General Conditions Of Sale 

Preface

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These General Conditions of Sale (hereinafter referred to as "GCS") regulate the sales which has been rounded off between, on the one hand, the non-commercial individual (hereinafter referred to as "YOU") and on the other hand the company , (hereinafter referred to as "COUCOON"), through its website for electronic commerce and online sales for fashion accessories (hereinafter referred to as the "PRODUCTS"), which can be accessed via the address https://www.coucoon.co (hereinafter referred to as the "WEBSITE”).

This WEBSITE is reserved for individuals.

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1- The Company

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The Website is operated by Distillat Danismanlik ve Tasarim Hizmetleri, Ticaret A.S, owner of the CouCoon Atelier brand, located at Guzeltepe Mahallesi Abidin Daver Sokak, Sefer Apt, No:7/9, Ankara, Turkiye, registered with to ATO under number 3011139644.

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2- Accepting the GCS

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You declare to have read the GCS and to have accepted these by ticking the box "By continuing my order, I confirm having read and accept the General Conditions of Sale. "Before implementing the online purchase procedure (hereinafter referred to as the "ORDER"). The GCS may go through subsequent modifications, the version applicable to your purchase is the one in force on the WEBSITE on the date when you shall place your order.

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3- Offer duration and validity

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Our PRODUCT offers are valid as long as they are visible on the WEBSITE and within the limits of the stocks which shall be available.

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4- Conditions to carry out an order

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You declare that you are at least 18 years old and have the legal capacity or hold parental authorization which allows you to place an ORDER on the WEBSITE.

You also declare that you are not purchasing PRODUCTS through the aim of reselling these.

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5- Order and Purchase procedure

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You can ORDER PRODUCTS on our WEBSITE by following the purchase procedure:

• Select the PRODUCTS to buy and add them to the shopping cart (hereinafter referred to as the "SHOPPING CART") by clicking once on the corresponding button: "Add to my SHOPPING CART". The SHOPPING CART shall contain the reference of the selected PRODUCT, its name, its size, the chosen color, and its price.

• To continue your purchases and your ORDER, all you have to do is click on the corresponding button: "Continue my purchases".

• When you have completed all of your purchases, click on the "Order" button and you will be directed to the "summary of your order" page. If you wish, you shall then have the possibility of modifying your ORDER.

• If you are satisfied with the ORDER, you will need to confirm it by clicking once on the "Order" button.

This second acceptance shall round off the contract.

Your ORDER will be considered final after paying the corresponding price. This will take place under the conditions which have been set out in Article 7 of the GCS.

It can only be called into question in the cases provided for by law and these GCS.

After confirming the transaction, your ORDER number will be sent to you.

We will systematically send you an email which shall confirm the validation of your ORDER and its shipment.

In the case the selected PRODUCTS were to be unavailable after validation of your ORDER, we shall inform you by email. Your ORDER will then be canceled at once and any payment will be refunded to you. We reserve the right to cancel or refuse any ORDER from a CUSTOMER with whom there is a dispute which may relate to the payment of a previous ORDER, or which could lead to any risk.

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6- Price and Invoices

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Conditions Out Of ‘’Turkey’’ Location;

The prices of the PRODUCTS are specified in euros excluding all the taxes referring to your purchase, including shipping cost. (see article 9 - Delivery).

We reserve the right to change our prices at any given time without any prior notice.

However, the PRODUCTS will be invoiced on the basis of the prices in force at the time you shall validate your order.

The price will be payable in full in one go.

A summary invoice of your ORDER will be sent to you (i) by email upon payment of your ORDER and (ii) when sending your PRODUCTS.

Conditions Valid For ‘’Turkey’’ Location;

The prices of the PRODUCTS are specified in Turkish Liras including all the taxes referring to your purchase, and also including the shipping cost.

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7- Payment

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Payment for your purchases must be made using a credit card accepted by our banking partner and 3rd party payment provider Iyzico. No other payment system will be accepted.

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8- Secure transactions

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Our WEBSITE is subject to a transaction security system (SSL) automatically provided by WIX.

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9- Delivery

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Delivery will only be made in Turkey and throughout the European Union area.

However, COUCOON may deliver its PRODUCTS to other territories. For any information in this area, we thank you for getting in touch with our customer service at the email address which has been indicated in article 14 before placing any ORDER via the WEBSITE. In this case, the provisions of the General Tax Code relating to VAT will apply.

The PRODUCTS will be sent to the delivery address you indicated where the ORDER was processed, at the latest on the payment page. All deliveries shall be notified by email.

A delivery note will be available in each package. In the case of partial shipment, the delivery note will summarize the PRODUCTS which are currently present in the package and those which still need to be delivered.

We shall ship ORDERS As soon as possible, within a few days. The maximum delivery time will be 15 working days from the date of validation of the ORDER, unless expressly stated otherwise before placing the ORDER and prior to its final validation.

Every delivery will be deemed to have been made as soon as the PRODUCT has been made available to you, via the postal service or by the carrier.

In the case of a delay in delivery, we will suggest a new delivery date by email.

In any case and in keeping with legal provisions, in the case of a delay of more than 7 days, and not due to a case of force majeure, you may cancel your ORDER by sending us a registered letter with an acknowledgment of receipt within a period of 60 working days, to the address which has been indicated in article 14.

In the case you were to receive the PRODUCT after your cancellation, we will reimburse it upon receipt in a permanent state of marketing.

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10- Transport and responsibility

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COUCOON reserves the right to choose the carrier.

Transport risks are your responsibility from the moment the PRODUCT leaves our warehouse.

You are required to check the condition of the packaging and the conformity of the PRODUCT which has been delivered, and, if applicable, make any reservations on the carrier's delivery note. In this case, and if the return of the PRODUCTS were to be accepted as indicated in articles 11 and 12 of the GCS, the return costs will be reimbursed to you (base price in force).

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11- Withdrawal right

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In accordance with the legal provisions in force, you have a period of seven (7) days after receiving your PRODUCTS to exercise your right of withdrawal, without having to justify a reason or paying any penalties.

This right will be asserted by returning the PRODUCT(s) to COUCOON before the expiration of the so-called period, in keeping with article 13 of the GCS and to the address which has been specified in article 14, the date stamp being the proof.

In the case that the right of withdrawal is exercised within the period mentioned previously, only the price of the PRODUCT(s) purchased as well as any delivery costs will be refunded to you.

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The PRODUCT(s) must be returned in perfect condition for resale (unworn otherwise damaged, undamaged, or messed up), in their original packaging, along with any accessories and a copy of the purchase invoice. Moreover, the PRODUCT(s) must not go through any use (going past a few minutes) and must not bear the mark of a use which exceeds the maximum limit. They must be in a permanent state of commercialization.

The costs and risks associated with returning the PRODUCT(s) will be at your expense.

The refund will be made by any means of payment within 30 days of receipt of the PRODUCT(s) by COUCOON. If the PRODUCTS are not in perfect condition for resale, the refund will be refused.

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12- Conformity of products

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In accordance with the legal provisions relating to the conformity of the PRODUCT and mainly those specified in Annex 1 of the GCS, we will refund or exchange the PRODUCTS which may seem defective or not correspond to your ORDER.

The PRODUCT(s) must be returned in perfect condition for resale (unworn, undamaged or messed up, in addition to the alleged defect), in their original packaging, along with any accessories and a copy of the purchase invoice, in keeping with Article 13 and at the address which has been specified in Article 14.

Moreover, the PRODUCT(s) must not go through lasting use (exceeding a few minutes) and must not bear the mark of prolonged use which goes beyond the time to test the product out. They must be in a permanent state of commercialization.

If the return is accepted, the price of the purchased PRODUCT(s), the return costs (base price in force), not to mention any delivery costs shall be refunded to you. The risks related to the return of the PRODUCT(s) will be at your expense.

The refund will be made by any means of payment within 30 days of receiving the PRODUCT(s) by COUCOON.

You also benefit from the legal guarantee against hidden defects, in keeping with the legal provisions which have been specified mainly in Annex 1 of the GCS, which will be asserted under the conditions that have been defined above.

The provisions of this article are without prejudice to your right of withdrawal, which have been provided for in article 11.

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13- Return procedure

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For returning any PRODUCTS, you must contact our customer service which has been specified in article 14 of the Terms and Conditions. If COUCOON accepts the return, you will then be given a return number and we will tell you the procedure you need to follow to return the PRODUCTS to us.

Any return that will be made without agreement from COUCOON and without a return number will be refused by COUCOON.

In the case of non-compliance (article 12), you will be offered an exchange and if the product is no longer available, you will then be reimbursed for the mentioned Product(s). 

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14- Customer Service

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For any information, question or return, our Customer Service remains at your disposal:

• Via email at the following address hello@coucoon.co

• Address for returning packages: The address for returns will be given to you by the customer service. Please note that packages must include a return number on the packaging, which is given by the customer service. Any package without a return number shall be refused.

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15- Intellectual property

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COUCOON is the owner of all intellectual property rights relating to the WEBSITE and the trademarks which are reproduced. You acknowledge that no right has been granted to you, other than the right to use it for the so-called purpose.

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16- Responsibility

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Photos are for illustrative purposes. We encourage you to refer to the description of each PRODUCT to know the precise features.

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COUCOON cannot be held responsible:

• In the case of late delivery, for any reason whatsoever.

• In the case of a shortage of available stocks.

• In the case of an ORDER CANCELLATION for a reason referred in Article 5.

 

As a consequence, you will not be able to claim any compensation, of any nature whatsoever, from COUCOON. Moreover, COUCOON cannot be held liable for all the inconveniences or damages related to the use of the Internet network, mainly in the case of a service disruption, external intrusion, the presence of a computer virus, or any other external fact.You are responsible for your personal account which favors the management of your purchases (hereinafter referred to as the “ACCOUNT"), the personal data appearing within, your password, but also any use which may concern your credit card. 

 

17- Personal data

Incase applicable, to open your ACCOUNT, COUCOON might request that you provide certain elements, mainly your email address, your first and last names, your date of birth and your mother tongue.

You are responsible for the provision and accuracy of this personal data, and you agree to update it if need be.

In any case, COUCOON does not collect or process personal data which may directly or indirectly show your racial or ethnic origins, your political, philosophical, or religious opinions, your trade union membership, or any information relayed to your health or your sex life. We do not collect any nominative personal data which may directly concern you without your knowledge or without your prior consent. Solely, personal information which is voluntarily provided from being collected.

We apply the obligations and provisions of Law 78-17 dated 6th January 1978 as amended (mainly by the law dated 6 August 2004) known as “French Data Protection” and its decrees. We process such data fairly and lawfully, while respecting your rights.

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The person responsible for processing this personal data is the company COUCOON.

Web-designer: Distillat Tasarım ve Danısmanlık Hizmetleri Ticaret A.S.

 

In accordance with the "French Data Protection" law, you have the rights to access, rectify, oppose, and delete your personal data.

 

You can apply these rights by sending us your request by email to: hello@coucoon.co

 

We undertake not to communicate, assign, or transfer your personal data to third parties without your prior consent. We will not transfer your personal data to third parties who do not guarantee suitable protection. We may communicate your personal data through a legal obligation or a court decision.

 

The personal data that you communicate to us is saved on the COUCOON servers or its technical service provider. We are committed in keeping them optimally secure. 

The data retention time is proportional to the activation time of your account.

 

ANNEXES

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Annex 1

Article L211-4 of the Consumer code

« Created by Ordinance n°2005-136 dated February 17, 2005 - art. 1 JORF February 18, 2005

The seller is required to deliver goods in keeping with the contract and is liable for any lack of conformity that may exist, at the time of delivery.

He is also responsible for any lack of conformity which may result from the packaging, the assembly instructions, or the installation when this has been charged to him via the contract or has been carried out under his responsibility..

NOTE:

Ordinance 2005-136 2005-02-17 art. 5: The provisions of this Ordinance apply to contracts which have been rounded after its entry into force. "

L211-5 of the Consumer code

« Created by Ordinance n ° 2005-136 dated February 17, 2005 - art. 1 JORF February 18, 2005

To comply with the contract, the item must:

1 ° Be suitable for the use which is usually expected of a similar good and, where applicable:

• - correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model.

• - present the qualities that a buyer can legitimately expect, given the public statements made by the seller, the producer, or his representative, mainly in terms of advertising or labeling.

2° Or possess the features which are set via mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter may have accepted."

NOTE:

Ordinance 2005-136 2005-02-17 art. 5: The provisions of this ordinance apply to contracts which are rounded off after its entry into force.

Article L211-12 of the Consumer code

« Created by decree n°2005-136 dated February 17, 2005 - art. 1 JORF February 18, 2005

The action resulting from the lack of conformity shall lapse after two years after delivering the goods."

NOTE:

Ordinance 2005-136 2005-02-17 art. 5: The provisions of this ordinance apply to contracts which is rounded off after its entry into force.

Article 1641 of the Civil Code

"The seller is bound by the guarantee due to the hidden defects within the good that is sold, therefore which make it unsuitable for any use, or which reduce this use to such an extent that the buyer would not have purchased it, or would have set a lower price, if he was aware of the latter”.

Article 1648 paragraph 1 of the Civil Code

“The action resulting from latent defects must be notified by the purchaser within two years after coming across the defects. "

Annex 2

Article L121-20-3 of the Consumer code

“Amended by Law n °2008-3 dated January 3, 2008 - art. 28

The supplier must indicate, before rounding off the contract, the deadline through which he wishes to undertake, in terms of delivering the goods or carrying out the provision of services. Failing this, the supplier is deemed to have to deliver the goods or carry out the provision of services after the rounding off the contract. In the case of non-compliance with this deadline, the consumer may obtain the resolution of the sale through the conditions which are provided for in the second and third paragraphs of article L. 114-1. The latter is then reimbursed through the conditions of article L. 121-20-1.

In the case of failure to carry out the contract by a supplier resulting from the unavailability of the good or service which has been ordered, the consumer must be informed of this unavailability and must, where applicable, be refunded without delay and at the latest within thirty days after paying the amount. Beyond this term, these sums are chargeable with interest at the legal rate.

However, if the possibility had been given before the conclusion of the contract or in the contract, the supplier may provide a good or service of equivalent quality and price. The consumer is notified of this possibility in a clear and comprehensible way. The return costs resulting from applying the right of withdrawal are the responsibility of the supplier and the consumer must be informed.

The professional is legally responsible towards the consumer for the proper carrying out of the obligations which may result from the contract concluded at a distance, whether these obligations are to be carried out by the professional who rounded off this contract or by other service providers, without prejudice to his right of recourse against these.

However, he can be exonerated from all or part of his responsibility by giving proof that the non-performance or poor performance of the contract is attributable, either to the consumer, or to the unforeseeable and insurmountable fact of a third party to the contract, either in a case of force majeure”

Article L121-18 of the Consumer code

“Modified by Law n° 2008-3 dated January 3, 2008 - art. 29 Modified by Law n°2008-3 dated January 3, 2008 - art. 30

Without prejudice to the information provided for in Articles L. 111-1 and L. 113-3 not to mention the one provided for the application of Article L. 214-1; the contract offer must include the following information:

• 1° The name of the product’s seller or of the service provider, telephone numbers allow getting in touch with the latter, including his address or, in the case of a legal person, his head office and, if it is different, the address of the establishment which is responsible for the offer.

• 2 ° Where applicable, delivery costs.

• 3 ° The terms of payment, delivery, or performance.

• 4 ° The existence of a right of withdrawal and its possible limits or, in the case that this right does not apply, the absence of a right of withdrawal.

• 5 ° The duration of the validity of the offer and the price.

• 6 ° The cost of using the remote communication technique when it is not calculated through a reference for the basic rate.

• 7 ° Where applicable, the minimum duration of the suggested contract, when it relates to the continuous or periodic supply of goods or services.

This information, the commercial nature of which must appear unequivocal, is sent to the consumer in a clear and understandable manner, through any means which may favor the remote communication technique. In the case of solicitation by telephone or by any other comparable technique, the professional must explicitly indicate his identity and the commercial nature of the call, at the beginning of the conversation."

Article L121-19 of the Consumer code

“Modified by Law n° 2008-3 dated January 3, 2008 - art. 29

- The consumer must receive, in writing or on another sustainable medium at his disposal, at the right time and latest at the time of delivery:

• 1° Confirmation of the information mentioned in 1° to 4° of article L. 121-18 and of those which shall appear in articles L. 111-1 and L. 113-3 but also those provided for within the application of Article L. 214-1, unless the professional has fulfilled this obligation before rounding off the contract.

• 2°Information on the conditions and modalities for applying the right of withdrawal.

• 3 ° The address of the supplier's establishment where the consumer can present his complaints.

• 4 ° Information related to after-sales service and commercial guarantees.

• 5 ° The conditions for terminating the contract when it is for an indefinite period or more than one year.

II. - The provisions of this article are not applicable to services which are implemented all at once, through the means of a remote communication and invoiced by the operator in terms of this technique with the exception of 3 °.

III. - The means of communication allowing the consumer to follow the carrying out of his order, to apply his right of withdrawal or to invoke the guarantee, only support communication costs, to the exclusion of any specific additional cost."

Article L121-20-1 of the Consumer code

« Modified by Law n ° 2008-3 dated January 3, 2008 - art. 31

When the right of withdrawal is exercised, the professional is required to refund the consumer for all the amounts that have been paid, as soon as possible and at the latest within thirty days following the date on which this right was applied. Beyond this, the amount due is, as of right, productive of interest at the legal rate in force. This repayment is made through any payment means. On the professional's suggestion, the consumer who has exercised his right of withdrawal may however opt for another refund means. "

Article L136-1 of the Consumer code

“Amended by Law n°2008-3 dated January 3, 2008 - art. 33

The professional service provider informs the consumer in writing, at the earliest three months and at the latest one month before the end of the period which authorizes the rejection of the renewal, of the possibility of not renewing the contract he might have concluded with a tacit renewal clause. When this information has not been sent to him in keeping with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any given time from the date of renewal. The advances that are made after the last renewal date or, in the case of open-ended contracts, after the conversion date of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, after deducting the corresponding sums, in terms of implementing the contract. In the absence of a refund, under the conditions which have been mentioned above, the sums due are chargeable with interest at the legal rate.

The provisions of this article apply without any prejudice to those contracts which are subject to specific rules, in terms of consumer information.

The three previous paragraphs are not applicable to drinking water operators and sanitation services. They are applicable to consumers and non-professionals.