TERMS & CONDITIONS (USER AGREEMENT)
www.gibrilandgabrielle.com (hereinafter the "Website") is published by the company Gibril & Gabrielle with a registered office situated Selami Ali Mh. Öznur Ap. No:1 D:5 Üsküdar/İstanbul - Turkey, registered with the İstanbul Company and Trade register under no. Mersis No:1801039060800001 (hereinafter “Gibril & Gabrielle” or the “Company” or the “Seller”).
I - GENERAL PROVISIONS
The General Terms and Conditions of Sale detailed below apply to all orders placed with Gibril & Gabrielle for all products and services offered on the Website (the “T&C’s”). They can be accessed at any times on the Website.
Gibril & Gabrielle reserves the right to adapt or modify the T&C’s at any time, the version of the Terms and Conditions of Sale applicable to any transaction is the T&C’s published at the date of the order. Consequently, placing an order by a client implies complete adherence, without reservation, to these terms and conditions.
II - WEBSITE'S INFORMATION AND ACCESS
www.gibrilandgabrielle.com is an e-commerce merchant owned and managed by Gibril & Gabrielle.
The Website is available to all users of the Internet network and is accessible 7 days a week, 24 hours a day, subject to any interruption, planned or not, by Gibril & Gabrielle or its providers, for technical maintenance and/or security reasons or cases of circumstances outside of its control, i.e. “force majeure events”. Gibril & Gabrielle is not liable for any damage incurred by an unavailability of the Website.
Gibril & Gabrielle does not make any promises about the availability or accessibility of the Website or guarantee that the access to the Website, the content on it or the services it provides will be delivered uninterrupted, timely or error-free. For technical maintenance and/or security reasons, Gibril & Gabrielle may be obliged to partially or totally suspend access to the Website temporarily and without notice. By accepting these Conditions of Use, users accept any such technical interruptions.
Gibril & Gabrielle reserves the right to update the Website, particularly for technical or commercial reasons. When any such changes do not alter the conditions of use or, more generally, do not substantially and adversely affect the services that are provided, Users may be informed of the changes made but their acceptance to such changes will not be required.
III – SUBSCRIPTION TO THE WEBSITE
To place an order, the client shall at first create a personal account by filling its personal data (the “Personal Account”).
By creating the Personal Account, the client ensures the accuracy and completeness of the data provided. Client shall update its personal data. If an error occurs relating to the recipient address, Gibril & Gabrielle shall not be held liable in case of any inability to deliver the products ordered.
To insure a faster and easier connection or registration, client may use the “Facebook Connect” or “Google Connect” functionality, which enables to pre-fill automatically the form.
In order to place an order, client must have attained majority and enjoy its full legal capacity to enter into contracts, and possess a valid payment card issued by a bank acceptable to Gibril & Gabrielle ’s payment provider. Gibril & Gabrielle reserves the right to refuse any request or order and to close an account at its sole discretion.
IV - PRODUCTS
The products offered for sale are those described and available on the Website, within the limit of available product stock. Information is updated in real time. Nevertheless, errors occurring during the update cannot held the liability of Gibril & Gabrielle. Gibril & Gabrielle cannot be liable in case of an order cancellation because of stock depletion.
Gibril & Gabrielle takes the greatest care in the presentation and description of the products in order to provide the client with the best possible information. However, some non-substantial errors may appear on the Website, which the client acknowledges and agrees to.
It is possible that client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
In any case, in the event of nonconformity of the product delivered compared to its description on the Website, the client may either exercise his right of withdrawal, or implement the Gibril & Gabrielle guarantee of conformity which will, where appropriate, result in an exchange or refund of the price (in whole or part) that has been invoiced.
V - ORDER
Acceptance of an order placed on the Website is subject to compliance with the procedure put in place by Gibril & Gabrielle, expressed by a succession of different stages that the client shall follow in order to validate their order.
