Distance Selling Contract
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the contract subject confirms the order, it will be under the obligation to pay the additional fees specified, such as the price subject to the order and the shipping cost, tax, if any.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company acting on behalf or account of the consumer or providing service within the scope of its commercial or professional activities,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: Real or legal person requesting a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS / SERVICES: It refers to the movable goods subject to shopping and software, design, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
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 whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
SELLER INFORMATION
Title
Address
Telephone
Fax
RECEIVER INFORMATIONS
The person to be delivered
Delivery address
Telephone
Fax
Email / username
CONTRACT SUBJECT SERVICE / SERVICES INFORMATION
The basic features (type, amount, shape, color, number) of the service are published on the website of the SELLER. If the campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically 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 Description Quantity Unit Price Search Total
(VAT included)
Cargo Amount
Total:
Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
Delivery date
Delivery method
7.4. Shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
BILLING INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: The invoice will be delivered to the invoice address together with the order during order delivery.
- RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL RIGHTS
In the INTERNET SITE, the privacy rules-policy and conditions, whose current principles are set forth below, are valid for the protection of information, confidentiality, processing-use and communications and other issues.
8.1. The necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken in the system infrastructure of the SELLER, according to the nature of the information and transaction, within the scope of today's technical possibilities. However, since the information in question is entered from the BUYER device, it is the responsibility of the BUYER to take necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.
8.2. In addition to the consent and approval of the personal data and commercial electronic communications provided by the BUYER in other ways; The information obtained during the BUYER's membership to the INTERNET SITE and the purchases of the SELLER, C the provision of various products / services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications. For other commercial-social communications, it can be recorded, stored in printed / magnetic archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other forms with those specified and their successors indefinitely or for the period they anticipate. These data can also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing and the making of non-commercial and non-commercial electronic communications and other communications, in accordance with the legislation on the protection of personal data and the legislation on the protection of personal data, of existing and new information.
8.3. The BUYER can always stop the data usage and processing by reaching the SELLER through the specified communication channels and / or accessing the same channels legally or by using the right of rejection in the electronic communications sent to him. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or anonymised in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect information, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to the emergence of a result against him by automatic systems, the data is against the law. You can always apply to the SELLER through the above communication channels and get information on issues such as compensation in case of damage due to processing. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.4. Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial / complete use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes will be valid from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
8.6. The privacy-security policies and terms of use apply to other sites that can be accessed through the INTERNET SITE, and the SELLER is not responsible for any disputes and negative consequences that may arise.
GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER, and gives the necessary confirmation electronically. BUYER's; Confirming the preliminary information electronically, prior to the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the ordered service, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed. .
9.2. Each service subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period agreed with the BUYER, provided that it does not exceed the agreed period. If the service cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER, the contractual service is complete, in accordance with the qualifications specified in the order, and if any, the warranty documents, user manuals, the information and documents required by the work, to perform the work in accordance with the requirements of the legal legislation and in accordance with the principles of integrity and honesty without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may provide a different service of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual service, and if the contractual service fee is not paid for any reason or canceled in the bank records, the SELLER's obligation to deliver the contractual service will end.
9.7. BUYER, after the delivery of the service subject to the contract to the person and / or organization at the address indicated by the BUYER or the BUYER, in the event that the credit card belonging to the BUYER is not paid to the SELLER by the relevant bank or financial institution, the BUYER It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver within the contractual service period due to force majeure situations such as the occurrence of unforeseen and unpredictable situations that prevent and / or delay the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, replace the contractual service with a precedent, and / or postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid to him in cash and in lump sum within 14 days. For the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's 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 / her by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.
9.10. The BUYER will check the contractual service as soon as it receives; Incomplete and defective service will not be received from the SELLER. The delivered service will be deemed to be complete. The obligation to protect the service carefully after the delivery belongs to the BUYER. If the right of withdrawal is to be used, the service should not be used. The invoice must be returned.
9.11. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder'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 given while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and on the first notice of the SELLER.
9.13. The BUYER accepts and undertakes 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 penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, it cannot be involved in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for other members to use the services.
9.15. On the website of the SELLER, links may be given 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. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the website 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 will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.
RIGHT OF WITHDRAWAL
10.1. RECEIVER; In case the distance contract is related to the sale of goods, the product can use the right to withdraw from the contract by refusing the product without any legal or criminal liability and without any justification, provided that the SELLER is notified within 14 (fourteen) days from the delivery date to the person / organization at the address indicated. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts whose service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER 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 "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning.
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 amount and the documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notice to the BUYER and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the period of withdrawal.
f) If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL RIGHT
The goods that are prepared in line with the BUYER's request or explicitly personal needs and which are not suitable for return, such as underwear, swimwear and bikini bottoms, make-up materials, disposable products, items that are in danger of deterioration or that are likely to expire, are delivered to the BUYER. Products that are not suitable for health and hygiene if the package is opened by the BUYER after the receipt, products that are mixed with other products after delivery and cannot be separated by nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Immediate performance in electronic environment The return of the services provided or the intangible goods delivered to the consumer immediately, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, packaging is not possible in accordance with the Regulation. . In addition, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the approval of the consumer.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) and they must not be used.
DEFAULT AND LEGAL RESULTS
The PURCHASER agrees, declares and undertakes that, in the event that he defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
AUTHORIZED COURT
Complaints and objections in disputes arising from this contract, consumer problems within the monetary limits specified in the Law, where the consumer is located or where the consumer transaction is made, will be made to the arbitration committee or to the consumer court.
FORCE
When the BUYER makes the payment for the order placed on the Site, it 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 prior to the realization of the order.
SELLER:
RECEIVER:
HISTORY: