1.SİDES
This Agreement is concluded between the following Sıdes in accordance with the terms and conditions set forth below.
A.'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B.'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME:
ADDRESS:
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms listed below shall have the meanings set forth opposite them.
MINISTRY: The Minister of Customs and Trade;
MINISTRY: The Ministry of Customs and Trade;
LAW: The Consumer Protection Act No. 6502;
REGULATIONS: Distance Contracts Regulations (Official Gazette: 27.11.2014/29188);
SERVICE: Any consumer transaction other than the provision of goods for a fee or benefit, or the obligation to provide;
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf or on behalf of the company that offers goods;
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or professional purposes;
SITE: The Seller's website;
ORDERER: A natural or legal person who requests a good or service through the Seller's website;
Sıdes: The Seller and the Buyer;
AGREEMENT: This agreement concluded between the Seller and the Buyer;
GOOD: It refers to movable property subject to the transaction and intangible goods such as software, sound,
3. SUBJECT
This Agreement regulates the rights and obligations of the Sıdes under the provisions of the Consumer Protection Act No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product ordered by the BUYER in electronic environment through the SELLER's website, with the characteristics and sales price specified below.
The prices listed and announced on the website are the selling prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
Explanation:
This section of the contract defines the subject of the contract, which is the sale and delivery of a product from the seller to the buyer. The contract is governed by the Consumer Protection Act No. 6502 and the Distance Contracts Regulation. The first paragraph of the section states that the contract is between the buyer and the seller. The buyer is the person who orders the product through the seller's website. The seller is the company that sells the product. The second paragraph of the section states that the contract is for the sale and delivery of a product. The product is described in the contract by its characteristics and sales price. The third paragraph of the section states that the prices listed and announced on the website are the selling prices. These prices are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Name: The name of the company that sells the product.
Address: The address of the seller's company.
Phone: The phone number of the seller's company.
Fax: The fax number of the seller's company.
Email: The email address of the seller's company.
5. BUYER INFORMATION
Recipient: The person to whom the product will be delivered.
Delivery Address: The address to which the product will be delivered.
Phone: The phone number of the buyer.
Fax: The fax number of the buyer.
Email/Username: The email address or username of the buyer.
6. ORDERER INFORMATION
Name/Surname/Title: The name, surname, or title of the person who orders the product.
Address: The address of the person who orders the product.
Phone: The phone number of the person who orders the product.
Fax: The fax number of the person who orders the product.
Email/Username: The email address or username of the person who orders the product.
Explanation:
5. BUYER INFORMATION
Recipient: The name, surname, or title of the person to whom the product will be delivered, identifies the person to whom the product will be delivered. This information is necessary for the delivery of the product.
Delivery Address: The address to which the product will be delivered, identifies the location to which the product will be delivered. This information is necessary for the delivery of the product.
Phone: The buyer's phone number can be used to contact the buyer. This information can be used to contact the buyer about order status, delivery, or returns.
Fax: The buyer's fax number can be used to contact the buyer. This information can be used to contact the buyer about order status, delivery, or returns.
Email/Username: The buyer's email address or username can be used to contact the buyer. This information can be used to contact the buyer about order status, delivery, or returns.
6. ORDERER INFORMATION
Name/Surname/Title: The name, surname, or title of the person who orders the product, identifies the person who orders the product. This information is necessary to determine who the order belongs to.
Address: The address of the person who orders the product, identifies the location of the person who orders the product. This information can be used to contact the person who orders the product in case of any problems with the order.
Phone: The phone number of the person who orders the product can be used to contact the person who orders the product. This information can be used to contact the person who orders the product about order status, delivery, or returns.
Fax: The fax number of the person who orders the product can be used to contact the person who orders the product. This information can be used to contact the person who orders the product about order status, delivery, or returns.
Email/Username: The email address or username of the person who orders the product can be used to contact the person who orders the product. This information can be used to contact the person who orders the product about order status, delivery, or returns.
7. CONTRACTED PRODUCT/PRODUCTS INFORMATION
1. The basic features of the product/products/service (type, quantity, brand/model, color, quantity) 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. Valid until the campaign date.
2. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceTotal
(Including VAT)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7.1. Basic Features of the Product or Service
The first paragraph of this section states that the basic features of the product or service are published on the seller's website. This information includes the type, quantity, brand/model, color, and quantity of the product or service. If the seller has organized a campaign, the basic features of the relevant product can be reviewed during the campaign period.
7.2. Selling Price
The second paragraph of this section states that the prices listed and announced on the site are the selling prices. These prices include all taxes and are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. Total Sales Price
The third paragraph of this section lists the total sales price of the product or service, including all taxes. This information is calculated by multiplying the unit price of the product or service by the quantity ordered. The shipping cost is added to the total sales price to determine the final price.
Other Information
The remaining sections of this section provide information about the payment method, delivery address, recipient, invoice address, order date, delivery date, and delivery method. This information is important for the seller to process the order and deliver the product or service to the buyer.
7.4. Ürün sevkiyat masrafı olan kargo ücreti ALICI tarafından ödenecektir.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address with the order at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the basic qualities of the product subject to the contract, the sales price and payment method and the preliminary information about the delivery on the website of the SELLER and that he has been informed and that he has given the necessary confirmation in electronic environment. BUYER's; Confirming the Preliminary Information electronically, accepting, declaring and undertaking that it has obtained the address required to be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic features of the products ordered, the price of the products including taxes, payment and delivery information correctly and completely.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of 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 shall deliver the product subject to the Contract in a complete, in accordance with the qualifications specified in the order and with the warranty documents, user manuals, if any, with the information and documents required by the work, and to perform the work in a sound and standards-compliant manner in accordance with the requirements of the legal legislation free from all kinds of defects within the principles of accuracy and honesty, accepts, declares and undertakes to protect and increase the quality of service, to show the necessary care and attention 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 before the expiry of the performance obligation arising from the contract and obtaining his explicit approval.
9.5. The SELLER accepts, declares and undertakes that if the product or service subject to the order becomes impossible to fulfill its obligations subject to the contract, it will notify the consumer in writing within 3 days from the date of learning of this situation and will return the total price to the BUYER within a period of 14 days.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Contract electronically for the delivery of the product subject to the Contract and that if the product price subject to the contract is not paid for any reason and / or canceled in the bank records, the obligation of the SELLER to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares and undertakes that if 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 of the BUYER by unauthorized persons after the delivery of the product subject to the Contract to the person and / or organization at the address indicated by the BUYER or the BUYER, the BUYER will return the product subject to the Contract to the SELLER within 3 days at the shipping expense of the SELLER.
9.8. The SELLER accepts, declares and undertakes that if he cannot deliver the product subject to the contract within the period of time due to force majeure situations such as the occurrence of force majeure situations that develop against the will of the Sıdes, cannot be foreseen in advance and prevent the Sıdes from fulfilling their obligations and / or delay, they will notify the BUYER of the situation.
The BUYER also has the right to request from the SELLER that the order be canceled, the product subject to the contract be replaced with a counterpart, if any, and / or the delivery period be postponed until the disabling situation is eliminated. In case of cancellation of the order by the BUYER, in the payments made by the BUYER with cash, the product amount is paid to him in cash and in full within 14 days. In the case of payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER states that the average process for the amount returned to the credit card by the SELLER to be reflected by the bank to the BUYER's account may take 2 to 3 weeks, and after the return of this amount to the bank, it may be reflected in the BUYER's accounts. Since the situation is completely related to the bank transaction process, the BUYER accepts, declares and undertakes that he 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 by letter, e-mail, SMS, telephone call and other means through the address, e-mail address, fixed and mobile phone 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 agreement, the BUYER accepts and declares that the SELLER may carry out the above-mentioned communication activities for him/her.
9.10. The BUYER shall inspect the goods / services subject to the contract before receiving them; dents, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to protect the goods / services carefully after delivery belongs to the BUYER. If the right of withdrawal is to be used, 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 is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER shall provide 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 card may request the BUYER to submit a letter from the bearer'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 subscribing to the website is in accordance with the truth and that the SELLER will compensate all damages that the SELLER will suffer due to the unreality of this information immediately, in cash and once 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 website of the SELLER. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
9.14. The BUYER may not use the website of the SELLER in any way that disrupts public order, contrary to general morality, disturbs and harasses others, for an unlawful purpose, and in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be made to other websites and / or other contents owned and / or operated by other third Sıdes that are not under the control of the SELLER and / or through the website of the SELLER. These links are provided for the purpose of providing ease of navigation to the BUYER and do not support any website or the person operating that site 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 is personally and criminally responsible for this violation and will 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 field of law, 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 may exercise the right of withdrawal from the contract without any legal or criminal liability and without giving any reason, by notifying the Seller within 14 (fourteen) days from the date of delivery of the product to him or to the person/entity at the address he/she indicated, if the distance contract is for the sale of goods. In distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts in which the performance of the service has begun with the consent of the consumer before the withdrawal period expires. The costs arising from the exercise of the right of withdrawal are borne by the Seller. The Buyer, by accepting this contract, expressly acknowledges that he/she has been informed about the right of withdrawal.
**10.2. In order to exercise the right of withdrawal, it is necessary to notify the Seller in writing by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the provisions of the "Products that cannot be used for the right of withdrawal" in this contract. In case this right is exercised,
a) Invoice of the product delivered to the third party or to 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 issued on behalf of institutions will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The returned products must be delivered complete and undamaged with the box, packaging, and standard accessories, if any.
d) The Seller is obliged to return the total amount and the documents that bind the Buyer within at least 10 days from the receipt of the withdrawal notification to the Buyer and to return the goods within 20 days.
e) If the value of the product decreases or return becomes impossible due to a reason caused by the Buyer's fault, the Buyer is obliged to compensate the Seller's damages in proportion to the fault. However, the Buyer is not responsible for any changes or deterioration that may occur due to the proper use of the product within the withdrawal period.
f) If the discount amount used within the campaign is canceled due to the campaign limit amount falling below due to the exercise of the right of withdrawal by the Seller.
11. PRODUCTS THAT CANNOT BE USED FOR THE RIGHT OF WITHDRAWAL
Products that cannot be used for the right of withdrawal are as follows:
Products that are prepared at the request or clearly according to the personal needs of the Buyer and are not suitable for return, such as underwear, swimsuit and bikini bottoms, makeup materials, single-use products, perishable goods or goods with a shelf life.
Products that are not suitable for return for health and hygiene reasons if the Buyer opens the packaging after delivery.
Products that mix with other products after delivery and cannot be separated by nature.
Goods related to periodicals such as newspapers and magazines, except those provided under a subscription contract.
Services that are performed immediately in electronic media or intangible goods that are delivered to the consumer immediately.
Sound or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the Buyer.
Services for which the right of withdrawal cannot be used due to the consent of the consumer before the withdrawal period expires.
12. DELINQUENCY AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on payment transactions made by credit card, the Buyer agrees, declares and undertakes to pay interest under the credit card agreement between the cardholder bank and the bank. In this case, the relevant bank may resort to legal remedies; it may demand the costs and attorney's fees from the BUYER, and in any case, in the event of the Buyer's default on the debt, the Buyer agrees, declares and undertakes to pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In the event of any disputes arising from this contract, complaints and objections shall be made to the Consumer Disputes Arbitration Board or the Consumer Court at the place of residence or place of the consumer transaction within the monetary limits specified in the following law. Information on the monetary limit is as follows:
Effective as of 01/01/2017, for 2017, in applications to consumer arbitration boards, the value of:
Disputes below 2,400 (two thousand four hundred) Turkish Liras will be handled by district consumer arbitration boards.
Disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in metropolitan cities will be handled by provincial consumer arbitration boards.
Disputes below 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces without metropolitan status will be handled by provincial consumer arbitration boards.
Disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in districts of provinces without metropolitan status will be handled by provincial consumer arbitration boards.
14. ENFORCEMENT
When the BUYER makes the payment for the order he / she has made through the Site, he is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements in such a way as to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the execution of the order.