1.PARTIES
This Agreement has been signed between the following parties under the following terms and conditions.
‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
FULL NAME:
ADDRESS:
‘SELLER’; (hereinafter referred to as “SELLER” in the contract)
FULL NAME:
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 fees and taxes, and that he has been informed in this regard.
2.DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall have the meanings ascribed to them.
MINISTER : The Minister of Customs and Trade,
MINISTRY : Ministry of Customs and Trade,
LAW : Law No. 6502 on the Protection of Consumers,
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 promised to be made in return 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 behalf of the consumer,
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 of the SELLER,
ORDER GIVER: 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 movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.
3.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 Consumers 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
Telephone
Fax
Email
- BUYER INFORMATION
Person to be delivered to
Delivery Address
Telephone
Fax
Email/username
- INFORMATION OF THE PERSON PLACING THE ORDER
Name/Surname/Title
Address
Telephone
Fax
Email/username
- PRODUCT(S) SUBJECT TO THE CONTRACT
- 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 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.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Interim Total
(VAT Included)
Shipping Amount
Total :
Payment Method and Plan Delivery Address Delivery Address Deliveree 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.
- INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: Invoice is delivered to the invoice address together with the order during order delivery.
will be delivered.
GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER 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 the correct and complete information.
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 caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER before the expiration of the performance obligation arising from the contract and obtaining its explicit approval.
9.5. If the SELLER cannot fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning of 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 for any reason the price of the product subject to the contract is not paid 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 SELLER’s expense.
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. In the 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, telephone 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. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
9.11. In cases where the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, the credit card statement from the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder. The order will be frozen until the requested information/documents are provided by the BUYER, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate, and that any damages the SELLER may incur due to the inaccuracy of this information will be compensated by the BUYER immediately, in cash and in full, upon the first notification by the SELLER.
9.13. The BUYER agrees and undertakes in advance to comply with the legal regulations while using the SELLER’s website and not to violate these regulations. Otherwise, all legal and penal liabilities will rest solely and exclusively on the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an unlawful purpose, or in a manner that infringes upon the material and moral rights of others. Additionally, the member may not engage in any activity that prevents or makes it difficult for others to use the services (such as spam, viruses, trojan horses, etc.).
9.15. Links may be provided through the SELLER’s website to other websites and/or content owned and/or operated by third parties not under the control of the SELLER. These links are placed for the convenience of the BUYER and do not constitute any endorsement of the linked website or the person operating that website. The SELLER does not provide any guarantees regarding the information contained on the linked website.
9.16. A member who violates any of the provisions listed in this agreement shall be personally responsible, both criminally and legally, for the consequences of the violation and shall keep the SELLER free from the legal and penal results of such violations. Furthermore, if the incident is brought to the legal domain due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal from the contract within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address indicated by the BUYER, without any legal or penal responsibility and without giving any reason, by notifying the SELLER. For distance contracts related to the provision of services, this period starts from the date the contract is signed. In service contracts where the service begins with the consumer’s approval before the withdrawal period expires, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER agrees in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14-day period, and the product must not have been used in accordance with the “Non-Returnable Products” provisions set out in this contract. In the event that this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER (If the product to be returned was invoiced to a company, it must be returned with the return invoice issued by the company. Returns of orders invoiced to institutions cannot be completed without the issuance of a RETURN INVOICE.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, along with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and return any documents that impose a liability on the BUYER within 10 days of receiving the withdrawal notification, and to accept the return of the goods within 20 days.
e) If there is a decrease in the value of the goods or if the return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages at the rate of their fault. However, the BUYER shall not be held responsible for changes or deterioration that occur due to the proper use of the goods or products within the withdrawal period.
f) If, due to the exercise of the right of withdrawal, the campaign limit amount set by the SELLER is exceeded, the discount amount utilized under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for goods that are prepared in line with the BUYER’s request or explicit personal needs, goods that are not suitable for return due to their nature, underwear bottoms, swimsuits, and bikini bottoms, makeup products, disposable products, goods that are in danger of spoiling quickly or that may expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, periodicals such as newspapers and magazines other than those provided under the subscription agreement, services that are instantly performed in electronic environments or intangible goods instantly delivered to the consumer, and goods that are not eligible for return due to regulations if their packaging has been opened by the BUYER, including sound or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables. Additionally, the right of withdrawal cannot be exercised for services that have started with the consumer’s approval before the withdrawal period has expired.
Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and tapes, and stationery consumables (toners, cartridges, ribbons, etc.) must be unopened, untested, undamaged, and unused to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on the payment process made by credit card, they agree, declare, and undertake that they will pay interest within the framework of the credit card agreement with the card-issuing bank and that they will be liable to the bank. In such a case, the relevant bank may resort to legal means; it may demand the costs and attorney fees from the BUYER, and under all circumstances, if the BUYER defaults due to their debt, the BUYER agrees, declares, and undertakes that they will compensate the SELLER’s losses and damages due to the delayed performance of the debt.
13. COMPETENT COURT
In the event of any disputes arising from this contract, complaints and objections will be submitted to the consumer arbitration committee or consumer court at the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below:
As of 28/05/2014:
a) Disputes with a value below 2,000.00 (two thousand) TL will be submitted to the district consumer arbitration committees, pursuant to Article 68 of the Consumer Protection Law No. 6502,
b) Disputes with a value below 3,000.00 (three thousand) TL will be submitted to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL will be submitted to the provincial consumer arbitration committees.
This contract is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes a payment for the order placed through the Site, they are deemed to have accepted all the terms of this contract. The SELLER is responsible for making the necessary software arrangements to ensure that the BUYER reads and accepts this contract on the site before the order is fulfilled.
SELLER:
BUYER:
DATE:
