Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A.‘BUYER’; (hereinafter referred to as "BUYER" in the agreement)
B.‘SELLER’; (hereinafter referred to as "SELLER" in the agreement)
By accepting this Agreement, the BUYER accepts in advance that if the order subject to the Agreement is approved, it will be obliged to pay the order price and additional fees specified, such as shipping fee, tax, if any, and that it has been informed in this regard.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below shall refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERER: A natural or legal person who requests a good or service through the website of the SELLER person,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between SELLER and BUYER,
PROPERTY: The movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product with the characteristics and sales price specified below, which the BUYER ordered electronically through the SELLER's website named kilicpijama.com (hereinafter referred to as the "website").
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Fulser Kozmetik Sanayi ve Ticaret Anonim Şirketi
Address: Çalı Mah. Adabağlar Cad. No:16 Nilüfer Bursa
Phone: +90 533 307 93 26
Email: [email protected]
5. BUYER INFORMATION:
Person to be Delivered
Delivery Address:
Phone:
Email / Username:
6. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE CONTRACT
6.1. Basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are published on the SELLER's website. If a campaign is organized by the Seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below. Date:
Product Information:
Shipping Amount:
Total:
Payment Method and Schedule:
Delivery Date:
Delivery Person:
Delivery Address:
Delivery Method:
6.4. The shipping fee, which is the product shipping cost, will be paid by the SELLER.
7. INVOICE INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
E-mail/Username:
Invoice Delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
8. SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS RELATED RULES The privacy rules-policy and conditions specified below are valid for the protection, confidentiality, processing-use and communications of information on the WEBSITE and other issues.
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 on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the said information is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, in order to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER. 8.2. In addition to and confirmation of the permissions-approvals regarding personal data and commercial electronic communications given by the BUYER in other ways; BUYER's membership to the WEBSITE and the order of his/her purchasesThe information obtained from the SELLER may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period of time to be determined by the specified parties and their successors for the provision of various products/services and for all kinds of information, advertisement-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant authorities and courts when required by law. The BUYER has consented and allowed the use, sharing, processing of its current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above and for commercial and non-commercial electronic communications and other communications to be made to it.
8.3. BUYER may stop the data usage and processing by reaching the SELLER through the specified communication channels and/or by reaching the same channels in accordance with the legal procedure or by exercising the right of rejection in electronic communications sent to it at any time. According to the BUYER's clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if it wishes, its information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that its identity cannot be determined. BUYER may, if it wishes, always apply to the SELLER through the communication channels above and receive information on matters such as transactions regarding the processing of its personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against it by analysis with automatic systems, and compensation in case of damages incurred due to unlawful processing of data. Applications and requests regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.4. All intellectual and industrial rights and property rights regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use; except those belonging to other third parties according to the agreement of the SELLER; belong to the SELLER. 8.5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; these changes shall be valid from the moment they are announced by the SELLER on the WEBSITE or other appropriate methods. 8.6. The privacy-security policies and terms of use of other sites accessed from the WEBSITE shall apply to them, and the SELLER shall not be responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, is informed and has made the necessary confirmation electronically. BUYER accepts, declares and undertakes that he/she has correctly and completely obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information by SELLER by confirming the Preliminary Information electronically. 9.2. Each product subject to the contract will be delivered to BUYER or the person and/or organization at the address indicated by BUYER within the period specified in the preliminary information section on the website depending on the distance of BUYER's place of residence. If the product cannot be delivered to BUYER within this period, BUYER reserves the right to terminate the contract. 9.3. SELLER accepts, declares and undertakes to deliver the product subject to the Contract complete, in accordance with the qualities specified in the order and with the warranty documents, user manuals, information and documents required for the work, to perform the work in accordance with the standards and in accordance with the principles of honesty and integrity, free from all kinds of defects, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
9.5. SELLER is obliged to notify the BUYER of this situation if it cannot fulfill its obligations subject to the contract in case the fulfillment of the product or service subject to the order becomes impossible. It accepts, declares and undertakes to refund the total price to the BUYER within 14 days.
9.6. BUYER, for the delivery of the product subject to the Contract, confirms this Agreement electronically.i, accepts, declares and undertakes that if the contractual product price is not paid and/or is canceled in bank records for any reason, the SELLER's obligation to deliver the contractual product will end. 9.7. BUYER, if the contractual product price 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 contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes that it will send the product/products delivered to it to the SELLER within 10 (ten) days at the latest from the written notification of the SELLER regarding the issue, unused, undamaged, in the same condition as it was first sold, complete and undamaged, and that the shipping costs will be covered by the BUYER. Otherwise, the BUYER accepts and undertakes that all legal proceedings will be taken against it, including all kinds of damages and losses suffered by the SELLER. 9.8. If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In the case of payments made by the BUYER with a credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's account after it is refunded to the bank is completely related to the bank transaction process, BUYER cannot hold the SELLER responsible for possible delays.
9.9. SELLER has the right to reach BUYER for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other communication information specified by BUYER in the site registration form or updated by BUYER later. BUYER accepts and declares that SELLER may engage in the communication activities specified above towards BUYER.
9.10. BUYER will inspect the goods/services subject to the contract before receiving them; BUYER will not receive damaged and defective goods/services such as crushed, broken, torn 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 exercised, the goods/services shall not be used. The invoice shall be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach 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 present 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 card holder's bank stating that the credit card belongs to him/her. 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. BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website is true and that SELLER will compensate immediately, in cash and in one go for all damages that may be incurred by SELLER due to the untruthfulness of this information upon the first notification of SELLER.
9.13. BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will bind BUYER completely and exclusively.
9.14. BUYER may not use the SELLER's website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the material and moral rights of others. Furthermore, the member may not engage in activities that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).
9.15. Other websites that are not under the control of the SELLER and/or owned and/or operated by other third parties may be accessed through the SELLER's website.and/or other content may be linked. These links are placed for the purpose of facilitating navigation for the BUYER and do not support any website or the person operating that website and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract shall be personally responsible for this violation in penal and legal terms and shall hold the SELLER harmless from the legal and penal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership contract.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; If the distance contract is related to the sale of goods, the BUYER may use the right of withdrawal granted to him/her pursuant to the relevant legislation within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, provided that he/she notifies the SELLER in writing or verbally through customer services. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. The product/products must not be among the products for which the right of withdrawal cannot be exercised as specified in the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, or must not have suffered any damage that would prevent the product from being offered for resale outside of its usual use and must not have been used in this manner.
10.3. In case of exercise of this right;
a) The invoice of the product delivered to the 3rd party 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 returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
c) If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to his/her fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the proper use of the goods or products during the right of withdrawal period. d) The SELLER is obliged to receive the product/products in the condition they were first sold, together with the original invoice, with all shipping costs covered by the SELLER. The BUYER also has the right of withdrawal before the delivery of the product/products. e) The SELLER will receive the product/products that the BUYER will return due to the use of the right of withdrawal through the shipping company that the SELLER has a contract with and at a time (date) to be determined in advance by the SELLER. The SELLER must be contacted in order to learn the Cargo Company that the SELLER has a contract with as of the date this Agreement is approved. If the BUYER sends the product/products to be returned through a shipping company that the SELLER does not have an agreement with, the shipping cost will be covered by the BUYER. f) The BUYER accepts, declares and undertakes that if the BUYER requests a refund for the payments made by credit card, the refund will not be made in cash. g) In case the right of withdrawal is used, the price of the product/products will be returned to the BUYER within 14 (fourteen) days from the date the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment method used by the BUYER when purchasing. h) The refund made to the credit card will be made within the framework of the current refund procedures of the banks. In this context, in cases where payment is made in installments, the refund will be made within the framework of the current procedures of the banks. In the event that the SELLER cannot make a refund due to the BUYER's credit card being canceled/changed and/or inoperable for any reason, the BUYER is obliged to apply to the SELLER in writing with the documents received from the relevant bank regarding the issue and receive the money. In such a case, the BUYER cannot claim any delay damages, interest or similar claims from the SELLER under any name.
i) The BUYER must deliver the goods to the SELLER within 10 (ten) days from the date of notification regarding the use of the right of withdrawal.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, products that are prepared upon the BUYER's request or clearly in line with their personal needs and are not suitable for return, products that are at risk of rapid deteriorationAccording to the Regulation, it is not possible to return goods that have a guarantee or whose expiration date has passed, products that are not suitable for health and hygiene reasons to be returned if the packaging is opened by the BUYER after being delivered to the BUYER, products that are mixed with other products after being delivered and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, other than those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods delivered to the consumer instantly, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal regarding services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period, according to the Regulation.
In order for cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) to be returned, their packages must be unopened, untested, undamaged and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if the payment is made by credit card and the BUYER goes into default, the BUYER will pay interest within the framework of the credit card agreement with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; it may request the expenses and attorney fees that will arise from the BUYER and in any case, if the BUYER goes into default due to its debt, the BUYER accepts, declares and undertakes that it will pay the SELLER's losses and damages due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections arising from this contract shall be made to the consumer problems arbitration board or consumer court in the place where the consumer's residence is located or where the consumer transaction was made, within the monetary limits specified in the Law.
14. ENFORCEMENT
BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order he/she placed on the Site. SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by BUYER on the site before the order is placed.