TERMS OF USE

Last updated on December 29, 2023

Preamble

Welcome to hiccup.com

Lykiafashion Ltd. and Hiccup E-Ticaret A.S. provide website features and other products and services to you when you visit or shop at www.hiccup.com or our mobile applications or use software provided by us in connection with any of the foregoing.

Please see our Privacy Policy, our Cookie Policy to understand how we collect and process your personal information through our services. We provide our services and sells our products to you subject to the conditions set out on this page.

By accessing the Website and/or the App and/or using any information available therein, the User signifies his/her consent to be legally bound by these Terms of Use. With regard to Website as well as to the App, additional terms and conditions may apply and such additional terms and conditions shall prevail over these Terms of Use.

User may purchase goods and/or services as available on our Website or in our App, subject to the terms and conditions of the Distant Sales Agreement as available on the Website.

1. Definitions

The terms as used in these Terms of Use shall have the meaning as set out below:

  • Hiccup“ “we”, “us” and “ourselves” refers to Lykiafashion Ltd., incorporated in England & Wales with company number 14816361 and having its registered address at 46-54 High Street, Ingatestone, Essex, United Kingdom, CM4 9DW, and Hiccup E-Ticaret A.S., incorporated in Turkey with Central Registry System Number (MERSIS) 0462102584600001 and having its registered address at Maslak Mah. AOS 55. Sk. 42 Maslak B Blok Sitesi No: 4/542 Sariyer / Istanbul, Turkey, under the terms of use, whereas, they only refer to Hiccup E-Ticaret A.S. under the terms and conditions of the distance sales agreement.

  • Privacy Policy“ refers to text accessible through the Website and the App regulating Hiccup's general privacy policy with respect to personal data including the purpose and methods pertaining to the use of personal data provided by the Users and the Members through the Website and/or the App by Hiccup.

  • Cookie Policy“ refers to the text accessible through the Website and the App Hiccup's general policy with respect to the use of cookies.

  • Member“ refers to a User accepted by Hiccup as a Member of Hiccup.

  • My Account Page“ refers the page exclusive to the Member accessible only through the username and password created by the relevant Member including personal information and any other information requested from the Member based on application and enabling the Member to carry out certain transactions in order to be benefit from various applications and the Services available on the Website or in the App.

  • App“ refers to a mobile application can be used on mobile devices such as smartphones and tablets which is featuring basically the same options and functionalities as the Website.

  • Guest“ refers to a User registering for an individual purchase or transaction only.

  • Services“ refers to the applications provided by Hiccup in order to enable the Guests or Members to carry out the acts and transactions as defined in these Terms of Use.

  • User“ refers to any person accessing the Website or App.

  • Website“ refers to www.hiccup.com.

2. Registration and Membership

2.1.

Access to the Website or the App is free of charge and does not require registration. Purchases can be made either as a Guest or registering as a Member. With a guest registration, the User is only required to provide the information necessary for the individual purchase. With a registration as a Member, the User may provide additional information and generate his or her own membership account (“My Account Page”).


2.2.

The User wishing to become a Guest or a Member must be 18 years or over to enter into a contract with us by placing an order with us.


2.3.

When the User register an account on our Website or in our App, the User is affirming, and we rely on this affirmation, that the User is 18 years of age or older and capable of entering into a legally binding contract. Hiccup does not intend for individuals under the age of 18 ("minors") to access or use the Website and the App without the supervision of a parent or guardian who is 18 years of age or older. We trust parents and guardians to assess whether any content or items available on the Website or in the App are suitable for minors to view, access, or purchase. If the User is a minor, they may only use the Website or the App under the supervision of a parent or guardian. If the User is under 13 years of age, they may not make any submissions, even under the supervision of a parent or guardian.


2.4.

In order to gain a Guest or Member status, the User wishing to become a Guest or a Member is required to accept the terms and conditions as set out in these Terms of Use and provide any and all accurate and up-to-date information requested hereunder. The User who wants to sign-in or register to our Website or App shall provide e-mail-address and Hiccup will send a log-in link via e-mail.


2.5.

If the Website or the App may necessitate the creation of username and password, the Member shall be responsible for maintaining the confidentiality of his/her account, username, and password. The Member agrees to assume responsibility for all activities conducted under his/her account, username, or password.


2.6.

Hiccup shall review and accept the User's application. Applications may be accepted or rejected by Hiccup at its sole discretion. Hiccup has the right to accept or reject applications in its sole discretion. The status of Guest or Member is initiated upon completion of the acceptance process and notification thereof to the User, thereby granting the rights and obligations set forth under the Terms of Use and on the relevant sections of the Website or the App.


2.7.

The User commits to providing Hiccup with precise, up-to-date, and comprehensive information about themselves and their billing details as prompted during the registration process The User failing to provide accurate and up-to-date e-mail information within the registration process shall be personally liable for any damages that may arise in connection therewith.


2.8.

If the User suspects any unauthorized use of your account or a breach of security concerning the Website or the App, they should promptly notify Hiccup. It is not permissible to utilize someone else's account, username, or password, nor should the User attempt to gain unauthorized access to the Website or the App. The Member is not entitled to assign his/her membership or any rights or obligations arising therefrom partially or as a whole without prior written consent of Hiccup. Authorizing another individual to use their account, username, or password is also prohibited.


2.9.

In case of relevant changes to the information registered in the My Account Page, the Member shall be responsible for updating such information, including his/her account settings.


2.10.

Hiccup shall communicate with the Member through the e-mail address provided by the Member to Hiccup during registration. The Member is obligated to keep his/her e-mail address updated.


2.11.

The Member is entitled to terminate their membership status at any time through the "Request or delete data" section on the My Account Page. The Member may at any time delete their profiles in their My Account Page unless the relevant information is required for performing outstanding transactions or for other legal reasons, e.g. with regard to pending legal disputes between the Member and Hiccup and/or third parties.


2.12.

Hiccup reserves the right to at any time block the Member's access to his/her My Account Page and/or terminate the Membership and delete the My Account Page. This may apply in particular, if the Member is in breach of applicable laws, applicable contractual provisions, and/or Hiccup's guidelines or policies.


2.13.

Hiccup shall be entitled to disclose the Member’s information available to Hiccup with competent authorities upon demand and in accordance with the applicable legislation.

3. Limited License

3.1.

In relation to all content available on our Website or App, including, but not limited to, text, graphics, logos, and buttons, we grant the Users/Guests/Members a limited, revocable, and non-exclusive licence to access and make personal use of the Website or App. This limited licence does not include the right to:

  1. a) frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hiccup;
  2. b) interfere with or attempt to disrupt the smooth operation of the Website or the App;
  3. c) Compile, re-package, disseminate, or otherwise use data available on or extracted from the Website or the App, including product information and prices
  4. d) modify or download the Website or the App or its contents (except caching or as necessary to view content), reproducing, copying, or reselling the Website or the App, its content, or any part or derivative thereof;
  5. e) make any use of the Website or the App or its Content other than personal use;
  6. f) create any derivative work based upon either the Website/App or its Content;
  7. g) copy or download any user account information from the Website or the App for the benefit of any other individual or entity;
  8. h) to utilise Hiccup's logo or other proprietary graphics or trademarks as part of a link without obtaining express written permission;
  9. i) use any meta tags or any other "hidden text" utilising Hiccup's name or the Trade Marks; or
  10. j) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure;

3.2.

We also grant Users/Guests/Members a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Website or the App for personal, non-commercial use only. A website that links to our Website or the App:

  1. a) may link to, but not replicate, our Content;
  2. b) may not imply that we are endorsing such website or its services or products;
  3. c) may not misrepresent its relationship with us;
  4. d) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
  5. e) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
  6. f) may not use any Hiccup’s trade mark without express written permission; and
  7. g) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this clause 2 without prejudice to any other remedy provided by applicable law.

3.3.

The Users/Guests/Members are not permitted to utilize the Website or the App for any purpose that is illegal or against the rules outlined in these Terms of Use, or to solicit any unlawful activities or other actions that infringe upon the rights of "Hiccup" or any of its associated entities.


3.4.

Irrespective of any other provisions or constraints within these Terms of Use, the Users/Guests/Members are prohibited from utilizing the Website or the App to:

  1. a) transmit any information, data, text, images, files, links, or software through the Website or the App, except as part of their authorized use of the Website or the App or in response to specific requests for information made by us;
  2. b) introduce viruses, worms, Trojan horses, or any other malicious code to the Website or the App or any other computer or website;
  3. c) gain unauthorized access to any computer system;
  4. d) impersonate any other individual, including but not limited to, a registered user of the Website or the App or an employee of ours;
  5. e) intrude upon the privacy or violate the personal or proprietary rights (including intellectual property rights) of any individual or entity;
  6. f) falsify your identity as a user or use a fake email address;
  7. g) meddle with or gain access to the Platform or any of its components;
  8. h) engage in fraudulent activities;
  9. i) Collect or harvest information about other users of the Website or the App for any reason, including, but not limited to, sending unsolicited commercial emails.

3.5.

Any unauthorized use of the Website or the App or any part thereof on Users/Guests/Members' behalf or through their actions will result in the termination of any license or permission granted to Users/Guests/Members by "Hiccup". Furthermore, if any of Users/Guests/Members' actions result in losses to "Hiccup", "Hiccup" expressly reserves the right to seek damages and/or pursue other legal remedies.

4. Copyright, Database Rights, Trademarks and Other Intellectual Property Rights

3.1.

All content included in or made available through the Website and/or the App, such as e.g. text, graphics, logos, icons, images, audio or video clips, digital downloads and data compilations is the sole property of Hiccup or its suppliers and is protected by local and international copyright, authors' rights, database right laws and other applicable IP law. The compilation of all content included in the Website and/or the App is the exclusive property of Hiccup and is protected by copyright and database right law.


4.2.

Graphics, logos, page headers, icons, scripts, and service names included in or made available through the Website and/or the Mobile Application, in particular those pertaining to the “Hiccup” name, “Hiccup” logos and “Hiccup” domains are trademarks or trade dress of Hiccup. Hiccup's trademarks and trade dress may not be used in connection with any product or service that is not from Hiccup, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Hiccup. All other trademarks not owned by Hiccup are the property of their respective owners.


4.3.

The Users/Guests/Members are not entitled to use, share, transmit, display, reproduce and derive other works from the intellectual property rights held by Hiccup or its affiliated companies without prior written consent. The Users/Guests/ Members are not entitled to use all or part of the Website and/or the App in other media without Hiccup's written consent. The Users/Guests/Members shall be obligated to compensate any direct and indirect damages and expenses incurred by Hiccup and/or the relevant third party in case he/she acts in violation of the intellectual property rights of third parties or Hiccup.

5. Submission of Reviews and Additional User Content

5.1.

In areas permitted on the Website or the App, the User/Guest/Member may present evaluations, posts, insights, competition submissions, and other materials to this location, or they may proffer or unveil concepts or additional resources to the realm of Hiccup (each of these presentations, offerings, or disclosures referred to as a "User Generated Content"). If the User/Guest/Member opts to provide such materials, they concur not to use an untrue email address, simulate the identity of another person or entity, or in any way deceive any Hiccup party or any application user as to the source of said materials.


5.2.

The User/Guest/Member consents, represents, and assures that any User Generated Content offered by themselves will be precise and will not transgress these Terms of Use, any relevant laws or regulations, or any privileges of any third party, inclusive of but not restricted to copyright, trademark, privacy, or other individual or proprietary privileges, and will not inflict harm upon any person or entity.


5.3.

The User/Guest/Member shall be solely responsible for any and all content generated by User/Guest/Member and communicated through the Website and/or the App. In particular, the User/Guest/Member agrees, declares and undertakes that none of their User Generated Content will be or contain illegal, obscene, fictitious, deceptive, menacing, offensive, discriminatory, prejudiced, aggressive, sexually explicit, pornographic, indecent, abusive, obscene, or involve software viruses, political campaigns, commercial content, polls, studies, or other appeals, massive correspondences, chain letters, advertising, business propositions, extensive mailings, or any semblance of "junk mail".


5.4.

The User/Guest/Member grants to Hiccup regarding User Generated Content, a non-exclusive, transferable, royalty-free, worldwide, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, make available, store and archive such User Generated Content throughout the world in any media and by using any kind of technology. Moreover, the User/Guest/Member (i) grants permission for the use and publication of their name, image, and other private information, as long as they have been submitted by them in connection with their User Generated Content; and (2) offering a non-restricted license to every user of the Website or the App, enabling them to access their User Generated Content via the Website or the App and to tag, rate, review, comment on, utilize, replicate, distribute, exhibit, and enact said User Generated Content within the confines of the Website or the App functionalities.


5.5.

The User/Guest/Member agrees that the rights granted above are irrevocable during the entire period of protection of the intellectual property rights associated with such User Generated Content. To the extent permitted by law, the User/Guest/Member agrees to waive his/her right to be identified as the author of such User Generated Content and his/her right to object to derogatory treatment of such User Generated Content. The User/Guest/Member agrees to perform all further acts necessary to perfect any of the above rights granted to Hiccup at Hiccup's request.


5.6.

