B2B WEBSITE TERMS & CONDITIONS
PURCHASING, SALES, DELIVERY & DATA USE TERMS
Legal Name: Nevistanbul Textile & Promotion Industry and Trade Limited Company
Address: 15 Temmuz Mahallesi 1432 Sokak No:26-30, Bağcılar / Istanbul, Türkiye
Tax Office: Güneşli Tax Office
Tax Number: 6310675047
General E-mail: info@nevistanbul.com.tr
Privacy / Data Protection: privacy@nevistanbul.com.tr
Website: www.nevistanbul.com.tr
B2B / Corporate Use
Website Terms & Conditions
Terms and Conditions
Nevistanbul Textile & Promotion Industry and Trade Limited Company is a company incorporated and operating in Türkiye. Our registered business address is 15 Temmuz Mahallesi 1432 Sokak No:26-30, Bağcılar / Istanbul, Türkiye. Our Tax Office is Güneşli Tax Office and our Tax Number is 6310675047.
In these Terms & Conditions, “NEVISTANBUL”, “we”, “us” or “our” means Nevistanbul Textile & Promotion Industry and Trade Limited Company. “You”, “your” or “Buyer” means the person, business or company seeking to access and/or use NEVISTANBUL’s services. These Terms & Conditions, together with all documents expressly referred to in them, form a legally binding agreement between you and us and govern your use of our services.
Acceptance of the Terms
By registering with NEVISTANBUL and ticking the relevant acceptance box, you confirm that you accept these Terms & Conditions together with our Privacy Notice and agree to comply with them.
Nothing in these Terms & Conditions affects any rights that cannot legally be limited or excluded under applicable mandatory law.
If you do not agree with any part of these Terms & Conditions, you must not use any products or services available through the Website and should leave the Website immediately.
You agree not to use the Website for unlawful purposes and to comply with all applicable laws and regulations. You must not use the Website in any way that may impair its performance, corrupt its content, reduce its functionality, compromise its security, or attempt to gain unauthorised access to restricted areas or sensitive information.
Misuse of the Website may give rise to civil and/or criminal liability. You agree to be fully responsible for claims, liabilities, losses, costs, expenses and reasonable legal fees arising from your breach of these Terms & Conditions.
Changes
NEVISTANBUL may update these Terms & Conditions from time to time. Where appropriate, material changes will be communicated through the Website or other suitable means. The version applicable to an order or transaction will be the version accepted or otherwise applicable at the relevant time.
Intellectual Property Rights
Unless expressly stated otherwise, NEVISTANBUL owns or is licensed to use the intellectual property rights in the Website and the materials published on it.
Product data and materials made available by NEVISTANBUL may be copied, shared with others, and used in your presentations or internal training materials for legitimate B2B purposes.
You must not use or reproduce third-party reference photographs, reference customer images, exclusive logos, trademarks or other third-party materials unless you have the necessary rights or permission.
Purchasing Terms & Conditions
1. Interpretation
1.1 Definitions
Buyer: The person, firm or company purchasing Goods from NEVISTANBUL.
Contract: The contract between NEVISTANBUL and the Buyer for the purchase and sale of Goods, incorporating these Terms.
Delivery: Physical delivery of the Goods to the Buyer or to a representative designated by the Buyer.
Delivery Date: The date on which the Goods are delivered to or collected by the Buyer, or, where NEVISTANBUL has attempted to deliver the Goods but delivery has not been accepted or completed, the date on which NEVISTANBUL attempted to make the Goods available for delivery.
Delivery Point: The place where the Goods are to be delivered.
Goods: All goods, products and/or product components that NEVISTANBUL has agreed to supply to the Buyer under the Contract.
Incoterms: The international rules for the interpretation of trade terms issued by the International Chamber of Commerce and in force at the date of the relevant Contract.
NEVISTANBUL: Nevistanbul Textile & Promotion Industry and Trade Limited Company, with its business address at 15 Temmuz Mahallesi 1432 Sokak No:26-30, Bağcılar / Istanbul, Türkiye, as the supplier of the Goods.
1.2 A reference to any law or regulation means that law or regulation as amended, extended, applied, replaced or re-enacted from time to time, together with applicable subordinate legislation.
1.3 Words in the singular include the plural and words in the plural include the singular.
1.4 Headings are for convenience only and do not affect interpretation.
2. Application of Terms
2.1 Subject to any agreed amendment under clause 2.3, the Contract shall be governed exclusively by these Terms, excluding any other terms and conditions, including any terms the Buyer may attempt to impose in a purchase order, order confirmation, specification or other document.
2.2 No terms or conditions contained in, delivered with or referred to in any purchase order, order confirmation, specification or other document issued by the Buyer shall become part of the Contract merely because that document is referred to in the Contract.
2.3 These Terms apply to all sales by NEVISTANBUL. Any amendment to these Terms or any representation concerning the Goods shall only be effective if expressly accepted and signed in writing by an authorised Director of NEVISTANBUL.
2.4 An order placed by the Buyer or acceptance by the Buyer of a quotation from NEVISTANBUL constitutes an offer by the Buyer to purchase the Goods subject to these Terms.
2.5 No order placed by the Buyer shall be deemed accepted until NEVISTANBUL confirms acceptance by an appropriate means.
2.6 The Buyer shall ensure that the terms of its order and all applicable specifications are complete and accurate.
2.7 Any quotation issued by NEVISTANBUL may be amended at NEVISTANBUL’s discretion and shall remain open for acceptance only until withdrawn or until any stated acceptance period expires.
2.8 NEVISTANBUL may, at its sole discretion, supply branded and private-label products to authorised customers. The Buyer must not advertise, promote, distribute, sell or market such products in any manner that disparages, misrepresents or damages the brand or private-label owner, or use unlawful, deceptive, unsolicited or inappropriate advertising, marketing or sales practices.
2.9 NEVISTANBUL may, at any time between the order date and shipment date, give written notice cancelling all or part of an order or changing quantities at its discretion.
2.10 By entering into a Contract with NEVISTANBUL, the Buyer represents and warrants that it is acting in the course of its business.
3. Product Description and Specifications
3.1 The quantity and description of the Goods shall be as stated in NEVISTANBUL’s records. The sales Contract is formed when the Buyer approves the Proforma Invoice and technical details provided after the order.
3.2 All samples, drawings, descriptive information, specifications, measurements, colours, advertisements, catalogue descriptions and illustrations supplied or published by NEVISTANBUL are subject to normal manufacturing tolerances in colour, size and quantity.
3.3 The Buyer must inspect the Goods upon receipt, including dimensions, style, fabric composition, specifications, quality, colour and other relevant characteristics. The Buyer is solely responsible for verifying that the Goods received correspond to the Goods ordered.
3.4 NEVISTANBUL gives no express or implied warranty that the Goods are suitable for any particular purpose selected by the Buyer, except as expressly agreed in writing or required by mandatory law.
3.5 The Buyer acknowledges that colour variations may occur between dye lots and NEVISTANBUL shall not be liable for such normal variations.
3.6 Where a sample has been shown to or inspected by the Buyer, the Buyer acknowledges that final production may not be identical to the sample in every respect.
4. Delivery
4.1 Unless otherwise agreed in writing, the Delivery Point shall be NEVISTANBUL’s premises. Collection is available Monday to Friday between 09:00 and 15:00.
4.2 If the Buyer requests delivery elsewhere, the Buyer shall request the alternative Delivery Point and pay the applicable delivery charges. Transportation may be arranged by NEVISTANBUL or the Buyer, as agreed.
4.3 If the Buyer arranges its own transportation, it shall collect the Goods within 7 days after NEVISTANBUL notifies the Buyer that the Goods are ready.
4.4 Any delivery dates stated by NEVISTANBUL are estimates only. Where an estimated date changes, NEVISTANBUL will normally notify the Buyer at least 5 days before the revised date. Delivery delays shall not exceed 25% of the originally stated delivery period, except where otherwise agreed or where circumstances beyond NEVISTANBUL’s reasonable control apply.
4.5 To the fullest extent permitted by law, NEVISTANBUL shall not be liable for direct, indirect or consequential loss, including pure economic loss, loss of profit, loss of business or loss of reputation, arising from a delivery delay, including delay caused by NEVISTANBUL’s negligence. A delay shall not entitle the Buyer to terminate or cancel the Contract unless it exceeds 50% of the stated delivery period, subject to mandatory legal rights.
4.6 Where the Buyer requests postal or courier delivery, NEVISTANBUL shall not be liable for non-delivery or delay unless caused by NEVISTANBUL sending the Goods to an incorrect address. This clause is subject to clause 12.3 and mandatory law.
4.7 If the Buyer does not accept delivery when the Goods are ready, or NEVISTANBUL cannot deliver because the Buyer has not provided appropriate instructions, documents, licences or authorisations: (a) risk in the Goods passes to the Buyer; (b) the Goods are deemed delivered; and (c) NEVISTANBUL may store the Goods, with all related storage and insurance costs payable by the Buyer.
4.8 The Buyer shall provide, at its own expense, adequate equipment and labour at the Delivery Point for unloading and receiving the Goods.
4.9 NEVISTANBUL may deliver up to 10% more or less than the quantity ordered. The Buyer shall pay for the quantity actually delivered at the applicable proportional Contract price.
4.10 NEVISTANBUL may deliver Goods in separate instalments. Each instalment may be invoiced and paid for in accordance with the Contract.
4.11 Each instalment is treated as a separate contractual delivery. Cancellation or termination relating to one instalment does not entitle the Buyer to reject or cancel another instalment.
4.12 Where the Delivery Point is outside Türkiye, unless otherwise provided by the applicable Incoterms: the Buyer shall obtain required import/export licences, permits and approvals; comply with destination-country laws; accept risk in accordance with the applicable Incoterms; arrange required transit insurance; and acknowledge that large orders may result in additional costs or extended delivery times.
4.13 Where the Buyer pays for premium delivery, delivery may take place from 07:00 onwards. If the Buyer is unavailable, NEVISTANBUL may apply the relevant provisions of these Terms at its discretion.
4.14 NEVISTANBUL will not deliver on behalf of the Buyer to a third party located in a country other than the country in which the Buyer is established, unless otherwise agreed in writing.
5. Non-Delivery
5.1 The quantity recorded by NEVISTANBUL when a consignment is dispatched shall be evidence of the quantity received unless the Buyer provides clear evidence to the contrary.
5.2 NEVISTANBUL shall not be liable for non-delivery unless the Buyer gives written notice within 7 days after the date on which the Goods would ordinarily have been received.
5.3 NEVISTANBUL’s liability for non-delivery is limited to replacing the Goods within a reasonable period or issuing a proportionate credit against the relevant invoice.
6. Risk and Title
6.1 Subject to clause 4.12, risk in the Goods passes to the Buyer upon delivery.
6.2 Title shall not pass until NEVISTANBUL has received in full, in cleared funds, all amounts due in respect of the Goods and other amounts owed under the Contract.
6.3 If an event occurs that terminates or may terminate the Buyer’s right to possess the Goods, the Buyer shall immediately notify NEVISTANBUL and, if required, hold the Goods on behalf of NEVISTANBUL until recovery.
6.4 NEVISTANBUL remains entitled to recover payment even where title has not passed.
6.5 The Buyer irrevocably authorises NEVISTANBUL, its agents and employees to enter premises where the Goods are or may be stored to inspect or recover them where the Buyer’s right to possession has ended.
6.6 If NEVISTANBUL cannot identify which Goods are subject to the Buyer’s loss of possession rights, the Buyer shall be deemed to have sold all Goods supplied by NEVISTANBUL in invoice order.
6.7 NEVISTANBUL’s rights under clause 6 survive termination.
7. Price
7.1 Unless otherwise agreed by NEVISTANBUL in writing, including by email, the price of the Goods shall be the price stated in the applicable NEVISTANBUL Proforma Invoice on the order date. NEVISTANBUL reserves the right to change the price between the order date and shipment date. If a change increases the agreed price by more than 15%, the Buyer may cancel the order, except where the Goods have been customised for the Buyer.
7.2 If the Buyer pays in a currency different from that stated in the quotation or order confirmation, the applicable exchange rate shall be agreed separately. Unless otherwise agreed in writing, NEVISTANBUL may use the bank exchange rate applicable on the payment date.
7.3 Delivery charges shall be those stated on the NEVISTANBUL Website at the time of delivery or otherwise communicated to the Buyer.
8. Returns
8.1 Subject to any mandatory rights and the Buyer’s rights under these Terms, all sales are final. NEVISTANBUL may, at its discretion, consider accepting a return in appropriate circumstances, but is under no obligation to do so. Goods the Buyer wishes to return are referred to as “Returned Goods”.
8.2 Returns will only be accepted where all of the following conditions are met:
(a) the Buyer provides a valid invoice and dispatch/delivery reference;
(b) NEVISTANBUL has issued a valid return authorisation;
(c) the Buyer pays a restocking fee of 20% of the price of the Returned Goods, or the equivalent in euros where applicable;
(d) the Returned Goods are unused, including not worn or tried on, and are returned in their original unopened packaging;
(e) all original documentation supplied with the Goods is returned;
(f) NEVISTANBUL may reject Returned Goods it considers unsuitable for resale;
(g) the Buyer shall either arrange and pay for the return, or, if NEVISTANBUL agrees to collect the Goods, pay EUR 18 per box. If collection fails due to the Buyer’s fault, the Buyer shall also pay the carrier’s applicable charge; and
(h) the value of Returned Goods should not exceed 3% of the Buyer’s total spend with NEVISTANBUL during the preceding 12 months. If the value exceeds 3%, NEVISTANBUL may, at its discretion, charge a 25% restocking fee.
8.3 Non-returnable Goods
The following cannot be returned:
(a) custom-made or specially sourced products produced or supplied specifically for the Buyer;
(b) products printed, embroidered, decorated or processed by DTF, DTG, transfer, sublimation, labelling, personalisation or any other application;
(c) products prepared to special measurements, colours, fabrics, packaging or designs requested by the Buyer;
(d) samples or sample products;
(e) products that have been used, washed, ironed, altered, repackaged or otherwise made unsuitable for resale;
(f) products that cannot reasonably be returned for hygiene reasons;
(g) seasonal, promotional, clearance or stock-liquidation products, or products stated to be non-returnable at sale;
(h) products held by the Buyer for more than 28 days after delivery;
(i) products damaged or incomplete due to the Buyer; and
(j) any other products agreed in writing to be non-returnable.
8.4 If Goods are returned because the Buyer provided an incorrect delivery address or other incorrect information, the Buyer shall pay all transportation costs, including re-delivery, in addition to any applicable restocking fee.
9. Taxes
9.1 Unless expressly stated otherwise, prices and charges exclude VAT where applicable and exclude packaging, loading, unloading, transportation and insurance costs. Such amounts are payable by the Buyer when payment becomes due.
9.2 Orders delivered outside Türkiye may be subject to export and/or import duties, taxes and charges. The Buyer is responsible for such duties and charges. Any export-related costs incurred by NEVISTANBUL on behalf of the Buyer shall be reimbursed within 7 days of request.
9.3 The Buyer is solely responsible for correctly calculating and paying all taxes arising from its transactions with NEVISTANBUL for which the Buyer is legally responsible.
10. Payment
10.1 Unless otherwise agreed, a Buyer without approved credit terms must pay for the Goods when the order is placed.
10.2 NEVISTANBUL may, at its discretion, offer credit terms. Credit will only be available if approved in writing. Unless otherwise agreed, payment on approved credit shall be made within 30 days of the Delivery Date. Goods will not be dispatched while the Buyer’s account is overdue or its credit limit is exceeded.
10.3 Payment is not deemed received until NEVISTANBUL has received cleared funds. NEVISTANBUL is entitled to payment even if an invoice has not yet been issued.
10.4 Time for payment is of the essence.
10.5 Upon termination, all amounts payable to NEVISTANBUL under the Contract become immediately due and payable.
10.6 For card payments, NEVISTANBUL may add applicable processing or transaction fees charged by the payment operator, where permitted by law.
10.7 The Buyer shall make all payments in full without set-off, counterclaim, deduction, withholding or reduction, except where required by a valid court decision.
10.8 NEVISTANBUL may offer an early-payment discount at an agreed rate and within an agreed period. If payment is not made within that period, the full undiscounted amount becomes payable.
10.9 To the extent permitted by law, NEVISTANBUL shall have a lien over monies and goods belonging to or held for the Buyer that are in NEVISTANBUL’s or its representatives’ possession, and may exercise such rights to reduce amounts owed.
10.10 If the Buyer fails to pay an amount when due, default interest may be charged at the rate permitted by applicable law and/or agreed in writing. NEVISTANBUL reserves all rights under the Turkish Commercial Code, Turkish Code of Obligations and other applicable legislation. The Buyer shall also reimburse reasonable recovery costs and expenses incurred by NEVISTANBUL or its agents.
10.11 Bank charges, collection charges and reasonable recovery costs relating to returned, rejected or uncollectable payment instruments may be charged to the Buyer.
11. Quality
11.1 NEVISTANBUL shall meet the quality values and specifications stated in the Contract, including the Proforma Invoice and technical information. The Buyer may request tests to verify compliance, with testing costs borne by the Buyer unless otherwise agreed.