Client may at any time change or remove the products added in its bag (the “Bag”). The Bag summarises the products selected by the client, as well as its price and shipping costs, excluding customs and other taxes. Client may modify at any time its Bag before validating the order.
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier (if required).
While placing an order on the website www.gibrilandgabrielle.com,the customer should be conscious that possible expenses which are related with the customs of the country are susceptible to be applied to the order, according to the international legislation in force.
Confirmation of the order by the client implies the acceptance of all provisions of T&C’s. An email confirmation summarising the order (products, prices, product availability, quantity etc.) will be sent to the client by Gibril & Gabrielle. For this purpose, the client formally accepts the use of email for receiving confirmation of the contents of their order from the company Gibril & Gabrielle. In any event, the invoices are available in the 'my account' section.
VI - ORDER REFUSAL
Gibril & Gabrielle reserves the right to remove at any time any product displayed on the Website and/or to replace or modify any content or information related to any product. Despite the best efforts of Gibril & Gabrielle to satisfy the client expectations, Gibril & Gabrielle may be obliged to cancel an order even after having send a confirmation by email. In such case, the order will be reimbursed.
Gibril & Gabrielle cannot be held liable to the client or a third party in case of the removal of a product from the Website, and in case of the replacement or modification of any content published on the Website or refusal of an order after having confirmed it by email.
Gibril & Gabrielle reserves the right to refuse or cancel any Order placed by a client with whom Gibril & Gabrielle has currently a dispute concerning the payment of a previous order.
VII - PRICES AND TERMS OF PAYMENT
Price are mentioned in the Website in Euros, Pound Sterling and US Dollars. Prices excluded any customs duties and other taxes.
Certain countries may be subject to additional charges (duties, taxes) upon reception depending upon the legislation of their country.
Gibril & Gabrielle reserves the right to modify its prices at any time but the products will be invoiced and paid on the basis of the rates in force at the time of placing the order, subject to availability.
The products are payable on the day of the order.
The purchases shall be settled either via PayPal, or via the secure platform provided by our partner PAYU. The client expressly acknowledges that disclosure of their bank card number to Gibril & Gabrielle gives the company authorization to debit their account to the amount of the products ordered. As the case may be, a notice of the order cancellation for error of payment is sent to the client by Gibril & Gabrielle to the email address registered by the client.
The data recorded and kept by Gibril & Gabrielle constitutes proof of the order and all previous transactions. The data recorded by PayPal or PAYU constitutes proof of the financial transactions.
VIII - DELIVERY
Deliveries are carried out by DHL, Monday to Friday.
Delivery operates at the time of the transfer of the product’s physical possession to the client (the “Delivery”). The risk of lost or deterioration of the Product is transferred to the client at the time of the Delivery.
Delivery prices applicable to the Order are those indicated on the Website at the time of the Order in the section “Delivery and returns”.
The delivery is made to the delivery address indicated by the client, being specified that it must be the address of the customer's residence, an individual of their choice or a legal entity (delivery to their company). Deliveries cannot be made either to hotels or P.O. boxes.
Client must make sure that they have provided accurate and complete information concerning the delivery address (including in particular: house number number/name, building number/name, staircase, access codes, names and/or numbers for the intercom, etc.). In case of inability to deliver the products at the address indicated by the client, products will be returned to Gibril & Gabrielle which reimburse the Customer Client within ten (10) days of the products’ receipt by Gibril & Gabrielle.
Orders are shipped within 2 business days at most from the first business date after the confirmation of the Order to Europe and maximum 10 business days to other international locations. Nevertheless, the period may be extended up to 10 working days, especially after the launch of a new collection and from November 23 to December 31 and during the 2 yearly EID seasons, considering the significant increase of the orders volume and the bank holidays in Turkey.
Gibril & Gabrielle cannot be liable for the late Delivery caused by a case of force majeure (as defined below).
If the delivery time is exceeded and is not justified by a case of force majeure, the customer client may request the cancellation of the sale and within a maximum period of 15 days will receive a refund of the Order. Gibril & Gabrielle cannot be liable of any direct or indirect damage resulting from delay of delivery.
