ARTICLE 1: Seller Information
Title: Nilüfer Boztürk
Address: Alemdar Mah. Bab-ı Ali Cad. Tasvire Han No:38 Kat:3 Fatih/İstanbul
Telephone: 0212 511 37 99
E-mail: [email protected]
ARTICLE 2: Buyer Information
ARTICLE 3: Subject Matter
The subject of this Preliminary Information Form (Hereinafter ‘’Form’’) is to inform the Buyer regarding the sale and delivery of the products (Hereinafter ‘’Products’’) with specified quality and sales price, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188.
ARTICLE 4: Key Features of the Product Set for Sale and Payment Information
4.1. Information regarding the product definitions, unit amount, unit and payment terms are as stated in the Preliminary Information Form, and are acknowledged by the Buyer.
4.2. Delivery or Shipment Fee shall be paid by the Seller.
ARTICLE 5: Validity Period of the Undertakings
The prices stated in Article 4.1 are the marketing prices. Announced prices and commitments shall be deemed valid until any update or change is made. The prices declared to be valid for a fixed term, shall be valid until the end of the respective term.
ARTICLE 6: General Provisions
6.1 The BUYER declares that the key features of the contract product, the sales price including all taxes, the method of payment and delivery and its costs shall be borne by him/her, and that he/she has duly read the preliminary information regarding the delivery time and the full trade name, full address and contact information of the SELLER, and understand thereto, and provided the required confirmation in the electronic media.
6.2 The SELLER shall not be responsible for any direct or indirect damages which may arise in consequence of the usage of the Website or other data and programs, the violation of this Contract, tort action or other reasons. The SELLER shall not have any responsibilities with regard to interruption of the transactions, errors, negligence, cutback, deletion, loss, delays which occur in terms of the transactions or communications, computer viruses, malfunctions that occur on the telecommunication lines, communication errors, theft, destruction or entry into the records, changing or usage of the records without permission in consequence of the violation of the Contract, tort, negligence or other reasons.
6.3 The SELLER reserves its right to amend and reorganize all kinds of services, products and usage conditions which are comprised in the Website and its right to amend, reorganized and suspend the publication of the information which are provided in the Website, without the requirement for the execution of any prior warning. The relevant amendments shall enter info force on the date of publication in the Website. The Company recommends that the BUYER would visit the legal disclaimer page in the course of their each visit of the Website. These conditions shall also be valid with regard to the internet pages concerning which the relevant links are provided.
6.4 The Website may comprise links or references with respect to other internet sites which are not under the control of the SELLER. The SELLER shall not be responsible for the content of these sites or other links comprised by these sites.
6.5 The SELLER shall constitute the owner of all materials (“Materials”) including the general appearance and design of the Website, all information and pictures, all kinds of trademarks, Website domain names, logos, icons, technical data which are provided in a demonstrative, written, electronic, graphic or machine readable manner, computer software, applied sales system, work methods and business models and the owner and license owner of the intellectual and industrial property rights with respect to them and these Materials shall be under legal protection. Including the codes and software, no Materials available on the Internet Site can be changed, copied, reproduced, translated into another language, reissued, loaded into another computer, posted, communicated, submitted or distributed without the obtainment of prior permission and provision of the relevant Material as a reference. The entirety or part of the Website cannot be used on another website without permission. If any contrary situation is detected, the SELLER reserves all other rights regarding civil and criminal liability and not expressly stated herein.
6.6 Personal information of the BUYER may only be disclosed to official authorities if duly requested by the official authorities and in cases where it is obliged to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force.
6.7 Unless an exceptional case is stated, the contract product is delivered to the BUYER or the person/organization at the delivery address by the SELLER's contracted cargo company within the period specified in the preliminary information on the Website, depending on the distance of the BUYER's residence for each product, provided that the period does not exceed 30 days. UPS and Yurtiçi Kargo are the contracted cargo companies of the SELLER as of the approval date of this Contract. All kinds of delivery/shipment fee indicated at the article 3 regarding the cargo shall be detailed in the order invoice as per the shipping conditions valid on the date of purchase under the name of ‘’Shipment Fee’’.
6.8 Shipment information will be shared with the customer, as the shipment date may vary for exclusively produced goods. The delivery period is added separately in case of disruptions in the imported products arising from the import process, and the customer shall be duly notified of the new Shipment date.
6.9 The SELLER may not be held responsible for the rejection of the delivery of the contract product(s) by another person/institution other than the BUYER, and for any damages that may arise therefrom.
6.10 The SELLER may not be held responsible for the damages that may arise due to the faults and omissions of the cargo company responsible for the shipping process during the delivery of the product(s) to the BUYER and/or the failure to deliver them to the BUYER. The Buyer is obliged to control the Products upon delivery and notify the Seller of any defects thereof.
6.11 The SELLER shall be liable for the delivery of the contract produc(s) in a perfect and complete condition according to the features specified in the order and along with warranty certificates and user manuals, if any.
6.12 The SELLER shall notify the BUYER in case of her failure to fulfill her contractual obligations due to the impossibility of the delivery of the contract products or services before the expiry of the contractual performance obligation, and may supply the BUYER with a different product of equal quality and price, if available on her stocks.
6.13 If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card, debit card, bank card and other payment methods offered on the Website by unauthorized persons after the delivery of the product(s), not due to the BUYER's fault, the BUYER is obliged to return the relevant product to the SELLER within 3 (three) days, on the condition that the delivery is made to him/her. Otherwise, the BUYER accepts and undertakes that all kinds of legal actions shall be taken against him/her.
6.14 In the event that the product or service purchased by the BUYER is not available in the stocks of the supplier company from which the SELLER receives service and if there is no equivalent product of equal quality and price, the SELLER reserves the right to return the price paid by the BUYER.