11.2 Where a product is sourced from a third-party manufacturer or supplier, NEVISTANBUL may, where applicable, pass through manufacturer or supplier warranties and undertakings provided to NEVISTANBUL.
12. Limitation of Liability
12.1 These provisions set out NEVISTANBUL’s financial liability to the Buyer in connection with breach of these Terms, the Buyer’s use or resale of the Goods, representations, tort or negligence, and other matters arising from the sale or supply of the Goods, including acts or omissions of employees, representatives and subcontractors.
12.2 To the fullest extent permitted by applicable law, all warranties, conditions and other terms implied by law are excluded.
12.3 Nothing excludes or limits NEVISTANBUL’s liability for death or personal injury caused by its negligence, liability that cannot legally be limited or excluded, unlawful exclusions of liability, or fraud and fraudulent misrepresentation.
12.4 Subject to clauses 12.2 and 12.3:
(a) NEVISTANBUL’s total liability arising in contract, tort, misrepresentation, restitution or otherwise shall, at NEVISTANBUL’s discretion, be limited to repair or replacement of the Goods or the relevant part, or the price paid for the Goods; and
(b) NEVISTANBUL shall not be liable for pure economic loss, loss of profit, loss of business, loss of reputation, indirect or consequential loss or consequential compensation claims, to the fullest extent permitted by law.
12.5 NEVISTANBUL’s liability is limited to the Goods themselves. Where Goods are applied to or used with another product, NEVISTANBUL shall not be liable for loss or damage to that other product or loss arising from its use, to the extent permitted by law.
12.6 NEVISTANBUL recommends testing Goods before applying or using them with other products. Where Goods are intended for equipment use, appropriate training regarding operation, use, maintenance and safety is strongly recommended. NEVISTANBUL shall not be responsible for problems that could reasonably have been avoided through appropriate testing or training.
12.7 NEVISTANBUL shall not be liable for breach concerning Goods to the extent that the Buyer continues to use Goods after notice of an issue; the defect results from failure to follow NEVISTANBUL’s instructions or good industry practice; the Buyer modifies or repairs the Goods without written permission; or the Buyer is otherwise responsible for the issue.
12.8 The Buyer acknowledges that the price reflects the level of risk NEVISTANBUL is prepared to accept. A higher price may be agreed where the Buyer requires NEVISTANBUL to accept additional risk.
13. Buyers Outside Türkiye
13.1 For deliveries to European Union Member States and/or the United Kingdom or Northern Ireland, the Incoterms confirmed by NEVISTANBUL on its Website shall apply unless otherwise confirmed in writing. Unless otherwise agreed, the delivery location is the Buyer’s registered business address in NEVISTANBUL’s system. Buyers outside Türkiye and the EU shall agree delivery terms separately for each transaction.
13.2 If an order is below an applicable delivery threshold stated by NEVISTANBUL, the Buyer shall pay all delivery costs, which will be invoiced under NEVISTANBUL’s payment terms.
13.3 The applicable Incoterms determine responsibility for import, export, local and national taxes and other matters relating to import/export. Where Incoterms do not address a matter, the Buyer is responsible for destination-country import requirements and any taxes, customs duties and charges for which it is legally responsible.
13.4 Delivery, customs, import and export obligations shall be interpreted according to the agreed Incoterms and applicable law.
13.5 Subject to the Turkish Commercial Code and applicable legislation, NEVISTANBUL has no additional notice obligation except where required by law or expressly agreed.
13.6 Complaints concerning damage, defects or short delivery should be notified to NEVISTANBUL within 48 hours of delivery. Subject to mandatory legal rights, failure to notify within this period may result in the Goods being deemed accepted.
13.7 For deliveries outside Türkiye, the applicable Incoterms govern delivery, risk, transportation and insurance. In the event of conflict, the relevant Incoterms provision prevails only on those matters.
13.8 NEVISTANBUL may provide customs-related product information such as country of origin, HS codes, product descriptions and other commercial data. Such information is provided as accurately as reasonably known to NEVISTANBUL and may change. NEVISTANBUL gives no warranty as to its accuracy, completeness or sufficiency.
14. Termination
14.1 NEVISTANBUL may immediately terminate or suspend all or part of its obligations where the Buyer becomes subject to insolvency, liquidation, bankruptcy, administration, creditor arrangements or equivalent proceedings; becomes unable to pay debts as they fall due; a secured creditor takes enforcement steps; the Buyer enters a creditor arrangement; the Buyer fails to take delivery or pay when due; the Buyer materially breaches its obligations; or NEVISTANBUL reasonably suspects any such event has occurred or may occur.
14.2 If NEVISTANBUL terminates the Contract, it may demand immediate payment of all amounts due from the Buyer, including outstanding credit, and shall be released from supplying Goods not delivered before termination.
15. Assignment and Subcontracting
15.1 NEVISTANBUL may assign, transfer, charge, pledge, subcontract, delegate or otherwise deal with all or any of its rights, obligations or interests under the Contract.
15.2 The Buyer may not assign, transfer, charge, pledge, subcontract, delegate or otherwise deal with its rights or obligations without NEVISTANBUL’s prior written consent.
16. Force Majeure
NEVISTANBUL may postpone delivery, cancel the Contract or reduce quantities without liability where performance is prevented or delayed by circumstances beyond its reasonable control, including force majeure, government action, war or national emergency, terrorism, protests, riots, civil unrest, fire, explosion, flood, epidemic or pandemic, lockouts, strikes, carrier restrictions or delays, or shortages or delays in obtaining adequate materials.
If such an event continues for more than 180 consecutive days, the Buyer may terminate the affected Contract by written notice to NEVISTANBUL.
17. Website Use
17.1 The Buyer must not use the Website in any way that damages or may damage it, interferes with availability or accessibility, or is unlawful, fraudulent, harmful or connected with unlawful or harmful activities.
17.2 The Buyer must not use the Website to copy, store, host, transmit, publish or distribute material containing or connected with spyware, viruses, Trojan horses, worms, keyloggers, rootkits or other malicious software.
17.3 Without NEVISTANBUL’s express written permission, the Buyer must not conduct systematic or automated data collection, scraping, data mining, data extraction, crawling or vulnerability testing on or in relation to the Website.
17.4 The Buyer must not use the Website to transmit or send unsolicited commercial communications.
18. International Trade and Compliance
18.1 For sales and deliveries outside Türkiye, export, import, customs, tax, product compliance, packaging, labelling, origin and similar obligations shall be allocated according to the applicable Incoterms rule and destination-country laws.
18.2 The Buyer is responsible for checking import permits, licences, product compliance requirements and other official requirements in the destination country and for fulfilling its allocated obligations.
19. Data Protection
19.1 If NEVISTANBUL collects personal information in connection with a Contract, it will be processed in accordance with NEVISTANBUL’s Privacy and Personal Data Protection Policy and applicable KVKK, GDPR and other relevant data protection legislation.
19.2 The Buyer shall comply with all applicable privacy and data protection laws and regulations.
20. Compliance with Laws
20.1 The Buyer shall comply with all applicable laws, regulations, directives, codes and standards, including the Turkish Criminal Code, Law No. 5549 and applicable anti-bribery, anti-corruption and anti-money laundering legislation.
21. General
21.1 Each right or remedy available to NEVISTANBUL under the Contract is without prejudice to any other right or remedy available to it.
21.2 If any provision is found by a competent authority to be illegal, invalid, void, voidable, unenforceable or unreasonable, it shall be severed to the necessary extent and the remaining provisions shall remain in full force.
21.3 Any failure or delay by NEVISTANBUL in enforcing a provision shall not constitute a waiver of its rights.
21.4 NEVISTANBUL may monitor or record telephone calls with the Buyer or prospective Buyer from time to time, subject to applicable law and data protection requirements.
21.5 A waiver of any breach shall not constitute a waiver of a later breach and shall not affect other provisions.
21.6 The parties do not intend that any provision be enforceable by a person who is not a party, subject to mandatory third-party rights under Turkish law.
21.7 Governing Law and Jurisdiction
The formation, validity, interpretation and performance of the Contract, and disputes arising from or connected with it, shall be governed by Turkish law. Subject to mandatory jurisdiction rules, the parties agree to the jurisdiction of the Istanbul Courts and Enforcement Offices.
Important B2B Notice
All applicable shipping charges are payable as stated in the quotation, Proforma Invoice or order confirmation. ALL TRANSACTIONS ARE SUBJECT TO NEVISTANBUL’S FULL SALES TERMS & CONDITIONS.
Errors may occur in product information. All products must be checked upon receipt.
Worn, printed, embroidered, washed, altered or otherwise processed products cannot be returned, subject to mandatory legal rights.
IMPORTANT: NEVISTANBUL always recommends checking the suitability of all products purchased through the B2B Website for the intended application process, including garment fitting, printing, embroidery, labelling, washing or other processing. Any modification or processing may make products non-returnable.
All colours and sizes displayed on the Website are for guidance only. Certain colour icons may not represent the exact appearance of the actual product. Melange grey, ash, denim, washed and vintage colours or styles may be particularly difficult to represent accurately on screen.
If there is uncertainty regarding colour representation, NEVISTANBUL shall not be responsible for losses arising solely from reliance on an on-screen colour representation, to the extent permitted by applicable law. We recommend requesting product samples before placing significant or customised orders.
NEVISTANBUL provides support only in accordance with its applicable sales and warranty terms for products supplied by NEVISTANBUL. NEVISTANBUL recommends testing products before completing any application or production process.
NEVISTANBUL Company Information
Legal Name: Nevistanbul Textile & Promotion Industry and Trade Limited Company
Address: 15 Temmuz Mahallesi 1432 Sokak No:26-30, Bağcılar / Istanbul, Türkiye
Tax Office: Güneşli Tax Office
Tax Number: 6310675047
General E-mail: info@nevistanbul.com.tr
Privacy / Data Protection E-mail: privacy@nevistanbul.com.tr
Website: www.nevistanbul.com.tr
Website Data Use Terms & Conditions
1. Definitions and Interpretation
1.1 “Confidential Information” means the Data, the existence and content of this agreement, and all information and/or data obtained by the Licensee directly or indirectly from NEVISTANBUL in connection with the Permitted Purpose, whether before, on or after the date of this agreement, except Excluded Information.
“Data” means all electronically supplied product information and data relating to NEVISTANBUL’s products, including prices, specifications, descriptions and images.
“Excluded Information” means information that is lawfully disclosed to an authorised legal or regulatory authority after appropriate notice to NEVISTANBUL where legally permitted; was already lawfully known to the Licensee other than through NEVISTANBUL; is received lawfully from a third party not in breach of a confidentiality duty to NEVISTANBUL; or becomes publicly available other than through a breach of this agreement.
“Intellectual Property Rights” means all patents, invention rights, utility model rights, copyrights and related rights, trademarks, service marks, trade and domain names, rights in get-up or packaging, goodwill and unfair competition rights, design rights, software and database rights, semiconductor topography rights, moral rights, confidential information, know-how, trade secrets and all other registered or unregistered intellectual property rights and applications, renewals and extensions anywhere in the world.
“Licensee” means the person or entity to whom NEVISTANBUL licenses its Data and/or Licensed Intellectual Property Rights.
“Licensed Intellectual Property Rights” means all copyright, Data rights and other intellectual property or equivalent rights arising under the laws of any jurisdiction, whether registered or unregistered, together with rights protecting confidential information or materials.
“Permitted Purpose” means the purpose defined in clause 3.1.
“NEVISTANBUL” means Nevistanbul Textile & Promotion Industry and Trade Limited Company, 15 Temmuz Mahallesi 1432 Sokak No:26-30, Bağcılar / Istanbul, Türkiye.
1.2 References to persons include individuals, legal entities, companies, unincorporated associations, partnerships, firms, foundations and other legal entities.
1.3 Headings are for convenience only and do not affect interpretation.
1.4 Words in the singular include the plural and vice versa.
1.5 Words referring to any gender include all genders.
2. Term
This agreement begins when the Licensee accepts these Terms and continues until either party terminates it by written notice to the other party.
3. Use of Data
3.1 Subject to these Terms, NEVISTANBUL grants the Licensee a non-exclusive, non-transferable right to store the Data on the Licensee’s computer system and use the Data and Licensed Intellectual Property solely to purchase Goods from NEVISTANBUL and/or sell those Goods (the “Permitted Purpose”), and for no other purpose.
3.2 The Licensee shall not:
(a) use, deal with or exploit the Data other than as permitted by clause 3.1, including disclosing all or a substantial part of it to another person;
(b) reformat, adapt, modify or otherwise alter the Data, or combine it with other material so that it is no longer readily identifiable as belonging to NEVISTANBUL; or
(c) allow any third party, including a web developer or website/e-commerce platform provider, to access the Data without NEVISTANBUL’s express permission.
4. Ownership of Data
4.1 Ownership of the Data, including all Intellectual Property Rights in it, remains with NEVISTANBUL at all times. Except for the rights expressly granted under clause 3.1, the Licensee obtains no rights in or to the Data or related Intellectual Property Rights.
5. Warranties and Undertakings
5.1 NEVISTANBUL will use reasonable efforts to keep the Data accurate but gives no express or implied warranty as to accuracy, completeness or suitability for any purpose and excludes liability to the fullest extent permitted by law.
5.2 NEVISTANBUL does not warrant that the Data is virus-free. The Licensee is responsible for scanning the Data before transferring it to its computer system.
5.3 The Licensee shall take all necessary steps to protect the Intellectual Property Rights in the Data, including appropriate security measures against unauthorised access, alteration, disclosure, accidental loss, damage or destruction.
5.4 The Licensee shall indemnify and keep NEVISTANBUL indemnified against claims, losses, costs, liabilities, damages and expenses, including reasonable legal fees, arising from any breach of this agreement or from third-party claims connected with the Licensee’s use of the Data.
5.5 The Licensee shall cooperate with NEVISTANBUL on matters relating to the Data, comply with NEVISTANBUL’s lawful instructions, provide requested information and assistance promptly and accurately, and use the Data only for the Permitted Purpose.
6. Liability
Except for personal injury or death caused by NEVISTANBUL’s negligence, or liability that cannot legally be excluded or limited, NEVISTANBUL shall not be liable to the Licensee for loss of business, use, profit, anticipated profit, contract, revenue, reputation or data; consequential, special or indirect loss or damage; or liabilities, claims, costs, damages or expenses arising from the Licensee’s use of the Data.
7. Consequences of Termination or Expiry
7.1 Upon expiry or termination:
(a) unless expressly stated otherwise, the parties’ rights and obligations cease immediately;
(b) the Licensee shall return NEVISTANBUL’s Confidential Information and, if requested, confirm that it no longer holds it; and
(c) the Licensee shall return all physical and electronic copies of the Data, permanently delete the Data and all backup/archive copies, provide written confirmation of deletion, and cease all further use of the Data and material derived from it.
7.2 If the Licensee fails to comply with clause 7.1(c), NEVISTANBUL may send appropriately qualified personnel to the Licensee’s premises to permanently delete the Data, and the Licensee authorises access for that purpose.
7.3 Clauses 5, 6, 7 and 9 survive termination.
8. Assignment
8.1 NEVISTANBUL may assign, license or otherwise dispose of all or any part of its rights under this agreement.
8.2 The Licensee may not assign, license or otherwise dispose of its rights under this agreement.
9. Confidentiality
9.1 The Licensee shall keep all Confidential Information strictly confidential and shall:
(a) protect it with at least reasonable care and appropriate security;
(b) not copy it without NEVISTANBUL’s prior written consent;
(c) not store it electronically on externally accessible systems without appropriate security;
(d) keep it only at its ordinary place of business unless authorised otherwise;
(e) immediately notify NEVISTANBUL of any suspected or actual unauthorised use, copying or disclosure and take reasonable remedial steps requested by NEVISTANBUL;
(f) use it only for the Permitted Purpose; and
(g) not disclose it except as permitted by clause 9.2 or this agreement.
9.2 The Licensee may disclose Confidential Information to directors, officers and employees where reasonably necessary, provided they are informed of and comply with these confidentiality obligations and the Licensee remains responsible for their breaches.
9.3 Nothing requires NEVISTANBUL to disclose its Confidential Information or restricts either party from using, copying or disclosing its own confidential information.
10. General
10.1 Nothing in this agreement creates a partnership, agency, fiduciary relationship or other relationship of trust. Neither party has authority to bind the other.
10.2 This agreement constitutes the entire agreement between the parties and supersedes prior agreements, arrangements and understandings relating to its subject matter.
10.3 Nothing excludes or limits either party’s liability for fraud or fraudulent misrepresentation.
10.4 No delay, tolerance or failure to exercise a right, power or remedy constitutes a waiver.
10.5 Partial or non-use of any right, power or remedy does not prevent further exercise of it or another right.
10.6 If any provision becomes illegal, invalid or unenforceable in any jurisdiction, the remaining provisions remain unaffected.
10.7 No amendment is effective unless made in writing and signed by or on behalf of each party.
10.8 No person who is not a party has the right to enforce this agreement, subject to mandatory third-party rights under Turkish law.
10.9 Governing Law and Jurisdiction
This agreement and all matters arising from or connected with it are governed by Turkish law. The parties agree to the exclusive jurisdiction of the Istanbul Courts and Enforcement Offices.