Distance Sales Agreement
ARTICLE 1. SELLER
Tiryaki Güzellik Hizmetleri Ltd. Şti.
Company Address: Hüsrev Gerede Cad. Teşvikiye Mah. 86/1 Sevinç Apt. Nişantaşı/Şişli/Istanbul
Website address: ondertiryaki.com.tr
E-mail: [email protected]
ARTICLE 2. SUBJECT MATTER OF THE CONTRACT
2.1. The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502, the Regulation on Distance Contracts and other relevant legislation regarding the sale and delivery of the product whose qualifications and sales price are specified below, which is ordered electronically by the real or legal person ("BUYER") from the website of https://www.ondertiryaki.com.tr ("Website"). The provisions of the Code of Obligations and the Turkish Commercial Code shall be applicable to the BUYERs who are not considered as consumers.
2.2. The BUYER accepts and declares that the SELLER has been informed by the SELLER in a clear, understandable and online manner about the name, title, full address, telephone and other access information of the SELLER, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. all preliminary information related to the goods subject to sale, the use of the right of "withdrawal" and the official authorities where they can convey their complaints and objections about how to use this right, that they have confirmed this preliminary information electronically and then ordered the goods.
2.3. Preliminary Information on the Website and the invoice issued upon the order given by the BUYER are integral parts of this contract.
ARTICLE 3. CONTRACTUAL PRODUCT(S), DELIVERY, PAYMENT INFORMATION
The BUYER accepts and declares that they have been informed about the type and type, code, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the Product(s) received electronically before the payment is made and that they approve this information. The person to be invoiced and the person making the contract must be the same.
ARTICLE 4. PRELIMINARY INFORMATION TO THE BUYER
The BUYER accepts, declares, and undertakes that they have been informed before the establishment of this Contract on the Website by the BUYER and the order and payment obligation, and that they have been informed by reading the "Order and Contract Preliminary Information Text" on the website.
ARTICLE 5. PRODUCT FEATURES
ARTICLE 6. ORDER & PAYMENT TERMS
TRY amount including VAT of the products selected by the BUYER (total installment amounts in installment transactions) and all costs including shipping fee, if any, shall be processed over the payment method selected by the BUYER after being approved by the BUYER and following the payment, an order confirmation e-mail shall be sent to the BUYER before the shipping of the Products. Shipping is not made without sending Order Confirmation e-mail.
ARTICLE 7. SHIPPINGS AND DELIVERY CONDITIONS
6.1. The SELLER shall send the Products within a maximum of 30 days through its contracted shipping company. In the event that this shipping company does not have a branch in the place where the BUYER is located, the BUYER is required to receive the Product from the nearest branch of the shipping company within 7 days at the latest; otherwise, the BUYER is responsible for all damages and expenses that may arise.
6.2. In the event that the BUYER is not present at the address of the BUYER at the time of delivery of the Products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled their act in this regard. In the event that there is no one to take delivery at the address, it is the BUYER's responsibility to follow up shipping of the products by contacting the shipment company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER shall not be held liable for the fact that the person/organization to be delivered is not at the address or does not accept the delivery. In such cases, all kinds of damages arising from the late receipt of the Product by the BUYER and the expenses incurred due to the fact that the Product has waited at the shipping company and/or the return of the shipment to the SELLER shall be borne by the BUYER.
6.3. The BUYER is responsible for checking the Product as soon as they receive it and when they see a problem in the Product caused by the shipment, not accepting the Product and keeping a report to the Shipping company official. Otherwise, the SELLER shall not accept any liability.
6.4. If the Product cannot be delivered within the legal period due to force majeure, the SELLER shall immediately notify the BUYER. In this case, the BUYER may cancel the order or wait until the force majeure situation ends. In the event that the Product cannot be supplied by the SELLER, the SELLER shall clearly inform the BUYER within 3 days at the latest from the date of learning of this situation and the BUYER shall cancel the order. Upon cancellation of the order by the BUYER, the SELLER is obliged to return to the BUYER the total price paid by the BUYER and any documents that put it under debt, if any, within 14 days at the latest. In such a case, the BUYER shall not claim any additional pecuniary and non-pecuniary damages from the SELLER.
6.5. If, for any reason after the delivery of the Product, the bank/financing institution to which the transaction belongs does not pay the price of the Product to the SELLER or requests the refund of the price paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the BUYER, the shipping costs shall be borne by the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
ARTICLE 8. BUYER'S RIGHT OF WITHDRAWAL AND TERMS OF USE
7.1. The BUYER shall have the right to withdraw from the order and the Contract within fourteen (14) days from the date of receipt of the Product without showing any justification and without paying any penalty. However, the BUYER may exercise its right of withdrawal within the period from the establishment of the Contract to the delivery of the Product.
7.2. Unless otherwise agreed in writing by the Parties, the BUYER may not exercise its right of withdrawal by law, even if it has not been used, in relation to the following Product (s):
a) Products or services whose price varies due to fluctuations in financial markets and which are not under the SELLER's control,
b) Products prepared in line with the BUYER's wishes or personal needs (those that are customized to personal/personal needs by making changes/additions),
c) Products that can deteriorate quickly or expire,
d) Products whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health-hygiene,
e) Products that are mixed with other products after delivery and cannot be separated due to their nature,
f) Services started to be performed with the approval of the BUYER before the expiration of the right of withdrawal.
7.3. The BUYER is required to direct their notification that they have exercised their right of withdrawal to the SELLER in writing or with the permanent data storage within the period specified above as follows.
7.3.1. If the right of withdrawal is used before the delivery of the products to the shipping company for delivery to the BUYER, the BUYER shall send the necessary notification to the SELLER's [email protected] e-mail address orthrough the number .................................7.
7.3.2. If the right of withdrawal is used following the delivery of the products to the shipping company for delivery to the BUYER, the BUYER shall complete the return form on the back of the invoice delivered with the product and deliver the Products to the shipping company notified by the SELLER with the box, packaging and standard accessories, if any, complete and undamaged. Return invoice should be issued in case of Product returns with invoice issued on behalf of institutions.
7.4. If the right of withdrawal is exercised, the BUYER is obliged to return the Product(s) to the SELLER within ten (10) days at the latest from the date of the notification of withdrawal. The shipping cost of the returned Product shall be paid by the SELLER, provided that the SELLER's contracted shipping company is used.
7.5. The SELLER shall return the Product price and all payments collected, including the delivery costs of the goods to the consumer, to the BUYER within 14 days from the date of receipt of the withdrawal notification, provided that the right of withdrawal is fulfilled in time and duly by the BUYER, in accordance with the payment instrument used by the BUYER when purchasing the Product. The delivery cost collected from the customer shall be borne by the SELLER only if all the products subject to the same order are returned.
7.6. The SELLER reserves the right to collect and deduct monetary values such as discounts and/or any reward points, if any, from the BUYER in case of withdrawal in accordance with the law and other order-contract cancellations.
7.7. In cases where the right of withdrawal is not foreseen by law, the right of withdrawal cannot be utilized, and in cases where this right is not used duly or on time, the BUYER loses their right of withdrawal.
7.8. In the event that there is more than one product in the order placed by the BUYER and the BUYER wants to return some of these products, the BUYER may use the right of withdrawal related to these products only after the product is delivered to him.
7.9. The Products sold online are not returned in the retail stores of the SELLER.
ARTICLE 9. 3. TERMS OF STORAGE AND USE
ARTICLE 10. RETURN AND EXCHANGE CONDITIONS
ARTICLE 11.SHIPPING, TRANSPORTATION ETC. CONDITIONS
ARTICLE 12. ISSUES RELATED TO CONFIDENTIALITY, INFORMATION SECURITY, PERSONAL DATA AND INTELLECTUAL RIGHTS
8.1. The 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, to the extent of technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them from the BUYER's side and to prevent them from being accessed by unrelated persons.
8.2. The BUYER may at any time stop data usage-processing and/or communications by contacting the SELLER through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; in addition, if they wish, their information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, they can always apply to the SELLER via above mentioned channels and get information for Transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or inaccuracy, notification of the corrected information to the relevant third parties, deletion or destruction of data, analysis with automatic systems in matters such as objection to the emergence of a result against them, removal of damage in case of damage due to unlawful processing of data. Applications and requests in these matters shall be fulfilled within the legal maximum period or may be rejected by explaining the legal reason to the party.
8.3. All intellectual-industrial rights and property rights, except those belonging to other third parties according to the contract of the SELLER, belong to the SELLER regarding all kinds of information and content of the Website and their arrangement, modification and partial/full use.
8.4. The BUYER may access and review the Preliminary Information and Contract text sent to the e-mail address following its approval at any time by saving and storing the said e-mail in the permanent data storage. The SELLER shall keep and keep the Preliminary Information and Contract text in its systems for three years.
8.5. The BUYER accepts and declares that the personal information they provide in this application form is correct, that all data such as shopping and personal information that they shall provide within the scope of their order together with this information, even if the BUYER's membership is terminated for any reason, is collected by the SELLER and its affiliates, contractors, all kinds of service providers that they work with within the scope of the Program and their shareholders and employees ("Program Partners"), that the SELLER and/or Program Partners are not responsible for the damages that may arise due to the processing of this data by the Program Associates and the failure to update the information in the application form or to give incorrect information.
8.6. The BUYER has been informed that they have the right to learn whether their personal data has been processed, to request information if their personal data has been processed, to learn the purpose of processing their personal data and whether they are used in accordance with their purpose, to know the third parties to whom personal data has been transferred domestically or abroad, to request correction of personal data in the event of incomplete or incorrect processing, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the law, to request notification of the third parties to whom personal data has been transferred regarding the correction, deletion or destruction of personal data, to object to any outcome against the person due to the analysis of the processed data exclusively through automated systems, and to request the recovery of damages in the event of any loss due to the illegal processing of personal data.
ARTICLE 13. FORCE MAJEURE
9.1. Situations that do not exist or are not foreseen at the date of signing of the contract, that develop outside the control of the parties, that make it impossible for one or both of the parties to fulfill their obligations and responsibilities under the contract, partially or completely, or to fulfill them on time, shall be considered as force majeure (natural disaster, war, terrorism, insurrection, changing legislation provisions, confiscation or strike, lockout, significant failure in production and communication facilities, etc.). The party to the other party that took place in the person of force majeure situation shall notify immediately and in writing.
9.2. During the continuation of the force majeure, the parties shall not have any responsibility for their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each of the parties shall have the right to unilaterally terminate.
ARTICLE 14. AUTHORIZED COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced every year by the Ministry of Customs and Trade are authorized in disputes that may arise from this Contract, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the ISTANBUL Arbitration Committees and Consumer Courts at the place of residence of the BUYER or the SELLER.
ARTICLE 15. DECLARATION OF ACCEPTANCE AND APPROVAL
The BUYER accepts and declares that they have read all the conditions and explanations written in this Contract and the Order-Contract Pre-Information that forms an integral part of the Website, that they have prior knowledge of all matters including the basic characteristics-qualities of the Product(s) subject to sale, sales price, payment method, delivery conditions, all other preliminary information-notifications and right of withdrawal related to the SELLER and the Product subject to sale, that they have seen all of them on the Website electronically, that they have read them, that they accept their content, and that they accept the provisions of this Contract by giving confirmation-approval-acceptance-permission in electronic environment to all of them.
I have read, accepted and approved the Distance Sales Contract.
