Terms & Conditions

Website terms

(a) These terms and conditions govern your use of this website and the service and the products provided by Palette Couture. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or the service or the products provided by Palette Couture.

(b) Palette Couture cannot accept any liability for a failure to comply with specific instructions stated on this website. This statement does not affect your statutory rights.

Terms of Use

(a) All information and materials and its content on the pages of this website are provided on an “as is” basis for your general information and use and are not intended in any way to be comprehensive. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

(b) Use of this website is governed by the following terms and conditions of use, which together with our privacy policy and disclaimer govern our relationship with you in relation to the use of this website. We reserve the right to vary these terms without notice at any time. If you disagree with any part of these terms and conditions please cease to use our website.

(c) We use cookies on this website to identify which pages on this website are being used. Please refer to our privacy policy for more detailed information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. By continuing to use this website you are giving your express consent to accept the use of cookies.

(d) Your use of this website is entirely at you own risk and without liability to us. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

(e) Your use of this website and any dispute arising out of such use of the website is subject to the laws of Turkey & England. Access is granted on condition that you accept all of the above and agree to the jurisdiction of the English courts to settle matters in relation to the website.

Copyright

(a) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions

(b) Unauthorized use of any material on this website that violates any of the conditions or any relevant copyright, trademark and other laws could result in legal proceedings.

Links

(a) From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Disclaimer

(a) While every effort will be made to keep this website accurate and up-to-date, no warranty of any kind, implied, expressed or statutory, including but not limited to any warranties of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose is given in conjunction with this website, or any information and materials within it.

Definitions

“Business Day” a day other than a Saturday Half day and Sunday or public holiday in Turkey, when banks in Istanbul are open for business.

“Business Hours” the period from [8.00 am to 6.00 pm] on any Business Day.

“Conditions” the terms and conditions set out in this document as amended from time to time in accordance with clause ‎12.3.

“Contract” the contract between the Supplier and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

“Customer” the person or firm who purchases the Goods from the Supplier.

“Delivery Location” has the meaning given in clause ‎5.2.

“Force Major Event” an event, circumstance or cause beyond a party’s reasonable control.

“Goods” the goods (or any part of them) set out in the Order.

“Order” the Customer’s order for the Goods, as set out in the Customer’s purchase order form.

“Specification” any specification for the Goods, including any related plans and drawings, that is agreed in writing by the Customer and the Supplier.

“Supplier” The Palette Couture (company number +905541154533).

“Website” https://www.palettecouture.com

1.2 – Interpretation

1.2.1 – A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2 – A reference to a party includes its successors and permitted assigns.

1.2.3 – A reference to legislation or a legislative provision is a reference to it as amended or re-enacted. A reference to legislation or a legislative provision includes all subordinate legislation made under that legislation or legislative provision.

1.2.4 – Any words following the terms including, include, in particular, for example or any similar expression shall be interpreted as illustrative and shall not limit the sense of the words preceding those terms.

1.2.5 – A reference to writing or written excludes fax but not email.

Other Gathered Information

Palette Couture uses independent measurement and research companies who gather non-personal data regarding the visitors to our website on our behalf using cookies and code. Both the cookies and the embedded code provide non-personal statistical information about visits to pages on the website, the duration of individual page view, paths taken by visitors through the website, data on visitors’ screen, settings and other general information. Palette Couture uses this type of information, as with that obtained from other cookies used on the website, to help it improve the services to its users.

Goods

3.1 – The images of the Goods on the Suppliers Website are for illustrative purposes only. Although the Supplier has made every effort to display the colors accurately, it cannot guarantee that the Customer’s computer’s display of the colors accurately reflects the color of the Goods. The color of the Customer’s Goods may vary slightly from those images. 

3.2 – Color match Pantone/color references must be provided for Goods which require print, embroidery and garment color matching. Colors exchanged during correspondence are only as accurate as the virtual design process allows and will vary with your display settings, software and environmental light etc. Color matching via an image rather than a Pantone reference cannot be guaranteed. Due to the nature of mixing inks, the variance in color between wet and dry phases of printing, environmental factors and color conversion, the Supplier does not guarantee a perfect match.

3.3 – Although the Supplier has made every effort to be as accurate as possible, because the Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated within an Order are estimates only and no guarantee can be provided that they will be achieved. 

3.4 – The packaging of your Goods may vary from that shown on images on our site.

3.5 – To the extent that the Goods are to be manufactured in accordance with a Specification supplied by the Customer, the Customer shall indemnify the Supplier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Supplier in connection with any claim made against the Supplier for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Supplier’s use of the Specification. This clause ‎3.3 shall survive termination of the Contract.

3.6 – The Customer shall provide such necessary information for the manufacture of the Goods in accordance with the Specification as the Supplier may reasonably request.

3.7 – The Supplier reserves the right to amend the Specification if required by any applicable statutory or regulatory requirement.

 
 

Quality

4.1 – The Supplier warrants that on delivery, the Goods shall:

4.1.1 – Confirm in all material respects with their description and any applicable Specification (subject to clause ‎4)

4.1.2 – be free from material defects in material and workmanship; and

4.1.3 – Be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).

4.2.1 – The Customer gives notice in writing to the Supplier within 20 days of delivery that some or all of the Goods do not comply with the warranty set out in clause.

4.2.2 – the Supplier is given a reasonable opportunity of examining such Goods; 

4.2.3 – the Customer replies in a timely manner to the reasonable requests and enquiries raised by the Supplier in respect of such Goods.

4.2.4 – the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier’s place of business at the Customer’s cost,

the Supplier shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

4.3 – The Supplier shall not be liable for the Goods’ failure to comply with the warranty set out in clause.

4.3.1 – the Customer makes any further use of such Goods after giving notice in accordance with clause ‎6.2;

4.3.2 – the defect arises because the Customer failed to follow the Supplier’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

4.3.3 – the defect arises as a result of the Supplier following any drawing, design or specification supplied by the Customer;

4.3.4 – The Customer alters, amends, customizes or repairs such Goods without the written consent of the Supplier;

4.3.5 – The defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions.

4.3.6 – The Goods differ from their description or the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

4.3.7 – We will not be held liable for any errors in matching color, or loss of earnings in matching color, nor will we refund goods based on color matching.

4.4 – Except as provided in this clause ‎4, the Supplier shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause ‎4.1.

4.5 – The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

4.6 – These Conditions shall apply to any repaired or replacement Goods supplied by the Supplier.

Price and Payment

5.1 – The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Supplier’s published price list in force as at the date of delivery.

5.2 – The Supplier may, by giving notice to the Customer at any time up to 5 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

5.2.1 – any factor beyond the Supplier’s control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials and other manufacturing costs)

5.2.2 – any request by the Customer to change the delivery date(s), quantities or types of Goods ordered, or the Specification.

5.2.3 – any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate or accurate information or instructions.

5.3 – The price of the Goods.

5.3.1 – excludes amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate, subject to the receipt of a valid VAT invoice; and

5.3.2 – excludes the costs and charges of packaging, insurance and transport of the Goods, which shall be invoiced to the Customer; and

5.3.3 – Excludes the costs of any such import or export duties and taxes which will be the responsibility of the Customer.

5.4 – The Supplier shall invoice the Customer for the Goods on or at any time after its acceptance of the Order, the Supplier shall not dispatch any Goods until it has received payment if full for the Goods.

5.5 – The Customer shall pay each invoice submitted by the Supplier.

5.5.1 – in accordance with the terms agreed in the sales order, or, any credit terms agreed by the Supplier and confirmed in writing to the Customer.

5.5.2 – In full and in cleared funds to a bank account nominated in writing by the Supplier, and time for payment shall be of the essence of the Contract, the Supplier shall not manufacture, produce or dispatch any Goods until payment has been received in full.

5.6 – All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

5.7 – Any deposit paid by the Customer to the Supplier in connection with the commencement of work shall be strictly non-refundable under any circumstances.

5.8.1 – The Customer acknowledges and agrees that the deposit is required to secure the Supplier’s commitment of resources and to cover the preliminary costs incurred in the early stages of the project. Such costs may include, but are not limited to, fabric sourcing, production planning, development and consultancy fees, pattern drafting, technical design work, and preparation of samples.

5.8.2 – The Customer further acknowledges that these preparatory activities involve substantial time, labour, and expense on the part of the Supplier, and that the deposit is non-refundable even if the Customer subsequently chooses not to proceed with the production following the development or sampling stage.