1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions stated below.
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‘BUYER’ ; (hereinafter referred to as "BUYER" in the contract)
NAME-SURNAME:
ADDRESS:
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‘SELLER’ ; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to the contract, they will be obliged to pay the price of the order and any additional fees such as shipping costs, taxes, etc., if any, and that they have been informed about this.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW : Law No. 6502 on Consumer Protection,
REGULATION : Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE : The subject of all types of consumer transactions other than providing goods, performed or committed to be performed 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 or account of the company offering the goods,
BUYER : The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE : The SELLER's website,
ORDERING PARTY: The real or legal person who requests a good or service through the SELLER's website,
PARTIES : The SELLER and the BUYER,
AGREEMENT : This agreement concluded between the SELLER and the BUYER,
GOODS : Refers to movable property subject to trade and intangible goods such as software, sound, image and similar materials prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics 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 sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
Email
5. BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
1. The basic features of the good/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price of the good or service subject to the contract, including all taxes, is shown below.
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Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the product shipping expense, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during product delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price and payment method of the product subject to the contract and delivery on the SELLER's website, and has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information regarding the address to be given by the SELLER to the BUYER before the conclusion of the distance sales contract, the basic features of the ordered products, the prices of the products including taxes, and payment and delivery 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 place of residence, provided that it does not exceed the legal period of 30 days. In the event that 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 completely, in accordance with the specifications stated in the order, and with warranty certificates, user manuals, and necessary information and documents, if any, free from all defects, in a solid, standard-compliant manner in accordance with legal regulations, to perform the work based on principles of accuracy and honesty, to maintain and improve service quality, to exercise necessary care and diligence during performance, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of their performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes that if they cannot fulfill their contractual obligations due to the impossibility of fulfilling the product or service subject to the order, they will notify the consumer in writing within 3 days from the date they learn of this situation, and will refund the total amount to the BUYER within 7 days.
9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and that in the event that the price of the product subject to the contract is not paid and/or cancelled in bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will terminate.
9.7. The BUYER accepts, declares and undertakes that if, 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 product price is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs belonging to the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered within the period due to force majeure events such as unforeseeable circumstances beyond the control of the parties, which prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with an equivalent one if available, and/or the postponement of the delivery period until the hindering situation is removed. In the event that the order is cancelled by the BUYER, for payments made by the BUYER in cash, the product amount is paid back in cash and in full within 7 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after it is refunded to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means, using the address, e-mail address, fixed and mobile phone lines and other contact information provided by the BUYER in the registration form on the site or updated by them later. The BUYER, by accepting this contract, acknowledges and declares that the SELLER may engage in the communication activities mentioned above directed at them.
9.10. The BUYER shall inspect the goods/services before receiving them; they shall not accept damaged or defective goods/services such as those that are crushed, broken, or have torn packaging from the shipping company. It will be assumed that the received goods/services are undamaged and sound. After delivery, the responsibility for carefully preserving the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services 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 related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit identity and contact information of the credit card holder, the credit card statement for the previous month, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met 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 when registering on the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for any damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom will belong entirely and exclusively to the BUYER.
9.14. The BUYER may not use the SELLER's website in a manner that disturbs public order, is contrary to general morals, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, members cannot engage in activities (spam, viruses, trojans, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content not under the SELLER's control and/or owned and/or operated by other third parties may be provided through the SELLER's website. These links are provided to facilitate navigation for the BUYER and do not imply endorsement of any website or the person operating that site, and do not constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the articles listed in this agreement shall be personally responsible criminally and legally for this violation, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition; in the event that the incident is brought to the legal sphere due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER, in the case of a distance contract regarding the sale of goods, may exercise their right of withdrawal from the contract by rejecting the goods within 7 (seven) days from the date of delivery of the product to themselves or the person/organization at the address they indicated, provided that they notify the SELLER, without incurring any legal or criminal liability and without stating any reason. In distance contracts for the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the consumer's consent before the right of withdrawal period expires. Expenses arising from the use of the right of withdrawal belong to the SELLER. The BUYER, by accepting this contract, acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified in writing via registered mail with return receipt, fax, or e-mail within 7 (seven) days, and the product must not have been used in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions set forth in this agreement. If this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the company. Order returns invoiced to corporate entities cannot be completed without a RETURN INVOICE.)
b) The 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 return the total amount and the documents that put the BUYER into debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification, and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur due to proper use of the goods or product within the withdrawal period.
f) If the campaign limit set by the SELLER falls below the threshold due to the exercise of the right of withdrawal, the discount amount received under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER's request or explicit personal needs and are not suitable for return, such as lower intimate apparel, swimwear bottoms, make-up products, disposable products, goods that are prone to rapid spoilage or whose expiry date is likely to pass, products whose packaging has been opened by the BUYER after delivery and are not suitable for return for health and hygiene reasons, products that have been mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and audio or visual recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned according to the Regulation. Furthermore, the exercise of the right of withdrawal for services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period is not possible according to the Regulation.
Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) can only be returned if their packaging has not been opened, they have not been tried, damaged, or used.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest and be responsible to the cardholder bank within the framework of the credit card agreement with the bank. In this case, the relevant bank may resort to legal remedies; it may demand any resulting expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections arising from this agreement will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
Effective from 28/05/2014:
a) For disputes with a value below 2,000.00 (two thousand) TL, in accordance with Article 68 of the Consumer Protection Law No. 6502, applications are made to district consumer arbitration committees.
b) For disputes with a value below 3,000.00 (three thousand) TL, applications are made to 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 are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for an order placed through the Site, they are deemed to have accepted all terms of this agreement. The SELLER is obliged to make the necessary software arrangements on the site to obtain confirmation from the BUYER that they have read and accepted this agreement before the order is placed.
SELLER:
BUYER:
DATE: