Preliminary Information Form
PRELIMINARY INFORMATION FORM
TOPIC 1
The subject of this Sales Contract Preliminary Information Form covers the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (RG: 27.11.2014/29188) regarding the sale and delivery of the product/products, the characteristics and sales price of which are specified below, sold by the SELLER to the CUSTOMER/BUYER. By accepting this preliminary information form, the BUYER accepts in advance that if the order, which is the subject of the contract, is approved, he/she will be under the obligation to pay the order price and additional fees such as shipping fee, tax, if any, and that he/she has been informed about this.
2. SELLER INFORMATION
Title : {_sellertitle_}
Address : {_salesaddress_}
Phone : {_salespersonphone_}
Fax : {_saticifax_}
Email : {_sellermail_}
3. BUYER INFORMATION (Hereinafter referred to as BUYER.)
Person to be delivered: {_aliciname_} {_alicisurname_}
Delivery Address: {_deliveryaddress_}
Phone : {_receiverphone_}
Email/username: {_alicimail_}
4. INFORMATION ABOUT THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
4.1 The basic features of the Goods / Products / Services (type, quantity, brand / model, color, number) are available on the SELLER's website. You can examine the basic features of the product during the campaign period. Valid until the campaign date.
4.2 The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.
4.3 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Shipping Amount: {_shipping_}
Payment Method and Plan: {_paymentwithpayment_}
Delivery Address: {_deliveryaddress_}
Person to be delivered: {_aliciname_} {_alicisurname_}
Billing Address: {_billingaddress_}
Order Date : {_date_}
Delivery Type: {_cargoname_}
5. GENERAL PROVISIONS
5.1 BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the contractual product and preliminary information regarding delivery on the SELLER's website, has been informed and has given the necessary confirmation electronically. BUYER's electronic confirmation of the Preliminary Information, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.
5.2 Each stocked product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on 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. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
5.4 The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
5.5 The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
5.6 The BUYER accepts, declares and undertakes that it will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
5.7 BUYER accepts , declares and undertakes that if the price of the contractual product 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 contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER .
5.8 If the SELLER cannot deliver the contracted product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER , the product price shall be paid to the BUYER in cash and in a lump sum within 14 days in payments made by the BUYER in cash. In the case of payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER . BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER 's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
6.1 In distance contracts related to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him/her or to the person/institution at the address he/she has indicated, without assuming any legal or criminal liability and without giving any reason, provided that he/she notifies the SELLER. In distance contracts related to the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER . By accepting this contract, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
6.2 In order to exercise the right of withdrawal, it is required that a written notice be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions set forth in this contract. In case of exercise of this right; The invoice of the product delivered to the person or the BUYER , (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
6.2.1 The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
6.2.2 The SELLER is obliged to return the total price and the documents that burden the BUYER with debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
6.2.3 If the value of the goods decreases due to a reason caused by the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deteriorations that occur due to improper use of the goods or product during the right of withdrawal period.
6.2.4 If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
7.1
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Product contracts with pre-order terms for goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiry.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables, data recording and data storage devices presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal. Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) can be returned if their packaging is unopened, untested, undamaged and unused.
7.2. The BUYER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the Law.
8. RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER .
8.2. In addition to and confirming the permissions and approvals regarding personal data and commercial electronic communications provided by the BUYER in other ways; the information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period they will foresee by the SELLER and their successors for the provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant Authorities and Courts when required by law. The BUYER has consented and allowed the use, sharing and processing of his/her current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to receive commercial and non-commercial electronic and other communications.
8.3. BUYER may stop the data usage-processing by reaching SELLER through the specified communication channels and/or by reaching through the same channels in accordance with the legal procedure or by using the right of rejection in electronic communications sent to it at any time. According to BUYER's clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if it wishes, its information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that its identity cannot be determined. BUYER may, if it wishes, always apply to SELLER through the above communication channels and receive information on matters such as transactions related to the processing of its personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties , deletion or destruction of data, objection to the emergence of a result against it by means of analysis with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and demands regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use; all intellectual and industrial property rights and property rights belong to the SELLER , except those belonging to other third parties in accordance with the agreement of the SELLER .
8.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.
8.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
SOME OTHER MATTERS
In case of order cancellations and terminations of the Contract, including withdrawals in accordance with the Contract and law, if the Product price has been collected, it shall be returned to the Consumer within a maximum of 14 days in a manner appropriate to the means of payment. For example, in credit card payments, the refund shall be made by returning it to the Consumer's credit card and the Product amount shall be returned to the relevant bank within the same period after the order is cancelled by the Consumer; since the reflection of this amount to the Consumer's account after the refund transaction is made by the SELLER to the bank is entirely related to the bank transaction process, the SELLER shall not be responsible in any way for possible delays arising from reasons beyond its initiative (the process of banks reflecting the refund to the Consumer's account can generally take up to three weeks).
The SELLER reserves the right to offset, discount and deduction arising from the Agreement and the law for the amount to be returned to the Consumer, and the right to collect in cases where this is not sufficient. The Consumer's legal rights regarding the cases where the Agreement is terminated by the Consumer due to the SELLER's failure to perform its obligations are also available and valid.
The Consumer may notify the SELLER of their demands and complaints regarding the Product and sales, verbally or in writing, by reaching them through the communication channels specified above. As the SELLER, we are pleased to meet the legitimate demands and complaints and all kinds of applications of our Consumer customers. If such a solution is not possible, the Consumer may, if they wish, apply to the Provincial and District Consumer Arbitration Committees in their or the SELLER's place of residence (where they reside), within the monetary limits determined and announced each year by the Ministry of Customs and Trade, and to the Consumer Courts in cases exceeding the limits.
With these Preliminary Informations, which will form an integral part of the Distance Sales Contract in case of approval, the Consumer is informed about all matters including the basic features-qualifications of the Product/Products subject to sale, sales price, payment method, delivery procedures and right of withdrawal, as well as personal information-electronic communication and reward points conditions.
All explanations and information in this Order-Contract Preliminary Information are valid as of the moment the Consumer approves them on the WEBSITE and, if accepted, they are bindingly applied together with the Distance Sales Contract between the SELLER and the Consumer (BUYER) .