1.PARTIES
This contract has been signed between the following parties within the framework of the terms and conditions stated below.
- ‘BUYER’; (will referred to as “BUYER” from now on in the contract)
- ‘SELLER’ (will referred to as “SELLER” from now on in the contract)
NAME – SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the contract subject confirms the order, they will be under the obligation to pay the price subject of the order and, if any, additional charges such as shipping fee, tax, and that they has been informed about it.
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: It is the subject of any consumer transaction other than providing products that are made or committed to be made in return for a fee or benefit.
SELLER: The company that offers products to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the products.
BUYER: Real or legal person who acquires, uses or makes use of a product or service for commercial or non-professional purposes.
SITE: The website belongs to the SELLER
ORDERING PARTY: A real or legal person who requests a product or service through the website of the SELLER.
PARTIES: SELLER and BUYER
CONTRACT: It is this contract concluded between the SELLER and the BUYER.
PRODUCT: Software, sound, image and similar intangible products prepared for use in the movable products subject to shopping and electronic media.
- SUBJECT
This Contract is the right of the parties in accordance with the provisions of the Law on the Protection of the Consumer No 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below or in additional copies, which the BUYER has ordered electronically through the SELLER’s website and regulates its obligations.
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
- BUYER INFORMATION
Person to be delivered
Delivery address
Telephone
Fax
Email / username
- ORDERING PERSON INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
- CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
7.1 The basic characteristics (type, quantity, brand / model, color, number) of the good / product / products / 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 selling price of the products or services subject to the contract, including all taxes, is shown below.
Product description, Piece, Unit price, Subtotal
(VAT included)
In total:
Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
Delivery date
Delivery method
7.4 The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
- INVOICE 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.
- GENERAL PROVISIONS
9.1 The BUYER accepts, declares and undertakes that they have read the preliminary information about the basic characteristics of the product, the sales price and payment method and the delivery on the website of the SELLER, and gives the necessary confirmation in electronic environment. The BUYER confirms the preliminary information electronically, before the establishment of the distance sales contract, and make sure the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are also correct and complete.
9.2 Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or to the BUYER within the period specified in the preliminary information section on the website, provided that it does not exceed the legal period of 30 days, depending on the distance of the BUYER. 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 accepts to deliver the product subject to the contract in full, in accordance with the specifications specified in the order, and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work within the principles of integrity and honesty and 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 supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the contractual performance obligation expires.
9.5 If the SELLER fails to fulfill the contractual obligations or service subject of the order becomes impossible, the SELLER accepts, declares and undertakes that they 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 they will confirm this Agreement electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or is canceled in the bank records, the SELLER’s obligation to deliver the contractual product will end.
9.7 The BUYER, 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 unauthorized use of the credit card of the BUYER 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, accepts, declares and undertakes that they 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 that if they cannot deliver the product subject to the contract within due time due to some situations such as the occurrence of unforeseen and unpredictable situations that prevent the parties from fulfilling their debts, the SELLER accepts, declares and undertakes that they will notify the BUYER. The BUYER also has the right to demand from the SELLER to cancel the order, replace the product subject to the contract with a precedent, and / or postpone the delivery period until the obstacle is eliminated. In case the order is canceled by the BUYER, the payments made by the BUYER in cash, the amount of the product is paid to them in cash within 14 days. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. Because the amount transfered to the bank account is a different process, it might take 2-3 weeks for the money to get to the BUYER. The BUYER accepts that the SELLER is not responsible for the delay.
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 them can be used by the BUYER by letter, e-mail, SMS, phone call and other means of communication, for marketing, notifying and 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 inspect the contractual product / service before receiving it; crushed, broken, torn packaging, etc. The BUYER will not take the damaged and defective products / services from the cargo company. The delivered products / services will be deemed undamaged and intact. Careful protection of the products / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the products / services should not be used. The invoice must be returned.
9.11 In the event that the credit card 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 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 such information, immediately, in cash and once upon the first notification of the SELLER.
9.13 The BUYER accepts and undertakes to comply with the provisions of the legal regulations 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 will not use the SELLER’s website for an illegal purpose, in a way that disrupts public order, violates general morality, disturbs and harasses others, infringing on the material and moral rights of others. In addition, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
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 to facilitate the orientation to the BUYER and do not support any website or the person operating the 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 will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In addition, 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 TO WITHDRAWAL
10.1 If the distance contract is related to the sale of products, the BUYER may use the right to withdraw from the contract by refusing the product without any legal or criminal liability and without any justification within 14 (fourteen) days after it was delievered to them or the person/organization at the address indicared, with notifying the SELLER. In distance contracts for service provision, this period starts from the date the contract is signed. 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 they have 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. In cases this right is exercised,
- a) Invoice of the product delivered to the 3rd party 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 it. Order returns whose invoices are issued on behalf of institutions will not be completed unless the RETURN INVOICE is 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 under debt to the BUYER within 10 days from the receipt of the withdrawal notice and to get the products 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 liable to compensate the damages of the SELLER at the rate of their 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.
11.PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL
Products that are prepared with the BUYER’s request or explicitly personal needs and that are not suitable for return, underwear, swimwear and bikini bottoms, make-up materials, disposable products, items that are in danger of deterioration or that may expire Products that are not suitable for health and hygiene if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery, products related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, immediate services in electronic environment or intangible products delivered immediately to consumers, and if the package of audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables is opened by the BUYER, it is not possible to return according to the regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the consent of the consumer. Cosmetic and personal care products, underwear products, swimwear, bikini, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) must be intact and unused.
- DEFAULT AND LEGAL RESULTS
The BUYER agrees, declares and undertakes that, in the event that the payment is made 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; They may request the costs and the counsel’s fee from the BUYER and in any case, if the BUYER goes into default due to the debt, the BUYER accepts that they will pay for the damage and loss that the seller suffered due to the delayed performance of the debt.
- AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitration committee or the consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is below:
The value for applications to be made to consumer arbitration committees for 2017, effective from 01/01/2017:
- a) District consumer arbitration committees for disputes under 2.400 (two thousand four hundred) Turkish Liras,
- b) Consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (over three thousand six hundred) Turkish Liras in provinces with metropolitan status,
- c) Provincial consumer arbitration committees for disputes under 3.610 (three thousand six hundred and ten) Turkish Lira in the centers of provinces that are not in metropolitan status,
- d) For the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in the districts of the provinces that do not have metropolitan status, provincial consumer arbitration committees have been assigned.
This Agreement is made for commercial purposes.
- ENFORCEMENT
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 before the order is realized.
SELLER:
BUYER:
DATE: