Shipping policy

Introduction:

This Distance Sales Contract outlines the terms and conditions governing purchases made from the "Noonmar" platform ("the Platform") by the customer ("the Buyer"). Clicking the "I Agree" button or its equivalent during checkout signifies the Buyer's acceptance of all terms and conditions contained herein, in addition to Noonmar's Privacy and Cookie Policy, Shipping and Returns Policy, and General Terms and Conditions published on the Platform, all of which constitute an integral part of this Contract. Please read this Contract and the aforementioned policies carefully before completing your purchase.

Parties to the Contract:

  • Seller: NOONMAR E COMMERCE LOJİSTİK ANONİM ŞİRKETİ
    • Tax ID: 6311359065
    • Registered Address: MAHMUTBEY MAH. HACI BOSTAN CAD. NO: 22 İÇ KAPI NO: 21 BAĞCILAR/ İSTANBUL
    • Email: order@noonmar.com
    • Phone Number: 00905374426747
  • Buyer: The customer making the purchase
    • Full Name: [Automatically generated upon order completion]
    • Address: [Automatically generated upon order completion]
    • Phone Number: [Automatically generated upon order completion]
    • Email: [Automatically generated upon order completion]

Order Details:

  • Order Number: [Automatically generated upon order completion]
  • Order Date: [Automatically generated upon order completion]
  • Purchased Products:
    • [Product Name 1] - [Quantity] - [Unit Price] - [Total]
    • [Product Name 2] - [Quantity] - [Unit Price] - [Total]
    • ...
  • Total Product Value: [Total value of products]
  • Shipping Fee: [Applicable shipping fee]
  • Total Amount Due: [Total amount including products and shipping]
  • Payment Method: [Automatically populated based on Buyer's selection]

 

Clause 1: Subject Matter of the Contract

The Seller undertakes to sell the products specified in the Order Details to the Buyer, and the Buyer undertakes to pay the agreed price for those products, in addition to shipping fees and any other applicable charges or taxes.

 

Clause 2: Price, Payment Methods, and Customs Duties

  1. Price: The price of each product is clearly displayed on the Platform. Prices include all applicable taxes unless otherwise stated and do not include shipping fees or customs duties.
  2. Payment Methods: Noonmar accepts various payment methods available on the Platform (e.g., credit/debit cards, bank transfers). Payment information provided by the Buyer must be valid, accurate, and up-to-date. All financial transactions are processed via secure third-party payment gateways, and Noonmar does not store the Buyer's sensitive credit card information.
  3. Customs Duties and Taxes: The Buyer acknowledges and agrees that they are responsible for paying any taxes, customs duties, customs clearance fees, or any other charges imposed by their country's authorities on imported shipments. These charges are beyond Noonmar's control and are not included in product prices or shipping fees. The Buyer is advised to check their country's import and customs laws before making a purchase.

 

Clause 3: Shipping and Delivery

  1. Shipping Areas: Noonmar ships to the areas specified in its Shipping and Returns Policy.
  2. Delivery Time: The Seller undertakes to deliver the products within the timeframe specified in the Shipping and Returns Policy, which commences from the order confirmation date. Orders are shipped as soon as they are prepared and arrive within 3–10 business days. If an order is not shipped within 15 days, Noonmar will automatically refund the full amount.
  3. Shipping Cost: The Buyer bears the shipping cost indicated in the Order Details.
  4. Address and Information: The Buyer is responsible for providing accurate and complete shipping information (name, address, phone number). Any errors or inaccuracies in this data may lead to delivery delays or loss of the shipment, for which Noonmar will not be held responsible.
  5. Damaged Shipments: If the Buyer receives a damaged shipment, they must immediately photograph the damage and contact Noonmar within 24 hours of receipt at shipping@noonmar.com with attached photos. Failure to report within the specified timeframe may affect the Buyer's right to compensation.

 

Clause 4: Returns, Exchanges, and Refunds

All returns, exchanges, and refund processes are subject to Noonmar's Shipping and Returns Policy, available on the Platform. The Buyer must review this policy carefully before completing a purchase.

  1. Cash on Delivery (COD) Orders: Not eligible for return or exchange.
  2. Prepaid Orders: The Buyer is entitled to request a return within 14 days of receipt only if there is a manufacturing defect or fault.
  3. Conditions for Returned Products: The product must be unused, undamaged, with all accessories, and in its original intact packaging. Beauty products must have their original seals, and apparel must have their tags.
  4. Returns Without Justification: The customer bears all shipping and transfer costs.
  5. Return Exceptions: Perishable foods (e.g., sweets), custom-made products, used or damaged products, products with missing accessories, evening and wedding dresses, and underwear are not eligible for return.
  6. Refunds: After product inspection (up to 3 business days), the refund will be processed within 7 to 30 business days from the approval date of the return, to the same account/card used for payment, and in USD or the local currency where available. Noonmar is not responsible for exchange rate differences incurred by the receiving bank.

 

Clause 5: Privacy, Data Protection, and Cookies

Noonmar is committed to protecting the Buyer's data privacy in accordance with the Platform's Privacy and Cookie Policy. The Buyer acknowledges that they have read, understood, and agreed to this policy, which complies with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA/CPRA), local data protection laws in Gulf countries (such as the Saudi Personal Data Protection System and the UAE Federal Law on Personal Data Protection), and Turkish Personal Data Protection Law No. 6698.

  1. Information Collected: Noonmar collects information directly provided by the Buyer (e.g., name, address, payment information), automatically collected information (e.g., IP address, browser type via cookies and tracking tools), and information from third parties (e.g., social media registration data).
  2. Use of Data: Data is used to provide services, operate the website, communicate with the Buyer, for marketing and advertising (with Buyer's consent), and for legal compliance and rights protection.
  3. Cookies and Tracking Tools: Noonmar uses essential and functional cookies, analytics and performance cookies (e.g., Google Analytics), advertising and marketing tracking tools (e.g., Meta Pixel, TikTok Pixel, Snapchat Pixel), and user experience optimization tools (Hotjar and Microsoft Clarity).
  4. Cookie Management: The Buyer has options to control cookies and tracking tools via cookie consent notices on the website, browser settings, or external opt-out tools for advertising tracking. Noonmar also respects the "Do Not Track" signal where possible.
  5. Data Sharing: Noonmar does not sell personal data to any third party. Data may be shared with service providers (e.g., shipping companies, payment processors), affiliated companies and partners, for legal and regulatory reasons, or with other parties with the Buyer's explicit consent.
  6. International Data Transfer: Data may be processed or stored outside the Buyer's country of residence, in compliance with necessary legal safeguards as per applicable laws (e.g., EU Standard Contractual Clauses, Turkish and Gulf laws requirements).
  7. Data Security: Noonmar implements appropriate technical and administrative security measures to protect personal data, such as encryption and system updates.

 

Clause 6: General Terms and Procedures

  1. Eligibility for Use: The Buyer must be of legal age of consent (usually 18 years or older) or use the Platform under the supervision of a parent or guardian.
  2. Account Responsibility: The Buyer is solely responsible for maintaining the confidentiality of their account information and password, and for all activities that occur1 under their account.
  3. Product Availability: All orders are subject to product availability and order price confirmation. In case a product is unavailable, the Buyer will be notified, offered alternative options, or issued a refund.
  4. Order Cancellation: The Buyer may cancel an order before it is shipped. Noonmar reserves the right to cancel any order due to reasons including product unavailability, pricing errors, or suspected fraud, with a full refund issued to the Buyer.
  5. Intellectual Property: All content on the Noonmar platform is the property of Noonmar or its content suppliers and is protected by intellectual property laws. It may not be used without prior written consent.
  6. Lawful Use of the Platform: The Buyer agrees to use the Platform only for lawful purposes. Any unauthorized, fraudulent, or harmful use is prohibited.
  7. Data Retention: Noonmar retains Buyer data only as long as necessary to fulfill the purposes for which it was collected or to comply with applicable legal and regulatory requirements, with procedures for secure disposal of information after the retention period expires.

 

Clause 7: Disclaimer and Limitation of Liability

  1. Disclaimer of Warranties: The Noonmar platform and its products are provided "as is" and "as available" without any warranties. Noonmar does not guarantee the Platform to be error-free or free from viruses.
  2. Limitation of Liability: To the maximum extent permitted by applicable law, Noonmar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill,2 arising from or in connection with your use3 or inability to use the Platform or any products or services purchased through it, even if Noonmar has been advised of the possibility of such damages. In any event, Noonmar's total liability to you for all claims related to these terms or your use of the Platform shall not exceed the amount you paid to Noonmar for the concerned products or services within the twelve (12) months preceding the event giving rise to the claim.
  3. Indemnification: You agree to indemnify and hold Noonmar, its affiliates, employees, and agents harmless from any claims, damages, losses, liabilities, or costs (including legal fees) arising from or related to: your use of the Platform or its services; your violation of these terms and conditions; your infringement of any third-party rights, including intellectual4 property or privacy rights; or any content you submit or post on the Platform.

 

Clause 8: User Rights

Noonmar is committed to facilitating the Buyer's exercise of their legal rights, which include, but are not limited to:

  • Right of Access: Requesting a copy of the personal data held by Noonmar.
  • Right to Rectification: Requesting correction of inaccurate or incomplete data.
  • Right to Erasure (Right to be Forgotten): Requesting deletion of personal data in cases stipulated by law.
  • Right to Object to Processing: Objecting to data processing for specific purposes, such as direct marketing.
  • Right to Restriction of Processing: Requesting restriction of data processing in certain cases.
  • Right to Data Portability: Obtaining personal data in a structured, commonly used, and machine-readable format.
  • Right to Withdraw Consent: Withdrawing consent to data processing at any time, when processing is based on consent.
  • Right not to be subject to Automated Decisions: Not to be subject to a decision based solely on automated processing (including profiling) which produces legal effects concerning you or significantly affects you (Noonmar does not currently engage in such processing).

To exercise any of these rights, please contact Noonmar using the contact information provided below.

 

Clause 9: Dispute Resolution and Governing Law

  1. Governing Law: This Contract shall be governed by and construed in accordance with the laws of the Republic of Turkey.
  2. Dispute Resolution: In the event of any dispute or disagreement between the Buyer and Noonmar regarding this Contract or the use of the Platform, the parties agree to first attempt to resolve the dispute amicably. If an amicable resolution is not reached, the dispute shall be referred to binding arbitration or the competent courts in Istanbul, Turkey, as permitted by local law and at Noonmar's discretion. The Buyer agrees to waive any right to a jury trial or participation in a class action lawsuit.

 

Clause 10: General Provisions

  1. Amendments: Noonmar reserves the right to amend this Contract and/or its associated policies at any time. Any updates will be published on the website, and the Buyer's continued use of the Platform after the publication of any updates constitutes their acceptance of the amended terms and conditions.
  2. Severability: If any provision of this Contract is deemed invalid or unenforceable by a court of competent jurisdiction, that provision shall be interpreted to reflect the parties' intent to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
  3. Entire Agreement: This Contract, along with the Privacy and Cookie Policy, Shipping and Returns Policy, and General Terms and Conditions of the Platform, constitutes the entire agreement between the Buyer and Noonmar regarding the use of the Platform.