1. PARTIES

This contract is signed by the parties listed below under the terms and conditions specified here.

A. ‘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 acknowledges and agrees in advance that if they confirm the order subject to the contract, they will be obliged to pay the total price of the order, including any additional charges such as shipping fees and taxes, and that they have been informed about this.

2. DEFINITIONS

The terms listed below will have the following meanings in the implementation and interpretation of this contract.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: The Law on Consumer Protection numbered 6502,

REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188),

SERVICE: All consumer transactions other than the supply of goods, performed or promised to be performed 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 account of the supplier,

BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,

SITE: The internet site owned by the SELLER,

ORDERING PARTY: The natural or legal person requesting a good or service through the SELLER’s internet site,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract agreed upon between the SELLER and the BUYER,

GOODS: Movable goods subject to shopping and all kinds of intangible goods prepared for use in an electronic environment, such as software, sound, image, etc.

3. SUBJECT

This Contract regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection numbered 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualifications and sale price are stated below, ordered electronically by the BUYER through the SELLER’s website.

The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until updated and changed. Temporarily announced prices are valid until the end of the specified period.

4. SELLER INFORMATION

Title
Address
Telephone
Fax
Email

5. BUYER INFORMATION

Person to be delivered
Delivery Address
Phone
Fax
Email/username

6. ORDERING PARTY INFORMATION

Name/Surname/Title
Address
Phone
Fax
Email/username

7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT

7.1. 7.1. The basic features of the goods/product(s)/service (type, quantity, brand/model, color, quantity) are published on the SELLER’s internet site. If a campaign is organized by the SELLER, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.

7.2. 7.2. The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until updated and changed. Temporarily announced prices are valid until the end of the specified period.

7.3. 7.3. The total price including all taxes of the contractual goods or services is shown below.

Product Description
Quantity
Unit Price
Subtotal
(Including VAT) Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Person to be delivered
Billing Address
Order Date
Delivery Date
Delivery Method

7.4. 7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.

8. BILLING INFORMATION

Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address together with the order
during the order delivery.

9. GENERAL PROVISIONS

9.1. 9.1. The BUYER declares that they have read and are informed about the basic qualities of the product, the sales price and payment method, and the preliminary information about delivery on the SELLER’s website, and has given the necessary confirmation in electronic form. The BUYER acknowledges and declares that they have obtained the address to be given by the SELLER, the basic features of the ordered products, the prices including taxes, and payment and delivery information correctly and completely before the establishment of the distance sales contract.

9.2. 9.2. Each product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. 9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and to perform the work in accordance with the requirements of the legal legislation, free from all kinds of defects, in accordance with the standards, in a sound, honest, and accurate manner, maintaining and improving the service quality, showing the necessary care and diligence during the performance of the work, and acting with caution and foresight.

9.4. 9.4. The SELLER may supply a different product of equal quality and price to the BUYER before the performance period of the contractual obligation expires, provided that they inform the BUYER and obtain their explicit approval.

9.5. 9.5. If the SELLER fails to fulfill its contractual obligations in the event that the delivery of the ordered product or service becomes impossible, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of becoming aware of this situation, and to refund the total amount to the BUYER within 14 days.

9.6. 9.6. The BUYER accepts, 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 product subject to the contract price is not paid and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will end.

9.7. 9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER after delivery, and if the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized use of the BUYER’s credit card by unauthorized persons after delivery, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. 9.8. The SELLER accepts, declares, and undertakes that if it cannot deliver the product subject to the contract within the due period due to force majeure events that develop outside the will of the parties, that could not be foreseen and prevent and/or delay the fulfillment of the SELLER’s obligations, it will inform the BUYER of the situation. The BUYER also has the right to request the order to be canceled, the product subject to the contract to be replaced with an equivalent, if any, and/or the delivery period to be postponed until the hindering situation is eliminated. In the event of the cancellation of the order by the BUYER, if the payment was made in cash, the amount of the product is paid to them in cash and in full within 14 days. If the BUYER made the payment by credit card, the product amount will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares, and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER’s account by the bank may take 2 to 3 weeks, and the BUYER cannot hold the SELLER responsible for possible delays since this process is completely related to the banking transaction process.

9.9. 9.9. The SELLER has the right to communicate with the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means through the address, email address, fixed and mobile phone lines, and other contact information specified by the BUYER on the site registration form or later updated by themselves. By accepting this contract, the BUYER accepts and declares that the SELLER can engage in the above-mentioned communication activities towards them.

