- PARTIES
This Agreement has been signed between the parties specified below under the terms and conditions set forth below.
A. ‘BUYER’; (hereinafter referred to as the “BUYER” in the contract)
B. ‘SELLER’; (hereinafter referred to as the “SELLER” in the contract)
NAME:
ADDRESS:
By accepting this agreement, the BUYER agrees that by confirming the order subject to the contract, they will be obliged to pay the order amount, any additional fees such as shipping costs, taxes, and acknowledges that they have been informed about this in advance.
- DEFINITIONS
In the application and interpretation of this agreement, the following terms shall have the meanings indicated next to them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of the Consumer,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction made or committed to be made in exchange for a fee or benefit other than supplying goods,
SELLER: The company selling goods to consumers within the scope of commercial or professional activities or acting on behalf of or on account of the seller,
BUYER: The natural or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
WEBSITE: The website belonging to the SELLER,
ORDERER: The natural or legal person who requests a product or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOOD: The movable property subject to the purchase and sale, and the intangible goods such as software, sound, images, and the like prepared for use in electronic media.
- SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product with the characteristics and sale price specified below, which the BUYER orders electronically through the SELLER’s website.
The prices listed and announced on the website are the sales prices. The advertised prices and promises are valid until updated and changed. Prices announced for a specified period are valid until the end of the specified period.
- SELLER INFORMATION
Company Name: Anne Koçu
Address: Fıstıklı Bayır Sokak 25
Çengelköy Mahallesi
34680 Üsküdar- Istanbul
Phone: 0090-532 746 9448
Email: anderske@annekocu.com
- BUYER INFORMATION
Recipient: {recipientname} {recipientsurname}
Delivery Address: {deliveryaddress}
Phone: {buyerphone}
Fax: {buyerfax}
Email/Username: {buyeremail}
- PRODUCT/PRODUCTS INFORMATION
6.1. The basic features of the product/items/service (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If the seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the website are the sales prices. The advertised prices and promises are valid until updated and changed. Prices announced for a specified period are valid until the end of the specified period.
6.3. The total sales price, including all taxes, of the product or service subject to the contract is shown below:
Product DescriptionQuantityUnit PriceSubtotal
(Incl. VAT)
Shipping Cost
Total:
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery method
- The shipping cost for the product shipment will be paid by the BUYER.
- INVOICE INFORMATION
Name/Title: {recipientname} {recipientsurname}
Address: {billingaddress}
Phone: {buyerphone}
Fax: {buyerfax}
Email/Username: {buyeremail}
Invoice Delivery: The invoice will be delivered to the billing address along with the order during the delivery.
- PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS RULES
Information protection, privacy, processing, usage, and communication along with other aspects on the INTERNET SITE are subject to the current privacy rules, policy, and terms stated below.
8.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken by the SELLER in the system infrastructure, considering the nature of the information and transaction and the current technical possibilities. However, since this information is entered from the BUYER’s device, it is the responsibility of the BUYER to take measures to protect them from unauthorized access, including against viruses and similar harmful applications.
8.2. In addition to the consents and approvals regarding personal data and commercial electronic communications given by the BUYER in various ways, during the BUYER’s membership to the INTERNET SITE and shopping, the information obtained can be recorded indefinitely or for a predetermined period, updated when necessary, stored in printed/magnetic archives, shared, transferred, and used for electronic and other commercial-social communications, information, advertising-promotion, communication, promotion, sales, marketing, store cards, credit cards, and membership applications for various products/services by the SELLER, and its successors. These data can also be shared with relevant authorities and courts if required by law. The BUYER has consented to the use, sharing, processing of personal and non-personal information, according to the legislation on personal data protection and electronic commerce legislation, for the purposes mentioned above, and to receive commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can always stop communications by contacting the SELLER through the specified communication channels concerning data usage-processes and/or exercise the right to refuse in electronic communications sent to them. Upon the BUYER’s clear notification, personal data processing and/or communications are terminated within the legal maximum period; furthermore, except for necessary legal requirements and possible ones, information is deleted from the data recording system or anonymized so that the identity cannot be known. If the BUYER wishes, they can apply to the SELLER through the above communication channels at any time and request information or actions regarding personal data processing, transfer to persons to whom it is transferred, correction of incomplete or incorrect information, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them due to illegal processing of data, and rectification of damages in case of damage due to unlawful processing of data. Requests and demands in these matters will be fulfilled within the statutory maximum periods or may not be accepted by explaining the legal reasons to the party.
8.4. The intellectual and industrial property rights belong to the SELLER for all kinds of information and content on the INTERNET SITE, except for those belonging to third parties as per the agreement with the SELLER, their editing, revision, and partially/entirely usage.
8.5. The SELLER reserves the right to make any necessary changes regarding the above topics; these changes will be effective from the moment they are announced on the INTERNET SITE by the SELLER or through other appropriate methods.
8.6. Privacy-security policies and terms of use of other sites accessible from the INTERNET SITE are valid; the SELLER is not responsible for any disputes or negative outcomes that may arise.
- GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product, sales price, payment method, and preliminary information about the delivery related to the subject of the contract product on the SELLER’s website, and provided the necessary confirmation electronically before the conclusion of the distance sales contract. The BUYER accepts, declares, and undertakes that they have obtained the correct and complete address, the basic characteristics of the ordered products, the price of the products including taxes, payment, and delivery information that the SELLER needs to provide to the BUYER before the conclusion of the distance sales contract.
9.2. Each product under the contract will be delivered to the person and/or organization specified by the BUYER at the address indicated by the BUYER or at the address of the BUYER within the period stated in the preliminary information section on the SELLER’s website depending on the distance of the BUYER’s residence, not exceeding the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract complete, in accordance with the specified qualifications in the order, with any warranty certificates, user manuals, necessary information, and documents, excluding any defects, in accordance with the legal requirements apart from any defects, in a manner that is sound and in compliance with standards, with accuracy and integrity principles, to maintain and improve service quality, to show necessary care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the end of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill the contractual obligations in case the performance of the order-related product or service becomes impossible, the SELLER undertakes to notify the consumer in writing within 3 days from the date they have learned about the situation and to refund the total amount to the BUYER within 14 days, acknowledging, declaring, and undertaking.
9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product covered by the contract, and in the event of non-payment of the contract product price for any reason or cancellation in the bank records, the SELLER’s obligation to deliver the contract product will cease.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, in the event of unauthorized use of the BUYER’s credit card by unauthorized persons resulting in the non-payment of the contract product price to the SELLER by the bank or financial institution, the BUYER accepts, declares, and undertakes to return the contract product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the contract product within the specified period due to force majeure events that prevent or delay the performance of the parties’ obligations, the SELLER agrees, declares, and undertakes to inform the BUYER of the situation. In such cases, the BUYER has the right to request the cancellation of the order, replacement of the contract product with a similar one, and/or postponement of the delivery time until the obstacle is removed from the SELLER. When the order is canceled by the BUYER, in cash payments made by the BUYER, the product amount will be refunded to him/her in cash and in full within 14 days. In payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the cancellation by the BUYER. The BUYER acknowledges and undertakes that the average process of the refund to the BUYER’s account by the bank for the amount refunded to the credit card by the SELLER may take 2 to 3 weeks, and that the processing of the amount to their accounts after the refund to the bank is entirely related to the bank’s transaction process, and the BUYER accepts and declares that the SELLER cannot be held responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes through the address, email address, fixed and mobile phone lines, and other contact information indicated or subsequently updated by the BUYER in the registration form on the website. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the communication activities mentioned above.
9.10. Before receiving the product/service subject to the contract, the BUYER will inspect for any damage such as dents, breakages, torn packaging, etc., and will not accept damaged or defective products/services from the shipping company. It will be deemed that the received product/service is undamaged and intact. The responsibility for the careful protection of the product/service after delivery lies with the BUYER. If the right of withdrawal is to be exercised, the product/service should not be used. The invoice should be returned.
9.11. If the credit card holder used during the order is not the same as the BUYER or in case of the identification of a security vulnerability related to the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, the last month’s statement of the credit card used in the order, or a letter from the bank of the credit card holder stating that the credit card belongs to them. The order will be put on hold until the information/documents requested by the SELLER are provided by the BUYER, and if such requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other miscellaneous information provided when becoming a member of the SELLER’s website is accurate and agrees that in case of any damages resulting from the inaccuracy of this information, upon the first notification by the SELLER, they will compensate immediately, in cash and in full.
9.13. The BUYER agrees at the outset to comply with the legal regulations when using the SELLER’s website and not to violate them. Otherwise, all resulting legal and penal responsibilities will be strictly binding on the BUYER.
9.14. The BUYER cannot use the SELLER’s website in a manner that disrupts public order, is contrary to general morality, harasses others, or violates others’ material and moral rights for unlawful purposes. Additionally, the BUYER cannot engage in activities that prevent or complicate others’ use of services (spam, viruses, trojans, etc.).
9.15. Links to other websites and content owned and operated by third parties outside of the SELLER’s control may be provided through the SELLER’s website. These links are provided for ease of navigation for the BUYER, do not indicate support for the other websites or their operators, and do not guarantee the accuracy of the information contained on the linked websites.
9.16. A member who violates one or more of the provisions mentioned in this agreement shall be personally responsible for such violations both criminally and legally, and undertakes to hold the SELLER harmless from the legal and penal consequences of these violations. Furthermore, in the event of bringing the matter to the legal arena due to such violation, the SELLER reserves the right to claim compensation for the breach of the membership agreement against the member.
- RETURN POLICY
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise their right of withdrawal without assuming any legal or penal liability and without providing any reason by refusing the product within 14 (fourteen) days from the delivery date to themselves or the person/organization at the specified address, provided that they notify the SELLER. For distance contracts related to service provision, this period starts from the signing date of the contract. In service contracts where the service performance has begun with the consumer’s consent before the end of the withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about their right of withdrawal.
10.2. To exercise the right of withdrawal, it is necessary to send a written notification to the SELLER via registered mail, fax, or email within the 14-day period and ensure that the product has not been used within the framework of the “Products for which the Right of Withdrawal Cannot be Used” provisions specified in this contract. Upon exercising this right:
a) The invoice of the product delivered to a third party or the BUYER must be returned, (If the invoice of the product to be returned is corporate, it must be sent back together with the return invoice issued by the corporation. Orders returned on behalf of corporations that are not accompanied by a RETURN INVOICE will not be completed.)
b) Return form,
c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.
d) The SELLER is obliged to reimburse the total amount and return the documents that bind the BUYER within 10 days from the receipt of the withdrawal notification and to receive the goods within 20 days.
e) If there is a decrease in the value of the product due to the BUYER’s fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes and damages resulting from the proper use of the product or goods within the withdrawal period.
f) If the withdrawal right causes the campaign’s lower limit amount to fall below the set limit, the discount amount utilized within the campaign will be canceled.
- CANCELLATION RIGHTS
Items for which the right of withdrawal cannot be exercised include products specifically prepared at the BUYER’s request or specifically intended for personal needs, underwear, swimwear bottoms, makeup products, disposable items, items at risk of rapid deterioration or likely to expire, items unsuitable for return due to health and hygiene conditions if the packaging is opened by the BUYER after delivery, items mixed with other products after delivery and cannot be separated due to their nature, goods related to periodical publications such as newspapers and magazines unless provided within the scope of a subscription agreement, electronic services instantly performed or non-material goods delivered instantly to the consumer, including sound or visual recordings, books, digital content, software programs, data recording and storage devices, computer consumables, the return of which is not possible according to the Regulation if the packaging is opened by the BUYER. Moreover, the right of withdrawal regarding services for which performance has begun with the consumer’s consent before the end of the withdrawal period is not possible under the Regulation.
Cosmetic and personal care products, underwear items, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and tapes, as well as stationery consumables (toner, cartridge, ribbon, etc.), can only be returned if their packaging is unopened, untested, undamaged, and unused.
- DEFAULT AND LEGAL CONSEQUENCES
In case of default in payment transactions made with a credit card, the BUYER agrees, declares, and undertakes that they will pay interest to the bank as per the credit card agreement between the cardholder and the bank and will be responsible towards the bank. The related bank may apply to legal remedies; demand expenses and attorney’s fees from the BUYER, and in any case of the BUYER defaulting on the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for the damages suffered due to the delayed performance of the debt.
- AUTHORIZED COURT
In case of disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court in the buyer’s residence or where the consumer transaction was realized within the monetary limits specified in the law.
- EFFECTIVENESS
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed on the website. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER reads and accepts this contract on the site before the order is completed.
SELLER: Anne Koçu
BUYER: {buyername}
DATE: {date}