TERMS & CONDITIONS





       1- Membership

  • In order to access the website of MARVVA (“Site”) and purchase items (“Items”) sold through the Site, a customer (“You” or “Customer” or “Your”) needs to first become a member (“Member”). In order to become a Member, a Customer must submit to MARVVA (“MARVVA” or “We” or “Us” or “Our”) a request for membership with a valid email address. MARVVA reserves the right to accept such membership at its sole discretion and upon accepting such membership, will issue a password to such Member. Please note that only Members will be able to have access to and use password protected or secure areas of the Site. A Member may not have more than one account or membership. The membership and account are personal to the Member and may not be sold, assigned or otherwise transferred to any person. MARVVA reserves the right to take action against any person who is not a Member who attempts to access password protected or secure areas of the Site.
  • Before submitting a request for membership, You must read, accept and agree to be bound by the terms and conditions of the Site and of our privacy policy (collectively, the “Terms”) and by becoming a Member, You are deemed to have agreed to those Terms.
  • We may from time to time change these Terms at our sole discretion. It is therefore important that You periodically check the Terms. MARVVA will notify its Members of any material change or modification to the Terms by (a) sending You an email to the email address registered for Your account; and (b) by displaying a notice in a prominent manner on the Site for a period of thirty (30) days. You agree that MARVVA is not responsible for any failure to receive such email. By using this Site after any such change(s), You agree to comply with, and be bound by, the Terms, as changed.
  • You are responsible for maintaining the confidentiality of Your account and Your password, for restricting access to Your computer, for Your use of this Site and for all of Your communication and activity on and pursuant to this Site. For privacy and security concerns, You are strongly advised to log out from Your account at the end of each session. You agree to notify MARVVA immediately of any unauthorized use of Your account, password or any other security breach of which You become aware.
  • You agree to only provide to Us information that is true, current, accurate and complete, including in the Site’s membership application/registration. MARVVA has the right to suspend or terminate Your membership and account and refuse any and all current or future use of the Site or any portion thereof if MARVVA determines or has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete or that as a result of the passage of time or change of events or circumstances, such information is no longer true, current, accurate or complete. Membership and Our services are not available to persons under the age of eighteen or to any person whose membership MARVVA has rejected, suspended or terminated for any reason. By submitting a request for membership, You represent to MARVVA that You have the legal ability to form a binding contract under the laws of the Republic of Turkey or other applicable jurisdiction.
  • To be eligible to purchase Items on the Site, You must (a) be the holder of a valid debit/credit card issued by a bank acceptable to Us; and (b) warrant that the personal information which You have provided when You applied to become a Member is true, accurate and current in all respects.
  • By accepting these Terms, (a) You hereby give Us authorization to process a charge on Your debit/credit card in the amount of the total purchase price of any and all Items being purchased by You; and (b) You authorize MARVVA to perform credit checks, to transmit or obtain Your credit card or credit report information including updated information to or from third parties solely to verify Your identity, to validate Your credit/debit card, to obtain an initial credit authorization or to authorize purchasing transactions. If the issuer of Your debit/credit card refuses to authorize payment to MARVVA, We will not be liable for any delays or lack of delivery of the ordered Items.

  1. Orders

  • Orders on the Site or a related site (a “Related Site”) are subject to Our acceptance and to the availability of the ordered Item(s) and We reserve the absolute right in Our sole discretion to reject an order for any reason.
  • Items in Your shopping basket are not reserved and may be purchased by other Members. Once You have placed Your order, We will send You an email acknowledging the exact details of Your order, providing You with a payment reference and the value of Your order that will be debited from Your credit/debit card. This is not an order confirmation or order acceptance from MARVVA.
  • Unless We have notified You that We do not accept Your order, Our acceptance of Your order and the completion of the contract between You and Us will take place when You receive an email from Us notifying You that We have dispatched the Items ordered by You (“Dispatching Email”). The Dispatching Email constitutes a sales contract, in the English language, between MARVVA and You concluded in Istanbul, Turkey.
  • The conclusion of this contract is subject to (a) You being a Member in good standing with a valid password at the time of the Dispatching Email; (b) Your debit/credit card company authorizing the full amount of payment for the order; (c) the Items being in stock; (d) the Items satisfying Our quality control standards; (e) the absence of any product or pricing error concerning the ordered Item; and (f) and that no shipping restrictions have been imposed on the Items included in Your order.
  • Please note that We reserve the right to reject any offer to purchase by You at any time and at Our sole discretion.
  • Whilst We will try to keep the Site as up to date and accurate as reasonably possible, We cannot guarantee that any particular Item will always be available, and We may from time to time discover an error in the pricing of Items. We will let You know as soon as possible if We discover an error in the pricing of an Item in Your order. Please note that We shall be under no obligation to accept or fulfil an order for an Item that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit.
  • If We refuse or are unable to fulfil Your order following Our order acknowledgement, We will contact You by email or telephone advising You of this. If We have already sent the Dispatching Email to You for such Items, We will notify You that Your order for such Items has been cancelled and will release the funds being held in Your account for the purchase or reimburse You for any paid purchasing amount as per Section ‎6 below, as applicable. In the event that Items are recalled in transit, We will process Your refund once the products have been returned to Us.
  • We will retain the legal ownership of the ordered Items until full payment has been made by You and such payment has been received by Us. Legal ownership of the Items will immediately revert to Us if We refund any such payment to You. Risk in the Items will pass to You on delivery to You.

  1. Payment and Cancellations

  • The prices indicated on the Site or a Related Site for each Item are in US Dollars and do not include any applicable taxes, custom duties, shipping and handling charges. The US Dollar price of goods or services displayed on the Site at the time Your order is accepted will be applied, except in cases of patent error. The purchases price of Items by a Member whose credit card is not denominated in US Dollars will be calculated in accordance with the applicable exchange rate on the day the credit card company processes the transaction.
  • Please note that all purchases are final.  You shall not have the right to return or exchange any Item and except as otherwise provided herein, there shall be no refund of any amount paid by You. Except as otherwise provided herein, payments are non-cancellable and non-refundable.
  • If You reside outside of Turkey, You may need to pay applicable custom duties and charges to You. We recommend that You contact Your local customs authority to determine a landed cost price for Items prior to placing Your order.
  • Payment may be made by Visa, MasterCard and American Express cards and any other method, which the Site from time to time provides for as a method of payment. Payments will be debited and cleared from Your account at the time of purchase. We will charge Your account the amount of shipping costs applicable to Your shipping address.
  • The status of Your order will be available in My Account/My Orders, and once dispatched, via www.ups.com. Your tracking number will be included in the Dispatching Email.
  • In the event that We cancel an order for Items that We have billed to Your debit/credit card, We will credit Your account in an amount equal to the purchase price charged to You for the relevant Item and any applicable shipping or handling fee that We have charged to Your debit/credit card.

  1. Security for the Site

  • To help ensure that Your shopping experience is safe, simple, and secure, MARVVA uses Secure Socket Layer (SSL) technology. Debit/credit card transactions on the Site will be processed using a secure online payment gateway that encrypts card details in a secure host environment. Furthermore MARVVA takes reasonable care, in so far as it is in its power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part, We cannot be held liable for any loss You may suffer if a third party procures unauthorized access to any data You provide to Us or when accessing or ordering from the Site.

  1. Copyright and Trademarks

5.1  As used in these Terms, “Content” means any graphics, photographs, including all image rights, sounds, music, video, audio or text on the Site. All Content on the Site is the property of MARVVA. The Content – including third party trademarks, designs, and related intellectual property rights – is protected by applicable national and international intellectual property laws.

5.2  The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of MARVVA and are protected by Turkish and international trademark laws.

5.3  Your use of the Site and its contents grants no rights to You in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. You may use the Content only as expressly authorized by MARVVA. Except as expressly set forth in the “Limited License” below, or as required under applicable law, none of the Content, the Trademarks, or any other portion of the Site may be copied or used for publication, reproduction or distribution without our prior written consent.

  1. Limited License

  • This Site is for Your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on Your own Site.
  • The limited license set forth in this Section does not include the right to:
  1. modify or download the Site or the Content (except caching or as necessary to view content);
  2. make any use of the Site or its Content other than personal use;
  3. create any derivative work based upon either the Site or its Content;
  4. collect account information for the benefit of another party;
  5. use any meta tags or any other ‘hidden text’ utilizing our name or the Trademarks without our express written consent;
  6. use software robots, spiders, crawlers, or similar data gathering; and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
  • You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site may:
  1. link to, but not replicate, our Content;
  2. not imply that We are endorsing such website or its services or products;
  3. not misrepresent its relationship with Us;
  4. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
  5. not portray Us or Our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate Us with undesirable products, services, or opinions;
  6. not use any Trademark without Our prior written consent; and
  7. not link to any page of the Site other than the home page. We may, in Our sole discretion, request that You remove any link to the Site, and upon receipt of such request, You shall immediately remove such link.
  • You may not bypass any measures used by MARVVA to prevent or restrict access to the Site.

  1. Warranties

  • MARVVA tries to ensure that the information on the Site is accurate and complete. MARVVA does not promise that the Content is accurate or error-free. MARVVA does not promise that the functional aspects of the Site or the Content will be error free or that this Site, the Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
  • All Items are provided to You ‘AS IS’ without warranty of any kind either express or implied including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose.
  • Please note that We have taken great care to ensure that the Items on the Site are presented as accurately as possible. However, color clarity will depend upon Your own personal monitor and We therefore cannot guarantee that the color of the actual Item is absolutely accurate.
  • MARVVA does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than MARVVA. Except as set forth in applicable consumer protection laws, MARVVA will not be liable for any loss or damage caused by any reliance on information obtained through the Site or a Related Site.
  • By posting on the Site, You agree to be solely responsible for the content of all information You contribute. You also grant to MARVVA a right to use any content You provide for its own purposes, including republication in any form or media. Comments may be moderated and may take some delay to be displayed but MARVVA does not commit to checking all content and will not be liable for third party posts.
  • We reserve the right at Our sole discretion not to publish or to remove any comment including those that We believe may be defamatory, racist, libelous, illegal, incite hatred or violence, prejudicial, or improperly uses the medium for promoting and advertising businesses, and to take any remedial action We deem appropriate including, but not limited to, the suspension or termination of Your membership. We will cooperate fully with law enforcement authorities or court order or subpoena requesting or directing Us to disclose the identity of anyone posting such materials.
  • You understand and agree that MARVVA will not be liable either to You or to any third party for withdrawing any Item from the Site or a Related Site whether or not a valid sales contract exists, removing, screening or editing the Site or a Related Site, or suspending or terminating any transaction after the Dispatching Email has been sent.
  • MARVVA will not be responsible for any hyperlinks on this Site to Related Sites or other World Wide Web sites or resources operated by parties other than MARVVA, including advertisers. MARVVA has not reviewed all of the sites linked to its Site, has no control over such sites and resources, is not responsible for the content or accuracy of any off-site pages nor are We responsible for the availability of such external websites or resources, does not endorse any such sites or resources, and will not be liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

  1. Damages

  • You expressly understand and agree that MARVVA and its affılıates, shareholders, subsidiaries, officers, directors, members, managing members, employees, agents, partners and licensors shall not be responsible for any direct, indrect, incedental, special, comsequential or exemlary damage, including, but not limited to, damages for loss of profits,goodwill, use, data or other intangible losses resulting from use of the site  or content.
  • MARVVA SHALL also not responsible for failure to meet any of ITS obligations under the TERMS where such failure is due to events beyond ITS reasonable control.

  1. Indemnification

  • You agree to indemnify and hold harmless MARVVA, its subsidiaries, shareholders, affiliates, officers, directors, members, managing members, agents and others acting on its behalf from any claims, causes of actions, demands, damages, including legal fees, in connection with, arising out of, or related to Your breach of the Terms or the Site, Your violation of any law or the rights of a third party or the use by any other persons accessing the Site using Your membership account caused by Your action or inaction.

  1. Jurisdiction and Governing Law

  • The Terms and the relationship between MARVVA and You will be governed by the laws of the State of New York without regard to its conflict of law provisions.
  • MARVVA and You agree to submit to the personal jurisdiction of the federal and state courts located in Istanbul, Turkey with respect to any legal proceeding that may arise in connection with these Terms. MARVVA and You agree that the courts should endeavor to give effect to the parties’ intentions as reflected in the provisions of these Terms, and that if any of the provisions are deemed invalid, void or unenforceable for any reason, the unenforceable provision shall be deemed severed and will not affect the validity and enforceability of any remaining terms or conditions.

  1. Miscellaneous

  • You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between You and MARVVA as a result of the Terms or Your use of the Site. You agree that You may not and will not hold yourself out as a representative, agent, or employee of MARVVA, and We shall not be liable for any representation, act, or omission on Your part.
  • Our failure or delay in enforcing at any time any of the provisions of these Terms, shall not be construed to be a waiver of such provision, nor in any way to affect the validity of the Terms, or any parts thereof, or Our right thereafter to enforce each and every provision.
  • The Terms do not create any rights of enforcement for any third party that is not a party to a contract concluded pursuant hereof.

 

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