1. DEFINITIONS
 
1.1. For the purpose hereof, the following terms have the following meanings:
  • Agreement: the purchase agreement for a Product ordered by a Customer via the Online Boutique;
  • Customer: The person visiting the Website and/or the Online Boutique, also referred to as “you”, “your” or “yours”;
  • Order: an order for a Product placed by a Customer via the Website or the Online Boutique;
  • Product/Products: the product(s) offered for sale in the Online Boutique;
  • Taro Ishida: the private limited company organized under the laws of the Turkey TOBE , with a registered address at Haseki sultan mah Samipaşa sokak no5/2 ,Istanbul , Turkey , available by email via [email protected], also referred to as “we”, “us” and “our”;
  • Online Boutique: the Online Boutique on the Website;
  • Website: the website at www.shoes-tobe.com, including the Online Boutique.

2. GENERAL

2.1. These terms and conditions apply to any use of the Website, any offer in the Website, any purchase of Products via the Website and all Agreements concluded or to be concluded and any related matters. By accessing the Website and/or placing an Order, you agree to the applicability of these terms and conditions, including additional terms and conditions and policies referenced herein. If you do not agree to all the terms and conditions, then you may not access the Website or place an Order.

2.2. You can review the most current version of the terms and conditions at any time on Terms and Conditions. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to the Website. It is your responsibility to check this page periodically for changes. Your continued access to the Website and/or use of the Online Boutique following the posting of any changes constitutes acceptance of those changes.

2.3. We reserve the right to refuse your access to, or use of the Website and the Online Boutique to anyone, for any reason, at any time.

2.4. 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.

3. USE OF THE ONLINE BOUTIQUE
 
3.1. The Online Boutique may only be used by adult natural persons, not acting in the context of trade, business or professional activities.
 
3.2. By using the Online Boutique, you agree:
  • to be at least 18 years old;
  • not to use the Online Boutique or place Orders in the context of trade, business or professional activities;
  • not to place any false or fraudulent Orders;
  • to keep your login and other details for the Website or Online Boutique (including but not limited to your username and password) secret and not to allow third parties to access such details;
  • to provide current, complete and accurate purchase and account information and – personal – information for all Orders.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

4.1. We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website 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 the Website is at your own risk. Images of Products on the Website and in the Online Boutique are for information purposes only. The colors on your computer screen may differ from those of the Product.
 
4.2. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your own responsibility to monitor changes to the Website purposes only. The colors on your computer screen may differ from those of the Product.

5. OFFERS AND PRICES


5.1 We reserve the right at any time to modify or discontinue Products or the prices thereof without notice at any time.


5.2. All offers are without obligation.


5.3. We reserve the right, but are not obligated, to refuse or limit the sales of Products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.


5.4. We shall not be liable, nor shall we be held to any other obligation, for any modification, price change, suspension or discontinuance of the Products.


5.5. Any obvious errors or mistakes in an offer will not bind us.


5.6. In the event of errors in prices published, we will notify the Customer who has placed an Order of this as soon as possible. The Customer will then have the opportunity to confirm the Order at a corrected price or to cancel the Order. If we fail to contact the Customer, the amount paid by the Customer will be refunded.


5.7. The prices of the Products include VAT, import taxes, delivery and return costs.

6. FORMATION OF THE AGREEMENT.

6.1. An order is placed as a result of the Customer completing the ordering process in the Online Boutique.

6.2. An Agreement is established, subject to the provisions set out in paragraph 5, as soon as we have confirmed your Order.

6.3. We will be entitled to set additional conditions for the execution of an Agreement if we reasonably decide that such is necessary for the performance of your obligations.

6.4. Once pre-order period on a certain product is closed and the pre-order accepted, we will not be able to make changes to the order. This includes size changes, style changes, quantities, etc. We will try to accommodate late pre-order requests, but this is purely at the discretion of the production. As soon as the pre-order has been placed and the pre-order period of a certain product has closed, it cannot be canceled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. Any delays, production changes, or cancellations will be communicated to the customer

7. DELIVERY


7.1. With due observance of the provisions set out in the previous paragraph, we will offer the accepted Orders to the postal service as soon as possible, but no later than within three working days, unless a different delivery period has been agreed. If the delivery is delayed, or an Order cannot be executed or can only be executed partially, you be notified of this no later than three days after you have placed the Order. In that case, you will have the right to cancel the Agreement free of charge. In such case, we will refund the amount paid without delay after cancellation.

7.2. We offer complimentary shipping on all orders worldwide.


7.3. We aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given in your order.


7.4. You should expect a wait period of approximately two to three (2 to 3) weeks between the date you place your order and the date that the product is ready for shipment, Due to the bespoke nature of the goods that features handmade embroidery which takes a long time of work to be complete .

7.5. We cannot guarantee an exact delivery date as your shoes may be a bespoke item but however we will be in touch with you throughout every step of your order.


7.6. Once your order has shipped we will send you an email with your tracking number which you can use through the third -party website .

7.7. The courier service we use will require a signature upon receipt.

8. PAYMENT


8.1. You will make the payment in accordance with the payment methods offered in the ordering procedure of the Online Boutique and in accordance with the relevant conditions set out in these general terms and conditions.


8.2. If you pre-order products, you will be required to pay thirty percent (30%) of the amount due as a deposit at the time you place your order. We will charge the remaining seventy percent (70%) of the amount due when the product is ready for shipment. You will receive an email with a payment link and instructions how to complete your purchase.

9. RETENTION OF TITLE

The ownership of Products ordered will only pass to you once the purchase amount has been paid in full.

10. RIGHT OF WITHDRAWAL


10.1. This paragraph only applies to such Orders that are subject to the Customer’s statutory right of withdrawal This paragraph does not apply to Orders of Products produced upon your request and per the specifics indicated by you. Said orders cannot be cancelled or modified by you pursuant to the aforementioned statutory right of withdrawal after we have confirmed such Orders.

10.2. You may terminate the Agreement within a cooling-off period of fourteen days without stating reasons . The Cooling-off Period starts on the day on which you or a third party designated by you receives the Product. If you have ordered multiple Products in the same order, the Cooling-off Period commences on the day on which you or third party designated by you receives the last of these Products.

10.3. During the Cooling-off Period, you will handle the Products, packaging and labels with care.

10.4. The outsole of our shoes are made of silver metal which is fragile and will have to remain unmarked and in its original condition. You will try the shoes only on a clean and carpeted surface and with the warning sticker in place on the black outsole until you are certain to keep them , If you have used the ordered good before cooling-off the contract and returning it, you will be charged for diminished value of the silver metal outsole due to it’s high-cost . Thus, you do not get a full refund.

If you wish to use your Right of Withdrawal, you will notify us of this within the Cooling-off Period by submitting an e-mail to [email protected]


10.5. As soon as possible after your notification to us that you wish to make use of your Right of Withdrawal as set out herein, you will send the Product back to the address indicated by us.

10.6. You will return the Product with all delivered accessories, in its original condition and packaging.


10.7. We will not accept returns if you fail to meet the conditions set out in this paragraph.


10.8. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with you.


10.9. We will handle returns within 14 working days and will send you confirmation of this by email. If you have failed to provide all the information required under this paragraph, processing by us may take longer.


10.10. We will refund all payments made by you, including any costs for the delivery of the returned Products to you charged by us, upon receipt of the returned Products provided that the conditions set out in this paragraph have been met. If you have chosen a delivery method other than the least expensive standard delivery method offered by us, the delivery costs will not be refunded.

10.11. We will use the same account number for the refund as that which you have used for the payment, unless agreed otherwise. The refund will be free of charge for you.

11. FAULTY PRODUCTS


11.1. We undertake to ensure that high quality standards are continuously met in the manufacturing of all Products. Every Product is controlled before being shipped. However, if your Product shows any defect, please contact our Customer Service via [email protected] no later than five (5) days from the date of delivery. You must indicate the alleged defect and join every supporting document (detailed photos or video of the Product, purchase date, number of the Order, etc.).

11.2. After considering these elements, we reserve the right to recover the Product to conduct a physical investigation.

11.3. In case of a recognized defect, we undertake to either replace the defective Product to the extent of available stocks, or to either partially or fully refund the purchase price to you, depending on the nature of the defect. Defective Products will be returned to us in the manner indicated by us.

11.4. We reserve the right to refuse to follow up on a late claim, a claim relating to a defect for which you are responsible, or which derives from using the order.

11.5. For faulty Products, we will refund the purchase price, delivery charge and any reasonable shipping costs you incur in returning the product to us.

12. PRODUCTS’ CARE
 
12.1. The silver metal soles wears out with the use of the shoes. This is not a manufacturing defect of the shoe, but a consequence of wear and tear arising from normal usage.
 
12.2. Silver is soft, so you need to avoid unnecessary contact that leads to ugly scratches and scuffs.
 
12.3. When it’s properly maintained, silver improves with age and develops a lush patina. Treat your silver well, care for it properly, and it will reward you with a lifelong lustrous look , we recommend you to follow general care steps as follows:
  • Keep the silver area clean and dry using a new soft cloth
  • Always store your Products away from light and heat.
  • Protect your Products from rain and moisture.
  • Avoid contact with abrasive surfaces.

13. LIMITATION OF LIABILITY

13.1. We are not responsible for losses not caused by our fault – such as losses caused by third parties – or losses other than direct damage.

14. COMPLAINTS

Complaints other than complaints about faulty Products referred to in the paragraph 11, may be submitted by e-mail to [email protected]. and will be handled within 2 working days.

15. THIRD-PARTY LINKS


15.1. Third-party links on the Website 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.


15.2. 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. 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.


16. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

16.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send 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 not obliged to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.

16.2. 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 and conditions.

16.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. 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 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.

17. PERSONAL DATA

Your submission of personal data through the Website is governed by our Privacy Policy

18. CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION RETURN TERMS

GENERAL:

 1. If you place an order electronically via the website you are using, you are deemed to have accepted the preliminary information form and distance sales contract offered to you.

 2.Buyers are subject to the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts (RG: 27.11.2014 / 29188) in relation to the sale and delivery of the product they purchase.

 3. Cargo charges, which are the product shipping costs, will be paid by the buyers.

 4. Each product purchased is delivered to the person and / or organization at the address indicated by the buyer, provided that it does not exceed the 30-day legal period.  Buyers may terminate the contract if the product is not delivered within this period.

 5. The purchased product must be delivered in full and in accordance with the qualifications specified in the order, and with documents such as warranty certificate, user manual, if any.

 6. In the event that it is impossible to sell the purchased product, the seller must notify the buyer in writing within 3 days of this situation.  The total price must be returned to the Buyer within 14 days.

 

 IF THE PURCHASED PRODUCT IS NOT PAID:

 7. If the Buyer does not pay the price of the product purchased or cancels in the bank records, the Seller’s obligation to deliver the product ends.

 

 SHOPPING WITH UNAUTHORIZED USE OF CREDIT CARD:

 8. After the product is delivered, if it is determined that the credit card that the buyer pays is used unfairly by unauthorized persons and the price of the product sold is not paid to the Seller by the relevant bank or financial institution, the Buyer shall bear the cost of the contract within 3 days.  must be returned to the SELLER.