9.10. 9.10. The BUYER will inspect the goods/service subject to the contract before taking delivery; dented, broken, torn packaging, etc., damaged and defective goods/services will not be received from the courier company. The received goods/services will be considered undamaged and intact. The careful protection of 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. 9.11. If the BUYER and the credit card holder used during the order are not the same person or a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order, or a letter from the bank of the cardholder stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. 9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a user of the SELLER’s website is true, and the SELLER will immediately and in cash indemnify all damages incurred due to the untruthfulness of this information upon the first notification of the SELLER.

9.13. 9.13. The BUYER accepts and declares in advance that they will comply with the provisions of the legal legislation and not violate them while using the SELLER’s website. Otherwise, all legal and penal liabilities that will arise will completely and exclusively bind the BUYER.

9.14. 9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, in a way that infringes the material and moral rights of others. In addition, the user may not engage in activities that prevent or complicate the use of the services (spam, virus, trojan horse, etc.) by others.

9.15. 9.15. The SELLER’s website may contain links to other websites and/or other content that is not under the SELLER’s control and/or owned and operated by other third parties. These links are provided for the convenience of the BUYER and do not imply any form of endorsement or guarantee regarding the content of the linked websites or any connection with their operators. The SELLER has no responsibility for the websites or their content accessed through these links or any damages arising from the use of these websites.

9.16. 9.16. A breach of this Contract will result in termination of the BUYER’s use of the SELLER’s website and can lead to legal consequences, including claims for damages, penalties, and other liabilities. 9.17. In case of disputes arising from this Contract, the Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade and the Consumer Courts in the BUYER’s place of residence or the SELLER’s domicile will have jurisdiction.

10. RIGHT OF WITHDRAWAL

10.1. 10.1. If the BUYER is a consumer and the distance contract is related to the sale of goods, the BUYER has the right to withdraw from the contract by refusing the goods without any legal or penal responsibility and without providing any reason within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the BUYER notifies 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 where the provision of the service has started with the consumer’s approval before the end of the withdrawal period. The costs arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.

10.2. 10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail with return receipt, fax, or email within the 14 (fourteen) day period, and the product must not have been used in accordance with the provisions of the “Products for which the Right of Withdrawal Cannot be Exercised” stipulated in this contract. In the event of exercising this right:

a) 3. The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is issued to a corporate entity, it must be sent back with the return invoice issued by the institution. Returns of orders invoiced to corporate entities cannot be completed without a RETURN INVOICE.)

b) The return form,
c) The box, packaging, and standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total amount and return the documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notification and to accept the return of the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to the BUYER’s fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the withdrawal period.
f) If the limit amount set by the SELLER in a campaign is reduced due to the exercise of the right of withdrawal, the amount of the discount benefited from under the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Products that are prepared according to the BUYER’s requests or explicitly tailored to the personal needs of the BUYER, products that are not suitable for return, underwear bottoms, swimwear bottoms, makeup products, single-use products, goods that are at risk of spoiling quickly or have the potential to expire, products that are unsuitable for return in terms of health and hygiene if their packaging has been opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines, other than those provided under a subscription contract, services performed instantly in electronic environments 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 their packaging has been opened by the BUYER, cannot be returned in accordance with the Regulation. Additionally, it is not possible to exercise the right of withdrawal for services that have begun with the consumer’s approval before the withdrawal period expires, as per the Regulation.

For cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.), their packaging must be unopened, untested, undamaged, and unused in order to be eligible for return.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER falls into default in the case of making payment transactions with a credit card, they accept, declare, and undertake that they will pay interest and be responsible to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may pursue legal remedies; it may request the expenses and attorney fees arising from this from the BUYER, and in any case, if the BUYER falls into default due to their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or the consumer court located in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:

Effective from 01/01/2017, for applications to consumer arbitration committees for 2017, disputes with a value of:

a) Less than 2,400 (two thousand four hundred) Turkish Liras shall be submitted to the district consumer arbitration committees,
b) Between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status shall be submitted to the provincial consumer arbitration committees,
c) Less than 3,610 (three thousand six hundred ten) Turkish Liras in the centers of provinces without metropolitan status shall be submitted to the provincial consumer arbitration committees,
d) Between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in districts of provinces without metropolitan status shall be submitted to the provincial consumer arbitration committees.
This contract is made for commercial purposes.

14. ENFORCEMENT

The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed on the Site. The SELLER is obliged to make the necessary software arrangements to ensure that this contract is read and accepted by the BUYER on the site before the order is placed.
SELLER:
BUYER:
DATE: