Term & Conditions
Membership, Terms and Conditions, Information
A person who wants to be a Member and use our services must submit a request to Kismet By Milka and be accepted for membership, create a Kismet By Milka account and be issued a password by Kismet By Milka. Before becoming a member and being issued a password you must read, accept and agree to be bound by the terms and conditions set forth in this section of our Site and set forth in our linked privacy policy (collectively the “Terms”). You agree that all information that you provide to us in the Site’s application/registration form and provided to Kismet By Milka by you at any other time will be true, current, accurate and complete. Kismet By Milka has the right to suspend or terminate your membership and account and refuse any and all current or future use of the Site or any portion thereof if Kismet By Milka determines or has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete or that as a result of the passage of time or change of events or circumstances such information is no longer true, current, accurate or complete. Membership and our services are not available to minors under the age of eighteen or to any person rejected by Kismet By Milka for membership or any person who has been suspended or whose membership has been terminated for any reason. You represent to Kismet By Milka that you have the legal ability and are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Turkey or other applicable jurisdiction. You are responsible for maintaining the confidentiality of your account and your password, for restricting access to your computer, and for all activities that occur under your account or password. WE STRONGLY RECOMMEND THAT YOU EXIT FROM YOUR ACCOUNT AT THE END OF EACH SESSION. You agree to notify Kismet By Milka immediately of any unauthorized use of your account, password or any other breach of security. Kismet By Milka in its sole discretion reserves the right to refuse service, terminate accounts, or remove or edit content. A Member may not have more than one account or membership. The membership and account is personal to the Member and may not be sold, traded or otherwise transferred to any person. Kismet By Milka reserves the right to reject any person for membership. You will be permitted access to our Site and the use of our services when we notify you by email that we have accepted your application /registration for membership and we have issued a password to you. In addition to the other conditions and Terms, Kismet By Milka membership, the present and the continued use of our services, the present and continued right to purchase Goods and the issuance by us to a Member of a password and its continuing validity will be conditioned upon a Member or person desiring to become a member providing Kismet By Milka with information confirming that such person has a valid credit card issued in such persons name by a bank acceptable to us and your authorization and agreement granting us the right to process a charge on your credit card in the amount of the total purchase price of any Goods being purchased by you. Further, you authorize Kismet By Milka to perform credit checks, to transmit or obtain your credit card or credit report information including updated information to or from third parties solely to authenticate your identity, to validate your credit card, to obtain an initial credit authorization or to authorize purchase transactions. If the issuer of your credit card refuses to authorize payment to Kismet By Milka, we will not be liable for any delays or non-delivery.
Access To Our Site
Only KISMET BY MILKA members may have access to and use password protected or secure areas of the site.
Orders For Goods
Orders for Goods on the Site or a Related Link (a “Linked Site”) are subject to acceptance and availability and we reserve the absolute right in our sole discretion to reject an order for any reason. Goods in your shopping basket are not reserved and may be purchased by other Members. Your order will be deemed accepted upon completion of the packaging and delivery of the Goods you order to the postal service, or other recognized courier service. We will send an initial email to you as soon as practicable after you have placed your order acknowledging the details of the order. The initial email is not an acceptance of your order. We will send a second email to you as soon as practicable after the delivery of your order to the postal service, or other recognized carrier (the “Second Email”). The Second Email will contain the tracking number for your order and will constitute acceptance of your order. You agree that the Second Email constitutes a sales contract between Kismet By Milka and you concluded in Istanbul, Turkey, and that the contract is in the English language; provided, that you remain a Member in good standing with a valid password, your credit card company authorizes the full amount of payment for the order, the Goods are in stock, that the Goods satisfy our quality control standards and that no shipping restrictions have been imposed on the Goods included in your order. We will notify you by email as soon as practicable after we have been advised or become aware that Goods that you ordered are not in stock and that we do not expect the Goods to be returned to stock and, if we have sent the Second Email to you for such Goods, will notify you that your order for such Goods has been cancelled. Title to an item of Goods purchased by you from the Company will be deemed to pass and risk of loss in connection therewith when courier, the postal service or the shipping company or agent delivers to you the item of Goods and, unless otherwise provided in the designer/vendor's Linked Site or on the Site, title to the item of Goods and risk of loss in connection therewith shipped by a designer/vendor to you will pass when the designer/vendor delivers the item of Goods to courier, the postal service or the shipping company or agent.
