Distance Sales Contract
This Agreement is signed between the following parties under the terms and conditions stated below.
A.‘RECEIVER’ ; ( hereinafter referred to as "RECEIVER")
B.‘SELLER’ ; (hereinafter referred to as "SELLER" )
NAME- SURNAME:BENDİS TAKI VE GÜZELLİK ÜRÜNLERİ TİC.LTD.ŞTİ.
ADRESS: Esentepe mh. Kore sehitleri cd. Propa plaza Sisli Istanbul
By accepting this contract, the BUYER accepts that in case the contract subject confirms the order, it will be under the obligation to pay the additional fees stated such as the price of the order and, if applicable, the shipping fee, tax, and has been informed about it.
In the application and interpretation of the present contract, the following written terms shall express the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation(RG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction, other than providing goods that are committed to or made in return for a fee or benefit,
SELLER: The company acting in the name or account offering goods to the consumer or offering goods within the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER web site,
ORDERER: A real or legal person who requests a good or service on the web site of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: The contract concluded between the SELLER and the BUYER,
PRODUCT: It refers to movable goods subject to shopping and software prepared for use in electronic environment, sound, image and other intangible goods.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and Regulation on Distance Contracts related to the sale and delivery of the product specified below and the price and the price of the purchase, where the BUYER ordered the order electronically on the website of the SELLER. This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and Regulation on Distance Contracts related to the sale and delivery of the product specified below and the price and the price of the purchase, where the BUYER ordered the order electronically on the website of the SELLER.
The prices listed and announced on the site are the sale price. The advertised prices and promises are valid until they are updated and modified. The prices announced in the period are valid until the end of the specified period.
4. SELLER INFORMATION
Title : BENDİS TAKI VE GÜZELLİK ÜRÜNLERİ TİC.LTD.ŞTİ.
Adress : Esentepe mh. Kore sehitleri cd. Propa plaza Sisli Istanbul
Telephone : 0 (533) 063 83 83
E-mail : [email protected]
5. BUYER INFORMATION
The person to be delivered
6. PERSON INFORMATION OF THE ORDER
7. SUBJECT OF THE CONTRACT PRODUCT / PRODUCTS
7.1. The basic characteristics (type, quantity, brand / model, color, number) of the Goods / Product / Products / Service are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date.
7.2. The prices listed and announced on the site are the sale price. The advertised prices and promises are valid until they are updated and modified. The prices announced in the period are valid until the end of the specified period.
7.3. The selling price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Search Total
Payment Method and Plan
People to Deliver
7.4. The shipping cost will be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery: Invoice order along with your order to the invoice address during delivery It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the Supplier shall read the preliminary information about the basic properties, sales price and payment method and delivery of the product subject to the contract on the internet site of the SELLER and give the necessary confirmation in the electronic environment. The receiver; Before the establishment of the distance sales contract, the seller accepts, declares and undertakes that the seller must have the right address, the basic properties of the products ordered, the price of the products including taxes, payment and delivery information, .
9.2. Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information on the website, depending on the location of the BUYER, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. SELLER, the product of the contract complete, in accordance with the qualifications specified in the order and if the warranty documents, user manuals are required by the work of the information and documents to submit, in accordance with the requirements of the legal regulations free from all kinds of shame, in accordance with the standards of work in accordance with the principles of honesty and honesty to accept, to maintain the quality of service, to pay attention to the necessary attention and care during the performance of the business, prudence and to act with the foresight, acceptance and commitment.
9.4. The SELLER may supply a different product at equal quality and price by informing the BUYER and expressly obtaining its approval before the contractual performance obligation expires.
9.5. If the contractor fails to fulfill the obligations of the contract if the product or service subject to the order becomes impossible, the Seller accepts, declares and undertakes that it will inform the consumer in writing within 3 days from the date of learning, and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that the SELLER shall terminate the obligation to deliver the product subject to the contract if the Purchaser shall confirm this Agreement electronically for the delivery of the product, if the reason of the contract is not paid and / or canceled in the bank records for any reason.
9.7. If the BUYER is not paid by the related bank or financial institution to the SELLER as a result of the unfair use of the credit card belonging to the BUYER by the unauthorized person after the delivery of the product subject to the contract to the person and / or organization indicated by the BUYER or BUYER, the BUYER It accepts, declares and undertakes that it will return the transportation cost to the SELLER within 3 days.
9.8. The SELLER accepts, declares and undertakes to inform the BUYER of the situation if the contractor cannot deliver the product in due time due to force majeure situations such as the occurrence of unforeseeable and unforeseen circumstances which prevent the parties from fulfilling their obligations and / or delay the fulfillment of their obligations. The PURCHASER shall also be entitled to request the Seller to request the cancellation of the order, replacement of the product subject to the contract with its precedent and / or postponement of the delivery period until the abolition of the prohibitive situation. In case of the cancellation of the order by the BUYER, in the case of the payments made by the BUYER in cash, the product amount shall be paid to the seller within 14 days. In the case of payments made by the BUYER with a credit card, the product amount shall be returned to the bank within 14 days after the cancellation of the order by the BUYER. BUYER, the amount returned to the credit card by the SELLER by the bank to the account of the average process to be reflected to the account of the BUYER, this amount is reflected in the account of the BUYER after the return of the bank account is completely related to the bank transaction process, the BUYER for possible delays, the SELLER accepts, declares and undertakes that it cannot hold responsible.
