Terms & Conditions
PRELIMINARY INFORMATION SHEET
- PARTIES AND THE SUBJECT
This Preliminary Information Sheet informs the BUYER to the SELLER in accordance with the Consumer Protection Law and the Regulation on Distance Contracts, as regards distance contracts between the two parties. This Preliminary Information Sheet also includes information on matters referred to in paragraphs 5/1 a, d, g and h of the Regulation on Distance Contracts.
The SELLER shall enter the preliminary information sheet and distance sales contract and the BUYER can at any time access the texts on the Website.
- DEFINITIONS
As used in this Contract, the following words and phrases shall be defined as follows:
THE BUYER |
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A natural or legal entity who, with or without a commercial or a professional purpose, acquires, utilises or benefits from a good or service |
Ministry |
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Ministry of Trade |
Service |
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The subject of any consumer operation carried out or committed for a fee or interest other than providing goods |
Law |
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Consumer Protection Law |
Website |
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SELLER’s Website |
SELLER |
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PSHC Ev ve Tekstil Ürünleri İhracat ve İthalat Limited Şirketi |
Orderer |
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A natural or legal entity who requests a good or a service through the SELLER’s Website or mobile application |
Contract |
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This Contract is executed between the SELLER and the BUYER |
Parties |
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The SELLER and the BUYER |
Product or Products |
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Portable goods, residential or vacation goods as well as all kinds of software, audio, visual and similar products designed for use electronically that are subject to shopping |
Regulation |
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Regulation on Distance Sales |
- SELLER’S DETAILS
Seller’s Name/Title |
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Seller’s Full Address |
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Seller’s Phone Number |
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Seller’s Mersis No |
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Seller’s E-mail |
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Courier for Delivery of Goods to the Seller, if the Buyer Returns the Goods |
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- BASIC PROPERTIES AND PRICE (INCLUDING VAT) OF THE CONTRACTED GOODS AND SERVICES
4.1. The basic features (type, quantity, brand/model, colour, number) of the Goods/Products/Services are available on the Website. The basic product features are available both on the relevant page where the product has been displayed and on the order summary page and below.
4.2. The prices listed and posted on the Website are the sales prices. The prices and guarantees posted are valid until updates and modifications have been made. The prices periodically posted are valid until the end of the given period.
4.3. The sales price of the contractual products or services, including all taxes, are listed on the following table.
Product Description |
Quantity |
Cash Price |
Total (Including VAT) |
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Grand Total |
Shipping Address |
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Delivered To |
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Seller’s Phone |
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Billing Address |
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Order Date |
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Delivery Method |
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THE SELLER COLLECTS THE PRICE OF THE CONTRACTED PRODUCT FROM THE BUYER. THE BUYER’S OBLIGATION ENDS WHEN THEY PAY THE PRICE OF THE GOODS. THE BUYER RESERVES THE RIGHT TO RETURN THE PRODUCT UNDER THE APPLICABLE LEGISLATION.
- PAYMENT AND DELIVERY TERMS
Total Product Price Excluding Shipping |
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Shipping Charge |
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Instalment Difference |
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Total Order Price |
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Order Date |
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Payment Method and Plan |
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The Delivery Terms shall be applied as indicated on the product page.
Delivery Terms:
Recipients:
- RIGHT TO WITHDRAWAL
- The BUYER may return the goods/services by exercising their right to withdrawal within 14 (fourteen) days starting from the establishment of the service performance, and from the date on which the goods are delivered to them as per the contracts pertaining to the delivery of goods, without giving any explanation.
The time for the withdrawal shall be calculated based on a) a single order and for goods delivered separately, on the day the BUYER or the third person designated by the BUYER receives the final goods.
- b)For goods composed of multiple pieces, on the day the BUYER or the third person designated by the BUYER receives the last piece.
- c)For the contracts where the goods are delivered regularly for a certain period of time, on the day the BUYER or the third person designated by the BUYER receives the first goods.
- The BUYER shall notify the SELLER of the exercise of their right to withdrawal on the Website. The SELLER shall be obliged to return the price of the goods/services within 14 (fourteen) days of the receipt of the BUYER’s withdrawal notice.
6.3. The price of such goods/services shall be paid to the BUYER, without any charge or obligation, according to the payment instrument utilised by the BUYER.
6.4. The BUYER shall return the product to the SELLER within 10 (ten) days of the notice related to the exercise of their right to withdrawal.
6.5. The BUYER shall not be liable for any modifications and deformations if they use the goods according to their properties and operating instructions within the term of withdrawal.
6.6. The SELLER shall be liable for the return shipping charge, as long as the BUYER sends the goods/services to be returned to the SELLER via the SELLER’s contracted courier, as indicated in the preliminary information sheet, domestic sales. The SELLER shall bear the costs. If there is no branch of the SELLER’s contracted courier at the BUYER’s location for the return of such goods, the BUYER may send the goods with any courier and in such case, the SELLER shall bear the shipping charge. If the BUYER sends the good to be returned to the SELLER via any courier other than the SELLER’s contracted courier, as indicated in the preliminary information sheet, the SELLER shall not be responsible for the return shipping charge and any damages incurred during the shipping of the good.
6.7. The corresponding return section should be completed and delivered by the BUYER where the goods and invoices are both provided.
6.8. Following the exercise of the right to withdrawal, any ancillary contracts between the BUYER and the SELLER shall cease without obligation to pay any charges, compensation or penalties.
6.9 The right of withdrawal shall not apply to handmade and delicate ornaments or unlabelled products.
- GENERAL PROVISIONS
8.1. The contracted product shall be delivered to the BUYER or to a natural/legal entity at the address indicated by the BUYER through the SELLER’s contracted courier within the legal period, depending on the distance of the BUYER’s residence, provided that the delivery time does not exceed the legal period of 30 (thirty) days. The SELLER sends and delivers the products they offer to the BUYERS through contracted couriers. If the courier has no branch where the BUYER is located, the BUYER must take delivery of the Product from one of the closest branches of the courier notified by the SELLER. Products indicated as the “estimated date of delivery” on the Website are offered as estimates for the delivery date and include no promise whatsoever. These products shall be delivered to the BUYER not later than 30 days, as required by the legislation.
8.2. The BUYER shall bear delivery costs (shipping charges, etc.) unless otherwise usually indicated.
8.3. If the BUYER is not personally present at their address at the time of delivery, the SELLER shall be deemed to have fully and without defects performed their obligation. If there is no one to pick up the delivery at the address, the BUYER shall be liable to contact the courier and follow up on the further delivery of the product. If the product is to be delivered to another natural/legal entity other than the BUYER, the SELLER shall not be held responsible for the natural/legal entity’s absence or failure to accept the delivery. In such cases, the BUYER shall cover the expenses incurred due to late receipt by the BUYER, any losses suffered as a consequence of the cargo being held by the courier and/or returned to the SELLER.
8.4. The BUYER shall be responsible for checking the Product upon receipt and refusing to accept it and having a report kept by the agent of the courier, in case of any problems with the product caused by the courier. Otherwise, the SELLER shall not accept any responsibility.
8.5. Unless otherwise stated in writing by the SELLER, the BUYER must have fully paid for the Product price before its delivery. If the BUYER fails to fully pay for the Product price before the delivery in cash sales and fails to make due payments in sale on instalments, the SELLER may unilaterally cancel the Contract and refuse to deliver the Product. In the event that the bank/financial institution that represents the credit card to which the transaction is made, for any reason, fails to pay the price of the product to the SELLER after the product delivery, the Product shall be returned by the BUYER to the SELLER, at their own expense, not later than three (3) days. The SELLER shall, without admitting the return, reserve all further contractual and legal rights, including the tracking and recovery of the price of the Product. The SELLER shall not be liable for any payments made to the SELLER by the bank and/or financial institution even if the failure code is sent by the bank for any reason.
8.6. The BUYER may, at their own expense, ask the purchased Product to be replaced.
8.7. If the product cannot be delivered within a legal 30-day period due to exceptional circumstances (weather conditions, heavy traffic, earthquake, flood, fire), except for the ordinary sales and delivery conditions, the SELLER shall notify the BUYER about the delivery. In such a case, the BUYER may cancel the order, order a similar product or wait until the exceptional circumstance disappears.
8.8. If the product price has been collected for the cancelled order, it shall be returned to the BUYER. For credit card payments, the price shall be refunded to the BUYER’s credit card and the Product amount shall be returned to the corresponding bank upon cancellation of the order by the BUYER; since the transfer of such sum to the BUYER’s account after it has been returned to the Bank is entirely related to the banking procedures, the BUYER agrees in advance that the SELLER shall unlikely, in any way, intervene or assume responsibility for possible delays (In general, it may take up to 3 (three) weeks for the banks to transfer the refund into the BUYER’s account.)
8.9. Where, except in exceptional circumstances, the contracted products cannot be supplied for legitimate reasons, the SELLER may supply other goods/services of equal quality and price by notifying the BUYER and obtaining their consent within 3 (three) days after discovering such circumstances and shall be deemed to have performed their contractual obligation thereby. Where the BUYER has no consent, the provisions on order cancellation shall apply.
- RULES AND TERMS RELATED TO THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL RIGHTS
9.1. Pursuant to Law No. 6698 on the Protection of Personal Data, the BUYER may share information, such as the BUYER’s name, last name, email address, Turkish Identity number, demographic data and financial data as can be defined as personal data with the SELLER, their affiliates or third parties from which they receive services, and these parties may record the foregoing data for an indefinite/fixed period, store them in written/magnetic archives, use, update, share, transfer them and process them in other ways to receive orders, provide products and services, develop products and services, solve system problems and make payments, use for marketing orders, products and services – with prior consent – to update the BUYER’s information, manage and maintain the memberships and to perform the distance sales contracts and other agreements established between the BUYER and the SELLER and to enable the SELLER to perform technical, logistic and other similar functions of third parties.
9.2. The SELLER may, by means of SMS, instant notifications, Automated Calls, Computer systems, Mobile Phones, emails, faxes and other electronic communication tools, deliver corporate digital communications to the BUYERS in accordance with the legislation in force for the promotion, advertising, communication, special offers, sales and marketing of all kinds of products and services and for credit card and membership information, transactions and applications.
9.3. Depending on the nature of the data and transactions recorded on the SELLER’s Website, the appropriate measures for the security of the data and transaction are taken within the SELLER’s own system infrastructure under current technical means. However, given that such information is entered on the BUYER’s device, the BUYER shall be responsible for taking the necessary measures for their protection by the BUYER and the access by the unauthorised persons, including those linked to viruses and similar malware programs.
9.4. The BUYER may request the SELLER to stop using, processing the data and/or communication at all times by accessing through the specified communication channels. In this respect, the BUYER’s explicit notification states that the processing of personal data and/or communication to them shall be ceased within the maximum permissible time limit; if the BUYER wishes, the personal data is erased from data storage or anonymised in an unidentifiable way, unless as required by law and/or as feasible to be safeguarded. If the BUYER so wishes, they may apply to and get information from the SELLER at any time with regard to their rights to learn whether their personal data is processed or not; to know the third parties to whom their personal data is transferred; to request the rectification of the incomplete or inaccurate data, if any; to request notification to third parties of such rectification; to request the erasure or destruction of their personal data; to object to the processing, exclusively by automatic means, of their personal data, which leads to an unfavourable consequence for the data subject; and to request compensation for the damage arising from the unlawful processing of their personal data. Such applications shall be reviewed and the BUYER shall be informed within the legally prescribed periods.
- DISPUTE RESOLUTION
10.1 Any disputes, conflicts and controversies arising out of the implementation of this Preliminary Information Sheet and in connection with this Contract shall be settled by the Consumer Arbitration Committees and Consumer Courts where the BUYER has received Goods or Services and their residence is located, up to the value announced by the Ministry of Industry and Trade. The county/province consumer arbitration committees shall be authorised for consumer claims within the lower and upper limits stated in article 68(1) of the Consumer Protection Law No. 6502.
The above information shall be given in conformity with the used distant communication tool and within good faith principles for commercial purposes in a way to protect those who are incapable, minor or disabled.
DISTANCE SALES CONTRACT
- PARTIES
This Distance Sales Contract (“Contract”) is entered into electronically by and between the buyer (“BUYER”) and the seller (“SELLER”), whose addresses are set out below, under the following terms and conditions. The BUYER and the SELLER shall occasionally be collectively referred to as the “PARTIES”.
- DEFINITIONS
As used in this Contract, the following words and phrases shall be defined as follows:
THE BUYER |
: |
A natural or legal entity who, with or without a commercial or a professional purpose, acquires, utilises or benefits from a good or service |
Ministry |
: |
Ministry of Trade |
Service |
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The subject of any consumer operation carried out or committed for a fee or interest other than providing goods |
Law |
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Consumer Protection Law |
Website |
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SELLER’s Website www.peshce.com |
SELLER |
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A natural entity, including legal public entities, that offer goods to consumers for commercial or professional purposes or acts for or on behalf of the provider |
Orderer |
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A natural or legal entity who requests a good through the SELLER’s Website www.peshce.com or mobile application, |
Contract |
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This Contract is executed between the SELLER and the BUYER |
Parties |
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The SELLER and the BUYER |
Product or Products |
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Movable goods to be traded |
Regulation |
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Regulation on Distance Sales |
- SUBJECT AND SCOPE OF THE CONTRACT
This Contract is made in accordance with Consumer Protection Law No. 6502 and Regulation on Distance Contracts. The Parties accept and declare that they are aware of and understand the obligations and liabilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. This Contract sets forth the rights and obligations of the Parties in relation to the sale and delivery of goods with the qualifications hereby described, which the natural entity, the BUYER electronically places the orders for the purchase of the SELLER’s goods, offered on the Ordered SELLER’s Website, in accordance with the provisions of Consumer Protection Law No. 6502 and Regulation on Distance Contracts.
- MATTERS FOR WHICH THE BUYER HAS BEEN NOTIFIED IN ADVANCE
4.1. The BUYER acknowledges that they reviewed, read, understood, and were informed of all general and specific disclosures on the relevant pages/sections of the Website prior to the establishment of this Contract being established with the affirmation of the Website BUYER and the BUYER becomes obligated to place an order or make the payment.
- Basic features of the purchased goods.
- Seller’s Title, MERSIS number, if any.
- Full address, phone number and other contact details.
- Total price including taxes, further charges, such as shipping if any.
- Payment, delivery information.
- Terms of exercise of the right to withdrawal.
- Right to refer to the Consumer Court or Arbitration Committee.
- SELLER’S DETAILS
Title |
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Address |
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Mersis |
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Telephone |
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Fax |
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Seller’s E-mail |
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- BUYER’S DETAILS
Delivered To |
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Shipping Address |
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Telephone |
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Fax |
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Email/Username |
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- BILLING DETAILS
Invoice Delivery: The invoice shall be delivered with the order to the delivery address at the time of delivery.
- INFORMATION ON THE CONTRACTED PRODUCT/PRODUCTS
8.1. The basic features (type, quantity, brand/model, colour, number) of the Goods/Products/Services are available on the Website.
8.2. The prices listed and posted on the Website are the sales prices. The prices and guarantees posted are valid until updates and modifications have been made. The prices periodically posted are valid until the end of the given period.
8.3. The sales price of the contractual products or services, including all taxes, are listed in the following table.
Product Description |
Quantity |
Cash Price |
Total (Including VAT) |
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Grand Total |
Shipping Address |
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Delivered To |
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Billing Address |
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Order Date |
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Delivery Method |
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8.4. THE SELLER COLLECTS THE PRICE OF THE CONTRACTED PRODUCT FROM THE BUYER. THE BUYER SHALL BE LIABLE TO PAY THE PRICE OF THE GOODS TO THE SELLER. THE BUYER RESERVES THE RIGHT TO RETURN THE PRODUCT UNDER THE APPLICABLE LEGISLATION.
- GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that they have read, been informed of and confirmed electronically the preliminary information on the basic features, sale price and payment method, as well as the delivery of the contracted product on the Website. The BUYER, as a consumer, can deliver their demands and complaints to the SELLER’s foregoing contact details. The BUYER agrees, declares and undertakes that they have obtained the address that the SELLER must provide to the BUYER, basic features of the ordered products, price of the products including taxes, payment and delivery information accurately and completely before the BUYER confirms the Preliminary Information Form electronically and the establishment of the Distance Sales Contract.
9.2.The contracted product shall be delivered to the BUYER or to a person and/or corporation at the address indicated by the BUYER through the SELLER’s contracted courier within the time as indicated in the preliminary information section of the Website, depending on the distance of the BUYER’s residence, provided that the delivery time does not exceed the legal period of 30 (thirty) days. If the SELLER fails to fulfil their obligations within such period, then the BUYER may terminate the Contract. These products shall be delivered to the BUYER not later than 30 days, as required by the legislation. If the BUYER or the recipient has not been found at the time of delivery, the SELLER shall not be liable for any losses or expenses incurred due to the BUYER’s late receipt and/or non-receipt
9.3. The SELLER acknowledges, declares and undertakes to provide the Contracted Product in full, conforming with the qualities indicated in the order, free of any defects, in a sound and uniform way in compliance with the legal regulations within the principles of precision and good faith, to maintain and improve the quality of service and to exercise due care and diligence in the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply an alternative product of equal quality and price by informing the BUYER and obtaining their explicit consent before the contractual obligation expires.
9.5. The BUYER may, at their own expense, ask the purchased Product to be replaced.
9.6. The BUYER acknowledges, declares and undertakes that they shall confirm this Contract electronically for the delivery of the contracted Product and the SELLER’s obligation to deliver the contracted Product shall end if the BUYER fails to pay the price of the contracted Product and/or cancels the records of the bank or finance institution for any reason whatsoever. The BUYER agrees, declares and undertakes that the SELLER shall not be liable for any payments made to the SELLER by the bank and/or financial institution even though the failure code is sent by the bank for any reason.
9.7. The BUYER agrees, declares and undertakes to return the Contracted Product, at their own expense, to the SELLER within three (3) days if the SELLER is not paid the price of the Contracted Product by the associated bank or financial institution as a result of the unauthorised use of the Buyer’s credit card upon delivery of the contracted product to the BUYER or to a person and/or organization at the address indicated by the BUYER.
9.8. The BUYER shall check the contracted goods before receiving them; crushed, broken, damaged and defective goods with deformed packaging shall not be received from the courier. The received goods/services shall be deemed to be undamaged and sound. The BUYER shall be obliged to safeguard the goods/services with care after the delivery. If a right to withdrawal is to be exercised, goods must not be used. The invoice should be returned. The right of withdrawal shall not apply to handmade Products and delicate ornaments.
9.9. Unless otherwise agreed, the BUYER shall bear the delivery costs for the products. If the SELLER announces on their Website that the delivery charges are to be paid himself, the SELLER shall bear the delivery costs. When the SELLER’s stock lacks, the goods shall be delivered within the time committed after payment has been received.
9.10. Where it becomes impossible to deliver the ordered goods, the SELLER shall be obliged to notify the BUYER in writing within three (3) days of being aware of such circumstance and refund all collected payments, including delivery costs, if any, not later than fourteen (14) days from date of notification. The lack of the stock of goods shall not be construed as the impossibility of delivery of the ordered goods. The BUYER agrees, declares and undertakes that the average period to transfer the amount refunded by the SELLER to the BUYER’s account by the bank may be 2 (two) to 3 (three) weeks for the payments made by the BUYER using credit cards and that the BUYER shall not hold the SELLER responsible for any delays as the amount to be transferred to the BUYER’s accounts after the refund has been completed is entirely related to the banking procedures.
9.11. Where the credit card holder used in the order and the BUYER is not identical or if any security gap is identified related to that credit card before delivery of the product to the BUYER, the SELLER may request the BUYER provide the identity and contact information of the credit card holder, the statement of that credit card for the previous month or a letter from the card holder’s bank verifying that such credit card belongs to the holder. The order shall be suspended until the BUYER supplies the information/documents that are required and the SELLER shall reserve the right to cancel the order if the foregoing requests are not satisfied within 24 (twenty-four) hours.
9.12. No rights shall be asserted against the BUYER when unordered items are shipped. In such cases, the BUYER’s inaction and usage of goods shall not be construed as a declaration of acceptance for the establishment of the contract.
9.13. The quantities of products that the BUYER can order at times posted on the SELLER’s Website may be restricted. If the BUYER places orders over the quantities posted Website, the orders may be cancelled and the product prices shall be refunded to the BUYER within the legal period. The BUYER agrees, acknowledges and undertakes that they have placed their order by accepting such facts and that the SELLER shall have the right to cancel the orders exceeding the quantitative limit.
- RULES RELATED TO THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL RIGHTS
10.1. Pursuant to Law No. 6698 on the Protection of Personal Data, the BUYER may share information, such as the BUYER’s name, last name, email address, Turkish Identity number, demographic data and financial data as can be defined as personal data with the SELLER, their affiliates or third parties from which they receive services, and these parties may record the foregoing data for an indefinite/fixed period, store them in written/magnetic archives, use, update, share, transfer them and process them in other ways to receive orders, provide products and services, develop products and services, solve system problems and make payments, use for marketing orders, products and services – with prior consent – to update the BUYER’s information, manage and maintain the memberships and to perform the distance sales contracts and other agreements established between the BUYER and the SELLER and to perform technical, logistic and other similar functions of third parties.
10.2. The SELLER may, by means of SMS, instant notifications, Automated Calls, Computer systems, Mobile Phones, emails, faxes and other electronic communication tools, deliver corporate digital communications to the BUYERS in accordance with the legislation in force for the promotion, advertising, communication, special offers, sales and marketing of all kinds of products and services, membership information, transactions and applications.
10.3. Depending on the nature of the data and transactions recorded on the SELLER’s Website, the appropriate measures for the security of the data and transaction were taken within the SELLER’s own system infrastructure under current technical means. However, given that such information is entered on the BUYER’s device, the BUYER shall be responsible for taking the necessary measures for their protection by the BUYER and the access by the unauthorized persons, including those linked to viruses and similar malware programs.
10.4. The BUYER may request the SELLER to stop processing the data and/or communication at all times by accessing through the specified communication channels. In this respect, the BUYER’s explicit notification states that the processing of personal data and/or communication to them shall be ceased within the maximum permissible time limit; if the BUYER wishes, the personal data is erased from data storage or anonymised in an unidentifiable way, unless as required by law and/or as feasible to be safeguarded. If BUYER so wishes, they may apply to and get information from the SELLER at any time with regard to their rights to learn whether their personal data are processed or not; to know the third parties to whom their personal data is transferred; to request the rectification of the incomplete or inaccurate data, if any; to request notification to third parties of such rectification; to request the erasure or destruction of their personal data; to object to the processing, exclusively by automatic means, of their personal data, which leads to an unfavourable consequence for the data subject; and to request compensation for the damage arising from the unlawful processing of their personal data. Such applications shall be reviewed and the BUYER shall be informed within the legally prescribed periods.
- RIGHT OF WITHDRAWAL
11.1. The BUYER may return the purchased goods/services by exercising their right to withdrawal in writing within 14 (fourteen) days of the delivery date, without assuming any legal and penal consequences and giving any explanation.
11.2. The SELLER shall be notified in writing, within its period, of the provisions of the law in order to exercise the right to withdraw.
11.3. In the event of exercising the right to withdrawal:
- a) The BUYER shall return the goods to the SELLER with the contracted courier within 10 (ten) days of exercising the right to withdrawal.
- b)The goods, including its box, packaging, and label, if any, as well as the standard accessories, the gift items shipped with the goods must be returned in full and without damage under the right to withdrawal.
11.4. The BUYER shall not be liable for any modifications and deformations if they use the goods according to their functions, technical specifications and operating instructions within the term of withdrawal.
11.5. The prices of the goods shall be refunded to the BUYER in the same way, as the payment has been made, within 14 (fourteen) days following the exercise of the right to withdrawal. When the goods are returned to the SELLER, the BUYER must return the original invoice submitted to them during delivery.
11.6. In any sales, the BUYER shall be responsible for the return shipping charge of the product that they will return. The SELLER shall bear the return shipping charge, as long as the BUYER sends the goods to be returned to the SELLER via the SELLER’s contracted courier, as indicated in the preliminary information sheet, domestic sales. If there is no branch of the SELLER’s contracted courier at the BUYER’s location for the return of such goods, the BUYER may send the goods with any courier and in such case, the SELLER shall bear the shipping charge. If the BUYER shall send the goods to be returned to the SELLER via any courier, other than the SELLER’s contracted courier, as indicated in the preliminary information sheet, the SELLER shall not be responsible for the return shipping charge and any damages incurred during the shipping of the returned goods.
11.7. Where the BUYER exercises their right to withdrawal or the ordered product cannot be supplied for various reasons or the arbitration tribunal decides on the refund of the amount to the BUYER if the payment has been made by a credit card or in monthly instalments, the refund procedure to a credit card is as follows:
- The Bank shall also refund to the Buyer in same instalments, in which the Buyer has purchased the goods.
- Where the instalment expenditures by bank POS are refunded to the BUYER’s credit card after the SELLER has paid the bank the entire amount of the product in one lump sum, the Bank shall also transfer the claimed refund amounts into the payee accounts in instalments to prevent any involved party from being aggrieved.
- The instalment amounts that have been paid by the BUYER until the sales are cancelled shall be transferred to the card as one (1) refund each month if the return date does not overlap with the statement dates, and the BUYER shall take back the instalments that have been paid before the return as many months as the number of instalments that have been paid before the return after the instalments have been fully paid and such instalments shall be deducted from their current debts.
- DISPUTE RESOLUTION
12.1. Any disputes, conflicts and controversies arising out of the implementation of Distance Sales Contract shall be settled by the Consumer Arbitration Committees and Consumer Courts where the BUYER has received Goods or Services and their residence is located, up to the value announced by the Ministry of Industry and Trade.
12.2. The county/province consumer arbitration committees shall be authorised for consumer claims within the lower and upper limits stated in article 68(1) of the Consumer Protection Law No. 6502.
- PRICE OF GOODS/SERVICES
The cash or future sales price of the goods is available in the order form and is the price that is included in the email notification sent at the end of the order and the invoice delivered along with the product. The sales prices shall include the discounts, coupons, shipping charges and other SELLER’s practice.
- DEFAULT AND LEGAL CONSEQUENCES
14.1. If the BUYER defaults on the credit card transactions, the cardholder shall pay interest as per the credit card agreement signed with the bank and shall be liable directly to the bank. In this case, the associated bank may resort to legal remedies, claim costs and attorney’s fees from the BUYER, and in all circumstances, when the BUYER defaults on their obligation, the BUYER shall be liable for the damages and losses suffered by the SELLER due to the delayed performance of the BUYER’s debt.
- NOTICES AND EVIDENTIAL CONTRACT
15.1. Any correspondence between the Parties hereunder shall be exchanged via e-mail, except for the compulsory circumstances stipulated by the legislation.
15.2. The BUYER accepts, declares and undertakes that the SELLER’s official ledger and commercial records, as well as the electronic data and computer logs that the BUYER keeps in their own database and servers, shall be binding, conclusive and exclusive evidence in disputes that may arise from this Contract and this article shall serve as an evidential contract under Article 193 of the Code of Civil Procedure.
- ENFORCEMENT
16.1. The Parties hereto have caused this Contract of 19 (nineteen) articles to be executed and entered into force by being read and approved electronically by the BUYER. One copy of this Contract is available in the BUYER’s membership account and can also be e-mailed upon request.