General terms and conditions
Terms and Conditions for the long-distance transactions of Çırağan Palace Hotel Kempinski-Istanbul
1. Scope of Application
1.1. These Terms and Conditions (hereinafter called "T&C") apply exclusively to the contracts on the purchase of vouchers/goods in the online shop concluded between Çırağan Palace Hotel Kempinski-Istanbul and you as our customer. The T&C apply regardless whether you are a consumer, entrepreneur or trader.
1.2. Any agreements made between you and us in connection with the purchase contract result particularly from these sales terms, our order confirmation and our declaration of acceptance.
1.3. The T&C are applicable in the version which is valid at the time the contract is concluded. Çırağan Palace Hotel Kempinski-Istanbul reserves the right to modify the T&C unilaterally and without prior notification.
1.4. We do not accept any of the customer’s deviating terms. This shall also apply if we do not expressly object to them.
2. Conclusion of a Contract
2.1. The presentation of articles and their promotion on our website does not constitute a binding offer for concluding a purchase contract, but rather an invitation to you to order the vouchers/goods described in our online shop. The presentation of articles and their promotion on our website may be changed, removed or modified any time by Çırağan Palace Kempinski Hotel-Istanbul without prior notification, until the purchase contract is concluded.
2.2. A contract shall be deemed concluded only as soon as we have accepted your order by our declaration of acceptance or by delivering the vouchers/goods ordered.
2.3. We will save the contractual wording and send the order dates and our T&C to you per e-mail. The T&C can be viewed via the link https://www.kempinski.com/en/istanbul/ciragan-palace/online-voucher-shop/ at any time. Your order dates will not be accessible on the Internet anymore for security reasons.
2.4. The only languages available for concluding the contract are Turkish/English.
3. Right of Withdrawal
3.1. If you are a consumer (i.e., a natural person placing an order for a purpose that is not part of your commercial or professional freelance occupation), you are entitled to exercise the right of withdrawal within the scope of legally applicable regulations.
3.2. Should you make use of your right of withdrawal according to clause 3.1., the regular cost of return postage shall be borne by us.
3.3. Furthermore, those regulations shall apply to the right of withdrawal as they are set out in detail in the following.
Instruction on the Right of Withdrawal
Right of Withdrawal
You are entitled to withdraw from this contract within 14 days without giving any reasons.
The withdrawal period will expire after 14 days from the date on which you or a third party, other than the carrier and indicated by you acquires the material possession of the goods or in the case of a contract on several items, from the day on which you or a third party, other than the carrier and indicated by you has taken material possession of the last item of the goods, or in the case of a contract on providing services, from the signature date of the contract.
The withdrawal or return consignment of the vouchers/goods must be addressed to:
Çırağan Palace Hotel Kempinski-Istanbul
Address : Çırağan Cad. No: 32 Beşiktaş-Istanbul
E-mail : vouchershop.ciraganpalace@kempinski.com
Telephone: +90 212 326 46 46
For the purpose of exercising your right of withdrawal, you need to notify us by way of a clear declaration (e.g., by posting a letter, by fax or e-mail) of your decision of withdrawing this contract and you need to return us the goods unused, complete and non-damaged. You may use the template of form of the withdrawal, but it is not obligatory. If you make use of such option, we will immediately send you (e.g., by e-mail) a confirmation about the receipt of such withdrawal.
The vouchers/goods prepared in line with the customer’s request, clearly for personal needs and unavailable for return, and the goods such as underwear, swimwear, cosmetics, disposable products, the products with a risk of deterioration and the expiration date, non-returnable products due to health and hygiene issues, products mixed with other products and cannot be distilled, periodical publications such as newspaper and magazine, instantly and electronically performed services or instantly delivered intangible goods, audio and video recordings, books, digital content, software programs, data recorders and data storages, computer consumable materials cannot be subject to a withdrawal, in case the original package is opened, regarding the regulation. The right of withdrawal cannot be used in case the service providing has begun upon personal request of the customer in withdrawal period.
The products such as underwear, swimwear, cosmetics, books, copiable software and programs, DVD, VCD, CDs and consumable stationery materials can only be subject to withdrawal in case the original packages are not opened, damaged and used, regarding the regulation.
By accepting this T&C, you agree in advance that you have been informed of the right to withdraw.
Consequences of Withdrawal
If you withdraw from this contract, we shall repay to you – immediately and within 14 days at the latest from the day on which we have received your withdrawal of that contract – all payments received from you, including costs for postage (except additional costs resulting from the fact should you have chosen a way of postage other than the most reasonable one suggested by us). For making such payment, we will use the same mode of payment as was used by you in the original transaction, unless expressly otherwise agreed with you; in no case shall any respective re-transaction fees be charged to you. We may hold back return payment as long as we have not received the goods back.
You shall return or hand back the goods as unused, complete and non-damaged and -if sent- with the invoice (In case the customer is a corporation, return invoice must be sent) to us immediately and, in any case within 14 days at the latest, from the day when you notified us of your withdrawal of that contract. The time limit is deemed if you post the goods prior to the expiry of 14 days.
The immediate cost of return consignment shall be borne by you.
You shall be held liable for any depreciation in the value of the goods if such depreciation can be traced back to your inappropriate handling of the goods regarding their nature, features or functional mode.
End of the Instruction on the Right of Withdrawal
3.4. If you choose to withdraw the contract, you can fill in the following form and return it to us:
Template of Withdrawal form
To:
Çırağan Palace Hotel Kempinski-Istanbul| Çırağan Cad. No: 32 Beşiktaş-Istanbul,
I/we (*) hereby rescind the contract concluded by me/us (*) on the purchase of the
following goods (*)/on the rendering of the following services (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signed by the consumer(s) (only on hardcopy notification)
– Date
4. Prices, Shipping Costs and Terms of Payment
4.1. There is no cash disbursement for the purchased or ordered vouchers. If the consumption is less than the amount stated on the voucher, you will receive another voucher with the remaining amount.
4.2. Prices do not include value added tax (hereinafter called "V.A.T."), as the voucher itself represents a 100% credit. V.A.T. is only reflected in the actual calculation by the hotel. All other price in our online shop are gross prices inclusive of V.A.T.
4.3. Due to nature of the vouchers, all vouchers shall only be sent by digital confirmation and will not be subject to shipping, unless otherwise stated by the Hotel.
4.4. In case you withdraw the contract according to clause 3, you can claim refund of the costs you had paid for the dispatch (costs of sending) under the legal conditions.
4.5. The voucher is only valid upon receipt of the full payment made by you.
4.6. All vouchers are valid for one (1) year and must be redeemed within this period. The vouchers cannot be used after validity date.
4.7. All vouchers are bearer and the hotel cannot be held liable for the unauthorized use of vouchers.
4.8. Our invoices are due immediately. Payment shall be made by credit card (MasterCard, VISA or verified by VISA) or by encrypted immediate online transaction after the order has been completed.
4.9. You shall be held liable for any unauthorized use of your credit card by the third parties. If the hotel cannot receive the payment for the goods delivered to your address, due to unauthorized use of your credit card, you must return or hand back the goods to us or make the payment in full.
5. Delivery dates and deadlines
5.1. The term of delivery will be agreed individually or stated by us in acceptance of the order. Should this not be the case, the regular term of delivery is 30 days since formation of the contract. Please consider that because of customs regulations and long shipping ways the exact delivery date cannot be foreseen for deliveries abroad. The delivery will be effective at the address stated by you.
5.2. If we cannot meet the agreed delivery date for a reason for which we are not responsible (operational breakdown, strike, lock-out, power supply problems, our own supplies having been delayed or omitted especially in case of conclusion of a concrete covering transaction etc.), we will inform you of this immediately. In such case, you shall not be entitled to claim rescission. Except the Force Majeure, in case the delivery is not realized in ten days after the agreed delivery date, the right to claim rescission shall be valid.
5.3. If the delivery is not realized or the goods (voucher) cannot be supplied anymore by the Hotel due to Force Majeure, we shall inform you on the situation immediately. In such a case, you shall be entitled to cancel the purchase or to request an equivalent change for the goods (voucher). In case of a refund, we cannot be held liable for the delay caused by the bank.
5.4. Partial deliveries are permitted to the extent that they are reasonable for you.
5.5. The vouchers and the goods shall be delivered to the addresses given by you. We cannot be held liable for the delivery to unauthorized persons at these addresses.
5.6. The consumer will check the goods before receiving them and will not receive damaged or defective goods from the courier. The goods received by the customer will be deemed to be undamaged.
6. Retention of Title
6.1. The hotel retains title to the goods until all legitimate claims have been completely fulfilled.
6.2. For customers who are not consumers, the following provisions applies additionally: The re-selling of the vouchers/goods by any third party is strictly prohibited. In case of any detection of such re-selling, we are entitled to cancel the order/voucher unilaterally and without any compensation and prior notice. In such a case, the bearer of the voucher cannot claim any rights. The re-seller will have to indemnify all damages incurred by the Hotel, due to claims of the third parties.
7. Warranty Claims
7.1. For customers who are consumers the statutory provisions for warranty shall apply. In the event of claiming warranty, please contact the address as set out under clause 3.
7.2. For customers who are not consumers, the following provisions applies additionally: Your warranty are firstly limited to the right of reworking or replacement delivery after granting an appropriate period. In the event of failure, i.e. impossibility, impracticality, refusal or unreasonable delay in reworking delivered goods or delivering replacement goods, you shall be entitled to withdraw from the contract or reduce the purchase price appropriately. The period of warranty for defective goods supplied by us is 12 months from the passing of risk. This time limit does not apply to damage claims arising from injury to life, body or health or arising from intentional or grossly negligent breach of duty by us or our agents in contract. In such case the statutory provisions shall apply.
8. Liability
8.1. We are liable for any culpable breach of our essential contractual obligation in accordance with the statutory provisions. Essential contractual obligations (so called "cardinal obligations") are such obligations that need to be fulfilled for the contract to be properly performed. However, unless our conduct has been either grossly negligent or intentional, we shall be liable only for the typically accruing and foreseeable direct damages.
8.2. In all other cases we are liable if damages have been caused intentionally or grossly negligently by one of our statutory representatives or by a vicarious agent.
8.3. In the case of assumption of a guarantee or for damages arising from injury to life, body or health we are liable according with the statutory provisions.
8.4. Liability according to the law relating to product liability shall remain unaffected.
8.5. Otherwise claims against us for damages arising out of breaches of duty are excluded.
8.6. No liability will be accepted for late delivery in the post.
9. Data Protection
9.1. We collect, process and use your personal data, for the processing of your order, including your e-mail address when you reveal it to us. For checking the credit standing, we may use information (e.g., a so-called score value) from external service providers. Such information also includes information about your address. The personal data are subject to a computer-assisted processing and storage. The information will not be shared with third parties, except in case you clearly give consent.
9.2. Your security is top priority! Therefore security-relevant data like credit card number, bank code, bank account number, name and address will be transferred encrypted via SSL line. This ensures that no unauthorized person can access your data during the internet transmission. To ensure further security, we implement extra security measures in our voucher shop.
9.3. Your rights subject to the Law No. 6698 on Protection of Personal Data shall remain unaffected. Privacy and Explicit Consent Form can be viewed on our website at any time.
10. Dispute Resolution
The contract between the hotel and the customer shall be governed by the Laws of the Republic of Turkey and the authorities stated in the Law No. 6502 on Consumer Rights shall be authorized for disputes that may arise due to the implementation or interpretation of the contract.
11. Final clauses
11.1. The place of performance for the rights and duties of both contracting parties arising from legal transactions of any kind, as well as for payments in particular, is exclusively Istanbul. The same shall apply for persons who do not have their general place of jurisdiction in Turkey, or who have relocated abroad following the conclusion of the agreement, or regular place of residence is unknown at the same time of the action being filed.
11.2. The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions and continued existence of the contract. A reasonable regulation shall apply instead of the ineffective or impracticable provisions or shall fill the gap, which – as far as legally possible – is closest to that what the contractual parties wanted and would have wanted according to the sense and purpose of the contract, so far they had considered the point upon competition of the contract or with later inclusion of a provision. The same shall apply in case of a gap in this contract.
11.3. When you make the payment of the order placed on our website, it will be deemed that you have accepted all the terms and conditions of this contract and gave the necessary confirmation in electronic form.
