This Agreement has been signed between the following parties under the following terms and conditions.
A. 'BUYER' ; (hereinafter referred to as 'BUYER' in the contract)
B. 'SELLER' ; (hereinafter referred to as 'SELLER' in the contract)
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price subject to the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
In the application and interpretation of this agreement, the terms written below shall refer to the written explanations against them.
MINISTER : Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188),
SERVICE : The subject of all kinds of consumer transactions other than the provision of goods made or promised to be made in return for a fee or benefit,
SELLER : A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTY: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in the electronic environment.
This Agreement is governed by the Law No. 6502 on the Protection of the Consumer and the Distant Law regarding the sale and delivery of the product, the qualities and sales price of which are stated below, which the BUYER has ordered electronically through the website of the SELLER. It regulates the rights and obligations of the parties in accordance with the provisions of the Regulation on Contracts. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: 365 Technology and Informatics Ltd. Sti.
Address: Oruçreis Mah. Tekstilkent Cad. Tekstilkent Sitesi B Blok. NO:12/A/012 34235
5. BUYER INFORMATION
6. ORDERING PERSON INFORMATION
7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
7.1. The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign.
Valid until the campaign date.
7.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Number Unit Price Subtotal (VAT Included)
Payment Method and Schedule
7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Invoice delivery: During invoice order delivery, together with the order to the invoice address will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER and gives the necessary confirmation in electronic environment. BUYER's; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information correctly and completely accepts, declares and undertakes.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER shall deliver the product subject to the contract complete, in accordance with the qualifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work in accordance with the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares and undertakes that it will confirm this Contract electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. BUYER, 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, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card, the BUYER It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average to reflect the amount returned to the credit card by the SELLER to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands 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 information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER, due to the falseness of this information.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the 'Products for which the Right of Withdrawal cannot be exercised' regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. order returns will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with their box, packaging and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notice and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount enjoyed within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimsuits and bikini bottoms, make-up materials, disposable products, which are prepared according to the request of the BUYER or clearly personal needs and are not suitable for return, which are in danger of perishable or in the last Goods that are likely to expire, products that are not suitable for health and hygiene to be returned if their packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, Newspapers and magazines, except those provided under the subscription agreement Goods related to periodicals such as periodicals, services performed instantly in electronic media or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, unpacking by the BUYER Refund Regulation is not possible accordingly. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the approval of the consumer, as per the Regulation. Cosmetic and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) .) to be returned, their packaging must be unopened, untested, intact and unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder and the bank, in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt, in case the BUYER defaults due to its debt
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems within the monetary limits specified in the law below, where the consumer is located or where the consumer transaction is made, to the arbitral tribunal or will be filed in consumer court. Information on the monetary limit is below:
Effective as of 28/05/2014:
a) To district consumer arbitration committees in disputes whose value is less than 2.000.00 (two thousand) TL, pursuant to Article 68 of the Law on Consumer Protection No. 6502,
b) To provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is commercial purposes.
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.