1.PARTIES
This Agreement has been signed between the parties specified below, within the framework of the provisions and conditions stated below.
a) ‘BUYER‘; (hereinafter referred to as the "BUYER" in this contract)
NAME-SURNAME:
ADDRESS:
b) ‘SELLER‘; (hereinafter referred to as the "SELLER" in this contract)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges and accepts in advance that they will assume the obligation to pay the price of the order subject to the contract, as well as any additional charges specified, such as shipping fees and taxes, upon confirming the order.
2.DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall mean the explanations provided next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of the Consumer,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject matter of any consumer transaction other than the provision of goods in return for a fee or benefit,
SELLER: The company that supplies goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the supplier,
BUYER: The natural or legal person who acquires, uses, or benefits from a product or service for non-commercial or non-professional purposes,
WEBSITE: The website owned by the SELLER,
ORDER PLACER: The natural or legal person who requests a product or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract entered into between the SELLER and the BUYER,
GOODS: The movable property subject to purchase and the intangible goods such as software, sound, image, and similar items prepared for use in electronic media.
3.SUBJECT
This Agreement regulates the sale and delivery of the product specified below, which the BUYER has ordered electronically through the SELLER's website, in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, along with the rights and obligations of the parties.
The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated or modified. The prices announced for a specific period are valid until the end of the specified period.
4.SELLER INFORMATION
Title:
Address:
Phone:
Fax:
Email:
5.BUYER INFORMATION
Recipient Name:
Delivery Address:
Phone:
Fax:
Email/Username:
6.ORDER PLACER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/Username:
7.PRODUCT/PRODUCTS INFORMATION OF THE CONTRACT
The basic characteristics of the goods/product(s)/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 characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The listed prices announced on the website are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited period are valid until the specified period expires.
7.3. The sales price including all taxes of the goods or services subject to the contract is shown below.
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Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the shipment cost, 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 billing address along with the order during the order delivery.
9.GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and become aware of the basic characteristics of the product, the sales price, the payment method, and the pre-information regarding the delivery of the product on the Seller's website and given the necessary confirmation electronically. The BUYER acknowledges, declares, and undertakes that they have correctly and completely obtained the address that the Preliminary Information should be given to the BUYER before the distance sales contract is concluded, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address specified in the preliminary information section on the website within the period specified, provided that it does not exceed the legal period of 30 days depending on the distance of the BUYER's place of residence. 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 undertakes to deliver the product subject to the contract in full, in accordance with the specified qualifications in the order and, if any, with warranty documents, usage instructions, and other necessary information and documents related to the job, in compliance with the legal requirements, except for any defects, and in a manner consistent with the standards, to preserve and improve the quality of the service, to act with the necessary care and diligence during the performance of the job, and to act with caution and foresight, acknowledge, declare, and undertake.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the performance obligation arising from the contract expires.
9.5. If the SELLER fails to fulfill its obligations under the contract due to the impossibility of fulfilling the order or service, the SELLER undertakes to notify the consumer in writing within 3 days from the date of learning about this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that if the payment of the product price, for any reason, is not made or canceled in the bank records before the delivery of the product, the SELLER's obligation to deliver the product subject to the contract will cease.
9.7. The BUYER agrees, declares, and undertakes that in case the price of the contractual product 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 after the delivery of the contractual product to the BUYER or to the person and/or organization indicated by the BUYER at the specified address, the BUYER will return the contractual product to the SELLER within 3 days at the expense of the SELLER.
9.8. The SELLER agrees, declares, and undertakes to inform the BUYER in the event that force majeure circumstances arise, which are beyond the control of the parties, unforeseeable, and prevent or delay the fulfillment of the parties' obligations under the contract. The BUYER also has the right to request the cancellation of the order, replacement of the contractual product with a similar one if available, and/or postponement of the delivery period until the obstructive situation is resolved. In case of cancellation of the order by the BUYER, in cash payments made by the BUYER, the product amount will be refunded in cash and in full within 14 days. In the case of payments made by the BUYER with a credit card, the product amount will be refunded to the respective bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges that it may take an average of 2 to 3 weeks for the refunded amount to be reflected in the BUYER's account by the bank, and that the delay in this process is entirely related to the bank's transaction process. Therefore, the BUYER accepts, declares, and undertakes that it cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER through mail, email, SMS, phone calls, and other means of communication, marketing, notifications, and other purposes using the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the website or updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities towards them.
9.10. The BUYER will inspect the goods/service subject to the contract before taking delivery; they will not accept damaged and defective goods/service, such as those with dents, fractures, torn packaging, etc., from the shipping company. The received goods/service will be deemed undamaged and intact. The duty to carefully preserve the goods/service after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if there is a security vulnerability regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identification and contact information of the credit card holder, the statement for the previous month of the credit card used in the order, or a letter from the bank confirming that the credit card belongs to the cardholder. Until the requested information/documents are provided by the BUYER, the order will be put on hold, and if the said requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other related information provided to the SELLER's website during the registration process is accurate and that they will compensate for any damages incurred by the SELLER due to the inaccuracy of this information.
9.13. The BUYER undertakes to comply with the provisions of the legal regulations and not to violate them when using the Seller's website, and acknowledges and commits from the beginning that any resulting legal and criminal obligations will be fully and exclusively binding on the BUYER.
9.14. The BUYER shall not use the Seller's website in any way that disrupts public order, violates general morality, harasses or disturbs others, or for any illegal purpose that infringes upon the material and moral rights of others. Furthermore, the BUYER shall not engage in activities that prevent or hinder others from using the services (spam, viruses, trojans, etc.).
9.15. Links to other websites and/or other content owned and/or operated by third parties, which are not under the control of the SELLER, may be provided through the Seller's website. These links are provided for the convenience of the BUYER and do not endorse any website or the person operating it, nor do they provide any guarantee regarding the information contained on the linked website.
9.16. The member who violates one or more of the provisions listed in this agreement shall be personally liable for such violation, both criminally and legally, and shall indemnify the SELLER from the legal and criminal consequences of these violations. In addition, in the event of the occurrence of a legal process related to this violation, the SELLER reserves the right to claim compensation for the non-compliance with the membership agreement.
10.RIGHT OF WITHDRAWAL
10.1. If the distance contract pertains to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods without any legal or criminal liability and without stating any reason, within 14 (fourteen) days from the date of delivery to the BUYER or the designated person/organization, provided that it is notified to the SELLER. In the case of distance contracts related to the provision of services, this period shall start from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the provision of the service has commenced with the approval of the consumer before the expiration of the withdrawal period. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within a period of 14 (fourteen) days and the product must not have been used within the framework of the provisions of "Products Excluded from the Right of Withdrawal" stipulated in this agreement. In case of exercising this right,
a) The invoice of the product delivered to a third party or the BUYER must be sent together (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total amount and return the documents that put the BUYER in debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification and to receive the goods within a period of 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if thes return becomes impossible, the BUYER is obliged to compensate for the damages of the SELLER in proportion to the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration occurring due to the proper use of the goods or products within the right of withdrawal period.
f) In case the campaign limit amount set by the SELLER is exceeded due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11.PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
The following products cannot be returned: underwear, swimwear bottoms, makeup products, disposable products, perishable goods or goods with a possibility of expiration date, products that are unsuitable for return for health and 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, goods related to periodic publications such as newspapers and magazines, electronically delivered services or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, whose packaging has been opened by the BUYER, according to the Regulation. Furthermore, the exercise of the right of withdrawal regarding services that have started with the consumer's consent before the expiration of the withdrawal period is not possible according to the Regulation.
Cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs, and tapes, as well as stationery consumables (toner, cartridges, ribbons, etc.), can be returned only if their packaging is unopened, untested, undamaged, and unused.
12.DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment made by credit card, the BUYER acknowledges, declares, and undertakes to pay interest to the bank in accordance with the credit card agreement between the cardholder and the bank and to be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the expenses incurred and attorney's fees from the BUYER, and in any case where the BUYER defaults on the debt, the BUYER acknowledges, declares, and undertakes to compensate for the damages incurred by the SELLER due to the delayed performance of the debt.
13.JURISDICTION
In case of disputes arising from this agreement, complaints and objections shall be submitted to the consumer problems arbitration board or the consumer court in the place where the consumer resides or where the consumer transaction is carried out, within the monetary limits specified in the relevant law. The information regarding the monetary limits is as follows:
Effective as of May 28, 2014:
a) In disputes with a value below 2,000.00 (two thousand) Turkish Liras, they shall be submitted to the district consumer arbitration boards, in accordance with Article 68 of the Law on the Protection of the Consumer.
b) In disputes with a value below 3,000.00 (three thousand) Turkish Liras, they shall be submitted to the provincial consumer arbitration boards.
c) In metropolitan cities, disputes with a value between 2,000.00 (two thousand) Turkish Liras and 3,000.00 (three thousand) Turkish Liras shall be submitted to the provincial consumer arbitration boards. This Agreement is made for commercial purposes.
14.EFFECTIVENESS
When the BUYER makes the payment for the order placed through the Website, it is deemed that the BUYER has accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements on the Website to ensure that this agreement is read and accepted by the BUYER before the order is placed.
SELLER:
BUYER:
DATE:
