Ex Patch
1.PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
By accepting this contract, the BUYER accepts in advance that, if the BUYER confirms the order subject to the contract, the BUYER will be under the obligation to pay the order price and the stated additional charges such as shipping fee and tax, if any, and that the BUYER has been informed of this.
2.DEFINITIONS
In the application and interpretation of this contract, the terms written below shall mean the explanations written opposite them.
MINISTER: the Minister of Customs and Trade,
MINISTRY: the Ministry of Customs and Trade,
LAW: the Consumer Protection Law No. 6502,
REGULATION: the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: the subject of any consumer transaction other than the supply of goods that is carried out or undertaken to be carried out in return for a fee or benefit,
SELLER: the company that offers goods to the consumer within the scope of its commercial or professional activities, or that acts in the name or on behalf of the party offering the goods,
BUYER: the natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: the website belonging to the SELLER,
ORDERER: the natural or legal person who requests a good or service through the website belonging to the SELLER,
PARTIES: the SELLER and the BUYER,
CONTRACT: this contract concluded between the SELLER and the BUYER,
GOODS: refers to the movable property subject to the purchase and to intangible goods such as software, sound and images prepared for use in an electronic environment.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose characteristics and sale price are stated below and which the BUYER ordered electronically through the website belonging to the SELLER.
The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the stated period.
4. SELLER INFORMATION
Title Address Phone Fax Email
5. BUYER INFORMATION
Person to whom delivery will be made Delivery Address Phone Fax Email/username6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address Phone Fax Email/username
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
1. The basic characteristics of the Goods/Product/Products/Service (type, quantity, brand/model, color, number of items) are published on the website belonging to the SELLER. If a campaign has been organized by the Seller, you can examine the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the stated period.
7.3. The sale price of the goods or service subject to the contract, including all taxes, is shown below.
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Product Description |
Piece |
Unit Price |
Subtotal (VAT Included) |
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Shipping Amount |
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Total : |
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Payment Method and Plan
Delivery Address
Person to whom delivery will be made
Invoice Address
Order Date
Delivery date
Delivery method
7.4. The shipping fee, which is the cost of dispatching the product, will be paid by the BUYER.
8. INVOICE 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 delivery of the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and become informed of the preliminary information on the website belonging to the SELLER regarding the basic characteristics, sale price and payment method of the product subject to the contract and regarding delivery, and that the BUYER has given the necessary confirmation in the electronic environment. The BUYER accepts, declares and undertakes that, by confirming the Preliminary Information in the electronic environment, the BUYER has correctly and completely obtained, before the conclusion of the distance sales contract, the address that must be provided to the BUYER by the SELLER, the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract is delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period stated 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 period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract complete, in accordance with the characteristics stated in the order and together with warranty certificates, user manuals and the information and documents required by the work, if any; to perform the work free of any defect, sound and in accordance with standards as required by the legal legislation and within the principles of accuracy and honesty; to maintain and improve the service quality; to show the necessary attention and care during the performance of the work; and to act with prudence and foresight.
9.4. The SELLER may, before the expiry of the performance obligation arising from the contract, supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER's express approval.
9.5. The SELLER accepts, declares and undertakes that, if it cannot fulfil its obligations under the contract because the fulfilment of the product or service subject to the order has become impossible, it will notify the consumer of this situation in writing within 3 days from the date it learns of it, and will refund the total price to the BUYER within a period of 14 days.
9.6. The BUYER accepts, declares and undertakes that the BUYER will confirm this Agreement in the electronic environment for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares and undertakes that, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping cost borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER of the situation if it cannot deliver the product subject to the contract within the period due to force majeure events, such as circumstances that develop beyond the will of the parties, cannot be foreseen in advance and prevent and/or delay the parties from fulfilling their obligations. The BUYER is also entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent one, if any, and/or the postponement of the delivery period until the impeding situation is removed. If the order is cancelled by the BUYER, for payments made by the BUYER in cash the product amount is paid to the BUYER in cash and in a single payment within 14 days. For payments made by the BUYER by credit card, the product amount is refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The 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 that since the reflection of this amount in the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for the purposes of communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means, through the address, e-mail address, fixed and mobile telephone lines and other contact details stated by the BUYER in the site registration form or later updated by the BUYER. By accepting this contract, the BUYER accepts and declares that the SELLER may carry out the communication activities stated above towards the BUYER.
9.10. The BUYER shall inspect the goods/service subject to the contract before taking delivery; the BUYER shall not accept damaged and defective goods/services from the cargo company, such as those that are crushed, broken or have torn packaging. The goods/service received shall be deemed undamaged and intact. The obligation to protect the goods/service with care after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability relating to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact details of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank stating that the credit card belongs to the cardholder. The order will be frozen for the period until the BUYER provides the information/documents requested, and if the said requests are not met within 24 hours, the SELLER is entitled to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the website belonging to the SELLER is true, and that the BUYER will compensate all damages the SELLER may suffer due to the untruthfulness of this information immediately, in cash and in a single payment upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of the legal legislation and not to violate them while using the website belonging to the SELLER. Otherwise, all legal and criminal obligations that arise will be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the website belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, serves an unlawful purpose, or infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.
9.15. Links may be given through the website belonging to the SELLER to other websites and/or other content that are not under the SELLER's own control and/or that are owned and/or operated by other third parties. These links have been placed in order to make navigation easier for the BUYER; they do not endorse any website or the person operating that website and do not constitute any guarantee regarding the information contained in the linked website.
9.16. A member who violates one or more of the articles listed in this contract is personally liable, criminally and legally, for that violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. In addition, if the matter is brought before the courts due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to reject the goods and withdraw from the contract, without assuming any legal or criminal liability and without giving 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 SELLER is notified. In distance contracts relating to the provision of services, this period starts from the date the contract was signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's approval before the withdrawal period expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER if the delivered goods are defective within the scope of Article 8 of the Consumer Law. Outside this scope, if the shipment cannot be delivered for reasons other than extraordinary ones and the goods are returned arbitrarily, the return costs belong to the BUYER. By accepting this contract, the BUYER accepts in advance that the BUYER has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within the 14 (fourteen) day period, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions set out in this contract. In the event that this right is exercised,
a) The invoice of the product delivered to the 3rd party or to the BUYER, (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to refund the total price and the documents that place the BUYER under an obligation to the BUYER within 10 days at the latest from the receipt of the notice of withdrawal, and to take back the goods within 20 days.
e) If the value of the goods decreases for a reason arising from the BUYER's fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deterioration that occur because the goods or product were used properly during the withdrawal period.
f) If the campaign limit amount set by the SELLER is fallen below as a result of the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Pursuant to the Regulation, it is not possible to return goods prepared in line with the BUYER's requests or clearly in line with the BUYER's personal needs and not suitable for return, underwear bottoms, swimsuit and bikini bottoms, make-up materials, disposable products, goods that are in danger of rapid deterioration or whose expiry date may pass, products that are not suitable for return in terms of health and hygiene once their packaging has been opened by the BUYER after delivery to the BUYER, products that become mixed with other products after delivery and cannot be separated by their nature, goods relating to periodicals such as newspapers and magazines other than those supplied under a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices and computer consumables whose packaging has been opened by the BUYER. In addition, pursuant to the Regulation, it is also not possible to exercise the right of withdrawal in respect of services whose performance has begun with the consumer's approval before the withdrawal period expires.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) to be returned, their packaging must be unopened, untested, undamaged and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that, in the event of default where payment transactions are made by credit card, the BUYER will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case the relevant bank may resort to legal remedies; it may claim the resulting expenses and attorney's fees from the BUYER, and in any case, should the BUYER default on the debt, the BUYER accepts, declares and undertakes that the BUYER will pay the loss and damage suffered 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, within the monetary limits stated in the law below, to the consumer arbitration committee or the consumer court at the place where the consumer resides or where the consumer transaction was carried out. Information regarding the monetary limits is below:
Effective from 28/05/2014:
a) Pursuant to Article 68 of the Consumer Protection Law No. 6502, applications are made to district consumer arbitration committees in disputes with a value below 2,000.00 (two thousand) TL,
b) to provincial consumer arbitration committees in disputes with a value below 3,000.00 (three thousand) TL,
c) and in provinces with metropolitan status, to provincial consumer arbitration committees in disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL. This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER makes the payment for the order placed through the Site, the BUYER is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements so that, before the order is placed, confirmation is obtained that this contract has been read and accepted by the BUYER on the site.
SELLER:
BUYER:
DATE:
