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Privacy Policy
Privacy Policy
COMMERCIAL ELECTRONICS
If you agree, we may provide you with updates and offers for our products and campaigns through direct marketing methods (e.g. phone, email, SMS, social networks, mail).
When you are contacted by email, message or other direct marketing activities, you are always given the option to “leave”. You can change your marketing preferences by contacting us at any time.
In accordance with the Law no. 6563 on the Regulation of Electronic Commerce; registrations for the withdrawal of consent shall be 1 year from this date; the content of the commercial electronic message and any other records related to the shipment will be stored for 3 years to be submitted to the relevant ministry if necessary. After the period has elapsed, your personal data will be deleted, destroyed or anonymized by Pomesy or upon your request.
CREDIT CARD SECURITY
Your credit card information requested on the checkout page is not kept on the servers of the companies that www.pomesy.com/shop.pomesy.com serves in order to keep the security of our valued customers who shop on the site at the highest level.
PROTECTION OF PERSONAL DATA
Only the Customer can access all the information that the customer enters into the system and only the Customer can change this information. It is not possible for anyone else to access and modify this information.
Within the framework of the above mentioned issues, laws, sanctions, privacy policy and responsibilities, your data is not transferred to third parties without your consent. However, your data is shared with the courts and other public institutions as required by our legal obligations and as limited by law.
USE OF PERSONAL DATA
Your personal data is used specifically for the following purposes:
To contact our customers regarding the conditions, current status and updates of the contracts concluded within the scope of the Law on Consumer Protection and the Regulation on Distance Contracts, to provide the necessary information.
To perform the obligations undertaken in accordance with the contracts concluded within the scope of the Law on Consumer Protection and the Regulation on Distance Contracts,
To provide guidance on the products that our customers may be interested in taking into account their shopping experiences and to provide information about the campaigns,
To increase customer satisfaction, to recognize our customers who shop on website and/or mobile applications and to use them in customer environment analysis, to be able to use them in various marketing and advertising activities and to organize surveys electronically and/or physically through contracted organizations,
To be able to evaluate customer complaints and suggestions related to our services,
To be able to fulfill our legal obligations and to exercise our rights arising from the applicable legislation.
Terms & Conditions
Welcome, and thank you for your interest in Pomesy.com. Throughout the site, the terms “we”, “us” and “our” refer to Pomesy along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). Pomesy offers this website, including all information, tools and service available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read the Privacy Policy for information regarding how we collect, use and disclose your personal information.
PARTIES
When we refer to “SELLER”, “we”, or “our”, we mean “Pomesy.com”. Where we refer to “BUYER”, “you” or “your” we mean you, the person using the Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
Arbitration Notice
You agree that disputes arising under these Terms, including any claims arising from or related to your use of the Service, will be resolved by binding, individual arbitration, and by accepting these terms, you and company are each waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract.
OVERVIEW
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least/or the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
The BUYER declares that he/she has read and informed the basic qualities, sales price and form of payment and delivery of the contracted product obtained from the website of the www.pomesy.com in this agreement and has given the necessary confirmation electronically.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Your use of the service is at your sole risk. The service and products are provided on an “as is” and “as available” basis. Pomesy expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Pomesy makes no warranty that the service or products will meet your requirements; the service will be uninterrupted, timely, secure, or error- free; the results that may be obtained from the use of the service will be accurate or reliable; or the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations or that any errors in the service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
SECTION 7 – SHIPPING
The deliveries will be shipped after the personalized/customized order is prepared, the BUYER will receive a notification email after the production is completed and products are ready to be shipped. The shipping cost belongs to BUYER, unless the destination is in the EU. Any customs or import duties are charged once the order reaches its destination country and must be paid by the BUYER.
Delivery timing may vary depending on the availability of the products and the delivery address.
The SELLER is not accountable for any issues during courier operations. The SELLER will not be responsible or liable for any delay or failure to deliver due to any cause which is unavoidable or beyond SELLER’s reasonable control. In such cases, SELLER will have the right, at its option, without penalty or any liability for breach, to terminate all or any part of any order or to reschedule delivery within a reasonable time.
The SELLER is not accountable for shipments not being accepted by the BUYER.
In order for SELLER to deliver the product, Terms & Conditions form needs to be electronically confirmed. In case the payment is not done or canceled by the bank, SELLER is not obliged to deliver the product.
Both SELLER confirms that their address on the website and BUYER confirms that their stated address on their order are their notification addresses.
By using the website www.pomesy.com and/or placing an order, BUYER acknowledges and agrees on the terms and conditions of the product features, sales price, payment and delivery.
SECTION 8 – INTERNATIONAL DELIVERY
If the BUYER purchases products for delivery to an international destination, the order may be subject to import duties and taxes which are applied when the package reaches that destination. The BUYER must comply with all applicable laws and regulations of the country for which the products are destined. SELLER is not liable or responsible if the BUYER breaches any such laws.
We will list shipping charges outside the EU countries for your order upon checkout, and you must pay all shipping charges for the location of the address you provide.
Depending on the delivery address, different taxation rules and/or additional charges may apply.
SECTION 9 – CANCELLATION POLICY
Since all of our products are custom tailored or custom designed, they cannot be returned or exchanged.
The BUYER has a right to cancel or change the order within the first 24 hours, prior to the order going into production. Once items have been imprinted with your logo, we can no longer accept a cancellation. All our products are made in an individual production, it is not possible to cancel an order after the production has started.
In case of a refund request within 24 hours after the order being processed, SELLER will make the refund in 14 working days. After refund action taken by the SELLER, the remaining period will depend on banking transactions. SELLER does not have any rights to intervene through this transaction. For this reason, the BUYER accepts the refund may take 2-3 weeks.
For some operational reasons, products ordered cannot be manufactured. In such instances, the SELLER will inform the BUYER and SELLER should make the refund in 14 working days. After this action taken by the SELLER, the remaining period will depend on banking transactions. SELLER does not have any rights to intervene through this transaction. For this reason, the BUYER accepts the refund may take 2-3 weeks.
SECTION 10 – RIGHT TO WITHDRAW
The BUYER is entitled to use its right with respect to withdrawal, within 24 hours from the date of order. For being entitled to use the right of withdrawal, it is mandatory that within 24 hours, the BUYER should notify the SELLER via the contact details at www.pomesy.com.
For products specially prepared in accordance with the wishes of the buyer, the buyer shall be charged under section 48/4 of the Consumer Protection Law No. 6502. It accepts that it has waived the right of withdrawal specified in article 29188 and the return of these products is not possible in accordance with Article 15.b of regulation No. 29188
SECTION 11 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The SELLER has partnered with certain third party payment processors to process payments you make via the Service. Third-party payment processor with Iyzico and Paypal facilitates and processes some of the SELLER’s orders.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites and companies. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 14 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. For more information, view our Privacy Policy.
SECTION 15 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Pomesy.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Pomesy.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 20 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Turkey.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@pomesy.com