9.9. SELLER is the address, e-mail address, fixed and mobile phone lines and other contact information through letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this agreement, BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above.
9:10. The BUYER shall inspect the goods / services subject to the contract before receiving; dents, broken, torn packaging etc. damaged and defective goods / services will not take delivery from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. Careful protection of the goods / services after the delivery belongs to the BUYER. Goods / services should not be used if the right of withdrawal is used. Invoice must be returned.
9:11. If the credit card holder used during the order is not the same person or the product is delivered to the BUYER, if the security card used in the order is identified, the SELLER shall provide the identity and contact details of the credit card holder and the credit card used in the order. or from the cardholder's bank to submit a letter indicating that the credit card belongs to him / her. The order will be frozen in the period until the purchase of the information / documents requested by the BUYER and if the claims are not met within 24 hours, the SELLER has the right to cancel the order.
9:12. The Purchaser declares and undertakes that the personal and other information given to the SELLER when it becomes a member of the SELLER shall be true and that the Seller shall indemnify all damages to be incurred due to the unfairness of this information immediately upon the first notification of the SELLER, in full and in cash.
9:13. The BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them when using the internet site of the SELLER. Otherwise, all legal and penal obligations will be completely and exclusively connected to the BUYER.
9:14. The BUYER cannot use the web site of the SELLER in any way to disrupt the public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe on the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that may prevent or make others use the services.
9:15. The SELLER's website may be linked to other websites and / or other content owned and / or operated by third parties under the SELLER's own control. These links are provided to ease the orientation to the BUYER and do not support any website or the person who operates the site and do not constitute any guarantee for the information contained in the Linked Website.
9:16. The member who violates one or more of the articles mentioned in this contract shall be personally and criminally and legally responsible for such violation and shall keep the SELLER free from the legal and criminal consequences of such violations. Also; In the event that the incident is referred to the legal area due to this violation, the SELLER reserves the right to claim damages for non-compliance with the membership agreement against the member.
10. RIGHT TO EXIT
10.1. RECEIVER; In case the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to the person / organization at the address indicated to him, he may use the right to give up the contract without giving any legal and criminal responsibility and without giving any justification to inform the SELLER. In the case of distant contracts for service provision, this period shall commence on the date of signing the contract. Before the right of withdrawal, the right of giving up in service contracts that are started with the approval of the consumer cannot be used. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts this agreement and accepts that it has been informed about the right to withdraw.
10.2. In order to exercise the right of withdrawal, written notice to the SELLER by registered mail, fax or e-mail must be made within 14 (fourteen) days and the product has not been used in accordance with the provisions of the "Products which cannot be Denied" issued in this contract. If this right is used,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is institutionalized, it must be sent with the return invoice issued by the institution when it is returned.
b) Return form,
c) Products to be returned must be delivered complete and undamaged with box, package and standard accessories, if any
d) The SELLER is obliged to return the total price and the documents that undermine the BUYER to the BUYER within 10 days from the date of the withdrawal notification is received and to return the goods within 20 days.
e) If there is a decrease in the value of the goods or a return is not possible due to a reason caused by the BUYER's fault, the PURCHASER is liable to compensate the losses of the SELLER at the rate of the BUYER defect. However, the PURCHASER is not liable for any change or alteration caused by the proper use of the product or product within the period of cancellation.
f) the discount amount used within the scope of the campaign shall be canceled if the limit of the campaign issued by the SELLER falls below the limit due to the exercise of the right of renunciation.
11. THE RIGHT TO REMOVE PRODUCTS NOT USED
Under the request of the BUYER or clearly prepared for personal needs and unsuitable to be returned, underwear lower parts, swimwear and bikini bottoms, make-up materials, disposable products, products with a danger of rapid deterioration or expiry date of delivery After the delivery of the product by the Buyer, the products which are unsuitable for health and hygiene, if they are opened by the BUYER, are mixed with other products and cannot be separated due to their nature after the delivery. Goods related to periodicals such as newspapers and magazines, intangible goods delivered to the consumer or goods, audio or video recordings, books, digital content, software programs, data storage and storage devices, computer supplies, packaging If it is opened by the PURCHASER, it is not possible to return it in accordance with the Regulation. In addition, before the expiry of the right of renunciation, the right to withdraw from the services initiated with the approval of the consumer is also not possible under the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikini, books, copied software and programs, DVD, VCD, CD and cassettes and stationery supplies (toner, cartridge, ribbon, etc.) and they must be unused.
12. RESIDENTIAL STATE AND LEGAL RESULTS
When the BUYER default on the payment transactions by credit card, the cardholder shall pay interest in the credit card contract together with the bank and accepts, declares and undertakes the responsibility of the bank. In this case, the relevant bank may be subject to legal remedies; may request to receive the costs of the born and the attorney from the BUYER and may be accepted in all circumstances
13. AUTHORIZED COURT
Complaints and appeals in disputes arising out of the present contract shall be made to the arbitral tribunal or to the consumer court where the consumer's place of settlement or the consumer transaction within the monetary limits specified in the following law. Information on the monetary limit is as follows:
For applications to be submitted to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
c) provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces without metropolitan status,
d) Provincial consumer arbitration committees were assigned in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3.610 (three thousand six hundred ten) Turkish Liras in the districts which are not metropolitan.
This Agreement is for commercial purposes.
When the BUYER performs the payment for the order it gives through the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements in order to obtain confirmation that the contract has been read and accepted by the BUYER on the site prior to the realization of the order.