TERMS & CONDITIONS
1. INTRODUCTION
Welcome to the ESTRELLASTANGOSHOES.COM website and co-branded versions of the website located at URLs that resolve to the domain name ESTRELLASTANGOSHOES.COM (the “Website” or “Site”). As you have no doubt experienced with virtually all websites, your use of this Site, as well as the use of any ESTRELLASTANGOSHOES-branded mobile application on your smartphone or handheld device (“Mobile App”), is subject to certain terms and conditions of use (collectively “Terms”) set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING AND/OR PLACING AN ORDER FROM THIS WEBSITE OR THE MOBILE APP. THEY MAY SEEM TECHNICAL AND LEGALISTIC, BUT THEY ARE IMPORTANT. BY USING THIS SITE, OUR MOBILE APP, AND/OR PLACING AN ORDER FROM THIS SITE OR THE MOBILE APP, YOU ACCEPT THESE TERMS, ESTRELLASTANGOSHOES GIFT CARD GENERAL TERMS AND CONDITIONS (“GIFT CARD TERMS”), AND OUR PRIVACY POLICY WITHOUT ANY RESERVATIONS OR QUALIFICATIONS, AND YOU AGREE TO BE BOUND BY THESE TERMS, THE GIFT CARD TERMS, AND OUR PRIVACY POLICY. THIS INCLUDES, WITHOUT LIMITATION, ACCEPTING THE TERMS RELATING TO BINDING ARBITRATION, WAIVER OF THE RIGHT TO CLASS ACTION, DISPUTE RESOLUTION (IF APPLICABLE) DISCLAIMER OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, AND NEW YORK CHOICE OF LAW AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OR OUR PRIVACY POLICY, WHETHER IN WHOLE OR IN PART, PLEASE DO NOT USE THE SITE OR OUR MOBILE APP, OR ANY OF THE SERVICES PROVIDED ON THE SITE OR THE MOBILE APP, OR PLACE AN ORDER FROM THE SITE OR THE MOBILE APP.
These Terms constitute an agreement between you (hereinafter, “you” or “your”) on the one hand, and UTKU KÜLEY AKADEMİ ORGANİZASYON,., an Istanbul/Turkey based corporation with its principal address at OSMANAGA MAH KUSDILI CADDESI NO 8 INSAATCILAR ISHANI OFIS NO 12-13-14 (hereinafter collectively, “us,” “our,” “we,” “ESTRELLATANGOSHOES,”SULTANSTANGO”, “UTKU KÜLEY AKADEMİ ORGANİZASYON” or the “Vendor”) on the other hand, in relation to your use of the Website or Mobile App, the goods/services offered and sold through this Website or the Mobile App, and any orders you place through the Website or Mobile App (collectively, the “UTKU KÜLEY AKADEMİ ORGANİZASYON Services”). Before you place an order, please carefully read these Terms, the Gift Card Terms, and our Privacy Policy. If you have any questions about the Terms, the Gift Card Terms, or the Privacy Policy, you may contact us via the contact information provided on our “Contact Us” webpage on the Site.
2. DISPUTES
You agree that any controversy or claim arising out of or relating to the Terms, the Gift Card Terms, the Site, the Mobile App, the Privacy Policy, and/or the UTKU KÜLEY AKADEMİ ORGANİZASYON Services shall be settled by binding arbitration in Istanbul / Turkey, or at such other location as may be mutually agreed upon by the parties.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred. YOU FURTHER AGREE THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE, THE MOBILE APP, THE PRIVACY POLICY, THE GIFT CARD TERMS, AND/OR THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Any disputes arising out of or relating to these Terms, the Gift Card Terms, the Privacy Policy, the Site, the Mobile App, and/or the UTKU KÜLEY AKADEMİ ORGANİZASYON Services shall be resolved in accordance with the laws of Turkey, without regard to its conflict of law rules.
3. USE OF OUR WEBSITE AND/OR MOBILE APP
You agree that:
1. You may only use the Website and/or Mobile App to make legitimate inquiries or orders.
2. You will not make any speculative, false, or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant 3 authorities.
3. You also agree to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Policy for more information on how we use your personal information).
4. If you do not give us all of the information that we need, we may not be able to complete your order.
5. You will not attempt to interfere or interfere in any way with the Site’s network, the Mobile App’s network, or our networks, or related network security, or attempt to use the Site’s or Mobile App’s service to gain unauthorized access to any other computer system.
6. You will not use the Site or Mobile App to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity right of another person or entity.
7. You will not use the Site or Mobile App to engage in conduct that would constitute a civil or criminal offense, or that otherwise violates any city, state, national or international law or regulation.
8. By placing an order through the Website or Mobile App, you represent and warrant that you are at least 18 years old and are legally capable of entering into binding contracts.
4. SERVICE AVAILABILITY
Products offered through the Website and/or the Mobile App are mostly available for delivery where our official partner freight companies can.
5. HOW PURCHASE CONTRACTS ARE FORMED
No contract (“Contract”) in respect of the purchase of a product offered on the Site or Mobile App shall exist between you and us until your order has been accepted by us and we send you the Shipment Confirmation (defined below).
If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded.
To place an order, you will be required to follow the shopping process online and press the “Authorize Payment” button to submit the order. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Your order constitutes your offer to us to buy one or more products from us for personal use and not for resale purposes. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the product has been dispatched or, if you selected the Pick-up In Store option (where available), by sending you an email and/or text message (if you so authorize at the time of purchase) that the product is available for instore pickup at the store you designated during the checkout process (collectively, the “Shipment Confirmation”). We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Your card or other method of payment will be charged when you complete your order immediately upon placing the Order. You acknowledge and agree that we do not make any warranty or guarantee regarding when product(s) will be available for pickup through the Pick-up in Store option. For all purchases made through the Site or the Mobile App, you acknowledge and agree that your purchase 4 receipt will be provided electronically only; paper copies of receipts will not be provided.
6. AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid. If you have chosen the Pick-up in Store option, we reserve the right to subsequently notify you that the product(s) you have ordered are not available for the Pick-up in Store option; in such a case, you will be required to elect an alternate delivery method.
7. REFUSAL OF ORDER
We reserve the right to withdraw any product from the Website or Mobile App at any time and/or remove or edit any materials or content on the Website or Mobile App. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that may require us to refuse to process an order after we have sent you an Order Confirmation; and we reserve the right to refuse to process an order at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from the Website or Mobile App, whether it has been sold or not, removing or editing any materials or contents on the Website or Mobile App or for refusing to process or accept an order after we have sent you the Order Confirmation.
8. CANCELLATIONS
You may cancel an Order for certain products if the Order is still being processed (and has not gone to the warehouse) and if your cancellation request is on the same business day as the purchase date. An e-mail should be sent to info@estrellatangoshoes.com with description of the reason for the cancellation of the order.
Because of the costs for international money transfer and Turkish Tax regulations, we cannot refund the payment you have completed. So, in case of cancellation we will send another product with equivalent price or higher. If the new product has a higher price the difference will be asked to send your new order.
Cancellation of Gift Cards shall be governed by the Gift Card Terms, which may be found at: Gift Card Conditions.
We only respond to official e-mail letters as a way of communication. We don’t reply to any SMS, WhatsApp, or social media messages.
9. DELIVERY
Subject to the provisions of Clause 6 above, and unless there are any exceptional circumstances, we will endeavor to fulfil your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 21 business days of the date of the Shipment Confirmation.
1. Customization of products.
2. Specialized products.
3. Unforeseen circumstances; or
4. Delivery area.
For the purpose of these Terms, the “delivery” shall be deemed to have occurred or the goods shall be deemed to “have been delivered” upon receipt of the product(s) at the designated delivery address at the designated delivery address, or upon in-store pickup, as applicable.
However, e-/virtual gift cards shall be deemed to “have been delivered” in accordance with the Gift Card Terms pertaining to gift cards which may be found at: Gift Card Conditions and, in any case, on the date of delivery of such e/virtual gift card to the email address indicated by you on the order form.
For all other packages, we will try to find a safe secure place to leave your parcel as determined by the carrier delivering the package. In the event of a repeated issue with any address provided for you, we reserve the right to request an alternate address to fulfil your next Order.
IF YOU CHOOSE THE PICK-UP IN STORE OPTION, YOU WILL BE REQUIRED TO SHOW A GOVERNMENT ISSUED IDENTIFICATION. To pick up orders placed through the Pick-up in Store option, you (or a third party designated by you) must provide the order number found on the electronic purchase receipt, together with the purchaser’s name and one form of government issued identification. If someone other than you pick up your order, we will record their name for confirming delivery purposes. You acknowledge and agree that the Pick-up in Store option is only available at participating locations, which locations are subject to change without notice. You further agree that the Website’s or Mobile App’s ordering functionality is intended for off-site use only and is not for use for placing an order from within a ESTRELLATANGOSHOES store.
10. UNABLE TO DELIVER
Please note that an Order may be delivered to a neighbor in case a delivery attempt is unsuccessful. Delivery to a neighbor address is upon judgment of the driver. Signature required orders which cannot be delivered will be returned to warehouse as stated above. The carrier will determine if the parcel can be left in a secure place at your delivery address. Your package may be returned to us if there is no safe place to leave the package at the point of delivery. For lost or missing packages, we will provide you with the information of the carrier and tracking number associated with your order so that you may contact them directly to track your package. Please note that we are not responsible for lost packages sent to mail forwarding providers. This clause does not apply to e/virtual gift cards, whose delivery shall be governed by the Gift Card Terms pertaining to gifts cards which may be found at: Gift Card Conditions and the gift card conditions provided in clause 9 above.
11. RISK AND TITLE
The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in Clause 9 above), whichever event occurs later in time.
12. PRICE AND PAYMENT
The price of the products shall be the one quoted from time to time on our Website or Mobile App, except where there is an error. While we take care to ensure that all prices quoted on our website or Mobile App are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or exchanging it. Because of the costs for international money transfer and Turkish Tax regulations, we cannot refund the payment you have completed. So, in case of cancellation we will send another product with equivalent price or higher. If the new product has a higher price the difference will be asked to send your new order.
We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such.
All prices are exclusive of shipping charges, taxes, and duties (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax and duties, (if applicable). Prices may change at any time. Once you have finished shopping on the Website, all the products you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. Payment for orders will be made to UTKU KÜLEY AKADEMİ ORGANİZASYON. By clicking on the “Finalize Order” button, you are confirming that the chosen method of payment is yours or that you are the owner of the gift card or of the merchandise credit card. Cards are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. Throughout the purchase process, before payment, you can modify the details of your order. You much choose your payment mandated and whether you require a gift receipt (if one is available) before you place the order. Please note that a binding order is placed at the time that you press the relevant “authorize” or “finalize order” button on the device screen, at that point you are then bound to pay for your order once it has been placed. Payment may be made by Visa, MasterCard, American Express card, and any other card accepted. Any legally permissible validation of checks and authorization of your card will apply.
13. RETURN & REFUND AND EXCHANGE POLICY
Please, keep in mind that YOU HAVE ALREADY ACCEPTED our Return & Refund & Exchange Policies during placing your order.
We kindly ask you to order product(s) only you hope to keep, rather than placing many pieces with the expectation of returning most of them like in non-tango online shopping world.
Almost, every product is handmade, and the production is limited based on materials or design. As, you may guess it is not possible for us to work like big fashion companies who can afford to return/refund/exchange all the orders have been placed.
We don’t accept any refund requests for any reason because of the taxes, tariffs, excise charges, duties & transportation costs.
We are not responsible for lost packages. The cost of expedited shipping to you for the original order (if applicable) is not subject to refund.
However, ESTRELLA TANGO SHOES applies and believes in The Consumer Protection Law. We may exchange your order subject to the conditions set forth below.
If there is a missing item with your delivery. In this case, customer must inform us by sending an email to info@estrellatangoshoes.com and after reviewing our records. We will send the missing product free of charge of the delivery cost. In other hand, Customs, Duties, and other costs should be paid by the customer as usual.
In case we have send a different product then customer’s order. We will ask customer to send the mismatching shoes to our headquarters in Istanbul with the receipt and the exact packaging in which they arrived.
- Please be aware that shoes must be returned with their original designer packaging. Shoes exchanged without their original boxes will not be accepted. Therefore, we strongly advise all customers to check products thoroughly upon delivery before removing any attached tags and before disposing of any original packaging.
- To exchanges shoes the return of the shoes in unworn conditions may be accepted within 14 business days from their delivery and with an email sent to info@estrellatangoshoes.com describing the reason for the return.
- Non-faulty items that have been worn and had their sole protection removed will not be exchanged.
- After receiving the shoes, our production department will examine the pair and if there is no damage and the pair is still good for reselling, we will accept the return and send the replacement shoes.
In case we have send shoes, which have manufacturing defects. Keep in mind that the product you bought is a handmade product. So, its normal to have slight imperfections in the items we produce. Please do not confuse imperfections with defects. We define missing parts or torn products as defects. Thanks to our careful quality check process its less probable (%0,23) to send a product with defects. But in case, if you encounter a defect in our product. We will ask customer to send the mismatching shoes to our headquarters in Istanbul with the receipt and the exact packaging in which they arrived.
- Please be aware that shoes must be returned with their original designer packaging. Shoes exchanged without their original boxes will not be accepted. Therefore, we strongly advise all customers to check products thoroughly upon delivery before removing any attached tags and before disposing of any original packaging.
- To exchanges shoes the return of the shoes in unworn conditions may be accepted within 14 business days from their delivery and with an email sent to info@estrellatangoshoes.com describing the reason for the return.
- Products which are not in the same condition as they were at the time of delivery, or which have been used beyond the mere opening of the package shall not be exchanged. So, items that you want to return shouldn’t been worn and had their sole protection intact. Otherwise, they will not be exchanged.
- After receiving the shoes, our production department will examine the pair and if there is no damage and the pair is still good for reselling, we will accept the return and send the replacement shoes.
UTKU KÜLEY AKADEMİ ORGANİZASYON reserves the right to refuse returns of any merchandise that does not meet the above return requirements in UTKU KÜLEY AKADEMİ ORGANİZASYON’s sole discretion. This policy is in addition to and does not affect consumers’ rights under any applicable law.
14. CUSTOM MADE ORDERS
Custom Made Items: which include personalized, edited, or monogrammed items (also sometimes referred to “Pre-Sale” items) may be subject to longer delivery times, which will be shown on the website but, within thirty (30) days from the date of the Order Confirmation, subject to force majeure or events beyond our control. Orders containing regular products with Custom-made Items (“Mixed Orders”), will be delivered according to the timing of Custom-made orders. Once the Custom-made products have been prepared, we will contact you to inform you that they are being shipped (“Shipping Confirmation”). If you made a purchase of a Custom-made order, there will be no refunds, exchanges or returns since they are personalized.
You guarantee that are rightfully authorized to use the texts and personalized items to be added to the personalization of the articles to be EDITED. Notwithstanding the foregoing, we reserve the right to refuse any personalization or cancel such order for the same for failure to comply with these conditions; you are responsible for the personalization requested. We may also refuse any personalization that may consist or include inappropriate elements, intellectual property belonging to others, or other reasons, which may include messages that contain profane, hateful, discriminatory, or otherwise objectionable words, phrases, or symbols. We do not assume the obligation to verify, nor the responsibility for texts or elements that make part of the personalization chosen by you. We assume no liability over any claims or damages by users of the site or third party deriving directly or indirectly from the UTKU KÜLEY AKADEMİ ORGANİZASYON products.
15. LIABILITY AND DISCLAIMERS
We publish information on the Site and Mobile App as a convenience to you. While we attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site or Mobile App at any time without notice. The products described in the Site or Mobile App may not be available in your region. We do not claim that the information in the Site or Mobile App is appropriate to your jurisdiction or that the products described in the Site or Mobile App will be available for purchase in all jurisdictions.
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE OR MOBILE APP, WHICH IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE OR MOBILE APP, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE OR MOBILE APP, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR MOBILE APP, OR THEIR FUNCTIONS OR CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR MOBILE APP WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR MOBILE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR MOBILE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR MOBILE APP. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
We make no warranties of any kind regarding any non-ESTRELLA TANGO SHOES sites or mobile apps to which you may be directed or hyperlinked from the Site or Mobile App. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- ESTRELLA TANGO SHOES sites or mobile apps. We do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site or Mobile App.
IN NO EVENT SHALL UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) (COLLECTIVELY, “DAMAGES”) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR MOBILE APP, OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE OR MOBILE APP, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY CONTAINED HEREIN MAY NOT APPLY TO YOU IN WHOLE OR IN PART TO THE EXTENT DAMAGES.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCURES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
You will indemnify and hold harmless UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES, its parent, subsidiaries, affiliates, officers and directors from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES and such parties, and shall defend UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES and such parties against any and all claims arising out of
(1) your use of the website or breach of these Terms and Conditions;
(2) fraud you commit, or your intentional misconduct or gross negligence; and
(3) your violation of any applicable Turkish or foreign law or the rights of a third party. UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES will control the defence of any claim to which indemnity may apply, and in any event, you shall not settle any claim without the approval of UTKU KÜLEY AKADEMİ ORGANİZASYON OR ESTRELLA TANGO SHOES.
Due to the open nature of the Website and/or Mobile App, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website or Mobile App unless otherwise expressly set out on the Website or Mobile App.
16. INTELLECTUAL PROPERTY
The Site and Mobile App, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials”), is UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under Turkey and/or foreign laws. Except as otherwise provided on the Site, the Mobile App, or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site or Mobile App in whole or in part, for any public or commercial purpose without the specific prior written permission of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES. We grant you a personal, limited, nonexclusive, non-transferable license to access the Site and/or Mobile App and to use the information and services contained on the Site and/or Mobile App. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site or Mobile App and to terminate, change, suspend or discontinue any aspect of the Site or Mobile App, including, but not limited to, the Materials on the Site or Mobile App as well as features and/or hours of availability of the Site or Mobile App, and we will not be liable to you or to any third party for doing so. Subject to Clause 27, we may also impose rules for and limits on use of the Site or Mobile App or restrict your access to part, or all, of the Site or Mobile App without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. As between you and UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES, (or any other company whose marks appear on the Site or Mobile App), UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site or Mobile App, and is the copyright owner or licensee of the Materials on the Site or Mobile App, unless otherwise indicated. The UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, ” UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s Intellectual Property”) are owned by UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES and may be registered in the Turkey and internationally. You agree not to display or use the UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s Intellectual Property in any manner without UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s prior permission. Nothing on the Site or Mobile App should be construed to grant any license or right to use any UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s Intellectual Property without the prior written consent of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s. Except as otherwise provided herein, use of the Site or Mobile App does not grant you a license to any Materials or features you may access on the Site or Mobile App and you may not modify, rent, lease, loan, sell, distribute, or create derivative works of such Materials, features, or materials, in whole or in part. Any commercial use of the Site or Mobile App is prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials or screens for any purpose except as otherwise provided by UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES. If you make use of the Site or Mobile App, other than as provided herein, in doing so you may violate copyright and other laws of Turkey, and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site or Mobile App including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law. This does not prevent you from using the Website or Mobile App to the extent necessary to make a copy of any order. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES makes no claim that the Site or Mobile App may be lawfully viewed or that content may be downloaded outside of Turkey. Access to the content may not be legal by certain persons or in certain countries. If you access the Site or Mobile App from outside of Turkey, you do so at your own risk, and you are responsible for compliance with the laws of the jurisdiction.
17. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
If you believe a work on the Site or Mobile App constitutes infringement of your copyright, trademark or other intellectual property rights please provide our Designated Agent with a written communication containing the following information:
1. evidence of your authorization to act on behalf of the owner of the copyrighted work or trademark;
2. a description of the copyrighted work or trademark that you claim has been infringed;
3. description of where the alleged infringing material is located on the Site or Mobile App, including the permalink where the material is located;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or trademark owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is 14 accurate and that you are the copyright owner or trademark owner or authorized to act on the owner’s behalf; and
7. your physical or electronic signature. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s Designated Agent for notice of claims of copyright infringement and trademark infringement can be reached at info@estrellatangoshoes.com
18. INDEMNITY
You agree to indemnify and hold UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your (including your dependents’ or agents’) violation of these Terms or the posting or transmission of any materials on or through the Site or Mobile App by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
19. WRITTEN COMMUNICATIONS
When using our Site or Mobile App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website or Mobile App, push notifications or messages. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
20. REGISTRATION, PASSWORDS, AND SECURITY
To access some of our services you will have to complete an online registration form. You agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and complete. Upon registering, you will create a password. You are solely responsible for any use of or action taken under your password on the Site or Mobile App. Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content and otherwise access and use the Site, the Mobile App, and services on the Site or Mobile App in accordance with these Terms. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES from any and all liability concerning such transactions or activity. You agree to notify UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES immediately of any actual or suspected loss, theft or unauthorized use of your account or password. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
21. POSTED CONTENT AND SUBMISSIONS
As part of your use of the Site or Mobile App and services offered on the Site or Mobile App, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions, and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site or Mobile App. You hereby grant UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES a right (including any moral rights) and worldwide license to use the Posted Content on the Site or Mobile App and to promote and advertise the Site or Mobile App and UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES in any way. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
1. post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
2. post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it;
3. post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
4. post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
5. post any chain letter or pyramid scheme; or
6. post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES does not confirm that each user is who he or she claims to be. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES is in no way liable for such misuse. Because UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES is not involved in user-to-user dealings and does not control the behavior of participants on the Site or Mobile App, in the event that you have a dispute with one or more users, you release UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES becomes aware of any Posted Content that allegedly may not conform to these Terms, UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES expects that you will use caution and common sense when using the Site and Services.
UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES FOR SUCH REMOVAL AND/OR DELETION. UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR 16 OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE OR MOBILE APP. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR MOBILE APP.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site or Mobile App is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through the Site or Mobile App, you agree that
(a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and
(b) no obligation of any kind is assumed by, nor may be implied against, UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES.
22. NOTICES
All notices given by you to us should be given to us preferably via the avenues of contact provided on our “Contact Us” webpage. Subject to and as otherwise specified in Clause 18 above, we may give notice to you via either the email, message, push notification (if consent has been provided) or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website or Mobile App, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
23. BINDING NATURE; ASSIGNMENT
These Terms, the Gift Card Terms, and our Privacy Policy are binding on you and us and on our respective heirs, successors, and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, the Gift Card Terms, or our Privacy Policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, the Gift Card Terms, and our Privacy Policy, or any of our rights or obligations arising under them, at any time.
24. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). A Force Majeure Event shall include any act, event, non- happening, omission, or accident beyond our reasonable control and shall include (without limitation) the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations, or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure, or accidents. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
25. WAIVER
No failure of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES to enforce any of its rights or remedies under these Terms or the Gift Card Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or Gift Card Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the clause on Notices (Clause 21) above.
26. SEVERABILITY
If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms.
28. OUR RIGHT TO MODIFY THESE TERMS
We have the right to revise and amend these Terms at any time. Your use of the Site or Mobile App after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES policies in force at the time that you order products from us.
29. ADDITIONAL TERMS FOR USERS OF THE MOBILE APP PLATFORM
29.1 Users of the Apple Mobile App Platform. If you download and/or use our Site and/or apps using an iPhone or iPad: You, the end-user of Mobile App, acknowledge that these Terms are entered into by and between UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Mobile App and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Mobile App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Terms incorporate by reference the Licensed Platform End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Mobile App is 18 considered the “Licensed Platform” as defined in the LAEULA and UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES is considered the “Platform Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Mobile App (including, without limitation, a third party claim that the Mobile App infringes that third party’s intellectual property rights) or your use or possession of the Mobile App, including but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the Mobile App.
29.2 Mobile App Platform Updates. We may make available for download certain Mobile App updates or upgrades to the Mobile App to update, enhance, or further develop the Mobile App (“Platform Updates”). The license granted herein allows you to download and use the Platform Updates to update the Mobile App on any device that you own or control. This Agreement does not allow you to update devices that you do not own or control, and you may not make the Platform Updates available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Platform Updates, unless such copy is authorized in writing by us. Except as and only to the extent permitted by applicable law, or by licensing terms governing use of opensourced components included with the Mobile App, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Mobile App, Platform Updates, or any part thereof. Any attempt to do so is a violation of the rights of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES and its licensors of the Mobile App and Platform Updates. By storing content on your device, you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder. The Mobile App and Platform Updates may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. We may, at our discretion, automatically upload Platform Updates to your device. You agree to accept these Platform Updates, and to pay for any costs associated with receiving them. The Mobile App and Platform Updates are subject to Turkey export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Mobile App and Platform Updates. These laws include restrictions on destinations, end users, and end use. Uses of the Mobile App expressly consent to receive push notifications from and on behalf of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES.
29.3 Additional Terms and Conditions of Use of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES App Features These Additional Terms and Conditions of Use (the “Terms”) specifically govern the access to and use of the services and various features available on UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES App (as defined below). These Terms are in addition and without prejudice to the Purchase and Terms and Conditions of www.UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES.com which unless expressly set forth shall be applicable to these App Terms. Features available on the App include: (i) the option to purchase goods via the UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES App, this being deemed to be a purchase made on the Online Store, and therefore subject to the Purchase Conditions of www.estrellatangoshoes.com; (ii) the option to manage receipts for purchases made on UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s website and UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES App (collectively the “Online Store”) and, (iii) the option to receive an electronic receipt or electronic proof of purchase, by UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES showing the designated exclusive QR at a US UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES Store (Physical Stores). Both Physical Stores and Online Stores are operated in the Turkey by UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES, Inc.
29.4 General Description of the Service Purchase of goods on www.UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES.com via UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s APP Customers can purchase goods on www.UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES.com via UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s App. Therefore, purchases made using the App are deemed to be purchases made on the Online Store and as such, are subject to the Purchase Conditions of www.estrellatangoshoes.com, which you need to accept upon purchasing any items.
29.4.1 Management of receipts for purchases made on the Online Store The receipts for purchases made on the UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES Online Store will be stored on the App, specifically in the ‘My Purchases’ section.
29.4.2 Obtaining an electronic receipt When paying for a purchase in Physical Stores, you may request a receipt in electronic format. To do so, the QR code on the App that will be displayed for this purpose must be presented so that the receipt can be automatically sent to the App. From this moment on, you may make exchanges or returns at Physical Stores using said receipt, under the applicable Terms and Conditions, according to the return policy of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES, and, in any event, in accordance with current applicable legislation. In this instance, you will not be issued a paper receipt. Therefore, it is paramount that you understand that by using this QR code you expressly request the e-receipt or the proof of purchase in electronic form, thus opting out of receiving it in paper form. In any case, you may always request the paper receipt by contacting our Customer Service, via any of the means of communication advertised on the UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES website. In any case, the governing regulation on e-receipts or any other regulation applicable, and those to which these Terms and Conditions are bound, shall always prevail. If you choose to de-register as a user, you may request, during the de-registering process, that all the receipts stored in the App be sent by email to an email address provided.
29.4.3 Scan receipts If your original receipt is in paper format, you can generate a digital version of the same receipt by scanning the QR code that is found printed on the receipt. From then on, you can use this electronic receipt to make returns in Physical Stores, although please note that any returns will always be in accordance with the relevant terms and conditions, UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s return policy, and applicable law.
29.5 Availability of Services Offered Via the App In accordance with applicable laws, we reserve the right to amend, suspend or delete, at any time, at our 20 sole discretion and without prior notice, be it generally or in particular for one or more users, any or all of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’S App features, and to modify, suspend or delete, under the same terms, the availability of all or part of the Service.
29.6 Liability Except in those cases where the exclusion of liability is legally limited, we are not liable for any damage that you may suffer from using UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s App in its different features. You agree to use UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s App exclusively for the purposes for which it is intended and therefore, to not make any improper or fraudulent use thereof, and you will be liable to the Company and/or any third party for any damage which may arise from an improper use of UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES’s App. You will be liable in the following cases: a) when, where applicable, your equipment or terminals associated with the App, SIM cards, email addresses and/or any Passwords are used by a third party authorized by you without our knowledge; b) when errors or malfunction occur when you are using the App’s different features as a result of defective hardware, software, devices or terminals or of a lack of the necessary security measures installed on the device on which you are using the App.
29.7 Intellectual Property, Industrial Property and other Rights Associated with the APP Any of the elements that form part or are included in the App are the property or are under the control of the Company or third parties having authorized their use. All the above shall be hereinafter referred to as the “Property”. Users agree not to remove, delete, alter, manipulate or in any other way amend: – The notes, legends, signs or symbols that either the Company or the legal right holders incorporate into their property with regard to intellectual or industrial property (e.g., copyright, ©, ® and ™, etc.,). – Protection or identification technical devises that the Property may contain (e.g., watermarks, fingerprints, etc.,). Users acknowledge that under these Terms, the Company does not assign or transfer any rights over their property or over any third-party properties. The Company only authorizes users to access and use the Properties in accordance with these Terms. Users are not authorized to copy, distribute (including by email or on the Internet), transmit, communicate, amend, alter, transform, assign, or in any other way engage in activities that entail the commercial use of the Property, whether in whole or in part, without the express written consent of the legal holder of the exploitation rights. Access to and use of the Property will always and in all cases be for strictly personal and non-commercial purposes. The Company reserves all rights over the Property that it owns including, but not limited to, all intellectual and industrial property rights that it holds over the Property. The Company does not grant users 21 any licenses or authorizations to use the Property it owns other than those expressly set forth in this clause. The Company reserves the right to terminate or amend at any time and on any grounds any licenses granted under these Terms. Notwithstanding the foregoing, the Company may take legal action against any other use by users which: – does not comply with the terms and conditions herein; – infringes or breaches the intellectual and industrial property rights or other equivalent rights of the Company or of any other third-party legal right holder or violates any other applicable laws.
30. MISCELLANEOUS
You acknowledge and agree that your use of the Site and/or Mobile App may involve you providing an “electronic signature” indicating your desire to use the Site and/or Mobile App. Your “electronic signature” indicates your acceptance of these Terms, and your consent to receive communications about these Terms electronically. If you wish to receive communications in another manner, you may contact UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES at “Contact US” www.UTKU KÜLEY AKADEMİ ORGANİZASYON & ESTRELLA TANGO SHOES.com to change your communication preferences. You may not use or otherwise export or re-export the Mobile App except as authorized by Turkish law and the laws of the jurisdiction in which the Mobile App was obtained. But without limitation, the Mobile App may not be exported or re-exported
(a) into any TURKISH embargoed countries, or that has been designated by the TURKISH Government as a “terrorist supporting country” or
(b) to anyone on the TURKISH Treasury Department’s list of Specially Designated Nationals or the TURKISH Department of Commerce Denied Person’s List or Entity List. By using the Mobile App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Mobile App for any purposes prohibited by TURKISH law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
31. QUESTIONS AND FEEDBACK
We welcome your questions, comments, and feedback. Please send all questions, comments, and feedback to us via the contact information provided on our “Contact Us” webpage. Last modified November 19, 2022