1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’ ; (hereinafter referred to as “BUYER” in the agreement)
B. ‘SELLER’ ; (hereinafter referred to as “SELLER” in the agreement)
NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges in advance that if they confirm the order subject to this agreement, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms listed below shall have the meanings indicated opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject matter of any consumer transaction other than the provision of goods, performed or promised to be performed for a fee or benefit,
SELLER: The company that provides goods to the consumer within the scope of its commercial or professional activities, or acting on behalf of or for the account of the provider of goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER. The website,
ORDERER: The natural 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: Refers to the movable goods and intangible goods such as software, sound, image and similar items prepared for use in an electronic environment, which are the subject of the purchase.
3. SUBJECT
This Contract regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product, whose characteristics and sales price are specified below, which the BUYER ordered electronically through the SELLER’s website.
The prices listed and advertised on the site are sales prices. The advertised prices and offers are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. Valid until the campaign date.
7.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal
(VAT Included)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost, which is the product delivery expense, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the billing address along with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the SELLER’s website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
9.2. Each product subject to this contract will be delivered within a legal period not exceeding 30 days, depending on the distance to the BUYER’s place of residence, as indicated in the preliminary information section on the website.
The product will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the specified period. 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, declares, and undertakes to deliver the product subject to this Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and necessary information and documents; to deliver the product free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner; to perform the work with accuracy and honesty; to maintain and improve service quality; to exercise the necessary care and diligence during the performance of the work; and to act with caution 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 expiration of the performance obligation arising from this contract.
9.5. The SELLER acknowledges, declares, and undertakes that if the fulfillment of the order for the product or service becomes impossible, and the SELLER is unable to fulfill its contractual obligations, it will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the product, and that if the price of the product is not paid for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product will cease.
9.7. The BUYER acknowledges, declares, and undertakes that if, after the delivery of the product to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER’s credit card, the BUYER will return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product within the specified time due to force majeure events, such as unforeseen circumstances beyond the parties’ control that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 14 days for payments made by the BUYER. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER’s account after its return to the bank is entirely related to the bank’s processing time; therefore, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER via letter, email, SMS, telephone call, and other means for communication, marketing, notification, and other purposes, using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities directed towards them.
9.10. The BUYER shall inspect the goods/services subject to this contract before taking delivery; they shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. The goods/services received will be considered undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before delivery to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the cardholder’s bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER acknowledges that the personal and other information provided while registering on the SELLER’s website is accurate and truthful, and that the SELLER shall not be liable for any inconvenience caused by the inaccuracy of this information.
9.13. The BUYER declares and undertakes to compensate the SELLER for all damages incurred, immediately, in cash and in full, upon the SELLER’s first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with and not violate the provisions of legal legislation while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.15. Links may be provided on the SELLER’s website to other websites and/or other content that are not under the control of the SELLER and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not endorse any website or the person operating that website, nor do they constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the clauses in this agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to court, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract relating to the sale of goods, the BUYER may exercise their right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated, provided that they notify the SELLER, without incurring any legal or criminal liability and without giving any reason. In distance contracts relating to 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 expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must be unused, in accordance with the “Products for which the Right of Withdrawal Cannot Be Exercised” provisions set forth in this contract. If this right is exercised, the following must be submitted:
a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obliged to return the total amount and any documents that obligate the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice and to take back the goods within 20 days.
e) If there is a decrease in the value of the goods or if return becomes impossible due to a fault of the BUYER, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or product within the cancellation period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared according to the BUYER’s request or explicitly according to their personal needs and which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, makeup products, disposable products, goods that are likely to spoil quickly or whose expiration date may pass, products that are not suitable for return for health and hygiene reasons if the packaging is opened by the BUYER after delivery, products that are 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 a subscription contract, 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 data storage devices, computer consumables, if the packaging has been opened by the BUYER.
Returns are not possible according to the Regulation. Furthermore, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer’s consent before the expiration of the withdrawal period, according to the Regulation.
For cosmetic and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.), the packaging must be unopened, untried, undamaged, and unused in order for them to be returnable.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment when using a credit card, they acknowledge, declare, and undertake that they will pay interest and be liable to the cardholder bank within the framework of the credit card agreement between them and the bank. In this case, the relevant bank may resort to legal action; The SELLER may demand from the BUYER the expenses and attorney’s fees that will arise, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to pay the SELLER for the damages and losses incurred due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer court of the manufacturer’s place of residence, within the monetary limits specified in the following law. Information regarding monetary limits is as follows:
Effective from 28/05/2014:
a) In accordance with Article 68 of Law No. 6502 on Consumer Protection, disputes with a value below 2,000.00 (two thousand) TL shall be referred to district consumer arbitration boards,
b) In disputes with a value below 3,000.00 (three thousand) TL, applications shall be made to provincial consumer arbitration boards,
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL shall be referred to provincial consumer arbitration boards.
This Agreement is made for commercial purposes.
14. EFFECTIVE DATE
The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order placed through the Site. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the website before the order is processed.
SELLER:
BUYER:
DATE:
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