1.PARTIES
This Agreement is signed between the following parties under the terms and conditions set forth below.
A.‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
B.‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
NAME- SURNAME:
ADDRESS:
By accepting this contract, the BUYER acknowledges in advance that if he approves the order subject to the contract, he will be required to pay the order price and any additional fees, such as shipping costs and taxes, and that he has been informed about this.
2.DEFINITIONS
The terms written below will express the explanations written in front of them in the application and interpretation of this contract.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on the Protection of the Consumer numbered 6502,
REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188)
SERVICE: Any consumer transaction other than the provision of goods, performed or committed to be performed for a fee or benefit,
SELLER: The company acting within the scope of commercial or professional activities that offers goods to the consumer, or acting on behalf of or in account of the one offering goods,
BUYER: The real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDER PLACER: The real or legal person requesting a good or service via the website of the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement executed between the SELLER and the BUYER,
GOODS: The movable goods intended for purchase and the intangible goods prepared for use in electronic environment, such as software, sound, video, etc.
3.SUBJECT
This Agreement determines the rights and obligations of the parties regarding the sale and delivery of the product, of which qualifications and selling price are specified below, ordered by the BUYER through the electronic environment via the website of the SELLER, according to the provisions of the Law of Consumer Protection numbered 6502 and the Regulation on Distance Contracts.
The listed and announced prices on the site are sale prices. The announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Toytex Tekstil Paz. San. Tic. Ltd. Şti.
Address: Halfettin Mah. Sarıcıoğlu Sok. No:51 A Battalgazi / MALATYA
Phone: 0541 729 34 44
Fax:
Email: [email protected]
5. BUYER INFORMATION
The person to be delivered to
Delivery Address
Phone
Fax
Email/username
6. INFORMATION ON THE SUBJECT PRODUCT(S) OF THE AGREEMENT
6.1. The basic features (type, quantity, brand/model, color, number) of the good(s)/service are published on the website of the SELLER. If a campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The listed and announced prices on the site are sale prices. The announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period.
6.3. The total sales price of the contractual goods or services, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(Including VAT)
Shipping Fee
Total :
Payment Method and Plan
Delivery Address
The person to whom it will be delivered
Invoice Address
Order Date
Delivery date
Delivery method
6.4. The shipping cost, which is the cost of product shipment, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during the delivery of the order.
8. RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
The rules-policy and conditions of privacy specified below regarding the protection, confidentiality, processing-use of information, communications, and other matters on the WEBSITE are valid.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken on the SELLER's system infrastructure to the extent of current technical possibilities according to the nature of the information and transaction. However, since these pieces of information are entered from the BUYER's device, the responsibility for their protection on the BUYER's side and preventing access by unrelated individuals, including measures related to viruses and similar harmful applications, belongs to the BUYER.
8.2. In addition to and confirming the permissions-consents given by the BUYER for personal data and commercial electronic communications otherwise; the SELLER may record, store in printed/magnetic archives, update in necessary cases, share, transfer, use, and process in various ways the information acquired during the BUYER's membership and shopping on the WEBSITE for the purpose of providing various products/services and for all kinds of notifications, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications, etc., with the mentioned ones and their successors indefinitely or for the period they foresee. These data may also be submitted to the relevant Authority and Courts where it is legally required. The BUYER has consented and permitted the use, sharing, processing of his existing and new personal and non-personal information, in accordance with the legislation on the protection of personal data and the electronic commerce legislation as mentioned above, and receiving commercial and non-commercial electronic communications and other communications.
8.3. The BUYER may stop data use-processing and/or communications at any time by reaching the SELLER from the specified communication channels or by using the rejection right in electronic communications sent to him. According to the BUYER's clear notification about this issue, personal data processing and/or communications to him will be stopped within the maximum legal period; furthermore, if he wishes, information other than those that are legally required and/or possible to be maintained will be deleted or anonymized in a way that his identity is not identifiable from the data record system. If he wishes, the BUYER can always apply to the SELLER about the transactions related to personal data processing, the people to whom they are transferred, request correction if they are incomplete or incorrect, notifications to be made to the relevant third parties about corrected information, the deletion or destruction of data, objection to the result arising against him from being analyzed by automated systems, compensation if it suffers due to unlawful processing of data through the same communication channels as mentioned above and get information. His applications and requests regarding these issues will be fulfilled within the maximum legal periods or may be refused by explaining his legal reason.
8.4. Regarding any information and content on the WEBSITE and their arrangement, revision, and partial/complete use, unless it is owned by third parties according to the agreement with the SELLER, all intellectual-industrial rights and property rights belong to the SELLER.
8.5. The SELLER reserves the right to make any changes to the above-mentioned matters that he may deem necessary; these changes are valid from the time they are announced by the SELLER on the WEBSITE or by using other appropriate methods.
8.6. The privacy and security policies and terms of use of the other sites reached through the WEBSITE are valid, the SELLER is not responsible for any disputes and negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that he has read the preliminary information about the basic features, sales price, payment method, and delivery of the contractual product on the seller's website, and confirmed it in electronic environment. BUYER acknowledges, declares, and undertakes that he has obtained the required address, basic features of the products ordered, prices of the products including taxes, and payment and delivery information provided by the SELLER to him accurately and completely before the establishment of the distance sales contract, by confirming the Preliminary Information in the electronic environment.
