1. SUBJECT
The subject of this Sales Agreement Pre-Information Form covers the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (OG: 27.11.2014/29188) regarding the sale and delivery of products whose specifications and sales prices are specified below, sold by the SELLER to the ORDER PLACER/BUYER. By accepting this pre-information form, the BUYER acknowledges and accepts in advance that if they confirm the order subject to this contract, they will be obligated to pay the order amount and any additional fees such as shipping costs and taxes, and that they have been informed about this matter.
2. SELLER INFORMATION
Company Name:
{_saticiunvan_}
3. BUYER INFORMATION (Hereinafter referred to as BUYER)
Person to be delivered:
{_aliciad_} {_alicisoyad_}
Delivery Address:
{_teslimatadresi_}
Email/username:
{_alicimail_}
4. INFORMATION ABOUT THE CONTRACT SUBJECT PRODUCT(S)
4.1 Basic Features of the Goods/Products/Services
The basic features (type, quantity, brand/model, color, number) of the Goods/Products/Services are available on the SELLER'S website. You can review the basic features of the product during the campaign period. Valid until the campaign date.
4.2 Pricing
The listed and advertised prices on the site are sales prices. The advertised prices and promises are valid until they are updated and changed. Prices advertised for a limited time are valid until the end of the specified period.
4.3 Sales Price
The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Shipping Amount:
{_kargo_}
Payment Method and Plan:
{_odemesekli_}
Delivery Address:
{_teslimatadresi_}
Person to be Delivered:
{_aliciad_} {_alicisoyad_}
Invoice Address:
{_faturaadresi_}
Delivery Method:
{_kargoadi_}
5. GENERAL PROVISIONS
5.1 The BUYER acknowledges, declares and undertakes that they have read and become informed about the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the SELLER'S website, and have provided the necessary confirmation electronically. The BUYER acknowledges, declares and undertakes that by confirming the Pre-Information electronically, before the establishment of the distance sales contract, they have accurately and completely obtained the address, basic characteristics of the ordered products, price including taxes, payment and delivery information that must be provided to the BUYER by the SELLER.
5.2 Each in-stock product subject to the contract shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance to the BUYER'S place of residence, not exceeding 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.
5.3 The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, with warranty documents and user manuals if any, free from all defects, in accordance with legal regulations and standards in a sound manner, to perform the work with the information and documents required by the business within the principles of accuracy and honesty, to maintain and improve the quality of service, and to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
5.4 The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiry of the performance obligation arising from the contract.
5.5 The SELLER accepts, declares and undertakes that if the fulfillment of the product or service subject to the order becomes impossible, they will notify the consumer in writing within 3 days from the date they learn of this situation, and will refund the total amount to the BUYER within 14 days.
5.6 The BUYER acknowledges, declares and undertakes that they will confirm this Pre-Information Form electronically for the delivery of the product subject to the contract, and that if the product price is not paid for any reason and/or is cancelled in bank records, the SELLER'S obligation to deliver the product subject to the contract will end.
5.7 The BUYER acknowledges, declares and undertakes that if the contract product price is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized 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/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 shipping costs belonging to the SELLER.
5.8 The SELLER accepts, declares and undertakes that if they cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of circumstances that develop outside the will of the parties, cannot be foreseen in advance, and prevent and/or delay the parties from fulfilling their obligations, they will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, replacement of the product subject to the contract with its equivalent if available, and/or postponement of the delivery period until the preventive situation is eliminated. If the order is cancelled by the BUYER, the product amount is paid to them in cash and in full within 14 days for cash payments made by the BUYER. For payments made by the BUYER with a 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 since the reflection of this amount to the BUYER'S accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
6. RIGHT OF WITHDRAWAL
6.1 The BUYER can exercise the right to withdraw from the contract by refusing the goods within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address they indicated, without assuming any legal or penal liability and without giving any reason, provided that they notify the SELLER, in distance contracts regarding the sale of goods. In distance contracts regarding service provision, 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 begun with the consumer's consent before the expiry of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that they have been informed about the right of withdrawal.
6.2 In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or email within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract. If this right is exercised; the invoice of the product delivered to the person or 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 when returning. Order returns issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
6.2.1 Products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories if any.
6.2.2 The SELLER is obliged to return the total amount and documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notice, and to receive the goods back within 20 days.
6.2.3 If there is a decrease in the value of the goods or return becomes impossible due to a reason caused by the BUYER'S fault, the BUYER is obliged to compensate the SELLER'S damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations that occur due to the proper use of the goods or products within the right of withdrawal period.
6.2.4 If the campaign limit amount falls below due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is cancelled.
7. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
7.1
- Contracts for goods or services whose prices are subject to fluctuations in financial markets and are not under the control of the seller or provider.
- Pre-order product contracts for goods prepared in line with the consumer's wishes or personal needs.
- Contracts for the delivery of goods that can spoil quickly or whose expiration date may pass.
- Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; whose return is not appropriate 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, data recording and data storage devices presented in material form if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
- Contracts for the delivery of periodical publications such as newspapers and magazines, except those provided within the scope of subscription contracts.
- Contracts for accommodation, transportation of goods, car rental, food and beverage supply and evaluation of leisure time for entertainment or rest purposes that must be made on a specific date or period.
- Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
- Contracts for services whose performance has begun with the consumer's consent before the expiry of the right of withdrawal period. Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened, untried, intact and unused in order to be returned.
7.2. The BUYER may apply to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the Law, regarding complaints and objections.
8. RULES REGARDING SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS
The privacy rules-policy and conditions specifying the current principles below are valid on the WEBSITE regarding the protection, confidentiality, processing-use of information and communications and other matters.
8.2. In addition to and in confirmation of the consent-approvals regarding the personal data provided by the BUYER in other ways and commercial electronic communications; the information obtained during the BUYER'S membership and shopping on the WEBSITE may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used and otherwise processed for an unlimited period or for the period they will predict with the SELLER for the purpose of providing various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and for electronic and other commercial-social communications. These data may also be communicated to the relevant Authority and Courts when legally required. The BUYER has consented to and authorized the use, sharing, processing of their existing and new personal and non-personal information within the above scope in accordance with legislation on the protection of personal data and e-commerce legislation, and commercial and non-commercial electronic communications and other communications to be made to them.
8.3. The BUYER can stop data use-processing and/or communications at any time by reaching the SELLER through the specified communication channels and/or by contacting legally through the same channels or by exercising their right of refusal in electronic communications sent to them. According to the BUYER'S explicit notice in this regard, personal data processing and/or communications to them are stopped within the legal maximum period; also, if desired, information other than those that are legally required to be kept and/or possible is deleted from the data recording system or made anonymous so that their identity cannot be determined. If the BUYER wishes, they can apply to the SELLER at any time through the above communication channels and obtain information about matters such as transactions related to the processing of personal data, persons to whom it is transferred, correction if incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result emerging against them through analysis by automatic systems, compensation in case of damage due to unlawful processing of data. Applications and requests on these matters will be fulfilled within legal maximum periods or may not be accepted by explaining the legal reason to them.
8.4. All intellectual and industrial rights and property rights belong to the SELLER regarding all information and content belonging to the WEBSITE and their arrangement, revision and partial/complete use; except those belonging to other third parties according to the SELLER'S agreement.
8.5. The SELLER reserves the right to make any changes it may deem necessary on the above matters; these changes become valid as soon as they are announced by the SELLER from the WEBSITE or by other appropriate methods.
8.6. Privacy-security policies and terms of use belonging to other sites accessed from the WEBSITE are valid, and the SELLER is not responsible for disputes and negative consequences that may arise.
OTHER MATTERS
In order cancellations including withdrawals in accordance with the contract and law, and in contract terminations, if the Product price has been collected, it is refunded to the Consumer in a manner appropriate to the means by which they paid the Product price within a maximum of 14 days. For example, in credit card payments, the refund process is also made by refunding to the Consumer's credit card, and the Product amount is refunded 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 accounts after the return to the bank is made by the SELLER is entirely related to the bank transaction process, the SELLER is not responsible in any way for possible delays arising from such reasons beyond its initiative (banks' processes of reflecting the refund to the Consumer account can generally take up to three weeks).
The Consumer can notify their requests and complaints about the Product and sales to the SELLER verbally or in writing by reaching through the communication channels specified above. As the SELLER, we are pleased to meet the legitimate requests-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 their or the SELLER'S place of residence (where their domicile is located) within the monetary limits determined and announced annually by the Ministry of Customs and Trade, and to Consumer Courts in cases exceeding the limits.
The Consumer, upon approval, has been informed about all matters including the basic feature-qualities of the Product/Products subject to sale, sales price, payment method, delivery procedures and right of withdrawal, and conditions for personal information-electronic communication and reward points, which will form an integral part of the Distance Sales Agreement with these Pre-Information.
All explanations and information in this Order-Contract Pre-Information are valid as of the moment the Consumer approves on the WEBSITE and, upon acceptance, are applied bindingly together with the Distance Sales Agreement between the SELLER and the Consumer (BUYER).