 

 IF IT CANNOT BE DELIVERED IN THE PRODUCT DURATION WITH NOT FORESEEED REASONS:

 9. If force majeure cannot be foreseen by the seller and it cannot be delivered in the product period, the situation is notified to the Buyer.  The buyer can request to cancel the order, replace the product with a similar one or postpone delivery until the obstacle disappears.  If the buyer cancels the order;  If he has made the payment in cash, this fee shall be paid in cash within 14 days from the cancellation.  If the buyer made the payment with a credit card and canceled, the product price will be returned to the bank within 14 days from this cancellation, however the bank is likely to transfer it to the recipient’s account within 2-3 weeks.

 

 OBLIGATION OF THE BUYER TO CHECK THE PRODUCT:

 10. The buyer shall inspect the goods / services subject to the contract before receiving them;  dents, broken, torn packaging etc.  will not receive damaged and defective goods / services from the cargo company.  The delivered goods / services will be deemed to be undamaged and intact.  BUYER must be carefully protected after delivery.  If the right of withdrawal will be used, the goods / services should not be used.  Invoice must be returned with the product.

 

 RIGHT TO WITHDRAWAL:

 11.ALIC of;  within 14 (fourteen) days from the date of delivery of the product purchased to the person / organization at the address indicated, to the SELLER, by rejecting the goods, without taking any legal and criminal responsibility and without giving any reason, may use the right to withdraw from the contract.

 

 12. CONTACT INFORMATION TO BE SUBMITTED BY THE SELLER OF THE RIGHT TO WITHDRAWAL:

 COMPANY

 NAME / TITLE:

 ADDRESS:

 EMAIL:

 PHONE:

 FAX:

 

 DURATION OF THE RIGHT TO WITHDRAWAL:

 13. If the buyer buys a service, this 14-day period starts from the date the contract is signed.  Before the right of withdrawal expires, the right of withdrawal cannot be used in the service contracts whose service has started with the approval of the consumer.

 14. The costs arising from the use of the right of withdrawal belong to the SELLER.

 15. In order to use the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must not be used in accordance with the provisions of the “Products that cannot be used with right of withdrawal”.

 

 USE OF THE RIGHT OF WITHDRAWAL:

 16.3.  the invoice of the product delivered to the person or the BUYER (If the invoice of the product to be returned is institutional, it must be sent together with the return invoice issued by the institution when returning.

 17. Return form must be delivered complete and undamaged with the box, packaging, standard accessories, if any, of the products to be returned.

 

 RETURN TERMS:

 18. The SELLER is obliged to return the total price and documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest after the withdrawal notification reaches him and to return the goods within 20 days.

 19.If there is a decrease in the value of the goods due to a reason arising from the BUYER’s defect or the return becomes impossible, the BUYER is liable to compensate the losses of the SELLER.  However, the PURCHASER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the period of withdrawal.

 20. If the campaign limit amount regulated by the SELLER falls below the limit due to the exercise of the right of withdrawal, the amount of discount used in the campaign is canceled.

 

 PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL:

 21.  if the packaging is opened by the PURCHASER after delivery, and  the BUYER uses the goods , it is not possible to return it as per the Regulation.  In addition, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have started with the approval of the consumer, as per the Regulation.

 22.The silver metal outsole of our shoes  must be intact and unused.

 

 DEFAULT CARE AND LEGAL RESULTS

 23. BUYER accepts, declares and undertakes that he / she will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the bank, if the payment is made in default when he / she makes the payment by credit card.  In this case, the bank may apply to legal means;  The purchaser may request the costs and the attorney’s fee arising from the BUYER and if the BUYER defaults due to the debt of the BUYER, the BUYER agrees that he will pay the loss and loss of the SELLER due to the delayed performance of the debt.

 

 PAYMENT AND DELIVERY

 24.Bank Bank or EFT (Electronic Funds Transfer), …………, ………, you can make any of our bank accounts (TL).

 With our credit cards on our website, you can take advantage of online single payment or online installment options for all types of credit cards.  With your online payments, your credit card will be charged at the end of your order.