1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
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‘BUYER’ ; (hereinafter referred to as the "BUYER" in the agreement)
NAME- SURNAME:
ADDRESS:
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‘SELLER’ ; (hereinafter referred to as the "SELLER" in the agreement)
NAME- SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to the agreement, they will be under the obligation to pay the price of the order and any specified additional charges, such as shipping fees and taxes, and that they have been informed regarding this matter.
2. DEFINITIONS
In the application and interpretation of this agreement, the following terms shall represent the explanations written opposite them.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW : The Law on the Protection of the Consumer numbered 6502,
REGULATION : The Regulation on Distance Contracts (OG: 27.11.2014/29188),
SERVICE : The subject of any consumer transaction other than the supply of goods made or committed 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 or for the account of the party offering goods,
BUYER : The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE : The website belonging to the SELLER,
ORDERER : The natural or legal person who requests a good or service via the website belonging to the SELLER,
PARTIES : The SELLER and the BUYER,
AGREEMENT : This agreement concluded between the SELLER and the BUYER,
GOOD : Refers to the movable property subject to shopping and intangible goods such as software, audio, video, and the like prepared for use in an electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer numbered 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically via the website belonging to the SELLER.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited time 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
Telephone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
7. CONTRACT PRODUCT/PRODUCTS INFORMATION
1. The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the SELLER's website. If a campaign has been organized by the Seller, you can review the basic features of the relevant product during the campaign period. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a specific period 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.
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Subtotal |
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Shipping Cost |
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Payment Method and Plan
Delivery Address
Person to be delivered to
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the billing address together with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that they have read the preliminary information regarding the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, have gained knowledge, and have given the necessary confirmation in the electronic environment. The BUYER's confirmation of the Preliminary Information in the electronic environment acknowledges, declares and undertakes that they have correctly and completely obtained the address, the basic features of the products ordered, the price of the products including taxes, and payment and delivery information that must be given to the BUYER by the SELLER before the distance sales contract is established.
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 30-day legal period. In case the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the contract is reserved.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and if any, with warranty documents, user manuals, and the information and documents required by the work; to perform the work in accordance with the requirements of the legal legislation free from all kinds of defects, in a sound, standard-compliant manner, within the principles of accuracy and honesty; to maintain and increase service quality; to show the necessary care and attention during the performance of the work; and 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 their express approval before the performance obligation arising from the contract expires.
9.5. In the event that the SELLER cannot fulfill its obligations under the contract due to the impossibility of fulfilling the product or service subject to the order, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total price to the BUYER within a 14-day period.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if for any reason the price of the product subject to the agreement is not paid and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the agreement shall terminate.
9.7. If, after the delivery of the product subject to the Agreement to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the agreement within the time limit due to force majeure events such as circumstances that develop outside the will of the parties, are unforeseeable, and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with its equivalent, if any, and/or the postponement of the delivery time until the obstructive situation is eliminated. In case of cancellation of the order by the BUYER, for payments made by the BUYER in cash, the product amount is paid to the BUYER in cash and in full within 14 days. In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the reflection to the BUYER's account of the amount refunded by the SELLER to the credit card by the bank may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after the refund 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 through the address, e-mail address, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the site or later updated by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above toward the BUYER.
9.10. The BUYER shall inspect the goods/services subject to the agreement before taking delivery; they shall not take delivery of damaged or defective goods/services from the cargo company, such as those that are crushed, broken, or have torn packaging. The goods/services received shall be deemed to be undamaged and intact. The duty to protect the goods/services with care after delivery 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 holder of the credit card used during the order are not the same person, 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 submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the information/documents requested, 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 while becoming a member of the SELLER's website is true, and that they will immediately, in cash, and in full indemnify the SELLER for all damages that the SELLER may suffer due to the untruthfulness of this information, upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of legal legislation while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or in a way that infringes on the material and moral rights of others. Furthermore, the member 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 that are 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 placed to provide ease of navigation for the BUYER and do not endorse any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement is personally, criminally, and legally responsible for this violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that the matter is transferred to the legal field 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. The BUYER may use their right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without providing any justification, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated by them, in the case that the distance contract relates to the sale of goods. In distance contracts regarding 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 begun with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that a written notification be made to the SELLER by registered mail, fax, or e-mail within the 14 (fourteen) day period and that the product has not been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this agreement. In case this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER must be returned. (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. Returns of orders issued on behalf of institutions will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging, and, if any, standard accessories.
d) The SELLER is obligated to return the total price and any documents that put the BUYER under debt to the BUYER within no later than 10 days from the receipt of the notice of withdrawal, and to accept the return of the goods within a 20-day period.
e) If there is a decrease in the value of the goods due to a reason stemming from the BUYER's fault, or if return becomes impossible, the BUYER is obligated to compensate for the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes or deterioration that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) If the use of the right of withdrawal causes the total amount to fall below the campaign limit set by the SELLER, the discount amount utilized within the scope of the campaign shall be cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to the Regulation, it is not possible to return goods prepared in accordance with the BUYER's requests or clearly personal needs and are not suitable for return, such as underwear bottom pieces, swimsuits and bikini bottoms, cosmetic products, disposable products, goods that are in danger of rapid deterioration or are likely to exceed their expiration date, products that are unsuitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that mix with other products after delivery and cannot be separated by 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, as well as audio or image recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables if their packaging has been opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal regarding services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period, as per the Regulation.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened, untried, undamaged, and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults in a transaction made by credit card, they accept, declare, and undertake that they will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may resort to legal remedies; may demand the arising costs and attorney's fees from the BUYER; and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes that they will pay for the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer arbitration committee or consumer court where the consumer resides or where the consumer transaction is performed, within the monetary limits specified in the law below. Information regarding the monetary limit is provided below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Law No. 6502 on the Protection of Consumers, for disputes with a value below 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) In disputes with a value below 3,000.00 (three thousand) TL, 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 are made to the provincial consumer arbitration committees.
This Contract is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER completes the payment for the order placed through the Site, they are deemed to have accepted all terms of this contract. The SELLER is obligated to make the necessary software arrangements to ensure that this contract is read and accepted by the BUYER on the site before the order is placed.
SELLER:
BUYER:
DATE: