Distance Sales Agreement
|Adres||:MACUN MAHALLESİ 177. CADDE TİMKO-2 İŞYERLERİ SİTESİ NO:19/ L5 YENİMAHALLE / ANKARA|
|Phone||: 0312 387 33 35|
|Fax||: 0312 387 33 36|
Our company is a member of Ankara Chamber of Commerce (ATO), the electronic contact information of the ATO’s professional code of conduct is as follows: www.ato.org.tr
ARTICLE 2. SUBJECT OF THE AGREEMENT
2.1 The subject of this contract is the sale and delivery of the product, the characteristics and sales price of which are given below, which the real or legal person (“Buyer”) who has signed this contract has ordered electronically from the website http www.iskiyafetiniz.com (“Website”) belonging to the Seller. It is the determination of the rights and obligations of the parties in accordance with the Law on the Protection of Consumers No. 6502, the Regulation on Distance Contracts and other relevant legislation. The provisions of the Code of Obligations and the Turkish Commercial Code shall apply to BUYERs who are not considered consumers.
2.2 Buyer, Seller’s name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs etc. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed by the seller clearly, comprehensibly and in accordance with the internet environment, that it has confirmed this preliminary information in electronic environment and then ordered the goods in accordance with the provisions of this contract.
2.3 Preliminary Information on the Website and the invoice issued on the order given by the Buyer are integral parts of this contract.
ARTICLE 3. CONTRACT PRODUCT(S), DELIVERY, PAYMENT INFORMATION
This part includes the type, name and type, code, quantity, amount, brand/model, sales price, payment method, recipient, delivery price, estimated delivery date, delivery method, orderer of the Product(s) received electronically by the Buyer. and by filling in the information to be provided about the recipient information to be delivered and the invoice information; will be customized to suit each individual order.
Invoice Delivery: The invoice will be sent via e-mail to the e-mail address specified during order delivery; A copy of the e-invoice will be delivered with the product on delivery.
For the delivery of the product/products subject to the contract, this contract must be approved and delivered to the SELLER electronically, and the price must be transferred to the SELLER’s account with the payment method preferred by the CUSTOMER/BUYER. If the price of the product is not transferred to the SELLER’s account or is canceled in the bank records, the SELLER is deemed to be relieved of the product delivery obligation.
The Orderer, Delivery Buyer or Invoice Payee may belong to the same person and/or belong to different persons. The Orderer is responsible for all information given and approved if it belongs to different persons. The Orderer accepts that the information specified in this article is correct. In case the Buyer cannot be reached with the information given, the SELLER is not responsible and all responsibility belongs to the Orderer. Uncertain places such as parking lot, front door, parking cannot be shown as a delivery address; Even if the order is displayed, the order is not delivered. It is essential that the delivery address is a workplace, apartment, house, shop or places where the customer’s belonging is certain. CUSTOMER/BUYER accepts and declares these provisions.
ARTICLE 4. ISSUES THAT ARE PRELIMINARY INFORMED TO THE BUYER
The Buyer accepts, declares and undertakes that he has been informed about the following issues, before the Buyer accepts this Agreement on the Website and is informed before he undertakes both the order and the payment obligation, and that he has been informed by reading the “Order and Contract Preliminary Information Text” on the Website. it does.
Title and contact information of the Seller, information about the chamber of commerce and up-to-date introductory information,
Information about the basic features of the product(s), total price including taxes, shipping costs,
Delivery, invoice and payment information of the product(s),
Shipping restrictions stipulated by the Seller for the Products,
In cases where the Buyer has the right of withdrawal, the Buyer will lose his right of withdrawal if the right is not exercised in due time, with the terms, duration and procedure of using this right,
Products for which the Buyer does not have the right of withdrawal,
In cases where there is a right of withdrawal, how to return the Products to the Seller and all related financial issues (including return methods, cost and refund of the Product price and discounts and deductions that can be made for the reward points earned/used by the Buyer during the return),
Purpose-appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the acquisition from the Website,
In case of dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
ARTICLE 5. ORDER & PAYMENT TERMS
This service is for retail and end use only. The SELLER reserves the right to cancel the order and not to deliver, even if the preliminary information form and/or sales contract for wholesale and “resale” orders has been formed. In case the order is canceled for this reason, it is returned by the SELLER in the same way as the price of the products paid by the CUSTOMER/BUYER.
The TL amount of the products selected by the Buyer, including the VAT (total installment amounts in installment transactions) and all costs, including the shipping fee, if any, are processed through the payment method chosen by the Customer, after the Buyer’s approval, and after the payment, the Buyer receives the order confirmation before the Products are shipped. e-mail is sent. No shipment will be made until the Order Confirmation e-mail is sent.
In cases where the product/products subject to the contract are not in stock, the SELLER informs the ORDERER/BUYER of the situation and the total price paid by the ORDERER/BUYER and any documents that put him under debt are sent to the ORDERER/BUYER within 14 days at the latest. The SELLER has the right not to deliver the product/products subject to the contract, provided that it is returned.
ARTICLE 6. CONDITIONS OF SHIPMENT AND DELIVERY
6.1 The Seller shall send the Products via the contracted cargo company within a maximum of 30 days. If this cargo company does not have a branch in the Buyer’s location, the Buyer must receive the Product from the nearest branch of the cargo company within 7 days at the latest; Otherwise, the Buyer is responsible for all damages and expenses.
6.2 In the event that the Buyer is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. In case there is no one to take delivery at the address, it is the Buyer’s responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, all kinds of damages arising from the late delivery of the Product by the Buyer and the expenses incurred due to the fact that the Product has been waited in the cargo company and/or the return of the cargo to the Seller shall also belong to the Buyer.
6.3 The Buyer is responsible for checking the Product as soon as it is received and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the Cargo company official. Otherwise, the Seller will not accept responsibility.
6.4 If the Product cannot be delivered within the legal time due to force majeure, the Seller shall immediately notify the Buyer of this situation. In this case, the Buyer may cancel the order or wait until the force majeure situation ends. In the event that the Product cannot be supplied by the Seller, the Seller shall clearly inform the Buyer within 3 days after learning of this situation and the Buyer shall cancel the order. With the cancellation of the order by the Buyer, the Seller is obliged to return the total price paid by the Buyer and any documents that put him under debt, if any, within 14 days at the latest. In such a case, the Buyer shall not claim any additional material and moral damages from the Seller.
6.5 If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the Seller or demands a refund of the price paid, the Product shall be returned to the Seller by the Buyer within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the Buyer, the shipping costs will be borne by the Buyer. All other contractual-legal rights of the Seller, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
7.1 The Buyer has the right to withdraw from the order-Contract within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, the Buyer may use his right of withdrawal within the period from the conclusion of the Contract until the delivery of the Product.
In determining the period of the right of withdrawal;
a) For the goods that are subject to a single order and delivered separately, the day on which the CUSTOMER/BUYER or the third party determined by the CUSTOMER/BUYER receives the last goods,
b) For goods consisting of more than one piece, the day on which the CUSTOMER/BUYER or the third person determined by the CUSTOMER/BUYER receives the last piece is taken as a basis.
The CUSTOMER/BUYER must send the product to the SELLER together with the withdrawal notice to the SELLER.
The CUSTOMER/BUYER is obliged to return the goods to the SELLER or the person to whom it is authorized within fourteen days from the date of the notification regarding the use of the right of withdrawal. All kinds of returns are made without breaking the packaging (protection band) of the product.
The decrease in the value of the goods received by the CUSTOMER/BUYER or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, the CUSTOMER/BUYER accepts and declares to compensate the SELLER for the decrease in the value of the goods caused by his own fault.
7.2 Unless agreed otherwise in writing by the parties, the Buyer cannot legally exercise its right of withdrawal regarding the following Product/service(s), even if it has not been used:
a) Products or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the Seller,
b) Products prepared in line with the Buyer’s requests or personal needs (those that are customized to the person/personal needs by making changes/additions),
c) Products that can perish quickly or expire,
d) Products that are not suitable for return in terms of health and hygiene since their protective elements such as packaging, tape, seal, package have been opened after delivery;
e) If it has been opened, used and tried after delivery, its return is not suitable in terms of health-hygiene; products such as body cream, body oil, body lotion, etc.,
f) Products that are mixed with other products after delivery and cannot be separated due to their nature,
g) Services started to be performed with the Buyer’s approval before the expiry of the right of withdrawal.
7.3 The Buyer must direct the notification that he has exercised his right of withdrawal to the Seller as follows, in writing or with a permanent data store, within the above-mentioned period.
7.3.1. Before the delivery of the right of withdrawal to the courier company for the delivery of the products to the Buyer, the notification that the right of withdrawal has been exercised shall be sent to the SELLER’s postal address, telephone number, fax number and e-mail address specified in Article 1, in writing within the period specified in this article or by sending the permanent data carrier to the SELLER. or directing is sufficient.
7.3.2. In case the right of withdrawal is exercised following the delivery of the products to the courier company to be delivered to the Buyer, the Buyer shall complete the return form on the back of the invoice delivered with the product, and return the Products, complete and undamaged, together with the box, packaging, and standard accessories, if any. It will be forwarded to the courier company. For product returns whose invoices are issued on behalf of institutions, a return invoice must be issued.
7.4 In case the right of withdrawal is exercised, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days at the latest from the date on which the notification of withdrawal is made to the Seller. The shipping cost of the returned Product shall be borne by the Seller, provided that the Seller’s contracted cargo company is used.
7.5 The Seller shall pay all the collected payments, including the product price and, if any, the delivery costs of the goods to the consumer, within 14 days from the date of receipt of the withdrawal notice, provided that the right of withdrawal is duly fulfilled by the Buyer in a timely manner. shall return it to the Buyer in accordance with the means of payment. Delivery costs collected from the Customer shall be borne by the Seller only if all products subject to the same order are returned.
7.6 The Seller may receive a discount on the Product price and/or all kinds of reward points, if any, from the Buyer in cases of legal withdrawal and other order-Contract cancellations. The rights of collection and deduction of monetary values are reserved.
7.7 In cases where the right of withdrawal is not stipulated by law, the right of withdrawal cannot be utilized, and the Buyer loses the right of withdrawal in cases where this right is not used duly or on time.
7.8 If there is more than one product in the order placed by the Buyer and the Buyer wants to return some of these products, the Buyer can use the right of withdrawal for these products only after the delivery of the product.
7.9 The products sold over the internet in the Seller’s retail stores are not refundable.
7.10 This information is provided for commercial purposes in accordance with the distance communication tools used and within the framework of the principles of good faith, in a way to protect the minors and the adults who lack the power of discrimination or who are limited.
ARTICLE 8. MATTERS REGARDING PRIVACY, INFORMATION SECURITY, PERSONAL DATA AND INTELLECTUAL RIGHTS
8.1 Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure of the Seller, within the scope of the technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the Receiver device, it is the Receiver’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the Receiver and cannot be accessed by unrelated persons.
8.2 The Buyer can always stop the data usage-processing and/or communications by contacting the Seller through the specified communication channels. According to the clear notification of the Buyer on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the buyer wishes, he can object to the emergence of a result against him by means of the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect information, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the analysis with automatic systems. You can always apply to the Seller through the above communication channels and get information on issues such as the elimination of damages due to the processing of the product. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
8.3 With regard to all kinds of information and content of the Internet Site and their arrangement, modification and partial/complete use; Except for those belonging to other third parties according to the Seller’s agreement; All intellectual and industrial rights and property rights belong to the Seller.
8.4 The Buyer can always access and review the Preliminary Information and Contract text sent to the e-mail address following its approval by saving and keeping the aforementioned e-mail in the permanent data storage. The Seller will also keep the Preliminary Information and Contract text in their systems for a period of three years.
8.5 The Buyer declares that the personal information he/she has given in this application form is correct, and that all data such as shopping and personal information to be given under any circumstances within the scope of the order, together with this information, shall be limited to those specified here with the Seller, even if the Buyer’s membership is terminated for whatever reason. affiliates, subsidiaries, any service provider companies it works with within the scope of the Program, and their shareholders and employees (“Program Collaborators”), the processing of this data by the Program Collaborators, and the information in the application form not being updated or incorrect information is provided. accepts and declares that the Seller and/or Program Collaborators are not responsible for any damages.
8.6 Learning to the Buyer whether his personal data is being processed, requesting information about it if his personal data has been processed, learning the purpose of processing his personal data and whether they are used in accordance with its purpose, knowing the third parties to whom the personal data is transferred, incomplete or incorrect processing of personal data to request the correction of these, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the law, to request notification of the third parties to whom personal data has been transferred regarding the correction, deletion or destruction of personal data, to reveal a result against the person himself by analyzing the processed data exclusively through automated systems. It has been reported that they have the right to object to the removal of the data and to demand the compensation of the damage in case of loss due to the illegal processing of personal data.
ARTICLE 9. FORCE MAJEURE
9.1 Conditions that do not exist or are not foreseen at the date of signing of the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (Natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.
9.2 During the continuation of the force majeure, the parties shall not be liable for failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 10. AUTHORIZED COURTS AND EXECUTION OFFICES IN CASE OF DISPUTES
The Consumer can reach the Seller via the communication channel below regarding the problems experienced during or after the shopping on the Seller’s website.
Phone: 0312 387 33 35
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year by the Ministry of Customs and Trade, and Consumer Courts in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or the Seller’s domicile (residence) if he wishes.
ARTICLE 11. STATEMENT OF ACCEPTANCE AND APPROVAL
The Buyer accepts that he has read all the conditions and explanations written in this Agreement and in the Preliminary Order-Contract Preliminary Information, which is an integral part of the Website, the main feature-qualities of the Product(s) subject to sale, sales price, payment method, that he has prior knowledge of all matters including delivery conditions, all other preliminary information-information about the Seller and the Product subject to sale, the right of withdrawal, and personal information, that he has seen, read, and accepted the content of the entire Internet Site in electronic form By giving confirmation-approval-acceptance-permission, it accepts and declares that it accepts the provisions of this Agreement by ordering the Product.
In order to conclude the Distance Sales Contract, this contract must be electronically approved by the CUSTOMER.
This contract becomes valid after it is signed electronically by the CUSTOMER and delivered to the SELLER.
I have read the Distance Sales Agreement, I accept and approve its content.