The User/Guest/Member agrees to indemnify Hiccup for all claims brought by a third party against Hiccup arising out of or in connection with the User Generated Content except to the extent that any liability arises from Hiccup's failure to timely and properly remove the User Generated Content after being notified of the illegal nature of the content.


5.7.

Hiccup reserves the right to at any time block or remove User Generated Content in its sole discretion. This applies in particular, if Hiccup deems User Generated Content to be illegal, infringing third party rights or to be violating these Terms of Use.


5.8.

User Generated Content includes facts and/or opinions the User/Guest/Member is personally responsible for. Hiccup does not monitor and review User Generated Content and does not adopt such facts or opinions as Hiccup's own.


5.9.

Hiccup is under no obligation, including but not limited to: (i) keeping any User Generated Content in confidentiality; (ii) treating any User Generated Content or the concepts therein as proprietary; (iii) remunerating you or any individual or entity for Contributions; or (iv) employing, returning, or reacting to any User Generated Content.

6. Communications

6.1.

Hiccup will send electronic communications (e.g. e-mails, e-newsletters) to the Users, Guests and Members only after obtaining their consent. This shall not apply to communications which are permitted by applicable law or in regard of which Hiccup has a legal obligation under contract and/or applicable law, e.g. information regarding the Member's My Account Page. For contractual purposes, the User/Guest/Member may consent to receive communications from Hiccup electronically and may agree that all agreements, notices, disclosures and other communications that he/she is provided with electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.


6.2.

The Users, Guests and Members may at any time object to receiving further e-mails by using the respective option (unsubscribe) included within the footer of each e-mail without being charged.

7. Sweepstakes, Contests, and Promotions

7.1.

Any sweepstakes, contests, or similar promotions offered through the Website or the App will be governed by specific rules separate from these Terms of Use. However, unless the separate rules state otherwise, all information submitted in connection with a sweepstakes, contest, or similar promotion will be treated as submissions and will be subject to the associated terms. By participating in any such sweepstakes, contest, or promotion, the Users, Guests and Members agree to abide by those rules, which may differ from the terms and conditions outlined here and may include eligibility criteria such as age or geographical restrictions.

8. Third-Party Links

7.1.

The Website may include links to other websites. The parties associated with Hiccup are not responsible for examining or evaluating these websites, and they do not guarantee the offerings of the businesses or individuals behind these websites or the content they contain. No party associated with Hiccup assumes any responsibility or liability for the actions, products, or content of these third-party websites. The Users should carefully review the privacy policies and terms of use presented on these websites.

9. Third-Party Websites and Applications

9.1.

Within the Website or the App, the Users may encounter links, hypertext references, login interfaces, and connections to third-party websites and applications (referred to as "Applications" hereafter). These Applications may be owned or operated by entities unrelated to or unaffiliated with Hiccup. They are provided solely for convenience of the Users, Guests and Members, and Hiccup does not assume responsibility for, nor does it endorse, the content of these Applications or their operators. It is responsibility of the Users, Guests and Members to independently evaluate their interactions with these Applications.


9.2.

The Users, Guests and Members have the option, at their sole discretion and risk, to use an Application, and such an Application may interact with, connect to, or access information from their Hiccup account. By using Applications, the Users, Guests and Members acknowledge and agree to the following:

  1. a) If the Users, Guests and Members utilize an Application to share information about themselves or their activities on the Website or the App or related to their Hiccup account, they consent to the sharing of such information.
  2. b) Use of an Application of the Users, Guests and Members may result in the disclosure of personally identifying information, even if Hiccup has not provided such information.
  3. c) Use of an Application of the Users, Guests and Members is entirely optional and at their own risk. The Users, Guests and Members hold Hiccup harmless from any sharing of information about themselves or their activities on the Website or in the App that arises from their use of an Application.

9.3.

Furthermore, use of each Application of the Users, Guests and Members is governed by its respective end-user license agreement, terms of use, privacy policy, and any other documents or materials specified by the Application provider. If the Users, Guests and Members revoke an Application's access to your Hiccup account, information shared prior to revocation may remain visible within, or continue to be used by, the Application according to its policies. The performance of any Application and the use of information shared with any Application are not the responsibility of Hiccup.


9.4.

Should the Users, Guests and Members have any inquiries, concerns, complaints, or claims regarding these Applications, they should direct them to the support or contact personnel of the respective Application, rather than contacting Hiccup.

10. User Privacy and Data Security

10.1.

Please review Hiccup's Privacy Policy and Cookie Policy, which also governs the User's visit to and usage of the Website and the App, to understand Hiccup's practices regarding the use and handling of the User's information.


10.2.

The User acknowledges and agrees that the Website is a public platform, and their participation on the Website or the App and any content they submit do not create any expectation of privacy. Furthermore, they understand that any personal information they provide on the Website or the App may be visible to and used by others. No party associated with Hiccup is responsible for the information the Users or others choose to share on the Website or the App, nor for their actions or the actions of other users. Hiccup or its authorized agents may remove or modify any information, content, or submissions posted or disclosed on the Website or the App at any time and for any reason.


10.3.

If the User decides to make any of their personally identifiable information or other details publicly available as a submission or through the Website or the App in any other way, they do so at their own risk.

11. Modifications to the Website and/or the Mobile Application

11.1.

Hiccup reserves the right to at any time modify, block, deactivate or delete the Website and/or the App or any parts thereof without giving prior notice, e.g. in cases where such measure is necessary to ensure compliance with an order issued by a court or a competent authority or with applicable laws and regulations or when required for technical or security reasons.

12. Amendments of the Terms of Use and Other Sets of Rules

12.1.

Hiccup is entitled to unilaterally amend these Terms of Use, the Distant Sales Agreement, the Privacy Policy, Cookie Policy and any other set of rules or text of legal relevance at its sole discretion and as it sees fit in accordance with the provisions under the applicable legislation by publishing such amendment on the Website and the App. Amended provisions shall be valid as of their announcement date and the remaining provisions shall remain intact and continue to be effective. The continued use of the Website and/or the App shall mean that the User accepts such amendments.

13. Force Majeure

13.1.

Hiccup will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control.


13.2.

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. a) strikes, lock-outs or other industrial action;
  2. b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. e) impossibility of the use of public or private telecommunications networks;
  6. f) the acts, decrees, legislation, regulations or restrictions of any government; and
  7. g) pandemic or epidemic.

13.3.

Hiccup's performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. Hiccup will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

14. Limitation of Liability

14.1.

Hiccup will do our utmost to ensure that availability of the Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, the Users/Guests/Members access to our Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Hiccup will attempt to limit the frequency and duration of any such suspension or restriction.


14.2.

Hiccup will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Services.


14.3.

Hiccup will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect the User's/Guest's/Member's legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.


14.4.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to User/Guest/Member and User/Guest/Member might have additional rights.


14.5.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

15. Indemnification

15.1.

As a condition of use of this Website or the App, the Users/Guests/Members agree to indemnify Hiccup from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from their use of this Website or the App and any content available on the Website or the App. This also includes any breaches of these Terms of Use, covenants, warranties, representations, or agreements outlined herein and/or any submissions made by you or any user of your accounts.

16. Termination of Access

16.1.

The User/Guest/Member acknowledges that Hiccup may, at its sole discretion and without prior notice to the User/Guest/Member, terminate or suspend their access to the entire Website or App or any portion thereof, as well as your App account, for any reason, including, but not limited to:

  1. a) attempts to gain unauthorized access to the Platform or aiding others in such attempts;
  2. b) endeavours to bypass software security features that restrict the use of or safeguard any content available on the Website or the App;
  3. c) discontinuation or substantial modification of the Website or the App or any service offered on or through the Website or the App;
  4. d) violations of these Terms of Use or applicable laws;
  5. e) failure to make payments for purchases;
  6. f) suspected or confirmed instances of copyright or trademark infringement;
  7. g) unforeseen operational complications; and
  8. h) Requests from law enforcement or other government agencies.

16.2.

The User/Guest/Member agrees that neither Hiccup, any of its affiliates, nor any of their respective employees, officers, directors, shareholders, agents, and representatives shall be held liable to the User/Guest/Member or any third party for the termination of User's/Guest's/Member's access to the Website or the App.

17. Miscellaneous

17.1.

The laws of the Republic of Turkey shall apply exclusively to any disputes arising out of or in connection with these Terms of Use and/or the use of the Website and/or the Mobile Application and any purchases made through the Website and/or the Mobile Application, regardless of the legal grounds, to the exclusion of any conflict of law provisions which refer to another jurisdiction. The UN Convention on Contracts for the International Sale of Goods shall not apply.


17.2.

No delay or failure to take action under these Terms of Use will be interpreted as a waiver by Hiccup of any provision contained within these Terms of Use or shall prevent the future exercise or performance of such right.


17.3.

In the event that any of these terms or conditions are considered invalid, void, or unenforceable for any reason, that specific provision shall be deemed separate and will not affect the validity and enforceability of the remaining portions of these Terms of Use.

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