Prices, Payment and Cancellations
The prices shown on the Site or a Linked Site for each item of Goods are in US Dollars and are exclusive of any applicable taxes, custom duties, shipping and handling charges. The US Dollar price of goods or services displayed on the Site at the time your order is accepted will be honored, except in cases of patent error. Prices are set at the beginning of each day in Istanbul, Turkey using existing currency exchange rates. The prices are subject to change if the applicable currency exchange rate changes before your order is accepted. The purchases price of an item of Goods by a Member whose credit card is not denominated in US Dollars will be calculated in accordance with the applicable exchange rate on the day the credit card company processes the transaction. If you reside outside of the United States or place an order through a Linked Site outside of the United States or through a designer or vendor outside of the United States, the designer or vendor, carrier or an import broker appointed by you would directly invoice applicable taxes, custom duties, shipping and handling charges to you. We recommend that you contact your local customs authority to determine a landed cost price for items of Goods prior to placing your order. Members may make payment for orders by Visa, MasterCard and American Express cards and any other method, which the Site from time to time permits as a method of payment. Payments will be debited and cleared from your account at time of purchase. We will charge your account the amount of import duties, taxes and shipping costs applicable to the purchase by a Member of Goods. You can check the current status of your order by signing into your account and selecting My Account/My Orders, or tracking your package via www.pts.net . Your tracking number will be included in the Second Email. In the event that we cancel an order for Goods that we have billed to your credit card, we will credit your account in an amount equal to the purchase price charged to you for the item of Goods and any applicable taxes, duties, shipping or handling that we have charged to your credit card.
Returns
Change of Terms
Kismet By Milka reserves the right without notice at any time to alter, amend or change the Site, the Terms, its Privacy Policy and Linked Site, policies and agreements. Therefore, it is important for you to periodically check the Terms. Kismet By Milka will notify its Members of any material change or modification to the Terms by sending you an email to the email address for your account; and you agree that Kismet By Milka is not responsible for your failure to receive an email due to the actions of your Internet service provider or any email filtering services. Therefore, you should add Kismet By Milka to the list of domains approved to send you emails. Kismet By Milka will also notify Members of any material change or modification to the Terms or its Privacy Policy by a Notice of Change that will be displayed in a prominent manner on or above the Terms or its Privacy Policy for a period of thirty days. Each Kismet By Milka member agrees that such notice will be deemed sufficient; and the continued use of any functionality of the Site by a member constitutes acceptance of modifications and amendments to the Terms.
Security for the Site
Kismet By Milka is committed to keeping our Member’s personal account information safe and secure. Kismet By Milka uses Secure Socket Layer technology to encrypt and protect the data Members send to us over the Internet. Credit card transactions on the Site will be processed using a secure online payment gateway that encrypts card details in a secure host environment. Kismet By Milka will take all reasonable steps to keep the details of orders and payments secure, but in the absence of negligence on our part, we cannot accept or be held liable for any loss that a Member or other person may suffer if a third party procures unauthorized access to any data provided by you to us.
Limited License
The Site is for your personal, non-commercial use. Kismet By Milka grants you a limited license to access and make personal use of the Site and services available to our Members. The license does not permit or include any downloading or copying of account information for the benefit of another vendor or any other person or party, caching, unauthorized hypertext links to the Site and the framing of any content available through the Site, uploading, posting or transmitting any content that you do not have a right to make available (such as intellectual property of another party); uploading, posting or transmitting any material that 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. You agree not to take any act that imposes or may impose an unreasonable or disproportionately large load on Kismet By Milka’s infrastructure, or any use of data mining, robots or similar data gathering and extraction tools. You may not bypass any measures used by Kismet By Milka to prevent or restrict access to the Site. Any unauthorized use by you of this license will terminate the license and rights granted to you by Kismet By Milka and will automatically terminate your membership, password and rights to our services.
Prosecution for Violations
Kismet By Milka will take action against and will use all reasonable efforts to cause the prosecution of any person not a member who attempts to access password protected or secure areas of the Site.
Warranties
All content, products, goods and services on the site or obtained from a linked site are provided to you ‘AS IS’ without warranty of any kind either express or implied including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose, satisfactory quality, reasonable care and skill, title, non-infringment, security or accuracy.
Opinions, Advice and Endorsements
Kismet by Milka does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Kismet by Milka, any content provided on linked sites or the capabilities or reliabilities of any good obtained from a linked site.
Liability of Kismet by Milka
EXCEPT FOR APPLICABLE CONSUMER PROTECTION LAWS, KISMET BY MILKA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. YOU AGREE THAT YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGHT THE SITE, OR OBTAINED FROM A LINKED SITE. KISMET BY MILKA RECOMMENDS THAT YOU SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE OR OTHER CONTENT. YOU AGREE THAT KISMET BY MILKA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY BY REASON OF WITHDRAWING GOODS OR SERVICES FROM THE SITE OR A LINKED SITE WHETHER OR NOT A VALID CONTRACT OF SALE EXISTS, REMOVING, SCREENING OR EDITING ANY MATERIAL OR CONTENT ON THE SITE OR FROM A LINKED SITE OR UNWINDING, SUSPENDING OR TERMINATING ANY TRANSACTION AFTER THE SECOND EMAIL. The Site or third parties may provide links to Linked Sites and other World Wide Web sites or resources. Kismet By Milka has no control over such Linked Sites and other sites and resources and you agree that Kismet By Milka is not responsible for the availability of such Linked Sites, external sites or resources, does not endorse any such sites or resources, and is not responsible or liable for any content, advertising, products or other materials on or available from such Linked Sites, sites or resources. You agree that Kismet By Milka will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, Goods or services available on or through any such Linked Site, other site or resource.
Damages
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KISMET BY MILKA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGING MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES EVEN IF KISMET BY MILKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold harmless Kismet By Milka, its officers, directors, members, managing members, subsidiaries, joint ventures, employees, agents and others acting on its behalf from any claims, causes of actions, demands, damages, including reasonable attorney’s fees, in connection with, arising out of, or related to your breach of the Terms or the Site, or your violation of any law or the rights of a third party.
Intellectual Property
The trademarks, logos, designs, service marks, codes and other intellectual property displayed on or relating to the Site are the property of Kismet By Milka or other parties. All persons, including Kismet By Milka members, are prohibited from using any such trademarks, logos and service marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Kismet By Milka or such third party which may own such trademarks, logos and service marks. All information and content including any software program available on or through the Site is protected by copyright. Federal and state law and regulations and international treaty provisions protect all trademarks, logos, designs, service marks, codes and other intellectual property displayed on or relating to the Site. All persons, including Kismet By Milka members, are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any such information and content, including any software program available on or through the Site, for commercial or public purposes. The intellectual property laws provide that information such as the look and feel of the Site, data files, graphics, text, photographs, drawings, logos, images sounds, video or audio files (“Site Content”) will be included in our intellectual property rights. Kismet By Milka will use its best efforts to ensure that the Site Content is accurate; and that we will use our best efforts to keep the Site free of viruses or other harmful components. Kismet By Milka abides by the intellectual property laws and respects the intellectual property of others, and we ask you to do the same. Kismet By Milka in appropriate circumstances and in its sole discretion may disable or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide Kismet By Milka with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property, (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed, (iii) a description of the location on the Site where you claim the infringement, (iv) your address, telephone number and email address, (v) 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, (vi) a statement by you made under penalty of perjury , that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may contact Kismet By Milka for claims of copyright or other intellectual property infringement by email at info@kismetbymilka.com, with “Intellectual Property” in the email subject header.
Surviving Obligations
You and Kismet By Milka hereby agree that any provision of the Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Terms.
Inappropriate Materials
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene or profane materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. If we reasonably believe that you have violated or are likely to violate any of the foregoing prohibitions, we make take any action we reasonably deem necessary to cure or prevent the violation, including, but not limited to, the immediate removal of the materials from the Site. We will cooperate fully with law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Miscellaneous
The Terms and the relationship between Kismet By Milka and you will be governed by the laws of the State of New York without regard to its conflict of law provisions. Kismet By Milka and you agree to submit to the personal jurisdiction of the federal and state courts located in Istanbul with respect to any legal proceeding that may arise in connection with these Terms. Kismet By Milka and you agree that the courts should endeavor to give effect to the parties’ intentions as reflected in the provisions of these Terms, and that if any of the provisions are deemed invalid, void or unenforceable for any reason, the unenforceable provision shall be deemed severed and will not affect the validity and enforceability of any remaining terms or conditions. Kismet By Milka may update its mailing address or phone number and that any such update will not constitute any modification to the Terms. The headings in these Terms are for convenience of reference only and are not intended to limit the scope or extent of the section. Kismet By Milka is not obligated to act against a member for a breach of the Terms and the failure of Kismet By Milka to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches of these Terms. The Terms do not create any rights as a third party beneficiary unless expressly set forth in the Terms. The Terms, Kismet By Milka ‘s Privacy Policy and all other rules posted on the Site and a Linked Site constitute the entire agreement between Kismet By Milka and you and govern your use of the Site and Linked Site, superseding any prior agreement between Kismet By Milka and you with respect to the Terms, Site and Linked Site.
