TERMS OF USE AND SALE

1. TERMS OF WEBSITE USE

“Mavi”, “we”, “our”, or “us” shall refer to Mavi Giyim Sanayi ve Ticaret A.Ş., a joint-stock liability company organized under the laws and regulations of the Republic of Türkiye, holding business registration number 309315-0, and with its registered office located at Sultan Selim Mahallesi, Eski Büyükdere Caddesi No:53/2 Kağıthane/İstanbul, TÜRKİYE.

• General

Please read these terms and conditions for [mena.mavi.com] website (“Website”) use (as amended from time to time, these “Use of Website Terms and Conditions”) carefully before using the Website. These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products, and services provided to you via the Website. For the avoidance of doubt, these same Use of Website Terms and Conditions shall apply to any access you may make via the smart device whether by the Website or application.

By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to use and/or access of the Website as reasonably determined by us. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.

These Use of Website Terms and Conditions are presented to you in the English language. If a version of these Use of Website Terms and Conditions was posted or provided in any other language other than the English language, you agree that the translation is provided for convenience only and that the English language version shall govern these Use of Website Terms and Conditions.

• Content on the website

All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations, and software (“Content”), is owned by Mavi, its affiliated companies, its licensors, or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trademark, and other laws and regulations relating to intellectual property rights. Except as explicitly permitted under these Use of Website Terms and Conditions,  or another relevant agreement, with Mavi, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content, and all related rights shall remain the exclusive property of Mavi, its affiliated companies, or its licensors unless otherwise expressly agreed. All such rights are reserved.

• Copyright and Trademarks

The copyright in all Content is and remains owned by Mavi, its affiliated companies, or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print, and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not reuse any Content without first obtaining the consent of Mavi. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You agree not to remove any copyright, trademark, or other proprietary notices from Content found on the Website.

All trademarks, service marks, logos, and trade names which appear on products of Mavi, product packaging, and/or on the Website, whether registered or not (collectively, the “Trade Marks”), remain the exclusive property of Mavi, its affiliated companies, or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Mavi’s prior written consent. The use of any of the Trade Marks on any other Website, network computer environment, or anywhere else in any form and/or in any platform/format (for example, the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites), is prohibited without the express written consent of Mavi.

• Disclaimer of Warranties

The Website and the Content are free of charge and provided 'as is' and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.

Mavi will ensure that the Content in the Website is accurate and not misleading. However, Mavi does not represent or warrant that the information and/or facilities contained in the Website are complete or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Mavi will not provide for specific IT infrastructure or connectivity. Thus, Mavi cannot represent or warrant the Website will be uninterrupted or error free. Mavi does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise, in each case to the fullest extent permitted by applicable law.

• Limitation of Liability

Mavi will take appropriate steps to ensure that the Website is functional and error-free. However, your use of the Website is at your own risk. Neither Mavi, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential, or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Mavi has been advised of the possibility of any such damages.

• Links to Third Parties

For your convenience and to improve the usage of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Mavi’s service and off the Website and are beyond Mavi’s control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The third party sites and platforms you can link to have their own separate terms and conditions, including, without limitation, separate privacy policies. Mavi is not responsible, and cannot be held liable, for the content and activities of these sites and platforms. You therefore visit/access these sites and platforms entirely at your own risk.

Please note that these other sites and platforms may, inter alia, send their own cookies to users, collect data, and/or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those sites and platforms prior to using them.

• Misuse of the Website

You are prohibited from using the Website to post or transmit any user generated content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Mavi may deny you access to the Website at any time in its sole discretion, and which shall include situations where Mavi believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.

You are also prohibited from using the Website to advertise, perform any commercial solicitation or activities of any kind, or otherwise use this Website in any manner not outside of its intended use (as determined by Mavi in its sole discretion).

You may not use any software, robot, crawler, spider, page scraper, or any other automated means or device to (a) access, copy, affect, or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.

You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining, or other illegitimate or unauthorised means.

• Miscellaneous

Communications will be made electronically by sending email or otherwise posting electronically.

If any provision or provisions of these Use of Website Terms and Conditions shall be held to be invalid, illegal, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

Headings used in these Terms are for informational purposes and not binding.

Any failure by either party to exercise or enforce any right or provision of these Use of Website Terms and Conditions does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of these Terms is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of these Terms shall continue to apply. These Terms may be transferred to a third party, without your consent, but this will not affect your rights or obligations.

Mavi reserves the right to modify these Use of Website Terms and Conditions, or the Terms (as defined below), at any time by posting the changes on the Checkout or the Website. Unless otherwise communciated to you by Mavi in writing, any such change will take effect immediately after posting of the revised Terms, and your use of the Checkout after such changes have been posted means that you agree to be bound by the Terms as modified. However, no such change will affect any Order that you have already placed.

If you have any questions or complaints about Mavi, the Use of Website Terms and Conditions, or any of the Terms, please contact us at mena@mavi.com.

2. TERMS OF SALE

By visiting the Website, and continuing to use the Website, and by visiting the checkout, operated by Mavi and residing on the Website (“Checkout”), and placing your order (“Order”) through the Checkout, you confirm that you have read, understood, and agreed to the Terms of Use and Sale (the “Terms of Sale”) and the Privacy Notice (the “Privacy Notice” and together with the Terms of Sale, the “Terms”) in their entirety and you agree to be bound by them.

If you do not agree to these Terms, please do not continue visiting the Website and do not order any Merchandise through the Checkout. These Terms define your legal relationship regarding the visiting, Checkout, the placement of Orders for purchase of Merchandise and purchase thereof.

You buy the merchandise at a price that normally includes any applicable sales taxes (such as Value Added Tax, Goods and Services Tax, Consumption Tax, etc.), plus delivery costs and fees (“Delivery Costs") and any import duties, tariffs, and similar fees that may be imposed by the delivery destination (“Import Charges”). 

Orders placed via the Checkout are solely reserved for a Consumer. A “Consumer” is: (i) as defined by law and case law precedent, and (ii) individuals acting exclusively on their own behalf. Any Order which is determined by Mavi, in its sole discretion, not to be a Consumer retail sale, and, more generally, any Order that is fraudulent, or determined by Mavi, in its sole discretion, as such, will not be accepted. In addition, any Order that is placed on the basis of a “mistake” (as determined by Mavi in its sole discretion), such as a mispriced item, will not be honoured, or accepted, by Mavi unless Mavi unilaterally, and voluntarily, consents to honour the mistake in question.

The characteristics of the merchandise you buy, as well as the price, Delivery Costs, and Import Charges (if available for pre-payment), shall be those displayed to you on the Checkout. Please make sure you review your checkout page so that you can identify and correct any input errors.

We ensure that the merchandise advertised on our Website/Checkout is represented as accurately as possible. However, please be aware that while we strive for accuracy, slight variations in appearance, color, texture, and finish may occur due to factors such as display settings or manufacturing processes. Additionally, the labeling or packaging of the merchandise you receive may not be identical to the images on the Website and may not be in your own language. We are committed to providing clear and transparent information to prevent any form of consumer deception or misunderstanding. You are advised that there may be minor differences between the actual merchandise and the way that it appears on the Website/Checkout, e.g., in relation to appearance / color / texture / finish. The labelling or packaging of the merchandise may differ from the images of these which you see on the Website and may not be in your own language.

• Browsing, Checkout, and Acceptance of Orders

You place the Order for the Merchandise by using the Checkout ordering process. This involves selecting the Merchandise, placing it in the shopping cart/basket and transmitting the order by clicking on the “PAY NOW” button on the Checkout (or similar button). This process permits you to check and amend any errors before making an Order by using the “return to shipping” button (or similar button).

To place an Order, you must be at least the minimum legal age of majority, which enables you to bind yourself to contracts, per local legal requirements in the place where you reside. By placing an Order, you confirm that you meet this requirement.

Once you have placed your Order, it will be acknowledged via an email, which will contain the relevant details of your Order.

Appropriate efforts are made to process and fulfil any Order as quickly as possible. However, certain Orders may be declined. These include, without limitation, abnormal orders, orders which are suspected to be placed not in good faith, or orders which have not been placed by individuals. Your Order may also be declined or cancelled, upon notice to you, if: (a) the Merchandise is unavailable (in which case, if the payment was processed, you will be refunded in accordance with these Terms); or (b) the payment information you provided cannot be verified.

• Fulfilment and Delivery of Orders

Delivery will be complete when the Merchandise will be delivered to the address which you specify when ordering.

Different parts of your Order may be delivered on different dates. Unless otherwise stated, and subject to applicable laws, delivery dates given on Checkout (or on the Websites) are estimates only. We will endeavour to fulfill your Order by the delivery date set out in the Order Confirmation, or, if no delivery date is specified, then within thirty (30) calendar days after the date of the Order Confirmation, unless there are exceptional circumstances. In case of any anticipated delay or difficulties that have a material effect on the delivery of your Order, we will inform you promptly.

Delivery timeframes may be affected by a number of factors outside of the reasonable control of Mavi, including, without limitation, by your delivery address and the delivery method selected. Mavi is unable to specify an exact delivery date and time. Mavi has no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond its reasonable control and where Mavi could not have taken reasonable steps to deal with the delay. For example, delays resulting from customs clearance procedures or other actions of relevant authorities, or delays resulting directly from your actions or omissions, are generally outside of Mavi’s control.

If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery. Efforts will be made to deliver your merchandise according to the details provided by you in the Order.

• Payment Methods

You may pay with the payment methods specified at Checkout.

You acknowledge and agree that: (i) you will be charged by Mavi or one of its third party payment processors (“Payment Processor”), through the payment method you have selected at Checkout for such Order and such other amounts payable under these Terms that may be due in connection with the Order; (ii) you will provide valid and current information about yourself; (iii) Mavi may use the tools, software, or services of Payment Processors to process transactions on its behalf; and (iv) you may be charged bank or credit/debit card issuer with additional fees (such as foreign transaction fee or cross border fee) or surcharges imposed by your bank or credit/debit card issuer, and those are not Mavi charges or fees, and Mavi has no control over this nor does Mavi have any way to mitigate this, as this is purely up to the relationship and commercial terms between you and your bank or credit/debit card issuer, and Mavi also has no way of knowing in advance whether you will be charged such fees or surcharges, as each bank and credit/debit card issuer has its own policy, and Mavi commitment is to acquire the amount set at Checkout.

Payment will be made to such affiliate, which will constitute a payment to us, and will discharge you from your payment obligations in connection with the purchase of the Merchandise from us.

Mavi will process your payment for the Merchandise. Mavi will take reasonable care to keep the details of your Order and payment secure, but (in the absence of negligence) Mavi cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

• Return Policy

Mavi’s Return Policy applies to all customers. This policy does not apply to faulty or personalized Merchandise and such other Merchandise listed below.

Unless explicitly required by any applicable statute, the return request must be made within thirty (30) calendar days from the date the Order was delivered.

You must first inform Mavi of your decision to return your Order through the designated return portal available <<here>>, by following the instructions.

The Merchandise must be returned in a new and unused state, in perfect condition, with all protective or other materials in place and tags and stickers attached to them (if applicable), as well as with the original box / container, including all accessories and documents.

Returned Merchandise is subject to a strict quality control to ensure that the returned Merchandise satisfies these above-mentioned requirements. If the Merchandise does not meet such standards, it could be refused, and the Merchandise will be returned to you (at your own cost).

Upon receipt of the returned Merchandise and confirmation that it has been returned in accordance with the applicable requirements, you will be reimbursed for the actual paid price of the returned Merchandise and such other fees, if applicable pursuant to these Terms. 

Any initial Delivery Costs and Import Charges paid by you in connection with the Order will be refunded. However, any delivery and clearance costs incurred by you when returning Merchandise may not be eligible for reimbursement or refund other than in the event of defective Merchandise, where you will be reimbursed for the reasonable cost associated with their delivery.

Title and risk to the returned Merchandise will not be taken back or assumed until it physically arrives back to the returns facility.

Unless expressly agreed otherwise, reimbursement will be made using the same means of payment as you used for the initial transaction.

• Limitation on Return Policy

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THERE IS NO RIGHT TO RETURN MERCHANDISE WHICH WAS MADE TO YOUR SPECIFICATIONS OR WHICH IS CLEARLY PERSONALIZED. OTHER THAN IN CASES OF CLEAR DEFECT AS DETERMINED BY MAVI IN ITS SOLE DISCRETION AND IN ACCORDANCE WITH LAW, THERE ARE OTHER TYPES OF MERCHANDISE THAT ARE NOT ELIGIBLE FOR RETURN SUCH AS UNDERWEAR, FACE MASKS, BIKINI BOTTOMS, SWIMWEAR, SEALED GOODS (SUCH AS COSMETICS AND TOILETRIES), OR OTHER MERCHANDISE WHICH ARE NOT SUITABLE FOR RETURN DUE TO HEALTH PROTECTION OR HYGIENE REASONS, IF THEY WERE SEALED AND BECOME UNSEALED AFTER DELIVERY.

• Liability

If any Merchandise you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe Merchandise was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.

Any liability, if so exists, incurred by you under these Terms shall not exceed the purchase price of the relevant Merchandise and is strictly limited to losses that are direct and reasonably foreseeable. Losses are foreseeable where they could be reasonably contemplated by you and us at the time your Order is accepted by us.

Other than liabilities that cannot be limited or excluded by applicable law, in no event will Mavi be liable to you for any damages, or losses, other than reasonably foreseeable, direct damages and losses; this exclusion of damages and losses includes, without limitation, any loss of profits, business losses, indirect damages, consequential losses, etc. Mavi acknowledges and understands you may have certain other rights as a consumer, including, for example, legal rights relating to faulty product(s). Nothing in these Terms will affect these legal rights where such rights are guaranteed, or otherwise cannot be limited or excluded, under applicable law.

Mavi will not be responsible for any loss or damages incurred by unauthorized use of your payment card on the Checkout, and Mavi is not responsible for notifying your card issuer, or any law enforcement authority, in these instances.

It cannot be guaranteed that the Website will be uninterrupted or error-free, and Mavi cannot guarantee that the Checkout will be uninterrupted or error-free. Mavi is entitled, without notice and without liability, to suspend the Website or the Checkout for repair, maintenance, improvement, or other technical reason.

To the maximum extent permitted by applicable law, Mavi shall not be held liable if it cannot fulfil its obligations as a result of any circumstance beyond its reasonable control including, without limitation, third party telecommunication failures.

3. GOVERNING LAW AND DISPUTES

These Terms, and Use of Website Terms and Conditions, are governed by the laws and regulations of the Republic of Türkiye.

You hereby agree that any dispute arising out of, or in connection with, these Terms or any Order, including any question regarding its existence, validity, or termination, and any dispute regarding non-contractual obligations arising out of, or in connection with, them, shall be referred to, and finally resolved by, the courts of the Republic of Türkiye.