1.PARTIES
This Agreement is signed between the following parties under the terms and
conditions stated below. A.BUYER ‘; (hereinafter referred to as "BUYER")
B.’SELLER‘; (hereinafter referred to as "SELLER")
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts that in case the contract subject
confirms the order, it will be under the obligation to pay the additional fees
stated such as the price of the order and, if applicable, the shipping fee, tax,
and has been informed about it.
2.DESCRIPTIONS
In the application and interpretation of the present contract, the following
written terms shall express the written explanations. MINISTER: The Minister of
Customs and Trade, MINISTRY: The Ministry of Customs and Trade, LAW: Law No.
6502 on Consumer Protection, REGULATION: Distance Contracts Regulation (Official
Gazette: 27.11.2014 / 29188) SERVICE: The subject of any consumer transaction,
other than providing goods that are committed to or made in return for a fee or
benefit,
SELLER: The company acting in the name or account offering goods to the consumer
or offering goods within the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses or makes use of a good or
service for commercial or non-professional purposes,
SITE:
ORDERER: A real or legal person who requests a good or service on the web site
of the SELLER,
PARTIES:
SELLER and BUYER,
CONTRACT: The contract concluded between the SELLER and the BUYER,
GOODS : means the movable goods subject to shopping and the software prepared
for use in the electronic environment, sound, image and other intangible goods.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance
with the provisions of Law No. 6502 on the Protection of the Consumer and the
Regulation on Distance Contracts with respect to the sale and delivery of the
specified product and the sale price of the below mentioned product, where the
BUYER ordered the order electronically through the website of the SELLER. The
prices listed and announced on the site are the sale price. The advertised
prices and promises are valid until they are updated and modified. The prices
announced in the period are valid until the end of the specified period.
4. SELLER INFORMATION
TITLE
ADDRESS
TELEPHONE
FAX
EMAIL
5. BUYER INFORMATION
ORDERER
DELIVERY ADDRESS
TELEPHONE
FAX
EMAIL / USERNAME
6. PERSON INFORMATION OF THE ORDER
NAME/ SURNAME / TITLE
ADDRESS
TELEPHONE
FAX
EMAIL / USERNAME
7. SUBJECT OF THE CONTRACT PRODUCT / PRODUCTS
The basic characteristics (type, quantity, brand / model, color, number) of the
Goods / Product / Products / Service are published on the website of the SELLER.
If the campaign is organized by the seller, you can review the basic features of
the product during the campaign.
7.2. The prices listed and announced on the site are the sale price. The
advertised prices and promises are valid until they are updated and modified.
The prices announced in the period are valid until the end of the specified
period.
7.3. The selling price of the goods or services subject to the contract,
including all taxes, is shown below.
ITEM DESCRIPTION
PIECE/QUANTITY
PRICE
TOTAL SHIPPING AMOUNT
TOTAL:
PAYMENT METHOD AND PLAN
DELIVERY ADDRESS
PEOPLE TO DELIVER
BILLING ADDRESS
ORDER DATE
DELIVERY DATE
DELIVERY METHOD
7.4. The shipping cost will be paid by the BUYER.
8. INVOICE INFORMATION
NAME / SURNAME / TITLE
ADDRESS
TELEPHONE
FAX
EMAIL / USERNAME
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the Supplier shall read the
preliminary information about the basic properties, sales price and payment
method and delivery of the product subject to the contract on the internet site
of the SELLER and give the necessary confirmation in the electronic environment.
The receiver; Before the establishment of the distance sales contract, the
seller accepts, declares and undertakes that the seller must have the right
address, the basic properties of the products ordered, the price of the products
including taxes, payment and delivery information, .
9.2. Each product subject to the contract shall be delivered to the person and /
or organization at the address indicated by the BUYER or BUYER within the period
specified in the preliminary information on the website, depending on the
location of the BUYER, provided that it does not exceed the legal period of 30
days. In the event that the product cannot be delivered to the BUYER within this
period, the BUYER has the right to terminate the contract.
9.3. SELLER, the product of the contract complete, in accordance with the
qualifications specified in the order and if the warranty documents, user
manuals are required by the work of the information and documents to submit, in
accordance with the requirements of the legal regulations free from all kinds of
shame, in accordance with the standards of work in accordance with the
principles of honesty and honesty to accept, to maintain the quality of service,
to pay attention to the necessary attention and care during the performance of
the business, prudence and to act with the foresight, acceptance and commitment.
9.4. The SELLER may supply a different product at equal quality and price by
informing the BUYER and expressly obtaining its approval before the contractual
performance obligation expires.
9.5. If the contractor fails to fulfill the obligations of the contract if the
product or service subject to the order becomes impossible, the Seller accepts,
declares and undertakes that it will inform the consumer in writing within 3
days from the date of learning, and will return the total price to the BUYER
within 14 days.
9.6. The BUYER accepts, declares and undertakes that the SELLER shall terminate
the obligation to deliver the product subject to the contract if the Purchaser
shall confirm this Agreement electronically for the delivery of the product, if
the reason of the contract is not paid and / or canceled in the bank records for
any reason.
9.7. If the BUYER is not paid by the related bank or financial institution to
the SELLER as a result of the unfair use of the credit card belonging to the
BUYER by the unauthorized person after the delivery of the product subject to
the contract to the person and / or organization indicated by the BUYER or BUYER,
the BUYER It accepts, declares and undertakes that it will return the
transportation cost to the SELLER within 3 days.
9.8. The SELLER accepts, declares and undertakes to inform the BUYER of the
situation if the contractor cannot deliver the product in due time due to force
majeure situations such as the occurrence of unforeseeable and unforeseen
circumstances which prevent the parties from fulfilling their obligations and /
or delay the fulfillment of their obligations. The PURCHASER shall also be
entitled to request the Seller to request the cancellation of the order,
replacement of the product subject to the contract with its precedent and / or
postponement of the delivery period until the preventive situation is removed.
In case of the cancellation of the order by the BUYER, in the case of the
payments made by the BUYER in cash, the product amount shall be paid to the
seller within 14 days. In the case of payments made by the BUYER with a credit
card, the product amount shall be returned to the bank within 14 days after the
cancellation of the order by the BUYER. BUYER, the amount returned to the credit
card by the SELLER by the bank to the account of the average process to be
reflected to the account of the BUYER, this amount is reflected in the account
of the BUYER after the return of the bank account is completely related to the
bank transaction process, the BUYER for possible delays, the SELLER accepts,
declares and undertakes that it cannot hold responsible.
9.9. SELLER is the address, e-mail address, fixed and mobile phone lines and
other contact information through 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 agreement, BUYER accepts and
declares that the SELLER may engage in the communication activities mentioned
above.
9:10. The BUYER shall inspect the goods / services subject to the contract
before receiving; dents, broken, torn packaging etc. damaged and defective goods
/ services will not take delivery from the cargo company. The delivered goods /
services shall be deemed to be undamaged and intact. Careful protection of the
goods / services after the delivery belongs to the BUYER. Goods / services
should not be used if the right of withdrawal is used. Invoice must be returned.
9:11. If the credit card holder used during the order is not the same person or
the product is delivered to the BUYER, if the security card used in the order is
identified, the SELLER shall provide the identity and contact details of the
credit card holder and the credit card used in the order of the previous month.
or from the cardholder's bank to submit a letter indicating that the credit card
belongs to him / her. The order will be frozen in the period until the purchase
of the information / documents requested by the BUYER and if the claims are not
met within 24 hours, the SELLER has the right to cancel the order.
9:12. The Purchaser declares and undertakes that the personal and other
information given to the SELLER when it becomes a member of the SELLER shall be
true and that the Seller shall indemnify all damages to be incurred due to the
unfairness of this information immediately upon the first notification of the
SELLER, in full and in cash.
9:13. The BUYER accepts and undertakes to comply with the provisions of the
legal legislation and not to violate them when using the internet site of the
SELLER. Otherwise, all legal and penal obligations will be completely and
exclusively connected to the BUYER.
9:14. The BUYER cannot use the web site of the SELLER in any way to disrupt the
public order, to violate the general morality, to disturb and harass the others,
for an unlawful purpose, to infringe on the material and moral rights of others.
In addition, the member cannot engage in any activity (spam, virus, trojan horse,
etc.) that may prevent or make others use the services.
9:15. The SELLER's website may be linked to other websites and / or other
content owned and / or operated by third parties under the SELLER's own control.
These links are provided to ease the orientation to the BUYER and do not support
any website or the person who operates 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 mentioned in this
contract shall be personally and criminally and legally responsible for such
violation and shall keep the SELLER free from the legal and criminal
consequences of such violations. Also; In the event that the incident is
referred to the legal area due to this violation, the SELLER reserves the right
to claim damages for non-compliance with the membership agreement against the
member.
10. RIGHT OF RETURN
10.1. RECEIVER;
In case the distance contract is related to the sale of goods, within 14 (fourteen)
days from the date of delivery of the product to the person / organization at
the address indicated by him, he may use the right of withdrawal from the
contract without giving any legal and criminal responsibility and without giving
any justification provided that he informs the SELLER. In the case of distant
contracts for service provision, this period shall commence on the date of
signing the contract. Before the expiry of the right of withdrawal, the right of
withdrawal may not be used in the service contracts that are executed 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 it has been
informed about the right to withdraw by accepting this agreement.
10.2. In order to use the right of withdrawal, written notice to the SELLER via
registered mail, fax or e-mail must be made within 14 (fourteen) days, and the
product must not be used in accordance with the provisions of the taahhüt
Products which cannot be Declined, issued in this contract. If this right is
used, a) The invoice of the product delivered to the 3rd person or the BUYER, (If
the invoice of the product to be returned is institutionalized, it must be sent
with the return invoice issued by the institution when it is returned. The order
refunds issued on behalf of the institutions will not be completed unless the
refund invoice is issued.)
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the
invoice of the product to be returned is institutionalized, it must be sent with
the return invoice issued by the institution when it is returned. The order
refunds issued on behalf of the institutions will not be completed unless the
refund invoice is issued.)
b) Return form,
c) Products to be returned must be delivered complete and undamaged with the box,
package and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents which
undermine the BUYER to the BUYER within a period of 10 days after the
notification of the revocation has been received and to return the goods within
20 days.
e) If there is a decrease in the value of the goods or a return is not possible
due to a reason caused by the BUYER's fault, the PURCHASER is liable to
compensate the losses of the SELLER at the rate of the BUYER defect. However,
the PURCHASER is not liable for any changes or alterations caused by the proper
use of the product or the product within the period of withdrawal right.
f) In case of lowering the campaign limit amount set by the SELLER due to the
exercise of the right of withdrawal, the discount amount used in the campaign
shall be canceled.
11. RESIDENTIAL STATE AND LEGAL RESULTS
In case the BUYER defaults in the case of payment by credit card, the cardholder
agrees, declares and undertakes that he / she will pay the interest within the
framework of the credit card agreement with the bank and be responsible to the
bank. In this case, the Bank may apply for legal remedies; If the BUYER is in
default due to the debt of the BUYER, BUYER accepts, declares and undertakes
that the seller will pay the loss and loss due to the delayed performance of the
debt.
12. AUTHORIZED COURT
Complaints and appeals in disputes arising out of the present contract shall be
made to the arbitral tribunal or to the consumer court where the consumer's
place of settlement or the consumer transaction within the monetary limits
specified in the following law. Information on the monetary limit is as follows:
For applications to be submitted to consumer arbitration committees for 2017,
effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two
thousand four hundred) Turkish Lira,
b) provincial consumer arbitration committees in disputes between 2,400 (two
thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and
ten) Turkish Liras in 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 without
metropolitan status,
d) Provincial consumer arbitration committees were assigned in the disputes
between 2,400 (two thousand four hundred) Turkish Liras and 3.610 (three
thousand six hundred ten) Turkish Liras in the districts which are not
metropolitan. This Agreement is for commercial purposes.
13. EFFECTIVENESS
When the BUYER performs the payment for the order it gives through the Site, it
is deemed to have accepted all the terms of this contract. The SELLER is obliged
to make the necessary software arrangements in order to obtain confirmation that
the contract has been read and accepted by the BUYER on the site prior to the
realization of the order.
SELLER:
YILMAZ CALISKAN
ALTINOVA MAH. BUTTIM IS MERKEZI A-1/NO:76 16250 OSMANGAZI –
BURSA / TR
REGISTRATION – ULUDAG - 2270242535
RECEIVER:
DATE: