1.TARAFLAR
This contract has been signed between the following parties within the framework of the provisions and conditions specified below. A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract) B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract) By accepting this contract, the BUYER agrees in advance that he/she will be obliged to pay the order amount, shipping fee if any, additional fees specified such as tax, upon approving the order subject of the contract, and acknowledges that he/she has been informed about this.
2. DEFINITIONS
This Agreement regulates the rights and obligations of the parties in connection with the sale and delivery of the product, which is described below with its specifications and sales price, by the SELLER to the BUYER through the electronic platform of the SELLER's website, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The prices listed and advertised on the website are the sales prices. The advertised prices and promises are valid until they are updated or changed. If a price is specified for a limited period, it is valid until the end of the specified period.
3. SUBJECT
The basic specifications of the product/service (type, quantity, brand/model, colour, quantity) are published on the SELLER's website. If the SELLER has organized a campaign for the product, you can review the basic specifications of the relevant product during the campaign period. The campaign is valid until the specified date. The prices listed and advertised on the website are the sales prices. The advertised prices and promises are valid until they are updated or changed. If a price is specified for a limited period, it is valid until the end of the specified period. The shipping cost of the product, which is the shipping cost, will be paid by the BUYER.
4. GENERAL PROVISIONS
4.1. The BUYER acknowledges, declares and undertakes that they have read the basic characteristics of the product subject to the contract, the selling price, the payment method, and the preliminary information regarding the delivery on the website belonging to the SELLER, and that they have obtained the necessary confirmation electronically. The BUYER acknowledges, declares and undertakes that they have obtained the correct and complete information about the address that the PRE-CONTRACTUAL INFORMATION must be given to the BUYER by the SELLER before the distance sales contract is concluded, the basic features of the products ordered, the prices of the products including taxes, payment and delivery information.
4.2. Each product subject to the contract is delivered to the BUYER or the person/organization designated by the BUYER at the address indicated in the preliminary information on the website within the time specified, not exceeding 30 days, depending on the distance of the BUYER's place of residence. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
4.3. The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the specified specifications in the order, along with warranty documents, user manuals, and other necessary information and documents required by the job, in compliance with the legal requirements, free from any defects, and in a manner compatible with the standards, to maintain and improve the quality of service, to show the necessary care and diligence during the performance of the job, and to act with caution and foresight, as well as to declare and undertake.
4.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the performance obligation arising from the contract expires.
4.5. The SELLER acknowledges, declares and undertakes that if it cannot fulfil the contractual obligations regarding the product or service ordered in the event of the impossibility of fulfilling the delivery, it will inform the consumer in writing within 3 days from the date it learns of this situation, and will refund the total price to the BUYER within 14 days.
4.6. The BUYER acknowledges, declares and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the contract, and if, for any reason, the price of the product subject to the contract is not paid or cancelled in the bank records, the obligation of the SELLER to deliver the product subject to the contract will cease.
4.7. The BUYER acknowledges, declares and undertakes that if the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or the person/organization designated by the BUYER at the address, they will return the product subject to the contract to the SELLER within 3 days, with the shipping expenses belonging to the SELLER.
4.8. In case of events beyond the control and unforeseeable by the parties that prevent and/or delay the parties from fulfilling their obligations, the parties shall not be held responsible for the delay or non-performance of their obligations.
4.9. The SELLER has the right to contact the BUYER via mail, e-mail, SMS, phone call, and other communication channels, for marketing, notification, and other purposes, using the address, e-mail address, fixed and mobile phone lines, and other contact information specified in the registration form or updated by the BUYER later on the website. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities.
4.10. The BUYER shall inspect the goods/services subject to the contract before receiving them and shall not accept damaged and defective goods/services such as those with dents, cracks, torn packaging, etc. from the shipping company. The delivered goods/services will be deemed undamaged and sound. The obligation to protect the goods/services with care after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the goods/services should not be used, and the invoice must be returned.
4.11. If the holder of the credit card used during the order and the BUYER are not the same people, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request from the BUYER 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 bank of the cardholder indicating that the credit card belongs to them. If the BUYER fails to provide the requested information/documents, the order will be frozen until they do so, and if the said requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
4.12. The BUYER declares and undertakes that the personal and other information provided when becoming a member of the SELLER's website is accurate and that the BUYER will immediately and fully compensate for all damages that the SELLER may suffer due to the inaccuracy of this information upon the first notification by the SELLER.
4.13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising will be binding exclusively and entirely on the BUYER.
4.14. The BUYER shall not use the SELLER's website in any way that disrupts public order, violates general morality, harasses and annoys others, serves an unlawful purpose, or violates the material and moral rights of others. Furthermore, the member shall not engage in any activities that prevent or make it difficult for other users to use the services (such as spam, virus, Trojan horse, etc.).
4.15. Links to other websites and/or contents owned and/or operated by third parties that are not under the control of the SELLER may be provided through the SELLER's website. These links are provided to facilitate the access of the BUYER and do not imply any support for any website or the person operating the site or any warranty for the information contained on the linked website.
4.16. The member who violates one or more of the items listed in this contract will be personally responsible for the criminal and legal consequences of such violation.
5. RIGHT OF WITHDRAWAL
5.1. If the distance contract concerns the sale of goods, the BUYER may exercise the right of withdrawal without assuming any legal or criminal liability and without giving any reason by rejecting the product within 14 (fourteen) days from the date of delivery to themselves or the person/organization they have designated for delivery, provided that they inform the SELLER. In distance contracts related 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 that have been started with the consumer's consent before the expiration of the withdrawal period. The expenses 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 in advance.
5.2. To exercise the right of withdrawal, it is required to notify the SELLER in writing by registered mail, fax, or e-mail within the 14-day period and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot be Used" provisions specified in this contract. In case this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER must be sent along with the returned product (if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation. Order returns issued on behalf of corporations cannot be completed without the issuance of a RETURN INVOICE.)
b) Return form,
c) The box, packaging, and standard accessories of the products to be returned must be delivered completely and undamaged.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them and to receive the product within 20 days.
e) If there is a decrease in the value of the product due to the fault of the BUYER or if a return becomes impossible, the BUYER is obliged to compensate for the damages of the SELLER in proportion to their fault. However, the BUYER shall not be held responsible for any changes or damages that occur due to the proper use of the product during the right of the withdrawal period.
f) If the amount of the campaign limit issued by the SELLER is exceeded due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign shall be cancelled.
6. NON-RETURNABLE PRODUCTS UNDER THE RIGHT OF WITHDRAWAL
Products that are prepared according to the buyer's request or explicitly for personal needs and cannot be returned, underwear bottoms, swimsuit bottoms, makeup products, disposable products, goods that may easily deteriorate or have expired after delivery, products that are not suitable for return due to health and hygiene reasons once the packaging is opened by the buyer, products that are mixed with other products after delivery and cannot be separated by their nature, goods relating to periodic publications such as newspapers and magazines, electronic services or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and storage devices, computer consumables, cannot be returned as per the regulation once the packaging is opened by the buyer. Furthermore, the right of withdrawal cannot be exercised for services that have started with the consumer's approval before the end of the right of withdrawal period as per the regulation. Cosmetic and personal care products, underwear, swimsuits, books, copyable software and programs, DVD, VCD, CDs, and stationery consumables (toner, cartridge, ribbon, etc.) must not have been opened, tried, damaged, or used in order to be eligible for return.
7. DEFAULT AND LEGAL CONSEQUENCES
If the buyer defaults on the payment by using a credit card, they accept, declare and undertake that they will pay interest to the bank within the framework of the credit card agreement between the cardholder bank and themselves, and that they will be responsible to the bank. In this case, the relevant bank can resort to legal action and demand expenses and attorney fees from the buyer. In any case, the buyer accepts, declares and undertakes that they will pay for any damage or loss incurred by the seller due to the buyer's delayed performance of the debt in case they default on their debt.
8. AUTHORISED COURT
In case of disputes arising from this contract, complaints and objections will be made to the consumer dispute resolution committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows: As of May 28, 2014:
a) For disputes with a value below 2,000.00 (two thousand) TL, the district consumer arbitration committees will be applied according to Article 68 of Consumer Protection Law No. 6502.
b) For disputes with a value below 3,000.00 (three thousand) TL, the provincial consumer arbitration committees will be applied.
c) In metropolitan cities, disputes between the values of 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL will be resolved by provincial consumer arbitration committees. This contract is made for commercial purposes.
9. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the website, it is considered that they have accepted all the terms of this contract. The SELLER is responsible for making the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this contract on the website prior to the completion of the order.