Conditions of Sale
This web site is operated by Zerbay Colection, located in General Aldogan Street 61/A, Istanbul, Turkey.
These terms and conditions (“Conditions of Sale”) govern the use of this web site (www.zerbaycollection.com and any other web site operated by Zerbay Collection). By placing an order with Zerbay Colection you agree to be bound by these Conditions of Sale with respect to the purchase of goods based on your order.
1. ORDERS AND CONCLUSION OF CONTRACT
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. Your order is an offer by you to us to buy the product(s) in your order. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. Our confirmation of your order is only an acknowledgement by us that we received your order. Such confirmation does not constitute acceptance of your offer to buy the product(s) you ordered. Your offer will only be deemed accepted, and the contract of sale for a product ordered by you is concluded, at the time we dispatch the product to you and send an e-mail confirming to you that we have dispatched the product to you.
We may cancel a contract or reject an order by you if the product ordered is not available for any reason. If this is the case, we will notify you and return any payment that you have made.
2. PRICES AND INVOICING
The prices displayed on the site are quoted in Euros. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Invoices may be sent electronically.
3. RIGHT OF CANCELLATION OF YOUR PURCHASE
We want you to be satisfied with your zerbaycollection.com purchases.
Unless correspondingly stated otherwise on the product description web page for the product order by you, you may cancel your purchase without specifying any reason within 14 (fourteen) days from the day on which you or your designated representative (other than the carrier) receives the purchased goods.
The cancellation of purchase of products, which are ‘made to measure’, ‘tailor made’ or are otherwise only produced due to your order and/or based on the measurements provided by you, is only possible in case the product is faulty – a cancellation without reason in these cases is not possible.
You have to inform us of your decision to cancel your order via email to firstname.lastname@example.org, specifying the order number and the goods you want to return.
Access the dedicated return form and enter all information asked for.
We will reimburse all payments received from you for the goods purchased. However, delivery charges for the return of the goods have to be borne by you and we will not reimburse these cost. We will use the same means of payment as you used for your payment. We will withhold reimbursement until we have received the goods back. You or the carrier you choose will liable if the value of the goods returned diminishes due to the handling of the goods or if the goods get lost in transit.
We can only accept returned goods if they:
- are returned in perfect condition;
- have not been worn or altered;
- are accompanied by the original invoice and packaging; and
- are returned within 14 days of your notice to
- us that you wish to cancel your purchase.
In case the above conditions are not met we cannot reimburse payments.
MADE TO ORDER – Shoes made to order, not built before the order is confirmed.
Pairs which are not available in stock and therefore have to be produced, indicated by “shipping in 2 or 3 weeks” after selecting the size cannot be returned and will not be refunded.
Please note that also personalized or custom made items cannot be returned and will not be refunded.
We recommend that you ensure your shoes fit to your satisfaction on a carpet before wearing them outside or on rough surfaces as all returned goods need to be in perfect condition, and come with their original packaging. Unfortunately we will not be able to accept returns if they are not in perfect condition.
Please allow up to 2 weeks for us to receive and process your return or exchange. We will credit your original form of payment unless otherwise specified.
4. PROHIBITION TO RESALE
You may not purchase any item from this site for commercial resale by you or any other person, and you may not commercially resell any item purchased from this site.
We warrant that:
a) the product will be delivered undamaged in the quantities ordered; and
b) the product will conform with the information as set out on the Site at the time you placed your order with respect to that specific product.
It is your responsibility to ensure that you use and maintain the product strictly in accordance with the instructions enclosed.
Unless specifically agreed with you, in case the products delivered are damaged or otherwise do not correspond with your order (“Warranty Breach”), we do not offer to repair products or to reduce the purchase. Your sole remedy in case of a Warranty Breach is either (i) unwinding the contract or (ii) exchange of the product. In case of unwinding the contract you will have to return the product and we will reimburse all payments received by you as set forth herein. Subject to availability of an exchange product we may agree with you to exchange, without any obligation to do so.
Any other claims resulting from a Warranty Breach (including from a breach of statutory warranty breaches) are – to the extent permissible – hereby excluded.
6. SHIPPING & RETURNS
a) Delivery Dates and Shipping Methods
You can expect your items to arrive by the estimated delivery date, which is shown for each item during checkout and included in your order confirmation email. Your items may arrive sooner than the estimated delivery date. Please also note that the estimated delivery date is an estimate only and is not guaranteed.
Shipping Method: Pending order verification and credit approval, orders will arrive as specified below. Orders will ship within 2-3 weeks. Saturday, Sunday and holidays are not considered business days. Zerbay Collection reserves the right to send packages via other shipping methods based on the shipping destination as long as orders will still arrive within the arrival times outlined on www.zerbaycollection.com.
Please note: Pre-Order allows you to order items that are not immediately available for shipping and, therefore, won’t ship until a later date. You can expect your pre-ordered items to arrive by the expected delivery date, which is shown for each pre-order item during checkout and included in your Pre-Order confirmation email. Pre-ordered items may arrive sooner than the expected delivery date. Please also note that the expected delivery date is an estimate only and is not guaranteed. You will be notified via email if there is an issue that will delay your delivery beyond the expected delivery date.
You will be asked to provide a telephone number on the shipping page of checkout, which is important in the event the courier needs to arrange a delivery time with you. You will also be asked to provide an email address, to which we will send confirmation that your order was placed.
Delivery schedules are estimated. Actual delivery times may vary depending on shipping locations. When estimating package delivery time, please allow time for credit approval, address verification and order processing.
b) Worldwide Shipping
WORLDWIDE FREE SHIPPING ON ALL your ORDERS.
Zerbay COLLECTION explicitly uses UPS Cargo to fulfill your shipment.
ALL ORDERS HAVE AN ESTIMATED DELIVERY TIME WITHIN 2-3 WEEKS.
UPS Cargo accepts the orders between Monday – Friday.
e) Customs, Duties, Tariffs, Taxes and Value Added Tax (VAT)
Any applicable fees, duties and taxes are based upon the laws and regulations of the country to which the order is shipping and are solely your responsibility. Shipments originating within the European Union (EU), where noted in the product description, to addresses located within the EU are subject to VAT.
The amounts are typically determined based on a combination of factors that may include:
- The merchandise’s country of origin or manufacture;
- The merchandise classification, using a system adopted by the countries that we ship to;
- VAT rates are set by the country to which the order is shipping;
Note: If you refuse delivery of any shipment, you are responsible for payment of all return shipping fees and any applicable fees, duties and taxes; in this case, all such return shipping fees and any applicable fees, duties and taxes will be billed to the method of payment you used. Shipping fees are not refundable for undeliverable shipments or refused shipments.
7. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of Turkey and the application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of Istanbul, Turkey, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Turkey or in the EU country in which you live. If you are living outside the European Union, we both agree to submit to the exclusive jurisdiction of the courts of Istanbul, Turkey.
8. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our Site and these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Istanbul, February 2019.