6.15 Should the SELLER fail to deliver the product constituting the subject matter of the agreement in due time based on force majeure or exceptional circumstances such as adverse weather conditions, interruption of transport which hinder the shipment, the SELLER shall be obliged to notify the Buyer of the situation. In this regard, the BUYER shall be fully paid the cost of the purchased product(s) upon the cancellation of the order in accordance with the payment method used by the BUYER.
6.16 In the payments made by the BUYER by credit card, the product(s) amount is returned to the relevant bank within 14 (fourteen) days after the cancellation of the order by the BUYER. Reflection of the relevant amount after the return to the bank is a banking process in its entirety, therefore, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account.
6.17 The SELLER reserves the right to cancel purchases over the Website that exceed the BUYER's needs. The SELLER reserves the right to cancel the order completely or to send only 3 (three) products remaining within the retail purchase limit in case the purchases exceed 3 (three) products in wholesale purchases that exceed the BUYER's need.
6.18 In case the transaction regarding the amount of the purchases made by the BUYER with his/her credit cart cannot be performed due to wrong password, The SELLER has the right to request all kinds of information and documents, including visual instruments confirming the identity and credit card information from the BUYER. The SELLER reserves the right to cancel the relevant order without any liability and compensation amount if this information and documents are not provided/parially provided by the BUYER, or if these do not correspond to the order information.
6.19 In case the product prices are far below the market price, which can be understood by an ordinary person as an evident mistake, all orders placed upon this incorrect price are entitled to be canceled by the SELLER. The BUYER accepts and declares that he/she shall not lay any claim in such a case that occur in conclusion of an explicit mistake.
ARTICLE 7: Right of Withdrawal
7.1 In distance contracts for the sale of goods, the buyer may exercise his/her the right to withdraw from the contract by refusing the goods, without taking any legal or criminal responsibility and without providing any reason, within 14 (fourteen days) from the date of delivery of the goods to person/institution present in the delivery address. Following are taken as basis in regards to the determination of the period of the right of withdrawal;
a) The day on which the consumer or the third party determined by the consumer receives the final goods that are the subject matter of a single order and delivered separately,
b) The day on which the consumer or the third party determined by the consumer receives the final goods consisting of more than one piece,
c) The day on which the consumer or the third party determined by the consumer receives the first goods in contracts where the goods are delivered regularly for a certain period of time.
7.2 The Buyer may also send a notice of withdrawal to the Seller's address specified in Article 1, within 14 (fourteen) days, via sending a registered mail with return receipt or by sending an e-mail. As of this notification, the Seller may contact the Buyer and ensure that the product is received from the Buyer. Nevertheless, the Buyer is obliged to send the purchased product to the Seller's address specified in Article 1 within 10 (ten) days from the notification of withdrawal unless the Seller makes an offer to the Buyer in this regard.
7.3 It is required in the return process that the relevant sections of the invoice sent to the Buyer comprising the return section must be filled in completely and sent to the Seller after signed.
7.4 The products to be returned must be delivered integrally with their box, packaging and standard accessories, if any, without any damage to their salability.
7.5 The Seller is obliged to return the total price (total of all prices paid by the Buyer to the Seller) and the documents obligating the Buyer, to the Buyer within 14 (fourteen) days at the latest from the receipt of the notice of withdrawal.
7.6 The delivery cost of the Products returned with the right of withdrawal shall be borne by the Buyer. Upon exercising his/her right of withdrawal and notifying the Seller in this regard, the Product, which is the subject matter of the purchase shall be received by the UPS and Yurtiçi Kargo, contractual cargo companies of the Seller. In this case, the Buyer is obliged to pay for the shipment fee. However, if the Buyer wishes to return the product himself/herself, he/she should return the product to the Seller via her contractual cargo companies; UPS and Yurtici Kargo. In the contrary case, the Buyer is obliged to pay for the Shipment fee. However, the Seller cannot demand a shipment fee from the Buyer if UPS and Yurtiçi Kargo do not have a branch in the Buyer's place of residence.
7.7 The decrease in the value of the received goods or the occurrence of a reason that makes the return impossible do not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is consumer-related, the Seller is obliged to compensate the value or decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods are not considered as a decrease in value.
ARTICLE 8: Products Excluded from the Right of Withdrawal
The Buyer cannot exercise the right of withdrawal in the following cases:
Unless otherwise is decided upon by the parties, the consumer cannot exercise his/her right of withdrawal in the following contracts,
a) a) It is not possible to return or exchange special production products prepared in accordance with the directives of the consumer, except for defective cases. Right of withdrawal may not be exercised for these products.
b) Contracts regarding the goods produced in line with the directives or personal requirements of the consumer.
c) Contracts regarding the delivery of goods with protective elements such as packaging, tape, seal, package opened after delivery and which cannot be returned due to health and hygiene issues.
d) Contracts regarding the goods mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
f) Contracts regarding services that are performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE 9: Complaints and Resolutions
The Buyer may forward all suggestions and complaints regarding the goods or services subject to sale to the Seller at the phone number and e-mail address of the Seller specified in Article 1. The Seller aims to resolve the problem by examining all kinds of complaints and suggestions submitted by the Buyer within the legal limits. All rights of the parties arising from the Law and related Regulations are reserved.
ARTICLE 10: Competent Court
The Seller may raise complaints and objections to the arbitral tribunal or to the consumer court, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey every year in December, in the place where the consumer buys the goods or services or in his/her place of residence.
ARTICLE 11: Miscellaneous Provisions
The Buyer declares that he/she acknowledges the terms and information set forth in this Preliminary Information Form and the Distance Sales Agreement in electronical media.