The Agreement herein has entered into force between the following parties in accordance with the terms and conditions set forth below.
- 'THE BUYER', (hereinafter referred to as "BUYER")
- 'THE SELLER', (hereinafter referred to as "SELLER")
By signing this Agreement, the BUYER accepts in advance that if it approves the purchase order subject to the agreement, it will enter into the obligation to pay the price of the order, including the additional fees, if any, such as shipping fee and taxes and that it has been informed thereof.
In the Agreement, the following terms shall have the meanings herein assigned to them.
MINISTER shall refer to the Minister of Customs and Trade,
MINISTRY shall refer to the Ministry of Customs and Trade,
LAW shall refer to the Law on Consumer Protection No. 6502,
REGULATION shall refer to the Distance Contracts Regulation (Official Gazette: November 27, 2014/29188),
SERVICE shall refer to all consumer transactions other than the supply of goods that are made or promised to be made in exchange for a fee or benefit,
SELLER shall refer to the company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the supplier,
BUYER shall refer to the natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE shall refer to the SELLER website,
ORDERING PARTY shall refer to the natural or legal person who requests a good or service through the SELLER website,
PARTIES shall refer to the BUYER and SELLER,
AGREEMENT shall refer to the agreement herein that has concluded between the SELLER and the BUYER,
GOODS shall refer to both tangible goods, subject to buying and selling, and intangible goods produced for use in electronic environments, such as software, sound, and image.
3. SUBJECT OF THE AGREEMENT
This Agreement governs 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, regarding the sale and delivery of the product, the features and sale price of which are specified below, ordered electronically by the BUYER through the SELLER's website.
The prices listed and published on the website are the sale prices. The published prices and promotions shall be valid until updated or changed. Prices set for a specific period of time shall be valid until the end of the said period.
4. SELLER INFORMATION
5. BUYER INFORMATION
Person to be delivered
6. ORDERING PARTY INFORMATION
7. PRODUCT(S) INFORMATION
1. The basic features (type, quantity, brand/model, color) of the Goods/Product(s) are published on the SELLER's website. If the SELLER starts a campaign, the basic features of the products can be reviewed throughout the campaign. Valid until the campaign date.
7.2. The prices listed and published on the website are the sale prices. The published prices and promotions shall be valid until updated or changed. Prices set for a specific period of time shall be valid until the end of the said period.
7.3. The sale price of the goods or services subject to the Agreement, including all taxes, is shown below.
Payment Method and Plan
Person to be delivered
7.4. The shipment fee shall be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery: The invoice shall be delivered along with the order
to the billing address.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that it has read and been informed of the preliminary information on the basic features, sale price, payment method, and delivery of the product subject to the Agreement, granting the necessary approval electronically. Before the BUYER confirms the preliminary information electronically and the distance sales contract is established, the BUYER also accepts, declares, and undertakes that it has accurately and wholly obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or a person and/or the institution at the address given by the BUYER within the period of time specified in the preliminary information, depending on the distance to the address submitted by the BUYER, provided that the delivery period does not exceed the legal period of 30 days. The BUYER reserves the right to terminate the Agreement if the product cannot be delivered to the BUYER within this period.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement wholly, in conformity with the features specified in the order, and along with warranty documents, user manuals, and relevant information and documents, if any; to perform its duty properly and free from defect, under the standards and prerequisites stipulated in the relevant regulations, as well as in line with the principles of integrity and honesty; to maintain and improve service quality; to show due diligence while performing its work; and to act with prudence and foresight.
9.4. The SELLER may supply the buyer a different product of equal quality and price, provided that it informs the BUYER and obtains BUYER's explicit approval before the contractual obligation expires.
9.5. The SELLER accepts, declares, and undertakes that if it cannot perform its contractual obligations due to inability to supply the product or service subject to the Agreement, it shall inform the consumer thereof within 3 days upon the time of discovery and return the price paid for the said product or service to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that it will confirm the Agreement herein electronically for the delivery of the product subject to the Agreement and that in cases where the price of the said product cannot be paid and/or the payment is canceled by the bank for any reason, the obligation of the SELLER to deliver the said product shall end.
9.7. The BUYER accepts, declares, and undertakes that if the price of the product subject to the Agreement is not deposited by the respective bank or financial institution to the SELLER due to unfair use of the BUYER's credit card by unauthorized persons after the said product is delivered to the BUYER or a person/an institution at the address given by the BUYER, the BUYER shall return the said product within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the Agreement within the specified period of time due to force majeure, that is, the circumstances that are beyond the control of the parties and hinder and/or delay parties to fulfill their contractual obligations. In such a case, the BUYER reserves the right to request from the SELLER the order cancellation, the product substitution, and/or the delay of delivery until the impediment is removed. If the order is canceled by the BUYER and the product price was paid in cash, the said price shall be returned to the BUYER within 14 days in cash and in full. As for payments made by the BUYER via credit card, the product price shall be returned to the respective bank within 14 days upon the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that it may take 2 to 3 weeks on average for the returned amount to be deposited back into its account by the bank and that it will not hold the SELLER responsible for such possible delays since this transaction is entirely related to the bank processes.
9.9. The SELLER is entitled to make use of the residential address, email address, landline and mobile phone numbers, or other contact information of the BUYER, specified during the website registration or updated later, to contact the BUYER via letters, emails, SMS, phone calls, and other means of communication, for marketing, promoting, notification, and other purposes. By signing this Agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall check the goods/services subject to the Agreement during delivery and refuse to receive the damaged and defective product/service that is dented, broken, torn, etc., from the courier. The goods/services that are received shall be deemed to be undamaged and intact. The responsibility to duly store the goods/services after delivery shall be borne by the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned in such a case.
9.11. In cases where the BUYER and the holder of the credit card used in payment are not the same persons or a security breach is detected regarding the credit card used during the order placement prior to the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, and the latest statement of the credit card used in the payment, or a letter from the bank of the cardholder confirming the authenticity of the credit card. The order shall be suspended until the BUYER submits the requested information/documents, and the SELLER reserves the right to cancel the order if the aforementioned requests are not met within 24 hours.
9.12. The BUYER declares and undertakes that the personal and other kinds of information it has provided while signing up on the SELLER's website is true and that it will immediately indemnify all damages incurred by the SELLER due to the inaccuracy of this information, upon the first notification of the SELLER, in cash and in full.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the relevant law and regulation and not to violate them when using the SELLER's website. Otherwise, the BUYER shall be wholly and exclusively responsible for all consequent legal and penal liabilities.
9.14. In no way can the BUYER use the SELLER's website that causes the disruption of public order, the violation of public morals, the disturbance and harassment of others, infringement on the material and moral rights of others, or for any other unlawful purposes. In addition, the member cannot engage in activities involving malware (spam, virus, trojan horse, etc.) that prevent or complicate the use of the services by other members.
9.15. The SELLER may make use of outlinks that direct users to other websites and/or other content that are not under the control of the SELLER, and/or owned and/or operated by third parties. Such outlinks are used for the purpose of providing ease of navigation to the BUYER. They do not necessarily imply support of any website or the person operating that website and do not constitute any guarantee regarding the content of the linked website.
9.16. Members who violate one or more of the articles of the Agreement shall be personally and criminally responsible for such violations and exempt the SELLER from any legal and penal outcomes of such violations. Additionally, if such violations are taken to law, the SELLER reserves the right to request indemnity from the member due to non-compliance with the membership Agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER is entitled to exercise its right of withdrawal from distance contracts about sales of products within 14 (fourteen) days after the delivery of the said product to the BUYER or a person or the institution at the address given by the BUYER, free from any legal or penal responsibilities and without giving any reason, provided that the SELLER is informed beforehand. As for the distance sales contracts about service provision, this period starts from the effective date of the agreement. In service contracts where the performance of the service is started with the consumer's approval, the right of withdrawal cannot be exercised before the expiry of the right of withdrawal. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By signing this Agreement, the BUYER accepts in advance that it has been informed of the right of withdrawal.
10.2. For the exercise of the right of withdrawal, the SELLER must be notified in writing within 14 (fourteen) days via certified mail, fax, or email, and the product must be unused and intact as per the provisions of the article of the Agreement titled "Products Ineligible for Withdrawal." If the right of withdrawal is to be exercised, the following must be returned along with the product in a full and undamaged manner:
a) The invoice of the product delivered to the BUYER or a third person (the return invoice issued by the respective institution must also be sent back while returning the product in question in cases where the invoice of the product to be returned is issued to a business. Return of products, the invoices of which are issued to businesses, cannot be completed unless the RETURN INVOICE is submitted),
b) Return form, and
c) The box, package, and if any, standard accessories of the respective product.
d) The SELLER is obligated to return the total price and the documentation binding the BUYER within 10 days at the latest and to accept the return of the product in question within 20 days upon the receipt of the withdrawal notification.
e) If product depreciation occurs due to BUYER's fault or the return becomes impossible, the BUYER shall be obligated to compensate the damages of the SELLER in proportion to its fault. However, the BUYER shall not be responsible for the changes and depreciation that may occur despite the appropriate use of the good or product within the withdrawal period.
f) If the total order price falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the campaign discount shall be canceled.
11. PRODUCTS INELIGIBLE FOR WITHDRAWAL
As per the Regulation, the right of withdrawal cannot be exercised for the following products: a) articles that are manufactured in line with the requests or personal needs of the BUYER, such as underwear bottoms, bathing suit and bikini bottoms, makeup materials, single-use products, b) goods that are likely to spoil quickly or expire, c) items that are not suitable for return for reasons of health protection and hygiene whose package is opened by the BUYER after the delivery, d) commodities that mix with other products upon delivery and cannot be isolated due to their nature, e) periodicals such as newspapers and magazines - except for the ones delivered as a part of a subscription, f) services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, g) voice and video recordings, books, digital content, software, data recording, and storage devices if unpacked by the BUYER. Also, as per the Regulation, the right of withdrawal could not be exercised during the withdrawal period if the provision of the respective service started with the consumer's approval.
For the return of cosmetics and personal care products, undergarments, bathing suits, bikinis, books, reproducible software and programs, DVD, VCD, CD, and cassettes, as well as stationery consumables (toner, cartridge, ribbon, etc.), they must not be unpacked, tried out, damaged, or used.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that if it is in default for the cases where payment is made with a credit card, it will pay interest and have obligations to the respective bank as per the credit card contract between it and the bank. The BUYER accepts, declares, and undertakes that if the bank takes legal action or claim the BUYER to pay for the relevant expenses and attorney's fees or in any case, if the BUYER defaults due to its debt, the BUYER will compensate the loss borne by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
The complaints and appeals arising from the Agreement shall be governed by the local arbitration committee for consumer problems or consumer court where the consumer resides or where the consumer carried out the purchase transaction, within the monetary limit specified in the law below. Below is the information regarding the monetary limit:
Effective from May 28, 2014:
a) District consumer arbitration committees shall be referred to in disputes regarding orders the price of which is less than 2,000.00 (two thousand) Turkish Lira, as per Article 68 of Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees shall be referred to in disputes regarding orders the price of which is less than 3,000.00 (three thousand) Turkish Lira,
c) In metropolitan municipality provinces, provincial consumer arbitration committees shall be referred to in disputes regarding orders the price of which ranges between 2,000.00 (two thousand) and 3,000.00 (three thousand) Turkish Lira.
This is a commercial Agreement.
The BUYER shall be deemed to have agreed upon all provisions of this Agreement when payment of the order placed on the SELLER's website is completed. The SELLER is obligated to satisfy the required software arrangements to ensure that this Agreement has been read and accepted by the BUYER on the website before the BUYER confirms the order.