1. PARTIES
This Agreement is entered into between the following parties in accordance with the terms and conditions set forth below.
BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B.'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER has been informed that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and the additional fees specified such as shipping fee, tax, if any, and he has been informed about this.
2.DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall refer to the written explanations before them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in exchange 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 on behalf of the supplier of the goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: The real or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in electronic environment.
3. TOPIC
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below. The BUYER places an order electronically through the SELLER's website.
The prices listed and advertised on the site are the selling price. Announced prices and promises are valid until they are updated and changed. Periodically announced prices are valid until the end of the specified period.
4. SELLER INFORMATION
Title : Bijut Kiraz
Email :
[email protected]
WhatsApp: +90 (533)708 00 72
Fax: +90 (212) 327 76 94
5. BUYER INFORMATION
Person to deliver
Delivery address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. PRODUCT(S) SUBJECT TO CONTRACT INFORMATION
1. The basic characteristics (type, quantity, brand / model, color, number) of the Goods/Products/Services are published on the website of the SELLER. If a campaign is organized by the seller, you can review the main features of the relevant product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until they are updated and changed. Periodically announced prices are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(incl. VAT)
Shipping Amount
Sum:
Payment Method and Plan
Delivery address
Person to deliver
Billing Address
Order date
Delivery date
Delivery Method
7.4. The shipping fee, which is the product shipping fee, will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: Invoice with the order to the invoice address during order delivery
Communicated.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read and informed the basic characteristics of the product subject to the contract, the sales price and payment method and the preliminary information about the delivery on the website of the SELLER and the information he has provided. Confirmation required electronically. BUYER's; It confirms the preliminary information electronically, accepts, declares and undertakes that the SELLER has received the address to be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic features of the ordered products, and the price of the products including the following: tax, payment and delivery information accurately and completely
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the remoteness of the BUYER's place of residence. It cannot exceed the statutory period of 30 days. In case the product cannot be delivered to the BUYER, the BUYER reserves the right to terminate the contract within this period.
9.3. The SELLER shall deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and in accordance with the provisions of the product subject to the contract, if any, in accordance with the warranty documents, information and documents required in the user manuals and without any defects. accepts, declares and undertakes to carry out the work in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of accuracy and honesty, to protect and increase the quality of service, to show the necessary care and to act with care, caution and prudence during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his explicit approval before the expiry of the performance obligation arising from the contract.
9.5. If the SELLER fails to fulfill the obligations subject to the contract in the event that the performance of 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 order. undertakes to return the date and total price to the BUYER within 14 days when it learns this situation.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract and that the SELLER's obligation to deliver the product subject to the contract will end if the product price subject to the contract is not paid. cancelled for any reason and/or in bank records.
9.7. The BUYER accepts, declares and undertakes that if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the credit card of the BUYER is not paid to the SELLER as a result of the unfair use by unauthorized persons. In the event that the product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days. Shipping costs incurred by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the period due to force majeure reasons such as the emergence of unforeseen circumstances that develop against the will of the parties and prevent and delay the fulfillment of the obligations of the parties, the SELLER declares and undertakes that he will notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with its counterpart, if any, and / or to postpone the delivery period until the disability situation is eliminated. In the event that the BUYER cancels his order, the product amount is paid to him in cash and in advance within 14 days in the payments made by the BUYER with cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER agrees that the process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank on average may take 2 to 3 weeks and the return to the bank from the reflection of this amount on the BUYER's accounts is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER via address, e-mail address, fixed and mobile phone lines and other contact information by letter, e-mail, SMS, telephone call and other means of communication, marketing, notification and other purposes. Specified by the BUYER in the registration form on the site or updated later by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER can carry out the above-mentioned communication activities on behalf of himself.
9.10. The BUYER shall inspect the goods/services subject to the contract before receiving it; will not receive damaged and defective goods / services such as dents, broken, broken packaging, etc. from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the owner of the credit card used during the order are not the same person or if a security gap is detected with the credit card used in the order before the product is delivered to the BUYER, the SELLER may make a request to the BUYER. presenting the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or a letter from the cardholder's bank stating that the credit card belongs to him/her. The order will be frozen within the period until the BUYER provides the information / documents subject to the request and the SELLER has the right to cancel the order if the above-mentioned requests are not met within 24 hours.
9.12. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the site is in accordance with the truth and that the SELLER will immediately and cash compensate all damages that the SELLER will suffer due to the untruthfulness of this information. and in advance upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and criminal responsibilities that may arise are fully and exclusively binding on the BUYER.
9.14. The BUYER may not use the website of the SELLER in any way that will disrupt public order, contrary to general morality, disturb and harass others, for an unlawful purpose, in a way that violates the material and moral rights of others. In addition, the member may not take part in activities (spam, viruses, trojan horses, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the website of the SELLER, links may be given to other websites and / or other contents owned and / or operated by other third parties that are not under the control of the SELLER and / or other third parties. These links have been placed for ease of redirection to the BUYER and do not support any website or the person operating that 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 agreement shall be personally and criminally responsible for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; In the event that the incident is transferred to the legal field due to this violation, the SELLER reserves the right to demand compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; If the distance contract is related to the sale of goods, the SELLER may exercise the right of withdrawal within 14 (fourteen) days from the date of delivery of the product to himself or to the person / organization at the address indicated. Provided that it notifies the SELLER, it may reject the goods without assuming any legal and criminal responsibility and without any justification. In the case of distance contracts for the provision of services, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal period, the right of withdrawal cannot be used in service contracts that start to perform the service with the approval of the consumer. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this agreement.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified within 14 (fourteen) days by registered mail, fax or e-mail with return receipt and the product must not be "used within the framework of the provisions of the article". Products Not Used within the Scope of the Right of Withdrawal" are specified in this contract. In case of exercise of this right,
a) The invoice of the product delivered to the 3rd person 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 when making the return. The RETURN INVOICE issued on behalf of the institutions will not be completed unless it is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER within 10 days at the latest following the receipt of the withdrawal notification and to return the goods within the 20-day period. .
e) In the event of a decrease in the value of the goods due to a reason arising from the PURCHASE, in the event of the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damage in proportion to the defect. However, the BUYER is not responsible for the changes and deterioration that occur due to the proper use of the goods or products during the right of withdrawal period.
f) In case the campaign limit amount organized by the SELLER falls below due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of deterioration quickly or that are likely to expire after delivery to the BUYER and that are not suitable to be returned after the packaging is opened. Products that are not suitable for health and hygiene after delivery to the BUYER and that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines other than those specified in this contract, subscription contract, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly and audio or video recordings, books, digital contents, software programs, data recording and data storage devices, computer consumables, If the packaging is opened by the BUYER, it is not possible to return it in accordance with the Regulation. In addition, in accordance with the Regulation, it is not possible to use the right of withdrawal for the services started to be performed with the approval of the consumer before the expiry of the right of withdrawal.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unpacked, untested, intact and unused. order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in credit card payment transactions, he will pay interest within the framework of the credit card agreement between the card holder and the bank and that he will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and the proxy fee from the BUYER and in any case, if the BUYER defaults due to the debt of the BUYER, the BUYER accepts, declares and undertakes that the SELLER will pay the damages and losses incurred by the SELLER due to the delay in the performance of the commitment. liability.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer issues arbitration committee or consumer court in the place where the consumer's place of residence is located or where the consumer transaction is carried out within the monetary limits specified in the following law. . Information about the monetary limit is as follows:
Effective from 01/01/2017, the value of applications to consumer arbitration committees for the year 2017 is:
a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,
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 that do not have metropolitan status,
ç) Provincial consumer arbitration committees have been appointed in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in the districts of the provinces that do not have metropolitan status.
This Agreement is concluded for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment of the order placed through the Site, he is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements in such a way as to confirm that this contract has been read and accepted by the BUYER on the site before the execution of the order.
VENDOR:
BUYER:
HISTORY:
