By accepting this contract, the BUYER acknowledges in advance that if the order subject to the contract is confirmed, the BUYER will be obliged to pay the order amount and any additional fees such as shipping and taxes as specified, and has been informed of this.
DEFINITIONS
The following terms shall have the meanings set opposite them for the application and interpretation of this Agreement:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Distance Contracts Regulation (OG: 27.11.2014/29188),
SERVICE: the subject of any consumer transaction other than the provision of goods, which is performed or undertaken for a fee or benefit,
SELLER: the company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or for the account of such a company,
BUYER: a real or legal person who acquires, uses or benefits from a good or service for non-commercial and non-professional purposes,
SITE: the website belonging to the SELLER,
ORDERER: a real or legal person who requests a good or service through the SELLER's website,
PARTIES: the SELLER and the BUYER,
CONTRACT: this contract concluded between the SELLER and the BUYER,
GOODS: movable goods subject to trade, and intangible goods such as software, sound, image and similar items prepared for use in electronic media.
SUBJECT
This Agreement regulates the rights and obligations of the parties pursuant to Law No. 6502 on Consumer Protection and the Distance Contracts Regulation regarding the sale and delivery of the product, whose characteristics and sale price are stated below, which the BUYER ordered electronically through the SELLER's website.
Prices listed and announced on the site are sale prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, color, number of units) are published on the SELLER's website. If a campaign is organized by the Seller, you may review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.
Prices listed and announced on the site are sale prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
The sale price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal (VAT Included)
Shipping Amount
Total:
Payment Method and Plan
Delivery Address
Person to be Delivered to
Invoice Address
Order Date
Delivery Date
Delivery Method
Shipping costs for product delivery shall be paid by the BUYER.
INVOICE INFORMATION
Name / Surname / Title
Address
Phone
Email / username
GENERAL PROVISIONS
The BUYER accepts, declares and undertakes that the BUYER has read and been informed about the basic characteristics of the product subject to the contract, the sale price and payment method, and preliminary information regarding delivery on the SELLER's website, and has given the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER also accepts, declares and undertakes that prior to the conclusion of the distance sales contract, the BUYER has obtained correctly and completely the address, basic characteristics of the ordered products, price of the products including taxes, and payment and delivery information that the SELLER was required to provide to the BUYER.
Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, but not exceeding 30 legal days. The BUYER's right to terminate the contract in the event that the product cannot be delivered to the BUYER within this period is reserved.
The SELLER accepts, declares and undertakes to deliver the product subject to the contract complete, in accordance with the specifications stated in the order, and together with warranty certificates, user manuals and other necessary information and documents, free from any defects, in sound condition in accordance with standards and in compliance with legal requirements, to act within the principles of integrity and honesty, to maintain and improve service quality, to exercise due care and attention during performance, and to act with caution and foresight.
The SELLER may supply a different product of equivalent quality and price by informing the BUYER and obtaining the BUYER's explicit consent before the expiry of the contractual performance period.
The SELLER accepts, declares and undertakes that if the SELLER cannot fulfil its contractual obligations due to the impossibility of fulfilling the ordered product or service, the SELLER will notify the consumer in writing within 3 days from the date of learning of this, and will refund the total amount to the BUYER within 14 days.
The BUYER accepts, declares and undertakes to confirm this Agreement electronically for delivery of the product subject to the contract, and that in the event that the price of the product subject to the contract is not paid for any reason and/or is cancelled in bank records, the SELLER's obligation to deliver the product subject to the contract shall cease.
The BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days, with shipping costs borne by the SELLER, if after delivery of the product the BUYER's credit card is unlawfully used by unauthorized persons and the price of the product is not paid to the SELLER by the relevant bank or financial institution.
The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered on time due to force majeure events arising beyond the control of the parties, which are unforeseeable and which prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER cancellation of the order, replacement of the product with its equivalent (if available), and/or postponement of the delivery date until the obstacle is removed. For payments made in cash, the product amount shall be paid to the BUYER in cash in a lump sum within 30 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 30 days from the cancellation. The BUYER accepts, declares and undertakes that the average processing time for the amount refunded to the credit card to be reflected in the BUYER's account may be 2 to 4 weeks, and since this is entirely related to the banking process, the BUYER cannot hold the SELLER responsible for any possible delays.
The SELLER has the right to reach the BUYER by letter, e-mail, SMS, telephone calls and other means via the contact information provided by the BUYER in the registration form on the site or subsequently updated, for purposes of communication, marketing, notification and other purposes. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities directed at the BUYER.
The BUYER shall inspect the goods/services subject to the contract before taking delivery; the BUYER shall not accept damaged or defective goods/services (crushed, broken, torn packaging, etc.) from the courier company. Received goods/services shall be deemed undamaged and intact. The obligation to take care of the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
If the BUYER and the holder of the credit card used at the time of the order are different persons, or if a security vulnerability related to the credit card used in the order is detected before delivery, the SELLER may request the BUYER to present the identity and contact information of the card holder, the statement of the credit card for the previous month, or a letter from the card holder's bank confirming that the card belongs to the card holder. The order will be frozen until the BUYER provides the requested information/documents, and if such requests are not fulfilled within 24 hours, the SELLER has the right to cancel the order.
The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and that the BUYER will immediately, in full and in a lump sum compensate all damages that the SELLER suffers due to the inaccuracy of such information, upon the SELLER's first notification.
The BUYER accepts and undertakes from the outset to comply with the provisions of the applicable legislation when using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall be borne entirely and exclusively by the BUYER.
The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to public morals, harasses or persecutes others, for any illegal purpose, or in a way that infringes the material and moral rights of others. Furthermore, the member may not engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for others to use the services.
Through the SELLER's website, links may be provided to other websites and/or other content that is not under the SELLER's control and/or owned and/or operated by third parties. These links are provided solely for the convenience of the BUYER's navigation and do not constitute an endorsement of any website or the person operating it, and do not constitute any guarantee regarding the information contained on the linked website.
A member who violates one or more of the provisions of this contract shall be personally liable criminally and legally for such violation and shall indemnify the SELLER from the legal and criminal consequences of these violations. Furthermore, in the event that the matter is brought before a court of law due to such violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
RIGHT OF WITHDRAWAL
The BUYER may, in the event the distance contract concerns the sale of goods, exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the designated address, without any legal or criminal liability and without stating any reason, provided that the SELLER is notified. For distance contracts concerning the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiry of the withdrawal period. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges in advance that the BUYER has been informed about the right of withdrawal.
To exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail with acknowledgment of receipt, fax or email within 14 (fourteen) days, and the product must not have been used within the scope of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions of this contract. If this right is exercised:
The invoice of the product delivered to a 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; returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued).
Return form,
The products to be returned must be delivered complete and undamaged together with their box, packaging and standard accessories (if any).
The SELLER is obliged to refund the total amount and the documents placing the BUYER in debt to the BUYER within at most 10 days from the date of receipt of the withdrawal notice, and to accept the return of the goods within 20 days.
If, due to a fault of the BUYER, the value of the goods decreases or the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deterioration of the goods or product resulting from its proper use within the withdrawal period.
If, due to the exercise of the right of withdrawal, the purchase amount falls below the campaign limit set by the SELLER, the discount amount enjoyed under the campaign shall be cancelled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods prepared in accordance with the buyer's request or explicit personal needs that are not suitable for return; underwear bottoms, swimsuits and bikini bottoms, cosmetics, single-use products, goods at risk of rapid deterioration or expiry; products for which return is not appropriate on health and hygiene grounds once the packaging has been opened by the Buyer after delivery; products that have been mixed with other products after delivery and cannot be separated by their nature; goods relating to periodicals such as newspapers and magazines (except those provided under subscription contracts); services performed instantly in electronic form, or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables — if the packaging has been opened by the BUYER — cannot be returned pursuant to the Regulation. Furthermore, exercising the right of withdrawal in respect of services whose performance has begun with the consumer's consent before the expiry of the withdrawal period is also not possible pursuant to the Regulation.
For cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be eligible for return, their packaging must be unopened, untested, undamaged, and unused.
DEFAULT AND ITS LEGAL CONSEQUENCES
In the event that the BUYER defaults on credit card payments, the BUYER accepts, declares and undertakes to pay interest and to be liable to the bank under the credit card agreement concluded with the card-issuing bank. In this case, the relevant bank may pursue legal action; it may demand the resulting costs and attorney's fees from the BUYER, and in any event, if the BUYER defaults due to their debt, the BUYER accepts, declares and undertakes to compensate the SELLER for any losses and damages suffered due to the delayed performance of the debt.
COMPETENT COURT
Complaints and objections regarding disputes arising from this contract, within the monetary limits specified in the law below, shall be submitted to the consumer arbitration committee or consumer court at the place of residence of the consumer or where the consumer transaction was made. Information on monetary limits is as follows:
Effective from 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, for disputes with a value below 2,000.00 (two thousand) TL — to district consumer arbitration committees,
b) For disputes with a value below 3,000.00 (three thousand) TL — to provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL — applications shall be made to provincial consumer arbitration committees.
This Contract is made for commercial purposes.
ENTRY INTO FORCE
When the BUYER completes payment for the order placed on the Site, the BUYER is deemed to have accepted all terms and conditions of this contract. Prior to the placement of the order, 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.
