ARTICLE 1- PARTIES
 

1.1- VENDOR:

Title: EST 1923 Perakende ve İnteraktif Mağazacılık Tic. Ltd. Şti.

Ayazağa Mh. Cendere Cd. 109-B 1B Blok Kat:20 No:45

Phone :08505774101

Fax :02124653990

E-mail:[email protected]

a) Basic characteristics of the goods or services under the contract,

b) Name or title and central registration system number, if any, of the vendor or provider,

c) Full address, telephone number and similar contact information of the vendor or provider, and the identity and address of the person acting on behalf or account of the vendor or provider, if any,

d) If the vendor or provider has contact information other than those specified in subparagraph (c) for the notification of the consumer complaints, the relevant information thereof,

e) the total price of the goods or services, including all taxes, the method of price calculation if they cannot be calculated beforehand due to their nature, all shipping, delivery and similar additional charges, if any, and the information that additional costs may occur in case these cannot be calculated in advance,

f) Additional costs incurred to consumers in cases where the cost of use of the remote communication device cannot be calculated on the regular fee schedule while drawing up the contract,

g) Information on payment, delivery, performance, and commitments thereof and methods of settlement of complaints by vendor or provider, if any,

h) In cases where there is a right of withdrawal, the information regarding the conditions, duration, and procedure to exercise such right and the carrier that the vendor provides for the return,

i) Full address, fax number or e-mail information to which notification of withdrawal will be sent,

j) In cases where the right of withdrawal cannot be exercised in accordance with Article 15 of the Regulation on Distance Contracts information that the consumer cannot exercise the right of withdrawal or under which conditions such right can be exercised,

k) Deposits or other financial collaterals to be paid or provided by the consumer upon the request of the vendor or provider, if any, and the related conditions,

l) Technical protection measures that may affect the functionality of the digital content, if any,

m) Information on which hardware or software the digital content may work with, which the vendor or provider knows or is reasonably expected to know,

n) Information that consumers can apply to the Consumer Court or the Consumer Arbitration Committee for dispute.

1.2- BUYER: 

Name/Surname/Title : {BUYERNAME}

Address:{BUYERADDRESS}

Phone:{BUYERTELEPHONE}

E-mail:{BUYEREMAIL}

 

ARTICLE 2- SCOPE

The scope of this contract is the determination of the rights and obligations of the parties as per Law No. 4077 on the Protection of Consumers and Regulation on the Principles and Procedures of Distance Contracts regarding the sales and delivery of the product whose characteristics and sales price is provided below, electronically ordered by the BUYER on EST 1923 Perakende ve İnteraktif Mağazacılık Tic. Ltd. Şti. website of the VENDOR.

ARTICLE 3- PRODUCT UNDER THE CONTRACT

Date : {DATE}

{PRODUCTS}

Name of the Product   Pieces  Total Product Amount 
 

Sort and type, quantity, brand/model, color, and sales price of the products are as provided above.
 

Payment method: {PAYMENTMETHOD}

Delivery address: {DELIVERYADDRESS}

{PAYMENTTYPE} Total {PAYMENTAMOUNT}

ARTICLE 4- GENERAL PROVISIONS
 

4.1- BUYER, E.S.T. I hereby accept and declare that I have read and been informed of the preliminary information on the name, surname, title and related commercial identification information of the vendor or the provider, the basic characteristics of the product under contract, sales price including taxes, payment method and additional costs such as shipment, delivery, etc. on Eyüp Sabri Tuncer Kozmetik Sanayi A.Ş website, and I have electronically given my confirmation. The Vendor agrees, declares and undertakes in advance that the Vendor has provided all kinds of preliminary information as required while drawing up this contract.

4.2- The product under the contract shall be delivered to the BUYER or the person/organization determined by the BUYER within the period provided on the website in the preliminary information, depending on the distance of the BUYER's place of residence, on the condition that such period shall not exceed the legal 30-day (thirty) period. The BUYER accepts and declares that the VENDOR shall not be held responsible for any delays or any other sufferings that may be caused in case the product is not received by the BUYER or any 3rd party to be indicated by the BUYER during the period specified.

4.3- In case the product under the contract is to be delivered to another person/organization other than the BUYER, the VENDOR may not be held responsible for the refusal of the delivery by such person/organization.

4.4.a) The VENDOR shall be responsible for the delivery of the product under Contract in a sound and complete condition, in accordance with the characteristics specified in the order and along with the warranty documents and user manuals, if any.
b) Provided that the BUYER is informed and explicit written approval of the BUYER is obtained within the period of the contractual obligation, the VENDOR may supply an equivalent product of the equal quality and price.

4.5- For the delivery of the product under the contract, the signed copy of this contract must be delivered to the VENDOR and the price must be paid using the payment method preferred by the BUYER. In case the product price is not paid or the payment is canceled in the bank records for any reason, the obligation of the VENDOR to deliver the product shall cease. 

4.6- The BUYER accepts, declares and undertakes that in case the bank or the financial institution does not make the payment to the VENDOR after the delivery of the product due to misuse or illegal use of the credit card of the BUYER which is not caused by the BUYER's fault, the BUYER shall pay the product price including shipment all additional costs to the VENDOR under the conditions and method determined in the contract within 3 (three) after becoming aware of this situation, provided that the product is delivered to the BUYER, the BUYER shall return the product to the VENDOR in undamaged and complete condition within 3 (three) days. In this case, the shipping costs shall be borne by the

BUYER.


4.7- The VENDOR is obliged to notify the BUYER in case the BUYER fails to deliver the product under the contract within due period due to force majeure or weather opposition that prevents transportation, natural disasters such as flood, earthquake, fire, etc. and extraordinary circumstances such as interruption of transportation, war, mobilization, legal strikes, etc. In this case, the BUYER may choose to cancel the order, to replace the product under the contract with an equivalent one and/or to postpone the delivery time until the circumstance that prevents the delivery is eliminated. The BUYER also acknowledges, declare and undertake that the BUYER shall immediately notify the VENDOR in writing as soon as the choice is made after becoming aware of force majeure.
In case the BUYER cancels the order, the product price shall be refunded to the BUYER in cash and lump sum within 14 (fourteen) days for the payments made in cash. For the payments made using a credit card, the product price shall be refunded to the related bank within 14 (fourteen) days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that it may take 2 to 3 weeks to refund the amount to the credit card by the VENDOR to the BUYER account, that how much time it will take for this amount to be transferred to the BUYER's account is completely related to bank processes, and that the BUYER shall not hold the VENDOR responsible for possible delays.

4.8- Faulty or defective products sold with or without warranty certificate may be sent to the VENDOR for the necessary repair within the terms of the warranty, in which case the shipping costs shall be borne by the VENDOR. 

4.9. The VENDOR is entitled to contact the VENDOR for communication, marketing, notification and other purposes via mail, e-mail, SMS, phone call or other means using the address, e-mail address, landline and mobile phone numbers and other contact information provided by the BUYER on the registration form or as subsequently updated by the BUYER.

4.10. The BUYER accepts and declares that the personal and other information provided during registration with the website of the VENDOR are real and accurate and that the BUYER shall compensate any damages suffered directly or indirectly by the VENDOR upon first request in cash and in lump sum in case such information is not true. 

4.11. The BUYER agrees and undertakes to fully comply with the provisions of applicable legislation and the provisions of this contract while using the VENDOR website. Otherwise, all legal, administrative and penal obligations to be incurred shall be completely and exclusively borne by BUYER. The BUYER shall also be liable for any loss or damage incurred by the VENDOR in case of any violation of this contract. 

4.12. The VENDOR shall not use the website of the VENDOR in such way that the use will disturb the public order, be unethical, disturb or harass others, or violate the material and nonmaterial rights of others for any purposes that are against the laws including the laws on the protection of personal data and informatics. Additionally, members may not engage in activities that may prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER is entitled to withdraw within 14 (fourteen) days after the delivery of the product(s) under this Distance Sales Contract to the BUYER or to the specified person/organization at the address indicated. However, the right of withdrawal of the BUYER shall be limited to the exceptions set forth in Article 15 of the Regulation on Distance Contracts, and in case the subject of the Contract is a product or service within the scope of this article, the right of cancellation may not be exercised by the BUYER. In order to exercise the right of withdrawal, the BUYER is obliged to notify the VENDOR by fax, e-mail or telephone within this period and the product shall be unused within the scope of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the VENDOR. The product price shall be refunded to the BUYER within 14 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, may not be refunded. The shipping cost of the product returned by exercising the right of withdrawal shall be covered by the VENDOR. The burden of proof that the right of withdrawal is exercised lays with the BUYER in accordance with this article. The right of withdrawal may not be used in the service contracts where the performance of the service has started before the right of withdrawal period expires. n case there is a decrease due to the BUYER defect that the product can no longer be sold, it becomes defective goods or if it becomes impossible to return for any product subject to the right of withdrawal, the BUYER is obliged to compensate the VENDOR for all damages arising therefrom.
 

ARTICLE 6- PRODUCTS WHERE THE RIGHT TO WITHDRAWAL CANNOT BE EXERCISED

Products prepared in accordance with the BUYER's request or expressly stated personal needs, and non-returnable, disposable products, goods with danger of rapid deterioration or with shırt expiry period, products that are not suitable for return after unpacking due e to health and hygiene concerns, products which are mixed with other products after delivery and which are inherently not possible to be separated, products related to periodicals such as newspapers and magazines other than those provided under a subscription agreement, services rendered instantly in electronic environment or intangible goods instantly delivered to the consumer and any unpacked audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables cannot be returned pursuant to the Regulation. Furthermore, exercise of the right of withdrawal is not possible pursuant to the Regulation for services where the performance has begun before the expiration of the right of withdrawal period. Exercising the right of withdrawal in the following products is subject to the condition that the product must unopened, intact and unused.
-Portable Computer (Cannot be returned after the original operating system is installed.)
-All kinds of software and programs
-DVD, VCD, CD, and cassettes
-Computer and stationery supplies (toner, cartridge, ribbon, etc.)
- All kinds of cosmetic products
- Phone top-up orders
 

ARTICLE 7- COMPETENT COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the settlement addresses of the BUYER or the VENDOR (where the consumer transaction is performed) shall be competent up to the value determined by the Ministry of Industry and Trade.

ARTICLE 8- EFFECT

When the BUYER makes the payment for the order placed on the website, the BUYER shall be deemed to have accepted all the terms of this contract.

Çerez Kullanımı

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