DISTANCE SALES CONTRACT (“Contract”)
1. PARTIES
This Distance Selling Agreement (“Agreement”); GSS Pazarlama ve Dış Ticaret A.Ş., whose address is stated in Article 5 (“Buyer”) and whose address is Kısıklı, Haskaya Koru Konakları, Çamlıca, Hanımseti Sokak No:6, 34692 Üsküdar/İstanbul. ("Seller") was established electronically within the framework of the terms and conditions stated below.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below will express the written explanations opposite them.
Minister | : | the Minister of Customs and Trade, |
Ministry | : | Ministry of Customs and Trade, |
Law | : | Law on the Protection of Consumers |
Regulation | : | Regulation on Distance Contracts, |
Service | : | The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit, |
Seller | : | A natural or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf or on behalf of the person who offers goods, |
Recipient | : | A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes, |
Website | : | SELLER's website named www.aquadipolo.net, |
Order Placer | : | The real or legal person who requests a good or service via the SELLER's website www.aquadipolo.net, |
Sides | : | SELLER and BUYER, |
Contract | : | This Agreement concluded between the SELLER and the BUYER, |
Product or Products | : | It refers to movable goods subject to shopping, immovable properties for housing or holiday purposes, and software, audio, video and all similar products prepared for use in electronic environment. |
3. SUBJECT
The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
4. ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
4.1. BUYER hereby declares that he/she has examined, read and understood all general and special explanations on the relevant pages and sections of the Website before this Agreement is accepted and established by the BUYER on the Website and before entering into the obligation of ordering and paying, and that he/she has received the necessary information. accepts that it was done.
a) SELLER's title and contact information and current introductory information,
b) Purpose-appropriate tools-methods for the stages of the sales transaction when purchasing the Products from the Website and for correcting incorrectly entered information,
d) Confidentiality, data use-processing and electronic communication rules applicable to BUYER information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the BUYER's 's legal rights, SELLER's rights and the parties' rights usage procedures,
e) Shipping restrictions stipulated by the SELLER for the products,
f) The payment method-tools accepted by the SELLER for the Products subject to the contract, the basic features of the Products, the total price including taxes (including the relevant expenses) total price to be paid by SELLER to the SELLER).
g) Information about the procedures for the delivery of the Products to the BUYER and transportation-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the responsibilities of the parties in these matters,
i) Products and other goods-services for which the BUYER does not have the right to withdraw,
j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and the BUYER will lose his right of withdrawal if the right is not exercised in due time,
k) For Products with the right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period, the BUYER's request for withdrawal will be accepted. may not be made and will be liable to the SELLER in any case, and in cases where the SELLER accepts it, it may deduct an amount it deems appropriate according to the defect or change in question, from the refund to be made to the BUYER,
l) In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all relevant financial issues (return methods, costs and return of the Product price and the amount gained/gained by the BUYER during the return). including discounts and offsets for redeemed reward points).
m) Details of the benefit conditions (special conditions) regarding various opportunities that can be applied from time to time on the BUYER's Website,
n) Since this Agreement and all other sales conditions included in this Agreement, depending on its nature, have been approved and established by the BUYER on the WEBSITE and then sent to the BUYER by e-mail, the BUYER It can be stored and accessed for the desired period of time, and the SELLER can keep it for three years.
o) In case of dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502. what he can do.
5. SELLER INFORMATION
Title | : | GSS Marketing and Foreign Trade Inc. |
Address | : | Kısıklı, Haskaya Koru Konakları, Çamlıca, Hanımseti Sokak No:6, 34692 Üsküdar/İstanbul |
phone | : | 0 212 522 2310 |
Email address | : | info@gsscommerce.com |
9. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
9.1. The basic features (type, quantity, brand/model, color, quantity) of the Good/Product(s)/Service are available on the SELLER's website. You can review the basic features of the product during the campaign.
9.2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
9.4. Additional fees such as shipping fee, which is the cost of product shipment, and any other taxes, duties, etc. will be paid by the BUYER.
10. GENERAL PROVISIONS
10.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price and payment method and delivery on the Website, and has given the necessary confirmation electronically. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information electronically and obtains the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. .
10.2. 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 period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the BUYER does not fulfill its obligation within this period, the BUYER may terminate the Contract.
10.3. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required for the job, and to perform the job within the principles of accuracy and honesty, free from any defects, in accordance with the requirements of legal legislation, in accordance with the standards. accepts, declares and undertakes to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.
10.5. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the contract will end. declares and undertakes. BUYER accepts, declares and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason.
10.6. BUYER, in case 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 unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, He/she accepts, declares and undertakes that he/she will return the product in question to the SELLER within 3 days, at the shipping expense of the SELLER.
10.7. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if it cannot deliver the product subject to the contract within the period due to force majeure situations that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with a similar one, if any, and/or postpone the delivery period until the hindering situation disappears. In case the order is canceled by the BUYER, for the payments made by the BUYER in cash, the product amount will be paid in cash and in lump sum within 10 (ten) days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. BUYER, the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 (two) to 3 (three) weeks, and since the reflection of this amount to the BUYER's accounts after the refund to the bank is entirely related to the bank transaction process, the BUYER, accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
10.8. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
10.9. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.10. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is accurate, and that the SELLER will compensate all damages that the SELLER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.
10.11. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.
10.12. BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that prevents or complicates the use of the services by others.
10.13. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are placed to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any warranty for the information contained in the linked website.
10.14. The member who violates one or more of the articles listed in this membership agreement will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; Due to this violation, if the incident is referred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
11. SPECIAL CONDITIONS
11.1. BUYER will be able to shop from more than one boutique on the Website in a single basket. The SELLER may issue more than one invoice for each product purchased from different boutiques in the same basket. For the avoidance of doubt, it should be stated that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.
11.2. The SELLER may, at its sole discretion, organize various campaigns for the BUYERS on the Website at various times, the conditions of which will be determined by the SELLER (in cases where purchases are made from one and/or more than one boutique at the same time in amounts to be determined by the SELLER, discounts of a type to be determined by the SELLER will be offered to the BUYERS). campaigns it reflects). However, the BUYER has the right to return the products purchased for any reason, right of withdrawal, etc. If the campaign conditions organized by the SELLER cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.
11.3. If the BUYER can benefit from more than one campaign on the same invoice, the campaigns will not be combined, the BUYER will only be able to benefit from one campaign. BUYER accepts, declares and undertakes that he will not make any claims in such a case.
11.4. SELLER reserves the right to stop, update and change the campaign conditions of the campaigns announced on the Website at any time. The BUYER must review the campaign conditions before each purchase from the Website.
12. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL-INDUSTRIAL PROPERTY
12.1.Name, surname, e-mail address, TR ID of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698. ID number, demographic data, financial data, etc. information;
* taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, - if prior approval is given - to be used in marketing activities about orders, products and services, updating the BUYER's information and managing and maintaining memberships. For the purpose of executing the distance sales contract and other agreements established between the SELLER and the SELLER and to ensure that the technical, logistics and other similar functions of third parties are carried out on behalf of the SELLER.
It can be recorded indefinitely/periodically, kept in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates and third parties and/or organizations.
12.2. GSS Pazarlama ve Dış Ticaret A.Ş. provides credit card and membership information, transactions and applications to BUYERS for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made by SMS/text message, instant notification, automatic dialing, computer, telephone, e-mail/mail, fax, and other electronic communication tools, and the BUYER has agreed to have commercial electronic messages sent to him/her.
12.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website have been taken within the Seller's own system infrastructure, within today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's devices, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
12.4. BUYER may request data usage, processing and/or communications to be stopped at any time by contacting SELLER through the specified communication channels. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, he may object to the emergence of a result against himself by transactions related to the processing of his personal data, the persons to whom it is transferred, correcting it if it is incomplete or inaccurate, notifying the corrected information to the relevant third parties, deleting or destroying the data, analyzing it with automatic systems, You can always contact the SELLER and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.
12.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; According to the SELLER's agreement, except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to GSS Pazarlama ve Dış Ticaret A.Ş.
12.6. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.
13. RIGHT OF WITHDRAWAL
13.1. BUYER; In distance contracts for the sale of goods, although it is legally 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, the company may, as a principle, exercise its right to withdraw from the contract by rejecting the goods within 15 (fifteen) days without giving any justification. In distance contracts for service provision, this period starts from the date the contract is signed. The BUYER must send the notification regarding the exercise of the right of withdrawal to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is informed clearly and understandably by the seller or provider that he will be obliged to pay on the matters specified in the regulation and if he approves the order, and the BUYER accepts in advance that he has been informed. The right of withdrawal cannot be exercised in service contracts where the service is started with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
13.2. In order to exercise the right of withdrawal, written notification must be made to the SELLER by registered mail, fax or e-mail within 15 (fifteen) days and the product must not have been used within the framework of the provisions of "Products for which the Right of Withdrawal cannot be Exercised" under the heading of Article 11. If this right is exercised,
a) 3. The invoice of the product delivered to the 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 whose invoice is issued on behalf of institutions cannot be completed unless the 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 must return the total price and the documents that put the BUYER in debt to the BUYER within 10 days at the latest after receiving the notice of withdrawal, and return the goods within 20 days. is obliged to receive a refund.
e) If there is a decrease in the value of the goods or a return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault.
f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The provisions of Article 15 titled "Exceptions of the right of withdrawal" of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and the distance sales contract approved electronically between the parties must be unused within the framework of the provisions of Article 6 and can be offered for resale by the seller. BUYER will not be able to use his right of withdrawal in the following cases:
a) For goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) In goods prepared in line with the consumer's wishes or personal needs.
c) For goods that can quickly deteriorate or expire.
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In the delivery of those that are not suitable for return in terms of health and hygiene.
e) For goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) In books, digital content and computer consumables presented in physical media, if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
g) In periodicals such as newspapers and magazines, except those provided within the scope of the subscription agreement.
h) In the evaluation of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation purposes, which must be done on a certain date or period.
i) For services performed instantly in the electronic environment or products delivered instantly to the consumer.
j) For services that are started to be performed with the approval of the consumer before the right of withdrawal expires.
15. DEFAULT AND LEGAL CONSEQUENCES
BUYER accepts, declares and undertakes that in case of default in his credit card transactions, he will pay interest within the framework of the credit card agreement made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees that may arise from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.
16. EVIDENCE AGREEMENT AND COMPETENT COURT
16.1. SELLER's records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have agreed that in case of disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees in the place where the BUYER and SELLER reside, within the monetary limits determined within the framework of the legislation, will be authorized by the Consumer Courts of the BUYER and SELLER.
16.2. Information regarding the monetary limit is below:
Effective as of 01/01/2016:
In case of disputes with a value below 2.320,00 TL (Two Thousand Three Hundred and Twenty Turkish Liras), the District Consumer Arbitration Committees will be able to appeal to the District Consumer Arbitration Committees for disputes with a value below 3.480,00 TL (Three Thousand Four Hundred and Eighty Turkish Liras). In provinces, in disputes between 2,320.00 TL and 3,480.00 TL (Two Thousand Three Hundred and Twenty Turkish Liras and Three Thousand Four Hundred and Eighty Turkish Liras), application to the Provincial Consumer Arbitration Committees is mandatory. For disputes above these values, applications cannot be made to Consumer Arbitration Committees.
17. ENTRY INTO FORCE
If the payment for the order placed on the site is made, the BUYER will be deemed to have accepted all the conditions of this Agreement. The SELLER is obliged to make software arrangements that will ensure that orders cannot be placed on the site without receiving confirmation that the Agreement in question has been read and accepted by the BUYER.
PRE-INFORMATION FORM
1. PARTIES AND SUBJECT
The subject of this Preliminary Information Form is the person who will purchase the product online ("BUYER") and Büyükdere Cad. Noramin İş Merkezi No: 237 Kat:B-1 34398 Maslak Istanbul Yalıköşkü Cd. Nuhbir Han N.11 K.6 Informing consumers regarding the distance contract between Sirkeci Fatih İstanbul (“SELLER”) in accordance with the provisions of the Law on Consumer Protection and the Distance Contracts Regulation.
2. SELLER INFORMATION
Title | : | GSS Marketing and Foreign Trade Inc. |
Address | : | Kısıklı, Haskaya Koru Konakları, Çamlıca, Hanımseti Sokak No:6, 34692 Üsküdar/İstanbul |
phone | : | 0 212 522 2310 |
Email address | : | info@gsscommerce.com |
3. RIGHT OF WITHDRAWAL
3.1. BUYER; In distance contracts for the sale of goods, although it is legally 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, the company can, as a principle, exercise its right to withdraw from the contract by rejecting the goods within 15 (fifteen) days without assuming any legal or criminal liability and without giving any justification. . In distance contracts for service provision, this period starts from the date the contract is signed. BUYER's notification that the right of withdrawal has been exercised shall be sent to the SELLER's address stated above within this period, 3.3. It must be directed by the means specified in the article.
3.2. BUYER accepts in advance that he has been informed by the SELLER with this Preliminary Information Form before accepting the distance contract or any corresponding offer. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
3.3. In order to exercise the right of withdrawal, a written notification must be made to the SELLER within 15 (fifteen) days via registered mail, fax or e-mail to the above-mentioned address of the SELLER. However, in accordance with the relevant legal regulations, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/used:
Goods produced in line with the BUYER's special requests or his personal needs (including those made specific to the person/personal needs by making changes or additions); cosmetics etc. and chocolate etc. Goods that are not suitable for return due to their nature, such as foodstuffs, and are in danger of deterioration quickly or are likely to expire; Audio or video recordings, software programs and computer consumables such as CDs, DVDs whose packaging has been opened by the BUYER; Goods whose prices are determined in organized markets such as stock exchanges; Publications such as newspapers and magazines; betting and lottery related services; In general, all services performed instantly in electronic environment and all kinds of intangible goods delivered instantly to the BUYER. In addition, services that are started to be performed within the right of withdrawal period with the approval of the BUYER and other goods and services that are considered outside the scope of distance sales in accordance with the relevant legislation.