- RIGHT - RETURNS & REFUNDS
9.1 Withdrawal right’s duration and conditions
Any non-professional customer could use its withdrawal right during a period of fourteen (14) days from the Delivery.
In such case, the client must fill the return form available in their personal account in the orders section, either send the withdrawal form available at the end of the T&C’s to Gibril & Gabrielle at email@example.com. The return request will be confirmed by Gibril & Gabrielle to the client by email. The client must follow the procedure mentioned into the email confirmation.
9.2 Return conditions in case of the use of the withdrawal right
The products must be returned to Gibril & Gabrielle within 7 days from the use of the withdrawal right by the client. After such 7 days, the sale is final. The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it. A product without label or packaging and that has been visibly washed or worn could neither be taken back, nor changed.
Return and return costs of the product(s) is the responsibility of the customer and is at their own risk.
The expenses of returning the product are NOT covered by Gibril & Gabrielle, except if the product delivered is damaged or different from the product ordered. For hygienic reasons, hijabs and burkini are non-refundable and non-exchangeable.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, Gibril & Gabrielle cannot proceed to refund the products in question.
A refund by Gibril & Gabrielle for the order returned is made within 14 days by the communication by the client of the withdrawal right, subject to the receipt of the Products within 7 days from the day the withdrawal was communicated and subject to the Products’ excellent condition.
Except as otherwise indicated by the client, repayment will be made through the same payment means used to pay the Order.
- GUARANTEES AND RESPONSIBILITY
Gibril & Gabrielle ’s liability related to the Products is limited to the sale price of each product. Gibril & Gabrielle will not be responsible or liable for any following losses, whenever its cause:
- Loss of benefit or sales
- Loss or revenue
- Loss of profits or contract or opportunity
- Loss of expecting savings
- Loss of data
- Loss of business, management or administration time
- Damage to the image
- Lost chance and especially of sale or purchase of a product
- Psychological damage.
Documents, details, descriptions and information related to the Products published on the Website are not covered under any guarantee, express or implicit.
Gibril & Gabrielle makes no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horses, cancelbots, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any content, software you use to download the content, the Website or the server that makes it available. In this respect the client agree that it is its responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Subject to the first paragraph of this section, any content downloaded or otherwise obtained through the use of the Website is done at client's own risk and the client will be solely responsible for any damage to its computer system or loss of data that results from the download of any such content.
According to legal regulations, Gibril & Gabrielle guarantees the clients against compliance and latent defects, under the following conditions:
In case of visible defect of a Product, the customer shall send a demand to firstname.lastname@example.org within 3 days from the Delivery date. All demands shall mention the defect concerned. Failing that, the demand won’t be accepted and no return or exchange will be possible. The Product shall be returned, with its original packaging, with the original labels, brand new, without having used it or washed it, and which the Order reference and copy of such demand shall be sent by mail to the headquarter: Gibril & Gabrielle– Selami Ali Mh. Kuşakçı Sk. Öznur Ap. No:1 D:5 34600 Üsküdar/İstanbul - Turkey.
Visible defect confirmed by Gibril & Gabrielle shall give rise, depending of the demand’s content and the nature of the defect, to exchange or repayment or a voucher.
Upon the occurrence of an event of force majeure, the concerned party shall inform the other within a period of fifteen (15) days of the occurrence of this event, by email or registered letter with acknowledgement of receipt. Specifically considered as cases of force majeure or fortuitous event are total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, terrorism, bad weather, epidemics, blocking of the means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or statutory restrictions, legal or regulatory modifications of marketing changes, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other instance independent of the will of the parties preventing the normal execution of the contractual relationship.
All the obligations of the parties will be suspended for the duration of the event of force majeure, without compensation. If the event of force majeure continues for more than three (3) months, the contract may be terminated without compensation for one or other of the parties.