This Agreement has been signed between the following parties within the framework of 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)
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
In the application and interpretation of this agreement, the terms written below will express the written explanations next to them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or committed to be made in exchange for a fee or benefit ,
SELLER: A 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 supplier,
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,
ORDERING PERSON: A natural or legal person who requests a product or service through the SELLER’s website,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer 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 placed an order electronically on the website of the SELLER.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
5. BUYER INFORMATION
Person to be delivered
6. ORDERING PERSON INFORMATION
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can explore the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until 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 DescriptionQuantityUnit PriceSub Total
Payment Method and Plan
Person to be delivered
7.4. The shipping fee, which is the shipping cost of products, will be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that s/he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that s/he is informed and gives the necessary confirmation in the electronic environment. Acknowledging that the BUYER has confirmed the Preliminary Information in electronic environment, the address to be given to the BUYER by the SELLER before the establishment of the Distance Sales Contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete, and commits.
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 from the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. 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 completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that s/he will confirm this Agreement electronically for the delivery of the product subject to the contract, and in case the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER’s obligation to deliver the contract product will end.
9.7. 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, as a result of the unfair use of the BUYER’s credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER’s expense.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. 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.
9.9. The SELLER has the right to contact the BUYER by letter, e-mail, SMS, phone call and other means for communication, marketing, notification and other purposes via 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 him later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities directed at him.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services 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. In case of the BUYER and the credit card holder used during the order are not the same person, or before the delivery of the product to the BUYER, a security vulnerability is detected regarding the credit card used in the order; the SELLER may request from the BUYER to present the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order or a letter from the bank of the card holder stating that the credit card belongs to him. The order will be intercepted until the BUYER provides the subject information and documents, and if the mentioned demands 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 she reported when s/he becomes a member of the SELLER’s website are true, and compensate all damages that the SELLER will incur due to the untruth of this information, upon the first notification of the SELLER, in cash and in full.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member (the user of the website) cannot engage in activities (spam, virus, trojan horse, 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 control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links have been placed in order to provide ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any warranty for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may use the right to withdraw from the contract by rejecting the goods without any legal and criminal liability and without any justification, provided that the distance contract is related to the sale of the goods, within 14 (fourteen) days from the date of delivery of the product to him or the person / organization at the address indicated, notifying the SELLER. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be used in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to use the right of withdrawal, the SELLER must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the “Products for which the Right of Withdrawal cannot be used” regulated in this contract.
If this right is used,
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 together with the return invoice issued by the institution when returning. Order returns whose invoice is issued on behalf of the institutions will not be completed if the RETURN INVOICE is not issued.
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER no later than 10 days after the notification of withdrawal reaches him, and to receive the goods back within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses in proportion to the defect.
However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) In case of falling below the campaign limit amount set by the SELLER due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Prepared in line with the BUYER’s request or clearly personal needs and not available for return; underwear bottoms, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for return in terms of health and hygiene if the package is opened by the BUYER after delivery to the BUYER , products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in the electronic environment or intangible goods delivered to the consumer instantly, audio or video recordings, books , digital content, software programs, data recording and data storage devices, If the packaging of computer consumables has been opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, it is not possible to use the right of withdrawal for services that have been started to be performed with the approval of the consumer before the right of withdrawal expires, in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.) in order to be returned, their packaging must be unopened, untested, intact and unused.
12. STATE OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the payment transactions are made by credit card and if the BUYER defaults, the cardholder will pay interest in accordance with the credit card agreement between the bank and the bank and will pay responsibility to the bank. In this case, the relevant bank may apply for legal remedies; it may demand the costs and proxy fees from the BUYER, and in any case, if the BUYER defaults due to the debt, the BUYER accepts, declares and undertakes that he will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court.
Information on the monetary limit is below:
As of 01/01/2017, the value in applications to be made to consumer arbitration committees for 2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2.400 (two thousand four hundred) Turkish Liras and 3.610 (three thousand six hundred and Dec) Turkish Liras in the provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that do not have metropolitan status,
ç) Provincial consumer arbitration committees have been assigned in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and Dec) Turkish Liras in districts affiliated to provinces that do not have metropolitan status.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, s/he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.