SERAP ONEY™, LUW® and SO™, trading names of Serap Öney, a multidisciplinary artist and fashion designer registered in TURKEY, (“SERAP ONEY™”), provides its websites accessible at seraponey.com and shop.seraponey.com (individually or collectively, the “Website”) to you subject to the following Terms & Conditions.
By using the website in any way or by agreeing to provide submissions to SERAP ONEY™, you are agreeing to the terms of use below as well as the privacy policy, as they may be updated and amended from time to time. Should you object to any term or condition of the terms of use or privacy policy, you may not access or use the website and you should not agree to provide submissions to SERAP ONEY™. LUW may modify this terms of use at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to the updated Terms of Use. SERAP ONEY™ has the right, but is not obligated, to strictly enforce the Terms & Conditions through self-help, community moderation, active investigation, litigation and prosecution.
TRADEMARKS
SERAP ONEY™ trademarks displayed on this Website are trademarks or registered trademarks of SERAP ONEY™ and its affiliated companies internationally (including but not limited to the SERAP ONEY™ name, the enthusiast logo, and other logos). All other trademarks are the sole property of their respective companies. All use prohibited.
CONTENT-OWNERSHIP
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, athlete data, data sheets, FAQs is owned exclusively by SERAP ONEY™ and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of SERAP ONEY™. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
USER CONTENT SUBMISSIONS
You acknowledge that you are responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to SERAP ONEY™ or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to SERAP ONEY™, including, for example, #LUW and #SERAPONEY. Such Submissions may be used on the Website and/or on other SERAP ONEY™ marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by SERAP ONEY™ to be used, it may be displayed for other users to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). SERAP ONEY™ is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, you hereby grant, and you represent and warrant that you have the right to grant, SERAP ONEY™, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in this Terms of use, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.
If you make a Submission, you represent and warrant that you own or otherwise control any rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in this Terms of Use for such third parties’ names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s Terms of Use.
You further represent and warrant that your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify SERAP ONEY™, our vendors and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person’s or entity’s name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms & Conditions or applicable laws.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by SERAP ONEY™ without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
SERAP ONEY™ reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. SERAP ONEY™ is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of SERAP ONEY™, including its licensors and/or vendors, and SERAP ONEY™ does not endorse any such opinions, statements, or materials.
You acknowledge and agree that SERAP ONEY™ has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
COMMERCIAL POLICY
The sale of the products is only intended for individuals who are consumers and customers (hereinafter: “Client”). Client means the adult person who is acting for purposes which are outside his/her trade, business or profession. In view of the above, SERAP ONEY™ reserves the right not to accept the orders from persons other than the Client. At any time SERAP ONEY™ may modify or amend these Terms & Conditions. In any case, the Client will be required to accept only the general conditions in force at the time of the conclusion of each Order.Each Order may cover one or more products, subject to the right of SERAP ONEY™ to predict a maximum number depending on the product category. The requests of purchase from other countries not enabled in the page of the shipping addresses will not be accepted. Orders will not be delivered if addressed to a PO Box or if it will be impossible identify the individual recipient of the Order and its private address. All communications indicated in Terms & Conditions made by e-mail will be sent to the email address provided by the Client during registration.
PURCHASING TERMS
Each product offered for sale, can be selected on a dedicated web space that will display photographic images, the unit price including VAT, colors and different sizes available (where applicable). Some products may be displayed on the Site exclusively for the promo advertising purpose although not intended for sale. These products are not for sale and can not be purchased. The images and the colors of the products offered for sale may, in some cases, not match the real colors due to technical features and the resolution of the equipment and software that comes with the computer used by the Client. The images and colors, therefore, should be considered as indicative and illustrative. The Client is invited to verify the adherence of the selected product to their expectations. SERAP ONEY™ will not be responsible for any inadequacy of the images or colors of these products due to technical reasons. In order to perform each Order in respect of the Products selected the Client must follow the instructions and procedures made available on the Site. The client is asked to verify the accuracy of the contents of each Order just before confirming it, completing the Order form according to the instructions provided on the corresponding page of the Site. At the same time the end of each Order, the confirmation of having carefully read and accept the Terms and Conditions and any Specific Provisions will be required to the Client. In case of non-acceptance of the Terms and Conditions and any Specific Provisions will not be possible to complete the Order. If the Client wants to make changes or corrections to his/her Order prior to the confirmation of it, the Client must require it to SERAP ONEY™, sending an e-mail or by contacting Customer Service by e-mail. Generally, the confirmed order cannot be further modified or cancelled, except in the cases explicitly indicated in the Terms & Conditions, or from any Specific Provisions or otherwise in the cases exclusively provided by the applicable local regulations. At the end of the purchasing process it’s advisable to download, save or print the Terms and Conditions at the end of the program and any Specific Provisions. The Client will also receive a confirmation e-mail (hereinafter: “E-mail”) of the Order receipt, including a summary of the information already available in the order form. This contains the Client’s data and the methods / addresses shipping, and the main characteristics of each product purchased, as well as a detailed indication of the price and delivery costs. The Client can at any time monitor the status of his/her order by entering the reserved “Customer Area”. Each Order confirmed will be automatically sent to the SERAP ONEY™ and its execution will then be filed at the Head Office of the company, located in Istanbul/TURKEY.
PAYMENT TERMS
The prices of the Products offered for sale and listed on the site are VAT included. The prices of the Products are in USD. The total amount of each Order will include the shipping costs which will be declared at order confirmation. SERAP ONEY™ reserves the right to change prices for the Products offered for sale at any time and without notice. The prices indicated on the Site will be applied to the Client in all cases at the time of confi rmation of each Order. Payment for Products can only be made by credit card. Credit cards accepted are those belonging to Visa, Mastercard and American Express or any credit card supported by PAYPAL. Payment transactions by credit card will be governed by the rules adopted by the individual Circuits credit card. The confirmation of the success of each Order will take place only after verification of the credit card data of the Client and after receiving the authorization to carry out the charge on that credit card. The charge on the credit card of the Client will be made only after the delivery of each Order. For the prior commitments of the “plafond” of the credit card in case of cancellation of Orders or for locations of them will be worth the same contractual terms of the individual circuit operators of credit card. The data of the credit card will be handled in the strictest confidence directly by the transmission circuit. SERAP ONEY™ is not responsible for misuse and abuse of the credit cards by third parties upon the payment of the products purchased on shop.seraponey.com. In this regard SERAP ONEY™ reserves the right to cancel the transaction if suspicion of fraudulent use of credit cards. In order to ensure more security, additional information or documents could be requested at any time. Without these, SERAP ONEY™ reserves the right not to accept the transaction.
PRODUCT AVAILABILITY
The Client acknowledges that the stocks of the Products offered on the Site are limited. Occasionally, it can be possible that one or more Products would be not available. In this case, SERAP ONEY™ will inform the Client as soon as possible, and in any case, no more than 6 weeks from the receipt Order. In the case that the Order is found not to be available at all, the Customer Service will send an e-mail as soon as possible by e-mail to the Client to inform him/her that the Order can not be processed. If the Order would be partially available (one or more Products is not available), the Customer Service will contact the Client as soon as possible with the details of the items in stock. In any case, the partial order will still be processed, unless a specific request from the Client to the Customer Customer Service (via e-mail). In the case of cancellation of the Order no charges will be made to the credit card of the Client. If the charge had already occurred, the re-credit will be made as soon as possible and in accordance with the policy of the single circuit operators of credit cards. It is expressly understood that when each Order is sent to the internal structure of SERAP ONEY™ responsible for his escape, an e-mail to the real taking charge will be sent to the Client. In some cases (short time of delivery of the order), the e-mail in question will be replaced directly by a shipping confirmation. The availability of the products on the Site is limited and the number of orders placed, as well as the quantity acquired within a limited period time, are intended for strictly private use. SERAP ONEY™ reserves the right to accept / reject any kind of order.
TRANSPORTATION AND DELIVERY
SERAP ONEY™ is committed to fulfill each Confirmed Order within 1-4 weeks and by the deadline of 8 weeks from the working day following the day on which the Client placed the Order. During the period of sales and the business closure, the delivery times indicated above are subject to change.When the package with the ordered Products leave the SERAP ONEY™ warehouse, an e-mail will be sent to the Client. If the delivery is related to the watches, the e-mail will also include an invoice showing the tracking number to follow. The Client can track the status of his/her Order fulfilling the appropriate procedures indicated in the Customer Account. The Customer Service is available to assist the Client order status and for any issue related to delivery (except during holidays and periods of business closure). The Client will check the Products immediately upon the delivery, in order to verify the compliance with the order. Faults (such as tampering, damage of the packaging, damaged products, missing products) must be specifically indicated directly on the delivery note that must be signed by the Client.
RETURN POLICY
The Client must follow carefully the procedure for return of the Products contained in the Return Form (included in the package). When the delivery arrives, client should check the package and item. If one or more of the Products delivered does not correspond to those ordered or is damaged, or if the return is required, the Client is required to reject the delivery at the moment when the affair is happening. Right after the rejection, client should inform SERAP ONEY™ by submiting a Return Form in Return Policy page on shop.seraponey.com. The Products must be returned in the original condition and packaging. SERAP ONEY™ can determine whether a Product is new or has been used by the Client. Once received the Products at the SERAP ONEY™ Warehouse and verified the situation, SERAP ONEY™ will give the instructions to the Bank for crediting the amounts already charged to the credit card of the Client as soon as possible and no later than 30 days from the date of receipt at the logistic department. SERAP ONEY™ does not allow the replacement of the Products purchased on-line. As we are an hand-made enterprise, our premium leather (unlike standard mass manufactured shoes companies) are obtained in separate lots to ensure the best quality for our custom-made shoes. As such differences in shading of a product of the same leather are possible, especially when re-ordering the same pair of shoes with different order numbers, or at different times. The product design image on our web interface is for visualisation only. The product color may differ from the image shown due to differences in screen monitors, resolution, brightness, contrast and other individual settings. The color descriptions seen on our website are solely intended for our brand. They do not correspond to other general or universal descriptions of the color mentioned by any other sources or brands. Dislikes regarding to colors and mismatchs on website product images are not accepted as a term of return policy.
FEEDBACK
Any questions, comments, suggestions, or other information about SERAP ONEY™ products or services submitted to SERAP ONEY™ through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. SERAP ONEY™ shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. SERAP ONEY™ specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.
USER CONTENT
You understand that all User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such User Content originated. You understand that SERAP ONEY™ does not control, and is not responsible for User Content made available through the Website and that by using the Website, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. SERAP ONEY™ expressly disclaims any liability for such User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any User Content, that you may not rely on said User Content, and that under no circumstances will SERAP ONEY™ be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available. You acknowledge that SERAP ONEY™ does not pre-screen or approve User Content, but that SERAP ONEY™ shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any User Content for any reason.
USER CONDUCT
You agree not to transmit to SERAP ONEY™ any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a SERAP ONEY™ employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person’s explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to SERAP ONEY™ users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) “stalk” or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to SERAP ONEY™ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
SERAP ONEY™ may refuse, delete, modify, edit or remove any Submissions at any time for any reason and SERAP ONEY™ may terminate your access to the Website or your account at any time for violation of these terms of use or any other reason.
ACCOUNT CREATING
Users of all ages are welcome to browse the Website however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
SERVICE AVAILABILITY
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
EXTERNAL SITES
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that SERAP ONEY™ is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
COPYRIGHT
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the SERAP ONEY™ agent for notice of claims of copyright infringement (“Copyright Agent”), at shop@seraponey.com.
You must provide our Agent with the following Notice:
1. Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4. Your address, telephone number, and email address; and
5. Your physical or electronic signature.
If valid, SERAP ONEY™ will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA)
You agree to indemnify and hold SERAP ONEY™, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Terms & Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another.
COMPLIANCE WITH APPLICABLE LAWS
This Website is operated, in whole or in part, from Turkey. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to Turkish export control laws and may also be subject to the laws of the country where you reside. All SERAP ONEY™ products and publications are commercial in nature. SERAP ONEY™ does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries. Access in countries where the information contained herein or the products sold through this website are illegal is prohibited. Users who access this Website from outside of Turkey do so at their own risk and are responsible for compliance with applicable Turkish export and local country laws. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed and collected in Turkey in compliance with the privacy policy.
ENTIRE AGREEMENT
To the fullest extent permitted by law, these Terms & Conditions and any claim or dispute arising out of or relating to these Terms & Conditions, the Privacy Policy, or your use of the Website, will be governed by and construed in accordance with Turkey. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms & Conditions, the Privacy Policy or your use of the Website shall be subject to the exclusive jurisdiction of federal courts in Istanbul and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these Terms & Conditions are held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms & Conditions and the Privacy Policy constitute the entire agreement between you and SERAP ONEY™ with respect to the subject matter of the Terms & Conditions and Privacy Policy.
CONTACT
If you have any questions about these Terms & Conditions, please contact Customer Service by email at shop@seraponey.com.