Mozaik Design and Decoration Industry and Trade Limited Company (“”Our Company””) is the party with whom you will make a contract for membership of www.mozaikdesign.com (“”Site””) over the internet.
Our contact information is as follows:
Address: Dereboyu Cad Toyota Plaza No:78 Ortaköy Beşiktaş/Istanbul
Telephone: +90 212 327 05 95
E-mail: [email protected]
Internet Address: www.mozaikdesign.com
(Mersis No: 6230000473). Our company is a member of the Istanbul Chamber of Commerce (ITO), you can learn about ITO’s code of conduct regarding the profession from www.ito.org.tr or 444 0 486.
For the establishment of this membership agreement, it is sufficient to enter the requested Member (membership) Information and the password you will determine, give the specified approval and / or permissions and press the [Complete Membership] etc. button. We kindly ask you to enter your name, e-mail address/mobile phone number and other mandatory information accurately, completely and completely; if you notice an error, please correct it. You can correct the deficiencies / errors you notice after the completion of the membership process in the My Account section you will access from the Member Login section or you can contact our Customer Service.
You may terminate your membership at any time you wish, with a verbal or written notification to our Company through the above-mentioned communication channels, without any justification and without penalty; likewise, our Company may terminate/suspend memberships for various reasons.
- The necessary measures for the security of the information and transactions provided by the members have been taken in the systems and internet infrastructure by our Company or the relevant organization according to the nature of the information and transaction. All credit card transactions and approvals in your use of our Site are carried out online between you and the relevant Bank and similar Card Organizations independently of our Company (Information such as credit card “password” is not seen and recorded by our Company).
- Information entered on our website for the purposes of membership, purchasing products/services and updating information, as well as sensitive confidential information of credit and debit cards cannot be viewed by other internet users.
- Information belonging to our members may be disclosed to relevant organizations within the framework of our responsibilities stipulated by legal regulations.
- Our members can stop commercial electronic communications at any time they wish and without any justification; by contacting our Company through the relevant communication channels specified (above-below) or by making the rejection process specified in our messages or by using the system established / established by the competent authorities, if any. According to the Member’s explicit notification in this regard, communications to the party for the channels specified by the Member will be stopped within the legal maximum period (possible-required transactions and communications according to the law will continue in any case).
- Our members can remove “cookies” and/or stop notifications from the operating system and/or internet browser settings of their computers and mobile devices at any time.
- The personal data of our members who change any information (including contact information) with the information update transactions you will make on our site and the permission they give regarding personal data and electronic commercial communication are also valid for the changed / new information. As such, our members who change their communication preferences and stop commercial electronic communication for any communication channel-address or make the rejection process in our commercial electronic messages, when they make a transaction on the membership page that they want to communicate, they continue to receive our commercial electronic messages from the relevant channel, without the need for any further permission / approval and regardless of their previous rejection notifications, if any, based on the approval they have given here and otherwise, but again until they change their communication preference from the membership page on our site or make a duly rejection notification for any commercial communication.
The Member who approves this Agreement by entering the information requested in the Membership Information to our Site; In addition to having previously seen-examined the information regarding personal data transactions and membership-customer services on our Site and / or in our stores,
- It declares and accepts that it has read and understood all the information and conditions written in this Information-Contract, that it will comply with all the obligations of the party in full and on time, and that it will bear the relevant rights and responsibilities.
- All intellectual-industrial rights and property rights, except those belonging to other third parties according to our Company’s agreement; all intellectual-industrial rights and property rights belong to our Company regarding all kinds of information and content related to our website and their arrangement, revision and partial/complete use.
- The members are responsible for the information obtained by the members from our Site or other sites / mobile applications / all kinds of notifications linked to our Site, information, promotion and advertisements made to them electronically, as well as the decisions they take within the framework of all kinds of suggestions, all kinds of transactions and applications and their results.
- In the event that the members are informed in the specified ways and / or purchase a product / service as a result of the communications, notifications, notifications, promotions and advertisements made to them, the said transaction is also subject to the consumer contract they will make with the seller / provider in accordance with the legal procedure. The consumer contract is enforced on its own terms and between its parties. In your purchases from our site, the terms of the order preliminary information form-distance sales contract (also), which you will see during each transaction, will apply.
Our Company reserves the right to make any changes that it may deem necessary in the above matters and in the products, services and opportunities it will offer to its members; these changes shall be effective from the moment they are announced by our Company on the Site / mobile application or other appropriate methods; all campaigns are subject to the announced terms.
You can consult our Company for additional information on all these issues.
Our members can report their requests and complaints to our Company through the following communication channels:
Address: Dereboyu Cad Toyota Plaza No:78 Ortakoy Beşiktaş/Istanbul
Telephone: +90 212 327 05 95
E-mail: [email protected]
Internet Address: www.mozaikdesign.com
We are pleased to meet our members’ justified demands-complaints and all kinds of applications.
www.mozaikdesign.com is the company of Mozaik Design and Decoration Industry and Trade Limited Company, where you are required to make a Distant Sales Contract (“Contract) for the order you place on our electronic commerce site. Our contact information is as follows (Address: Dereboyu Cad Toyota Plaza No:78 Ortaköy Beşiktaş/İstanbul E-mail: [email protected]) (Mersis No: 6230000473)
The technical stages-steps related to the purchase of the goods / services (“Product / Products”) subject to the order from our Website, which we will hereinafter refer to as the INTERNET SITE, by you, our esteemed Consumer (including those made through the application on your mobile device) and thus making the order-Contract, as well as the technical means for identifying-correcting errors during your information entries, have been specified on the relevant pages (by giving you the opportunity to take action in line with the warning messages you see) during your transactions so far. If there is an error in entering information (data) about your order on the WEBSITE, it is possible to continue by correcting the transaction in line with the relevant warning message, and it is possible to correct errors that may occur when entering your payment information in the same way. You can contact our Customer Service by phone for any data entry errors you notice after the completion of the payment process.
We do not sell products outside Turkey. If the cargo company that will make the delivery does not have a branch in your location, the Product must be picked up from another nearby branch that we will notify.
When the Consumer approves the Agreement, the price and costs of the Product(s) ordered on this page will be collected by the payment method chosen by the Consumer.
The Consumer has the right to withdraw from the order-Contract within thirty (30) days from the date of receipt of the Product without any justification and without penalty. However, there is no legal right of withdrawal in contracts for the following goods/services, even if they have not been used/exploited: a) Goods prepared in line with the special requests of the Consumer or his/her personal needs (including those that are customized for personal/personal needs by making changes/additions on them, special Products imported/supplied from within or outside the country based on the BUYER’s order) d) goods that mix with other products after delivery and cannot be separated due to their nature e) books, CDs, DVDs, audio and video recordings, software, etc. whose protective elements such as packaging, tape, seal, package have been opened. all kinds of products with digital content and computer consumables; vi) all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the consumer f) goods or services whose price varies depending on fluctuations in financial markets and are not under the control of the seller or provider i) Services started to be performed within the right of withdrawal period with the approval of the BUYER and j) other goods and services generally accepted outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER makes purchases for commercial / professional purposes.
In cases where there is a right of withdrawal by law, the Consumer is legally responsible for the changes and deterioration that occur because the goods are not used in accordance with the functioning, technical specifications and instructions for use within the withdrawal period, and for this reason, the Consumer may lose the right of withdrawal regarding the Product, and if we voluntarily accept it, we have the right to discount the price of the Product as much as the change / deterioration.
In case of withdrawal, the relevant Product must be returned within the legal period at the latest.
Clear notification of withdrawal can be made to our contact addresses above, by means such as letter, e-mail, telephone. In the event that this right is exercised, in addition to the aforementioned notification, the return of the original delivery note / invoice (in accordance with tax legislation) with a copy of the cargo delivery report stating that the Product has been sent to us, the return invoice must be issued for Product returns whose invoice is issued on behalf of the institutions, and the Products to be returned must be delivered to us complete and undamaged together with the box, packaging, standard accessories, if any.
In cases where the right of withdrawal is not provided for by law, the right of withdrawal cannot be utilized, and in cases where this right is not exercised duly or on time, the Consumer loses the right of withdrawal.
Provided that the above-mentioned requirements are fulfilled by the Consumer in due time and duly, within 14 days from the date of delivery of the Product subject to the right of withdrawal to the contracted cargo company specified in this preliminary information for return, the Product price and the delivery costs of the Product, if any, shall be returned to the Consumer in accordance with the payment instrument used when purchasing the Product. If the Product is returned by a cargo company other than the contracted cargo company, the 14-day period starts from the date the Product reaches the Seller.However, in cases where the right of withdrawal is used for all of the products subject to the order and in cases where it is used for a part of the products subject to the order (benefited by the Consumer), our Company’s free shipping (delivery) campaign and / or discount / discount campaign (free of charge, in other words, the ability to receive gift products is also in this meaning, such as 3 buy 2 pay) in case of falling below the minimum amount, The entire amount of the delivery-cargo fee and the applied discount/discount amount (as well as the price of the free product) not collected within the scope of the relevant campaign shall be deducted from the amount to be refunded to the Consumer and collected from the Consumer (In cases where the delivery-cargo fee has been collected, this fee shall be refunded without deduction); A (virtual/physical) gift voucher etc. won by the Consumer as a result of the shopping. If any, all of them are canceled, the (virtual/physical) gift vouchers etc. used. if any, the full amount of this is deducted from the amount to be refunded. In cases where the set-off is not sufficient, collection is made from the payment instrument (including credit card, etc.) in the Consumer’s shopping.
In addition to the cases where the right of withdrawal is exercised, these provisions shall also apply in all other cases where the return of the product is in question, except for defective products. In cases of withdrawal in accordance with the law and other order-Contract cancellations, our Company may ask the Consumer to pay a discount, etc., earned by the Consumer on the INTERNET SITE and / or in the payment of the Product price. contractual and legal rights-obligations, including (also) valid collection-deduction rights for the monetary values of any reward points etc. used for this purpose are also available and reserved.
The current rules-conditions applicable to our Company and the Consumer in matters related to transaction security, information protection, confidentiality, processing-use and commercial electronic communications on the INTERNET SITE are presented below for your information. The consumer may consult our Company on these matters at any time by contacting our Company through the specified means of communication.
Our company is a member of the Istanbul Chamber of Commerce (ITO), and the electronic contact information where you can obtain ITO’s code of conduct regarding the profession is as follows: (www.ito.org.tr, Telephone: 444 0 466).
After your acceptance by approving the above-below information and the Agreement on the WEBSITE, we will send all of these to your e-mail (mail) address you specified with your order confirmation, and you can always access them by saving and storing them on your device, and they will be kept in the systems of our Company within the framework of the relevant laws and for a maximum period of three years.
OTHER PRELIMINARY INFORMATION
Title Mozaik Design and Decoration Industry and Trade Limited Company
Mersis No: 6230000473
Address : Dereboyu Cad Toyota Plaza No:78 Ortakoy Beşiktaş/Istanbul
Telephone: +90 212 327 05 95
E-mail: [email protected]
PRODUCT / SERVICE SUBJECT TO ORDER-CONTRACT, PRICE, PAYMENT AND DELIVERY INFORMATION
The Type and Type, Quantity, Brand / Model / Color, Gross Price (s), Sales Price and Payment (collection) Information and Delivery Information, including the place of delivery notified by the BUYER, of the products (goods / services) are as follows. If the cargo company that will make the delivery does not have a branch in the location of the Consumer, the Consumer is required to receive the delivery from another nearby branch to be notified by the SELLER (The necessary information to the Consumer in this regard will be made by e-mail / e-mail, SMS or telephone). Other rules regarding delivery are set out below.
Payment (Collection) Information
Withdrawn amount :
Delivery Information :
Name, Surname/Title :
Invoice Information :
Name, Surname/Title :
The Product subject to the order shall be delivered to the Consumer / the third person / organization at the address above, provided that the legal 30-day period is not exceeded, except for contracts for goods prepared in line with the consumer’s request or personal needs, on the following basis.
The SELLER sends and delivers the Products through the contracted cargo company for its shipments. If this cargo company does not have a branch in the location of the Consumer, the Consumer must pick up the Product from another nearby branch of the cargo company notified by the SELLER.
The Products in stock shall be delivered to the cargo company to be delivered to the person and address specified by the CONSUMER during the order within the legal period from the date of order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, depending on their distance.
In general and unless explicitly stated otherwise, delivery costs (shipping costs, etc.) shall be borne by the Consumer. The SELLER may not reflect all or part of the delivery costs in question to the Consumer depending on the campaigns carried out at the time of sale and announced on the INTERNET SITE.
In the event that the Consumer is not present at the address of the Consumer 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 respect. In the event that there is no one at the address to receive delivery, it is the responsibility of the Consumer to contact the cargo company to follow up and ensure the shipment of the products. If the Product is to be delivered to a person / organization other than the Consumer, the SELLER cannot be held responsible for the absence of this person / organization at the address or refusal to accept delivery. In these cases, any damages arising from the late receipt of the Product by the Consumer and the expenses incurred due to the Product waiting in the cargo company and / or the return of the cargo to the SELLER also belong to the Consumer.
Each person who will receive the Product is responsible for checking the Product as soon as he/she receives it and not accepting the Product when he/she sees a problem caused by the cargo in the Product and making a report to the cargo company official. Otherwise, the SELLER shall not accept any liability.
The Consumer must have paid the full sales price including expenses before taking delivery of the Product. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and if the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and may not deliver the Product.
After the delivery of the Product, if for any reason, the Bank / financing institution to which the credit card to which the transaction is made does not pay the price of the Product to the SELLER or requests the refund of the price paid, the Product shall be returned to the SELLER by the Consumer within 3 days at the latest. If the non-payment of the product price is due to an unfair instruction or objection or a fault or negligence of the Consumer to the Bank, the shipping costs shall be borne by the Consumer. All other contractual-legal rights of the SELLER, including the pursuit of the Product price receivable without accepting the return, are also and in any case reserved.
For the avoidance of doubt; In cases where the Consumer pays the sales price with a credit card, installment card, etc. from banks (including financing institutions), all the facilities provided by these cards are credit and / or installment payment facilities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price in advance or in advance are not credit or installment sales for the parties to this Agreement, they are cash sales. The legal rights of the SELLER in cases of sale in installments (including the right to terminate the contract in case of non-payment of installments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default of the Consumer, default interest shall be applied at the monthly rate as stipulated by the applicable laws.
Delivery of the Product to the Consumer within the legal maximum period of 30 days is timely delivery. If it cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances other than normal sales / delivery conditions (such as weather opposition, heavy traffic, earthquake, flood, fire), the SELLER shall notify the Consumer about the delivery by contacting the Consumer via the existing contact information. In this case, the Consumer may cancel the order, order a similar product or wait until the emergency is over.
If it is understood that the SELLER will not be able to supply the Product subject to the Contract, it may supply another good / service of equal quality-price, provided that it obtains its verbal / written approval by informing the Consumer clearly and by one of the same means within three (3) days from the date it learns of this situation, and is deemed to have fulfilled its commitment under the Contract in this way. The consumer is free in all respects whether or not to give such consent and in cases where he/she does not give consent, the contractual-legal provisions regarding the cancellation of the order (termination of the Contract) shall apply.
SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE CONSUMER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE ORDER-CONTRACT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS
Between an organization that awards reward points, etc. and the Consumer and the SELLER, the reward points may be used for discounts on purchases from the SELLER’s INTERNET SITE, etc. In the presence of a current agreement-contract that allows the Consumer to provide, if the Consumer has earned such reward points due to this order-contractual purchase as a requirement of the SELLER’s said agreement and also its contract with the aforementioned organization, the amount (monetary value) of the reward points, gifts and the like earned by the Consumer with the purchase subject to this Agreement shall be taken back from the Consumer in cases where a refund is made to the Consumer by withdrawing from this Agreement and otherwise terminating / canceling the order.
Namely; Unless a different method is stipulated in the agreement of the SELLER with the relevant organization, unless a different method is stipulated in the agreement of the SELLER with the relevant organization, if the Consumer has sufficient-other reward points before the said organization-system (except for the reward points earned with this shopping), it is made primarily from those reward points, and if not available, it is made by deducting (deducting) the cash from the price that the SELLER will return to the Consumer.
The payment to the SELLER by the Consumer in the purchase of the Product subject to this Agreement is partially / completely reward points, etc. In cases where the price of the Product purchased in this way is to be refunded to the Consumer, the reward points and the like used by the Consumer with the SELLER when purchasing the Product on the WEBSITE may be returned to the Consumer (again as points), unless the SELLER has a different agreement with the relevant organization.
As a valid general rule in cases where unfair earning or use of reward points by the Consumer is detected in any way, the monetary value-amount of such reward points may be collected by the SELLER from the Consumer (from the credit card, in cash and other legal methods). This provision also applies to the price of the goods given as a gift to the Consumer by the SELLER as a result of the implementation of such a system.
Other issues related to the acquisition and use of reward points and the like are subject to the provisions of the agreements-agreements between the said organization and the Consumer and the SELLER, and in the relevant cases, the SELLER may exercise all rights and powers specified herein and in the aforementioned agreements-agreements before the Consumer and the organization, and may also carry out the relevant transactions on behalf of and / or account of the specified organization and / or other merchants in the same system.
Reward points, gift certificates, etc. earned from the SELLER or used by the SELLER. requests for cash in return will not be accepted under any circumstances and under any circumstances.
The SELLER accepts no liability for any disputes between the Consumer and the aforementioned organizations and any material, legal, financial and non-financial consequences thereof; the above provisions are valid and reserved.
The foregoing provisions, if any, shall apply mutatis mutandis to the earning and redemption of reward points obtained by the Consumer directly from the SELLER.
The Consumer (in other words, the BUYER) who earns reward points from the WEBSITE / SELLER or uses reward points etc. in payments to the SELLER is deemed to have accepted the above special conditions (also).
RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
The necessary measures for the security of the information and transactions entered by the Consumer on the INTERNET SITE have been taken by the SELLER in its own system infrastructure, according to the nature of the information and transaction, to the extent of today’s technical facilities. However, since the said information is entered from the Consumer’s device, it is the responsibility of the Consumer to take the necessary measures, including those related to viruses and similar harmful applications, to protect them on the Consumer’s side and to prevent them from being accessed by unrelated persons.
The information obtained during the consumer’s membership and shopping on the WEBSITE may be used by the SELLER, Mozaik Design and Decoration Industry and Trade Limited Company, its current and future subsidiaries, affiliates, partners, successors and / or third parties / organizations to be determined by them to provide various products / services and all kinds of information, advertising-promotion, promotion, For electronic and other commercial-social communications to be made for sales, marketing, store card, credit card and membership applications, it may be recorded indefinitely or for a period of time to be stipulated by the specified persons and their successors, stored in printed / magnetic archives, updated, shared, transferred, transferred, transferred, used and processed in other ways when deemed necessary. These data may also be transmitted to the relevant Authorities and Courts when required by law. The consumer has consented and authorized the use, sharing and processing of his/her existing and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to make commercial and non-commercial electronic communications and other communications to him/her.
The consumer can always stop data use-processing and/or communications by legally reaching the SELLER through the specified communication channels. According to the explicit notification of the Consumer in this regard, personal data transactions and / or communications to the party are stopped within the legal maximum period; In addition, if the Consumer wishes, the information other than those that are legally required and / or possible to be preserved is deleted from the data recording system or anonymized in a way that cannot be identified. If the consumer wishes, he/she can always apply to the SELLER and get information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automatic systems, and compensation in case of damage due to unlawful processing of data. Their applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal grounds to the party.
All kinds of information and content belonging to the INTERNET SITE and all intellectual-industrial rights and property rights, except those belonging to other third parties according to the agreement of the SELLER, regarding their arrangement, revision and partial/complete use, belong to the SELLER.
The SELLER reserves the right to make any changes that it may deem necessary in the above matters; these changes shall be effective from the moment they are announced by the SELLER on the INTERNET SITE or by other appropriate methods.
SOME OTHER MATTERS
In case of order cancellations and termination of the Contract, including withdrawals in accordance with the Contract and the law, if the Product price has been collected, it will be returned to the Consumer within a maximum of 14 days, in accordance with the vehicle in which the Product price was paid. For example, in credit card payments, the refund transaction is also made by refunding the Consumer’s credit card and the Product amount is returned to the relevant bank within the same period after the order is canceled by the Consumer; since the reflection of this amount to the Consumer’s accounts after the return of this amount to the bank by the SELLER is entirely related to the bank transaction process, the SELLER is not responsible in any way for possible delays caused by reasons beyond such initiative (banks’ reflection of the refund to the Consumer’s account may take up to three weeks).
For the price to be returned to the Consumer, the SELLER has and reserves the right to offset, discount and deduction rights arising from the Contract and the law, and the right to collection in cases where it is not sufficient. The Consumer’s legal rights regarding the cases where the Contract is terminated by the Consumer due to the SELLER’s failure to fulfill its performance are also available and valid.
The Consumer may notify the SELLER of his/her requests and complaints regarding the Product and sales, verbally or in writing, by accessing the above-mentioned communication channels.
As a SELLER, we are pleased to meet the justified demands-complaints and all kinds of applications of our consumer customers.
If it is not possible to reach a solution in this way, the Consumer may apply to the Provincial and District Consumer Arbitration Committees in the place of residence of the Consumer or the SELLER within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and to the Consumer Courts in cases exceeding the limits.
With this Preliminary Information, which will form an integral part of the Distance Sales Contract upon approval, the consumer has been informed about all matters, including the basic features-qualities of the Product / Products subject to sale, sales price, payment method, delivery procedures and right of withdrawal, and personal information-electronic communication and reward points conditions.
All explanations and information in this Order-Contract Preliminary Information shall be valid as of the moment the Consumer approves it on the INTERNET SITE and shall be bindingly applied together with the Distance Sales Contract between the SELLER and the Consumer (BUYER) in case of acceptance.
DISTANCE SALES CONTRACT
This Distance Sales Agreement (hereinafter referred to as the “Agreement”) has been signed between the parties specified below and on the terms and conditions agreed below.
|Title||:||MOZAİK DESIGN AND DECORATION INDUSTRY AND TRADE LIMITED COMPANY (hereinafter referred to as “MOZAİK” or “SELLER”)|
|Address||:||Dereboyu Cad Toyota Plaza No:78 Ortaköy BEŞİKTAŞ/ISTANBUL|
|Telephone||:||+90 212 327 05 95|
|Email address||:||[email protected]|
T.C. Identity No:
The subject of this Agreement is to regulate the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers (hereinafter referred to as the “Law”) and the Distance Contracts Regulation dated February 27, 2015 in accordance with the provisions of the Law No. 6502 on the Protection of Consumers (hereinafter referred to as the “Law”) and the Distance Contracts Regulation dated February 27, 2015 in relation to the sale and delivery of the products offered for sale through the mobile application and / or website owned by the Seller and whose quantities and sales price are specified in Article 3 below (collectively, the “Product” or “Products”).
PRODUCTS-GOODS SUBJECT TO CONTRACT
The qualities and main features of the Product-goods or products-goods subject to the contract are below. The total sales price stated below includes VAT and all other taxes, excluding shipping and transportation costs.
Characteristics of the goods subject to the contract:
Total Cost of Product-Goods… TL
Payment Method : Online payment (Credit Card etc.- Advance)
Delivery Address :
Person to be delivered to : [adı-soyadı]
Name Surname :
Invoice Address :
ISSUES ABOUT WHICH THE BUYER WAS INFORMED IN ADVANCE
The Buyer accepts that he/she has reviewed, read, understood and understood all general and specific explanations on the relevant pages and sections of the mobile application and / or website before the establishment of this Agreement with the acceptance of the Buyer in the mobile application and / or website by the Buyer and both the order and the payment obligation, and that the necessary preliminary information has been provided to him/her, and that the preliminary information approval is an integral part of this Agreement.
- The basic characteristics of the Product and/or Products subject to the Contract,
- The title and contact information of the Seller and current introductory information,
- Tools and methods suitable for the purpose regarding the stages of the sales process during the purchase of the Products from the mobile application and the correction of incorrectly entered information,
- The total price of the Product and/or Products including all taxes,
- Procedures for the delivery of the Products to the Buyer and information on shipping costs,
- Other payment/collection information regarding the Products and information regarding the performance of the Agreement, and the responsibilities of the parties in these matters,
- The conditions, duration, procedure and return procedure for the Products for which the right of withdrawal exists,
- Products and other goods and services for which the Buyer does not have the right of withdrawal,
- Special terms of Products defined as Opportunity Products,
- In case of disputes, the Buyer can make legal applications to the District / Provincial Arbitration Committees and Buyer Courts in accordance with the relevant provisions of the Law No. 6502, with the contact information that the Buyer can send complaints to the Seller.
- The Buyer declares that he / she has read and informed the total sales price of the Product subject to the Contract, including VAT and any other additional price, and the preliminary information regarding the payment method and delivery in the mobile application and / or website and that he / she approves the sale of the Product electronically. By confirming the Preliminary Information Form electronically, the Buyer confirms that he/she has correctly and completely obtained and approved the basic qualifications of the Products, the title and contact information of the Seller, the sales price of the Products in Turkish Lira including taxes, payment and delivery information, the situations in which the right of withdrawal cannot be used and will be lost and the legal remedies that he/she may apply in case of dispute before the conclusion of this Agreement.
- The SELLER shall not be liable for any direct or indirect damages that may arise due to breach of contract, tort, or other reasons due to the use of the Website or mobile application and other data and programs. The SELLER, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, malfunctions in telecommunication lines, communication error, theft, destruction or unauthorized entry, modification or use of records.
- Purchased Products may not be used for commercial purposes. Any use of the Products for commercial purposes, such as reselling, offering and/or selling at a higher price, promotional activities, etc. is prohibited. In the event that the Buyer’s behavior contrary to this article is detected, the right to demand compensation for the Seller’s damage arises without entitling the Seller to any refund or similar claim.
- The Products subject to the Contract shall be delivered to the Buyer or the person / organization at the address declared by the Buyer or the person / organization at the address declared by the Buyer after the Buyer makes the payment within the period described in the preliminary information in the mobile application and / or website, depending on the distance of the Buyer’s settlement, without prejudice to the cases where it is impossible to fulfill the performance subject to the order. This period must be evaluated separately for each Product ordered. However, special delivery conditions of some Products are provided in the Product detail section of the mobile application and/or website. The Buyer is deemed to have read these conditions before purchasing the Product and to have accepted the relevant delivery conditions if he places an order.
- The Product(s) shall be shipped to the Buyer’s delivery address given in Article 1.2 by the logistics-cargo company determined by the Seller and accepted by the Buyer by approving this contract. It is the Buyer’s responsibility to notify the Seller of any change in the shipping address at least 2 business days prior to the start of shipment of the Product.
- The Seller cannot be held responsible for any problem arising from the Buyer that the cargo company will encounter during the delivery of the Products to the Buyer or for the failure to deliver the ordered Product to the Buyer due to the Buyer’s absence at the address declared by the Buyer.
- If the Buyer is not present at the delivery address declared in this Agreement, the Buyer shall be responsible for any additional transportation costs incurred due to the reshipment of the Products. If the Products are to be delivered to a person / organization other than the Buyer, the name / title of the person / organization to be delivered shall be clearly and in writing by the Buyer, and the Seller cannot be held responsible for the failure of such person / organization to accept delivery or for the failure of delivery due to the absence of the person / organization at the address specified by the Buyer. The Buyer shall be responsible for any additional costs incurred due to the resending of the Products due to the failure of the Products to be received by such person/organization or the failure of the delivery to take place due to the absence of such person/organization at the address specified by the Buyer.
- The SELLER cannot be held responsible for any damages that may arise due to the errors and omissions of the cargo company that makes the shipment process during the shipment of the product (s) to the BUYER and / or their failure to deliver them to the BUYER. If the shipment of the products is undertaken by the SELLER, it is made by the SELLER. The Buyer is obliged to keep a written record of the delivery of the products at the time of receipt of the Products and to open and check the products at the time of delivery and to immediately notify the SELLER of the defects-damages, if any, by recording them in this record. If the products are claimed to be defective or damaged, the buyer may refuse to take delivery of the products. If the product is received, the BUYER is obliged to check it within 2 days at the latest and notify [email protected] e-mail address if there is a defect or damage claim.
- If the product or service purchased by the BUYER is not in the stocks of the supplier company from which the SELLER receives service and there is no equivalent product of equal quality and price, the SELLER reserves the right to terminate the contract by returning the price paid by the BUYER.
- The Buyer is responsible for the shipping costs in case of order cancellations made by the Buyer after the Products are shipped by the Seller but before they are received by the Buyer.
- The Seller is responsible for delivering the Products subject to the Contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
- If the Seller cannot fulfill its obligations under the Contract due to the impossibility of delivery to the Buyer or force majeure, the Seller is obliged to notify the Buyer within 3 (three) days following the learning of this situation and to refund the entire amount collected from the Buyer within 14 (fourteen) days following this notification.
- For the delivery of the Products, the Prior Information Form must be confirmed electronically. If for any reason the price of the Product is not paid or the payment is canceled in the bank records and the product price is not transferred to the seller’s bank account, the Seller shall be deemed to be released from the obligation to deliver the Product.
- In the event that the bank or financial institution does not pay the price of the Product to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer by unauthorized persons in a way not caused by the fault of the Buyer after the delivery of the Product, the Buyer shall return the Product to the Seller within 3 (three) days, provided that it has been delivered to him, and shall bear all expenses, including shipping expenses.
RIGHT OF WITHDRAWAL
- Article 9 of the Regulation on Distance Contracts Pursuant to the Article; The BUYER has the right to withdraw from the contract within fourteen days without any justification and without penal clause. The right of withdrawal period starts on the day the Buyer or the third party designated by the Buyer receives the goods. By accepting this Distance Sales Contract, the Buyer declares and accepts that he/she has been informed about the right of withdrawal.
- The Buyer who wishes to exercise his/her right of withdrawal must notify the Seller in writing that he/she will exercise this right within the term. This notice is available via e-mail on the Seller’s website and 1. to [email protected] address specified in the article.
- The Buyer is obliged to send the Product to be returned by using the right of withdrawal to the Seller within 10 days from the notification of withdrawal via the Cargo that delivered the Product to him. If this right is exercised, 3. It is obligatory to return the original invoice for the goods / services delivered to the person or the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the Buyer. The Seller is responsible for these return costs.
- If, due to the fault of the Buyer, the value of the goods-product decreases or the return becomes impossible, the Buyer is obliged to compensate the Seller’s damages in proportion to the fault.
- The Seller shall refund all payments collected, including the costs of delivery of the goods to the Buyer, if any, within fourteen days from the date of receipt of the notification that the Buyer has exercised the right of withdrawal, through the payment instrument used by the Buyer when purchasing the Product.
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The Buyer accepts and declares that he/she does not have the right of withdrawal in the following cases.
- Contracts for goods or services whose prices fluctuate with fluctuations in financial markets and are not under the control of the seller or provider.
- Contracts for goods tailored to the consumer’s wishes or personal needs.
- Contracts for the delivery of perishable or expired goods.
- Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
- Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.
- Contracts for services performed instantly in electronic media or for intangible goods delivered instantly to the consumer.
- Contracts for services that are started to be performed with the consent of the consumer before the expiration of the right of withdrawal period.
DISPUTE RESOLUTION AND APPLICABLE LAW
This Agreement is subject to Turkish Law and the provisions of the Law No. 6502 on the Protection of Consumers shall be taken as basis in determining the competent and competent jurisdiction in disputes arising from the Agreement. Within the monetary limits determined within the framework of the legislation, the Consumer Arbitration Committees in the place where the Seller’s residence is located, and in excess cases, Istanbul Consumer Courts are authorized.
MODE OF PAYMENT AND DEFAULT
- The Buyer shall pay for the Products to be purchased through the mobile application and/or website.
- The BUYER accepts, declares and undertakes that since the forward sales are made only with credit cards belonging to the Banks, the buyer will also confirm the relevant interest rates and information about the default interest from his bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the buyer.
- The legal rights of the SELLER in cases deemed to be sold in installments by law (including the right to terminate the contract in case of non-payment of any of the installments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved.
- As of the credit card cut-off date, the order total will be divided by the number of installments and will be reflected on your credit card statement by the bank. The Bank may not distribute the installment amounts equally over the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of the bank.
- Information on how many installments the order total to be transmitted to the bank will be paid/number of installments is provided by the Buyer’s bank.
The Buyer accepts, declares and undertakes that the official books and commercial records of the Seller and the electronic information and computer records kept in its own database and servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement. This article is not applicable to Article 193 of the Code of Civil Procedure. The parties accept, declare and undertake that it is in the nature of an evidential contract within the meaning of the article.
- If any provision of this Agreement is held invalid or unenforceable for any reason whatsoever, the other provisions of this Agreement shall remain in full force and effect.
- The Seller’s failure to exercise or delay in exercising any right or authority it has under the Agreement shall not constitute a waiver of that right or authority, nor shall the exercise of a right or authority alone or in part prevent the subsequent exercise of that or any other right or authority, nor shall it constitute a waiver.
This Agreement consisting of 12 (twelve) articles has been read by the Parties and concluded and entered into force on ……2020 by being approved electronically by the Buyer.