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, within the time period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that the legal period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER's right to terminate the contract is reserved.
9.3. The SELLER accepts, declares, and undertakes to deliver the contractual product, fully, in accordance with the qualifications specified in the order, with any if present, warranty documents, user manuals, the information and documents required by the business, and free of any defects, to act in accordance with legal regulations, to protect and enhance service quality, to show due care and attention during the performance of the work, 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 his explicit approval before the contractual performance obligation period expires.
9.5. If the SELLER fails to fulfill the obligations of the contract, due to the impossibility of fulfilling the service subject to the order, the SELLER accepts, declares, and undertakes that he will notify the consumer of this situation in writing within 3 days and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that he will confirm this Agreement electronically for the delivery of the contractual product, and if for some reason the price of the contractual product is not paid and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. The BUYER, after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, in case the credit card of the BUYER is used unfairly and illegally by unauthorized persons in a way that is not due to the BUYER's fault, and the price is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes that he will return the contractual product to the SELLER within 3 days, and the transportation costs will be borne by the SELLER.
9.8. The SELLER accepts, declares, and undertakes that if it cannot deliver the product subject to the contract within the term due to the emergence of events outside the will of the parties, unforeseeable in advance and preventing and/or delaying the fulfillment of their debts, it will notify the BUYER of the situation. In this case, the BUYER has the right to request the cancellation of the order, the replacement of the contractual product, if any, with its equivalent, and/or postponement of the delivery time until the obstructive situation disappears from the seller. In case the order is canceled by the BUYER, the SELLER shall make the product amount in cash and in full to the account of the BUYER in cash and at once, within 14 days in cash payments made by the BUYER. In payments made by the BUYER by credit card, the SELLER accepts, declares, and undertakes that he will return the product amount to the relevant bank within 14 days after the cancellation of the order by the BUYER, and the BUYER will not hold the SELLER responsible for any delays as it is entirely related to the bank's transaction process for the reflection of the amount returned to the credit card to the BUYER's account after the return to the bank.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other communication information specified by the BUYER in the registration form filled in on the site or later updated by himself. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities directed at him.
9.10. The BUYER shall inspect the goods/service before receiving it, such as crushed, broken, torn packaging, etc., and shall not receive the damaged and defective goods/service from the cargo company. The goods/service received shall be considered undamaged and intact. The obligation to protect the goods/service carefully belongs to the BUYER after delivery. If the right of withdrawal is to be used, the goods/service should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability relating to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or the letter from the bank of the cardholder confirming that the credit card belongs to him. Until the BUYER obtains the information/documents subject to the request, the order will be frozen, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other my information provided by him when subscribing to the website of the SELLER is truthful, and in the case these pieces of information impertinence truth, all damages the SELLER may incur due to this shall be immediately compensated by the BUYER in cash and at once upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that will arise will bind the BUYER exclusively and completely.
9.14. The BUYER cannot use the website of the SELLER in a way that disturbs the public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, violates the material and moral rights of others. Moreover, the member cannot carry out activities that prevent or make it harder for others to use the services (spam, virus, trojan, etc.).
9.15. Links to other websites and/or other content owned and/or operated by third parties not under the control of the SELLER may be given over the website of the SELLER. These links are placed for the sake of convenience for the BUYER and do not support any website or the person operating the website nor constitute a warranty for the information contained on the linked website.
9.16. A member violating one or more of the articles mentioned in this agreement is personally responsible for this violation and will keep the SELLER free from any legal and penal consequences of these violations. Moreover; if the event is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the subscription agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the BUYER is related to the sale of goods for the distance contract, he has the right to withdraw from the contract by rejecting the goods, without assuming any legal and penal responsibility and without providing any reason, within 14 (fourteen) days from the date of delivery to the BUYER or the person/organization at the address indicated, provided that the SELLER is informed. In distance contracts regarding the rendering of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts in which the rendering of the service has started with the consumer's approval before the expiration of the right of withdrawal period. Withdrawal rights costs belong to the SELLER. By accepting this contract, the BUYER has acknowledged that he has been informed in advance about the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be given to the SELLER within a period of 14 (fourteen) days via registered letter with acknowledgment of receipt, fax, or e-mail, and the product must not be used within the frame of the provisions of "Products That Cannot Be Used Right of Withdrawal" arranged in this contract. In cases where this right is exercised,
a) The product invoice delivered to the third party or the BUYER, (If the returned product's invoice is corporate, it must be sent with the return invoice issued by the institution when returning. Order returns with invoices issued on behalf of the institutions cannot be completed unless an RETURN INVOICE is issued.)
b) The return form,
c) The box, packaging, if any, standard accessories of the products to be returned, must be delivered completely and without damage.
d) The SELLER is obliged to return the total price and return the documents that put the BUYER under debt to the BUYER within 10 days from the date that the withdrawal notification reaches him, and to receive the goods back within 20 days.
e) In cases where a decrease occurs in the value of the goods due to a fault of the BUYER or the return becomes impossible, the BUYER is liable to compensate the SELLER's damages at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations caused by the proper use of the goods or products in accordance with the procedure within the period of withdrawal.
f) If due to the exercise of the right