Service when you initiate the return so that we can refund the money directly to your account.
In the event you return goods for reasons other than defectiveness or non-conformity with your order, you will need to pay for the return shipment.
For practical information on how to return and for refund timelines, see the Returns section of the Website. Please read the help section information and follow the directions carefully in order to prevent unnecessary delay.
If you paid with Maestro and did not fill in the ‘issue number’ or ‘start date’ field during checkout, we will not be able to process your return and/or grant you a refund.
Risk of return shipment
If you return a product under art. 6.2 – 6.5 you are responsible for shipping the product to our distribution centre. In case we do not receive the product, we are in no way liable for loss of the product. The burden of proof that a product is delivered to us is on you or the company used for shipping.
If Pop by Gaea fails to comply with these general conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
Although we use encrypted security software, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
In the event you have suffered damages as a result of our activities related to your purchase(s) of our products through the Website, our liability will be limited to:
Damage to the Pop by Gaea products or to other materials;
Reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under Reasonable and demonstrable costs incurred by you to prevent or reduce the damage under 9.3 a).
The maximum reimbursement of the above damages will (if applicable) be the purchase price of the products concerned.
We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.
Nothing in these general conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Turkish law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on the Website, whether express or implied.
Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
INTELLECTUAL PROPERTY RIGHTS
Pop by Gaea owns all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright, design and trademark laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Pop by Gaea ‘s status as the owner of content on the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Pop by Gaea
If you print off, copy or download any part of the Website in breach of these general conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
USER GENERATED CONTENT
If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the Website) (hereafter “User Generated Content”), on the Website, or if you send such User Generated Content through the Website to Pop by Gaea, ownership of any intellectual property rights and other rights in the User Generated Content shall automatically be transferred to Pop by Gaea. To the extent such transfer is not valid, you grant to Pop by Gaea, by submitting the User Generated Content to Pop by Gaea, a worldwide, non-exclusive, fully paid, perpetual, royalty free license to use, including but not limited to a right to copy, modify, publicly display, distribute and to sublicense (all or parts of), your User Generated Content for any purposes as we deem fit, including but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
You warrant that any User Generated Content or other information which you send to the Website is not, and does not contain, material which is offensive, pornographic, defamatory, blasphemous or unlawful, and does not infringe, or potentially infringe, the rights of a third party or any applicable law. You warrant that all material submitted to us is original to you, and not copied in whole or part from any third party.
Pop by Gaea does not, and you agree that Pop by Gaea has no obligation to, review the User Generated Content, that Pop by Gaea is not in any manner responsible for User Generated Content.
You acknowledge that by providing you and others with the ability to access and view User Generated Content on the Website, Pop by Gaea is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website.
Notwithstanding the foregoing, you acknowledge and agree that Pop by Gaea has the absolute right to monitor User Generated Content posted to the Website in its sole discretion.
You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Pop by Gaea in writing of any objectionable content appearing on the Website.
Any use of any content on the Website, including, without limitation, User Generated Content, will be at your own risk.
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Turkish law. Any dispute shall be submitted to the relevant Court in İzmir,Turkey
AVAILIBILITY ON THE WEBSITE
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
YOUR ACCOUNT AND PASSWORD
If you choose to register on the Website you must treat the username and password for your account as confidential and must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Customer Service at Pop by Gaea.
The Website provides links to external Internet sites. We shall not be liable for the use or the content of internet sites that link to this site or which are linked from it.
VARIATION OF GENERAL CONDITIONS
We may revise these general conditions from time to time. Every time you order products from us, the general conditions in force at that time will apply to the contract between you and us.
Whenever we revise these general conditions we will keep you informed and give you notice of this by stating that these general conditions have been amended and the relevant date at the top of this page.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these general conditions.
You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these general conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
We will not file a copy of the contract between us.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these general conditions:
– We will contact you as soon as reasonably possible to notify you; and
– Our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the products. Please see your cancellation rights under art. 7. We will only cancel the contract if the Event Outside Our Control continues for longer than 10 weeks in accordance with our cancellation rights in art. 2.
Although the Website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.
WHO IS RESPONSIBLE FOR YOUR PERSONAL DATA?
The Turkish company, Pop by Gaea, is the controller of the personal data you submit to us and responsible for your personal data.
WHAT TYPES OF PERSONAL DATA DO WE COLLECT?
We will collect personal data that you submit to us, for example, when you place orders, contact our customer service or participate in competitions. The personal data that you submit to us may for example include contact information, date of birth and payment information. In addition we may collect certain personal data from external sources such as credit information and address updates.
HOW DO WE USE YOUR PERSONAL DATA?
We may use your personal data for the following purposes:
– To create and manage your personal account at Pop by Gaea
– To process your orders and returns via our online services
– To send text message notifications of delivery status
– To contact you in the event of any problems with the delivery of your items
– To answer your queries and to inform you of new or changed services
– To send marketing offers such as newsletters and magazines
– To notify the winners in competitions arranged online
– To manage your account by carrying out credit checks
– To make analyses in order to provide you with relevant marketing offers and information
– To validate that you are of legal age for shopping online
– To send you surveys in order to give you a possibility to influence our offer and services
– To test and improve our systems by which the services are provided
– To prevent misuse or improper use of our services
We will keep your data for as long as necessary to fulfil the purposes above or for as long as we are required by law. After this your personal data will be deleted.
WHAT ARE YOUR RIGHTS?
You have the right to request information about the personal data we hold on you at any time (free of charge, once a year). If your data is incorrect, incomplete or irrelevant, you can ask to have the information corrected or removed. We cannot remove your data when there is a legal storage requirement, such as book-keeping rules or when there are other legitimate grounds to keep the data, such as unsettled debts. You can withdraw your consent to us using the data for marketing purposes at any time. You can contact us by sending an email to email@example.com
WHO HAS ACCESS TO YOUR PERSONAL DATA?
Your data may be shared within Pop by Gaea. We never pass on, sell or swap your data for marketing purposes to third parties outside Pop by Gaea. Data that is forwarded to third parties, is only used to provide you with the services mentioned above, for example shipping agents in connection with the delivery of goods, media agencies for distribution of newsletter and credit reference or debt collection agencies for the purpose of credit rating checks, identity checks and debt collection.
HOW DO WE PROTECT YOUR PERSONAL DATA?
We have taken technical and organisational measures to protect your data from loss, manipulation, unauthorised access. We continually adapt our security measures in line with technological progress and developments. To make card purchases with us as secure as possible, all information is sent in encrypted form. This means that the information is passed through a secure connection and that your personal data cannot be read by external parties. For card purchases we work with an authorised payment agent that helps us to check directly with your bank that the card is valid for purchases. Our payment agent processes your card details according to the international security standard PCI DSS, which was developed by the card companies VISA, MasterCard. This means that your card details are processed with a very high level of security. When you pay by card, we reserve the right to carry out an identity check.
There are two types of cookies: permanent and temporary (session cookies). Permanent cookies are stored as a file on your computer or mobile device for no longer than 12 months. Session cookies are stored temporarily and disappear when you close your browser session. We use permanent cookies to store your choice of start page and to store your details if you select “Remember me” when you log in. We use session cookies when you use the product filtration function, to check whether you are logged in or if you put an item in your shopping bag.
You can easily erase cookies from your computer or mobile device using your browser. For instructions on how to handle and delete cookies please look under “Help” in your browser. You can choose to disable cookies, or to receive a notification each time a new cookie is sent to your computer or mobile device. Please note that if you choose to disable cookies, you will not be able to take advantage of all our features.
We use third-party cookies to collect statistics in aggregate form in analysis tools such as Google Analytics. The cookies used are both permanent and temporary cookies (session cookies). The permanent cookies are stored on your computer or mobile device for no longer than 24 months.
The site popbygaea.com may include links to other websites which do not fall under our supervision. We cannot accept any responsibility for the protection of privacy or the content of these websites, but we offer these links to make it easier for our visitors to find more information about specific subjects.