PARTIES This Agreement has been signed between the following parties under the following terms and conditions. A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract) B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract) NAME- Surname: ADDRESS: By accepting this contract, the BUYER agrees in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and the additional fees, if any, such as shipping fee, tax, and that he has been informed in this regard.
DEFINITIONS In the application and interpretation of this Agreement, the following terms shall have the meanings ascribed to them. MINISTER Minister of Customs and Trade, MINISTRY: Ministry of Customs and Trade, LAW: Law No. 6502 on Consumer Protection, REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188) SERVICE: The subject of all kinds of consumer transactions other than the provision of goods made or undertaken to be made for a fee or benefit, SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on account of the goods, BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes, SITE: The website belonging to the SELLER, ORDERER: A natural or legal person who requests a good or service through the SELLER's website, PARTIES: SELLER and BUYER, CONTRACT: This contract concluded between the SELLER and the BUYER, GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.
SUBJECT This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically through the SELLER's website. The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
SELLER INFORMATION Title Address Phone Fax Email
RECIPIENT INFORMATION Person to be delivered Delivery Address Phone Fax Email/username
ORDERING PERSON INFORMATION Name/Surname/Title Address Phone Fax Email/username
PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. The basic features (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are published on the website of the SELLER. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign. Valid until the date of the campaign.
7.2. The prices listed and advertised on the website are the selling price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below. Product DescriptionQuantityUnit PriceMid Total (including VAT) Shipping Amount Total : Payment Method and Plan Delivery Address Person to be Delivered Invoice Address Order Date Delivery Date Delivery Date Delivery Method
7.4. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.
7.4.Ürün sevkiyat masrafı olan kargo ücreti ALICI tarafından ödenecektir.
8. INVOICE INFORMATION Name/Surname/Title Address Phone Fax Email/user name Invoice delivery : The invoice will be delivered with the order to the invoice address during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic qualities of the product subject to the contract on the website of the SELLER, the sales price and the payment method and the delivery, and that he / she has given the necessary confirmation electronically. BUYER; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address that must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information, also accepts, declares and undertakes that it has obtained accurate and complete.
9.2. Each product subject to the contract is delivered to the BUYER or the person and / or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit consent before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill its contractual obligations in the event that it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date it learns about this situation, and that it will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he / she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if the price of the product subject to the contract is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product subject to the Contract to the BUYER or the person and / or organization at the address indicated by the BUYER, the BUYER agrees, declares and undertakes that the product subject to the Contract will be returned to the SELLER within 3 days at the expense of the SELLER.
9.8. The SELLER accepts, declares and undertakes that if the SELLER cannot deliver the product subject to the contract within the period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen and preventing and / or delaying the parties from fulfilling their obligations, it will notify the BUYER. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with its precedent, if any, and / or to postpone the delivery period until the preventive situation is eliminated. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in cash within 14 days for payments made by the BUYER in cash. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
9.10. The BUYER shall inspect the goods / services subject to the contract before receiving it; dents, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / service should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall be fully and exclusively binding on the BUYER.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for an illegal purpose, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the SELLER's website, links may be provided to other websites and/or other contents that are not under the SELLER's own control and/or owned and/or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally criminally and legally responsible for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is for the sale of goods, within 14 (fourteen) days from the date of delivery of the product to him or the person / organization at the address indicated by him, he may exercise his right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification, provided that he notifies the SELLER. In distance contracts for the provision of services, this period starts from the date the contract is signed. Before the expiration of the right of withdrawal period, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he / she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used within the framework of the provisions of "Products that cannot be used for the Right of Withdrawal" regulated in this contract. If this right is exercised, a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued.) b) Return form, c) The products to be returned must be delivered complete and undamaged together with the box, packaging, standard accessories, if any. d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days. e) If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. However, the BUYER is not responsible for the changes and deterioration caused by the proper use of the goods or the product within the right of withdrawal. f) In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED Products prepared according to the request or clearly tailored to the personal needs of the BUYER and not suitable for return, lower parts of underwear, swimsuits and bikini bottoms, makeup materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for return for health or hygiene reasons if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and sound or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned as per the Regulation. Additionally, the right of withdrawal cannot be exercised for services that have started with the consumer's approval before the right of withdrawal period ends, as per the Regulation. Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and tapes, and stationery consumables (toners, cartridges, ribbons, etc.) must be unopened, untested, unspoiled, and unused to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES In case the BUYER defaults on payment transactions made with a credit card, they agree, declare, and undertake that they will pay interest within the framework of the credit card agreement between the cardholder and the bank, and that they will be responsible to the bank. In this case, the relevant bank may take legal action; it may demand the costs and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER agrees, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13.COMPETENT COURT In disputes arising from this contract, complaints and objections will be submitted to the consumer arbitration committee or the consumer court at the consumer's place of residence or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows: Effective from 28/05/2014: a) For disputes with a value of less than 2,000.00 (two thousand) TL, applications will be made to the district consumer arbitration committees as per Article 68 of the Consumer Protection Law No. 6502; b) For disputes with a value of less than 3,000.00 (three thousand) TL, applications will be made to the provincial consumer arbitration committees; c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications will be made to the provincial consumer arbitration committees. This Agreement is made for commercial purposes.
14. ENFORCEMENT The BUYER is deemed to have accepted all the terms of this agreement upon making the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER on the site before the order is finalized. SELLER: BUYER: DATE:
