This Contract is entered into by and between the following parties on the terms and conditions below:
A. ‘BUYER’ ; (hereinafter be referred to as "BUYER")
B. ‘SELLER’ ; (hereinafter be referred to as "SELLER")
NAME & SURNAME:
By executing this Contract, the BUYER agrees in advance that in the event that it approves the order subject to this Contract, it shall enter into obligation of paying the price of the order and any additional charges including delivery charges, duties etc, if any, which may be indicated, and that it has been informed on this.
In the performance and construction of this Contract, the following terms shall have the following meanings.
The MINISTER: shall mean the Minister of Customs and Trade,
The MINISTRY: shall the Ministry of Customs and Trade,
The LAW: shall mean the Law No. 6502 on the Protection of Consumers,
REGULATION: shall mean the Regulation on Distance Contracts (No. 29188 of 27.11.2017)
SERVICE: shall mean the subject of any kind of consumer transaction which is effected or undertaken to be effected for a fee or benefit, except for supplying goods.
SELLER: shall mean the company which offers goods to consumers or acts for and on behalf of the supplier, within the scope of these commercial or professional activities,
BUYER: shall mean any natural or legal person who/which acquires a good, or uses or benefit from a service for non-commercial or professional purposes.
WEBSITE: shall mean the website owned by the SELLER,
ORDERER: shall mean any natural or legal person who/which requests a good or service via the WEBSITE owned by the SELLER,
The PARTIES: shall mean the BUYER and the SELLER,
The CONTRACT: shall mean the present Contract entered into by and between the BUYER and the SELLER,
The GOODS: shall mean the movable goods or any intangible goods prepared to be used electronically, such as software, audio, images etc., which is subject of the purchase.
This Contract regulates the rights and obligations of the Parties related to the sale and delivery of the product which is being electronically ordered by the BUYER via the website of the SELLER and the properties and the selling price are given below, under the provisions of the Law No. 6502 on the Protection of Consumers, and the Regulation on Distance Contracts.
The prices listed and announced on the website are the selling prices. The announced prices and commitments are valid until next update or change. The prices announced to be valid for a definite period shall be valid by the end of the period defined.
4. SELLER INFORMATION
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, agrees and undertakes that they have read and understood, and given the necessary consent electronically for, the basic properties, selling price and payment mode of the product as well as the preliminary information related to the delivery thereof, contained in the SELLER's website. The BUYER acknowledges, agrees and undertakes that prior to the electronic confirmation of the Preliminary Information by the BUYER and the execution of the distance selling contract, the BUYER has been accurately and fully informed about the address given to the SELLER by the BUYER, the basic characteristics of the items ordered, the tax inclusive price of the items, and payment and delivery conditions.
9.2. Each product subject to this Contract shall be delivered to the BUYER or any person and/or organization at the address designated by the BUYER within the period indicated in the preliminary information section on the website, which varies depending on the distance from the BUYER's location, provided that the delivery period does not exceed the statutory period of 30 days. The BUYER reserves the right to terminate this contract if the products cannot be delivered to the BUYER within this period.
9.3. The SELLER acknowledges, agrees and undertake to deliver the product subject to the Contract in full and as described in the order with warranty certificates, user manuals, and any other customary information and documentation, if any; to perform any work free of any defect and adequately in compliance with the legal requirements, in conformity to standards and according to the principles of integrity and honesty; to maintain and improve the service quality; to exercise due diligence and care in performing the work and act cautiously and prudently.
9.4. The SELLER may supply any other product that is of the same quality and at the same price, before the period for the fulfilment of the obligation of performance hereunder of is expired, however provided that it shall inform the BUYER on this and obtain the explicit consent of the BUYER.
9.5. The SELLER acknowledges, agrees and undertake that if it becomes unable to fulfil its obligations hereunder due to the impossibility of the supply of the product or the provision of the service subject to the order, it shall notify the consumer of this within 3 days of the date when it becomes aware of this impossibility and refund the total amount to the BUYER within a period of 14 days.
9.6. The BUYER acknowledges, agrees and undertakes that it shall confirm this Contract electronically in order for the product subject to the Contract to be delivered and that the SELLER's obligation to deliver the product subject to the Contract shall end if the price of the product subject to the Contract is not paid or cancelled in the bank records for any reason.
9.7. The BUYER acknowledges, agrees and undertakes that in the event that the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the illegal use of the credit card of the BUYER by unauthorized persons upon the delivery of the product subject to the Contract to the BUYER or any person and/or organization at the address designated by the BUYER, the BUYER shall return the product subject to the Contract to the SELLER with shipping costs at the expense of the BUYER within 3 days.
9.8. The SELLER acknowledges, agrees and undertakes that it shall notify the BUYER of any condition which make it unable to deliver the product subject to the contract within due time due to the force majeure such as the occurrence of any event which develops beyond the control of the Parties, cannot be anticipated and precludes and/or delays the parties' fulfilment of their obligations. The BUYER shall have the right to request from the Seller the cancellation of the order, replacement of the product subject to the contract with any equivalent of it and/or the delay of delivery period until such impeding conditions are eliminated, from the SELLER. If the BUYER cancels the order, the product price, for the payments made in cash by the BUYER, is fully refunded to the BUYER in cash within 14 days. For the payments made by credit card by the BUYER, the product price shall be refunded to the relevant bank within 14 days of the cancellation of the order by the BUYER. The BUYER acknowledges, agrees and undertakes that an average process of the banks' crediting the amount refunded to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and that the SELLER may not hold the SELLER liable for any possible delays as the credit of this amount to the BUYER's account upon the refund of the amount to the bank is solely related to the banking transaction procedures.
9.9. The SELLER shall have the right to contact with the BUYER for communication, marketing, notification or other purposes by mail, e-mail, SMS, phone calls and other means of communication using the address, e-mail address, fixed and mobile telephone lines and other contact details that are indicated in the sign up form at the time of signing up or updated thereafter by the BUYER. The BUYER acknowledges and agrees by executing this contract that the SELLER may carry out the aforementioned communication activities targeting them.
9.10. The BUYER shall inspect the good(s)/service(s) subject to the contract before accepting them and not accept any damaged and defective good/service from the courier company if they are deformed, broken, or have torn wrapping paper etc. It shall be agreed that any good/service accepted is undamaged and sound. The BUYER shall be responsible for carefully protecting the good/service upon delivery. If they will exercise the right of withdrawal, the good/service should not be used. The invoice should be returned.
9.11. In the cases where the BUYER and the holder of the credit card used at the time of placing the order are not the same person or a security gap for the credit card used in the order is discovered before the delivery of the product to the BUYER, the SELLER may require the BUYER to provide the identification and contact details of the card holder, the statement of the credit card used in the order for the previous month or a letter issued by the bank of the card holder and confirming that the credit card belongs to the card holder. The order shall be suspended during the period until the BUYER provide the required information/document(s) and the SELLER shall have the right to cancel the order if the required information/document(s) is (are) not provided within 24 hours.
9.12. The BUYER acknowledges and undertakes that the personal data and other information provided by the BUYER at the time of signing up the SELLER's website are true and that they shall immediately pay, fully in cash, any and all damages incurred by the SELLER due to the fact that it is discovered that any of the aforementioned data or information is misleading, upon the first notice of the SELLER.
9.13. The BUYER agrees and undertakes in advance to comply with and not to violate the legal requirements when using the SELLER's website. Otherwise, any and all legal and penal liabilities shall bind the BUYER fully and exclusively.
9.14. The BUYER may in no way use the SELLER's website contrary to the public morality, in a manner to disturb the peace, disturbingly or harassingly or for an illegal purpose, or in a way that infringes the tangible and intangible rights of others. In addition, a member may not carry on activities or operations which may prevent others from using services or make it difficult for others to use services.
9.15. The SELLER may give links to websites and/or contents which are beyond the control of the SELLER and/or owned and/or operated by third parties, on the SELLER's website. These links are redirects for convenience of the BUYER and does not support any website or the operator thereof and should not be construed as a guarantee or the information contained in the website(s) to which link(s) is (are) given.
9.16. Any member who breaches one or more provisions of this Contract shall personally be liable for this breach criminally and legally and hold the SELLER harmless from any legal and penal consequences of such breach(es). In addition, if the case of breach is submitted to the court, the SELLER reserves the right to claim damages from the member for breach of membership contract.
10. RIGHT OF WITHDRAWAL
10.1. In the cases where the distance selling contract is related to sale of goods, the BUYER may exercise their right of withdrawal rejecting the goods with notice to the SELLER and without any legal or penal liability and without having to provide any justification within 14 (fourteen) days from delivery of the product to them or any person/organization designated by them. For the distance selling contract related to provision of service, such period commences from the date of execution of the contract. The right of withdrawal may not be exercised for the service contracts under which the performance of the service has been started with the consent of the consumer prior to the end of the term of exercise of the right of withdrawal. The expenses arising from the exercise of the right of withdrawal shall be at the expense of the SELLER. By executing this contract, the BUYER acknowledges in advance that it has been informed about the right of withdrawal.
10.2. For exercising the right of withdrawal, the SELLER should be notified in writing by registered mail, fax or e-mail within the period of 14 (fourteen) days and the product should be unused pursuant to the provisions on "Products for which the right of withdrawal may not be exercised" provided for in this contract. In exercising this right, the item should be returned in undamaged condition and complete with
a) the invoice of the item delivered to the third party or BUYER (the invoice of any item to be returned which has been issued in the name of a legal entity should be sent accompanied by return invoice to be issued by that legal entity. The return of the orders the invoice of which is issued in the name of a legal entity shall not be completed unless RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging and standard accessories, if any.
d) The SELLER shall be responsible for refunding the total amount and returning the obligating documents to the BUYER within a period of 10 days from the receipt of the notice of withdrawal by it, at the latest, and for accepting the return of the good within 20 days.
e) If the item decreases in value as a result of the fault of the BUYER or return of it becomes impossible, the BUYER shall be responsible for indemnifying the SELLER for any damage incurred by it as a result of the fault of the BUYER. However, the BUYER shall not be liable for any alteration and wear caused by the proper use of the good or item within the period for exercising the right of withdrawal.
f) If the right of withdrawal is used, the discount amount used within the scope of the campaign will be cancelled if it falls below the campaign limit amount set by the SELLER.
11. PRODUCTS THAT ARE NOT IN THE SCOPE OF THE RIGHT OF WITHDRAWAL: The goods which are tailored upon the request of or explicitly to personal needs of the BUYER and which are not suitable for return, underwear, swimwear and bikini bottoms, cosmetics, disposable items, goods which are subject to fast deterioration or which are likely to pass the expiration date, products which are not suitable for health and hygiene when they are unpacked by the BUYER after received by the BUYER, products which are mixed with other products after delivery and which cannot be separated, goods related to periodicals such as newspapers and magazines other than those provided under a Subscription Agreement, services carried out in electronic environments or intangible products that are provided to the consumer immediately, sound and image recordings, books, digital content, software programmes, data recording and storage devices, computer consumables of which the consumer has opened the packaging are not possible to be returned according to the Regulations. Also, according to the Regulations, it is not possible to use the right of withdrawal for the services that started with the approval of the consumer before the end of the term of the right of withdrawal. To return cosmetic and personal care products, underwear, swimwear, bikinis, books, software and programs that can be copied, DVD, VCD, CD and cassettes as well as stationery consumables (toner, cartridge, tape etc.), such products’ packages should not be opened, the products should not be tested, spoilt or used.
12. DEFAULT CRITERIA AND LEGAL CONSEQUENCES The PURCHASER agrees, declares and undertakes that if he/she made the payment with credit card and is in default, he/she will pay interest and be liable to the bank within the framework of the credit card agreement between the card holder’s bank. In this case, the concerned bank may apply for legal remedies, may charge the cost of the expenses and the proxy fee from the PURCHASER and if the PURCHASER defaults, he/she agrees to pay the damages and losses suffered by the SELLER due to delayed performance.
13. COURT OF COMPETENT JURISDICTION In case of any dispute which may arise from this contract, Istanbul Anatolian Side Courts and Execution Offices shall have the jurisdiction.
14. EFFECTIVENESS The BUYER shall be considered to have agreed all terms of this contract when he/she effected the payment for the order placed by him/her via Website. The SELLER shall be responsible for making the necessary software editing so as to obtain the consent of the BUYER confirming that this contract has been read and understood by him/her on the website prior the placement of the order.