TERMS AND CONDITIONS
Terms and Conditions of Day Moth
These General Terms and Conditions apply to all your purchase orders placed at the online shop of Day Moth www.daymoth.com.
We are the operator of the website www.daymoth.com.
We are Day Moth. With a registered office at Adalet Mah. Manas Blv. Folkart Towers No: 47/B Door: 2804 Bayraklı/ Izmir
1. We provide our deliveries, services and offers and enter into any contract exclusively on the basis of these General Terms and Conditions. General Terms and Conditions apply also to all future contracts even if they are not explicitly agreed again. We already now object to the application of a customer’s general terms and conditions which contradict our General Terms and Conditions.
2. The sole contract language shall be in Turkish/English.
3. You can view and print out the currently effective General Terms and Conditions on our website www.daymoth.com Conclusion of the contract will be documented and stored at our location. Upon conclusion of the contract, the text of the contract will not be filed at our location and will therefore not be accessible by you.
CONCLUSION OF CONTRACT
1. Presentation of goods in our online shop shall not represent a binding offer by us to conclude a purchase contract. Rather, this shall be a non-committal request to order goods from the online shop.
2. By clicking the “Buy Now” button you make a binding offer of purchase.
3. Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (confirmation of receipt). The confirmation of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the confirmation of receipt.
4. A purchase contract for the goods shall be concluded only when we expressly declare acceptance of the offer of purchase or – if you are not a consumer – when we ship the goods to you without an express prior declaration of acceptance.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
All prices and charges on the website are in the currency appropriate for the country selected at the top right hand corner of the website. Delivery charges will be applied based on the delivery address chosen and these will be displayed in the order process.
The prices quoted on the good pages include value-added tax and other price components and the respective shipping costs.
TERMS OF PAYMENT, DEFAULT
1. Payment can be made optionally by: Credit card or Debit Card
2. When paying by credit or debit card, the amount of the purchase price will be reserved on your credit card or debit card at the time of ordering. We will charge your credit card/debit card account when dispatching your order.
1. Unless otherwise agreed, the goods shall be delivered from our warehouse to the address you have specified.
2. The goods shall remain our property the purchase price has been paid in full.
3. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
4.Delivery will be completed when we deliver the Products to the address you gave us.
5.You own the Products once we have received payment in full, including all applicable delivery charges.
1.We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
2. If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
3. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
INFORMATION ABOUT RIGHT OF WITHDRAWAL
If you are a consumer, that means every natural person who enters into a legal transaction which is not mainly induced by either his commercial or self-employed professional activity, you have a right of withdrawal subject to the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise your right of withdrawal, you must inform us,
Day Moth registered office at Adalet Mah. Manas Blv. Folkart Towers No: 47/B Door: 2804 Bayraklı/ Izmir E-mail: firstname.lastname@example.org, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods to Day Moth, Adalet Mah. Manas Blv. Folkart Towers No: 47/B Door: 2804 Bayraklı/ Izmir/TURKEY, without undue delay and in any event not later than within 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of Withdrawal conditions
1. The right of withdrawal does not apply to any delivery of goods which are made to your own specifications, which are clearly tailored to your personal needs or which are clearly personalised (e.g. customised production), to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.
2. Please avoid damage and soiling. Please return the goods to us with the original packaging if possible, with all accessories and with all packaging components. If appropriate, use a protective outer packaging. If you no longer have the original packaging, please use an appropriate packaging to provide sufficient protection against damage in transit to avoid claims for compensation due to damage as a result of insufficient packaging.
VOLUNTARY RETURN GUARANTEE WITHIN 30 DAYS OF RECEPTION OF GOODS
Irrespective of your right of withdrawal you can return all goods purchased on our website for a refund within 30 days of receiving
your original order (Return Guarantee). According to this Return Guarantee you can cancel your purchase contract after the end of
the withdrawal period by returning the purchased goods within 30 days of receiving the good to the address specified below. The deadline is met if you send back the goods before the period of 30 days has expired. Please return the goods to: Adalet Mah. Manas Blv. Folkart Towers No: 47/B Door: 2804 Bayraklı/ Izmir TURKEY.
1. You are only allowed to cancel the contract under this only if you send back the goods in its original packing, you only tried the product on in a way comparable to trying it on in a usual store and the product is not damaged.
2. This voluntary return guarantee does not apply to any delivery of goods which are made to your own specifications, which are clearly tailored to your personal needs or which are clearly personalised (e.g. customised production), to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.
3. Should you wish to return the goods, please use the returns label attached to your goods. In case you need a new returns label, please send an e-mail to email@example.com
PRIVACY & SAFETY
Should any of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts or otherwise. Each of the paragraphs of these Terms 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.
These Terms are governed by Turkish law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Turkish law. You and we both agree to that the courts of Istanbul will have exclusive jurisdiction.
1. We bear the risk of transport until the good has been delivered to you. If goods obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible.
2. Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.
Credit / Debit Cards
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