3.4. In the event of exercising the right of withdrawal,
3.4.1. The invoice of the product delivered to the third party 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 whose invoice is issued on behalf of the institutions cannot be completed unless the RETURN INVOICE is issued.)
3.4.2. Return form
3.4.3. The products to be returned must be delivered complete and undamaged, including their box, packaging and standard accessories, if any.
3.4.4. The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within a period of 10 days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days.
3.4.5. If the value of the goods decreases or the return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault.
3.4.6. If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
4. PRODUCT/PRODUCTS INFORMATION
4.1. The basic features of the Goods/Products/Services (type, quantity, brand/model, color, quantity) are available on the SELLER's website. You can review the basic features of the product during the campaign.
4.2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
5. GENERAL PROVISIONS
4.4. Additional fees such as shipping fee, which is the cost of product shipment, and any other taxes, duties, etc. will be paid by the BUYER.
5.1. BUYER acknowledges that he/she has received and read preliminary information regarding the basic characteristics of the products (type and type, quantity, brand/model, color, unit prices, sales price, payment-collection information, sales price including all taxes and payment method and right of delivery and withdrawal). He/she accepts that he/she is informed and has given the necessary confirmations for sales electronically.
5.2. BUYER will be able to order from more than one boutique in the same basket when placing orders via the Website. SELLER may issue more than one invoice for orders placed by BUYER from more than one boutique. BUYER agrees to have more than one invoice issued and sent to him by the SELLER.
5.3. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the cargo company with which the SELLER has a contract, within the legal period for each product, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 (thirty) days. The SELLER sends the products it sells to the BUYERS through contracted cargo companies and has them delivered. If the cargo company does not have a branch in the BUYER's location, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER.
5.4. In general, unless otherwise stated, delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER, depending on the results of the campaigns it carries out at the time of sale and the terms of which are announced on the Website.
5.5. If the products are not at the BUYER's address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. If there is no one at the address to receive the delivery, it will be the BUYER's responsibility to contact the cargo company and track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.
5.6. The BUYER is responsible for checking the product upon receipt and, if he sees a problem with the product caused by the cargo, not accepting the product and keeping a report with the cargo company official. Otherwise, the SELLER will not accept responsibility.
5.7. BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the delivery of the product, the bank/financial institution to which the credit card was used does not pay the price of the Product to the SELLER, the Product will be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. All other contractual and legal rights of the SELLER, including tracking that it will receive the Product price without accepting the return, are reserved separately and in any case. The SELLER will not have any responsibility for payments made to the SELLER by the bank and/or financial institution for which a failure code is sent by the bank and/or financial institution for any reason.
5.8. If the Product cannot be delivered within the legal 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the emergency.
5.9. If the product price has been collected in order cancellations, it will be refunded to the BUYER. For credit card payments, the refund is made by refunding the BUYER's credit card and the product amount is returned to the relevant bank after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after its return to the Bank is entirely related to the Bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays. (It usually takes up to three weeks for banks to reflect the refund to the BUYER's account).
5.10. If it is understood that the products subject to the contract cannot be supplied for a justified reason, except for extraordinary circumstances, the SELLER may supply another good/service of equal quality and price by informing the BUYER and obtaining his approval, and will be deemed to have fulfilled his contractual commitment in this way. In cases where the BUYER does not approve, the provisions regarding order cancellation apply.
6. SPECIAL CONDITIONS
6.1. BUYER will be able to shop from more than one boutique on the Website in a single basket. The SELLER may issue more than one invoice for each product purchased from different boutiques in the same basket. For the avoidance of doubt, it should be stated that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.
6.2. The SELLER may, at its sole discretion, organize various campaigns for the BUYERS on the Website at various times, the conditions of which will be determined by the SELLER (in cases where purchases are made from one and/or more than one boutique at the same time in amounts to be determined by the SELLER, discounts of a type to be determined by the SELLER will be offered to the BUYERS). campaigns it reflects). However, the BUYER has the right to return the products purchased for any reason, right of withdrawal, etc. If the campaign conditions organized by the SELLER cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.
6.3. If the BUYER can benefit from more than one campaign on the same invoice, the campaigns will not be combined, the BUYER will only be able to benefit from one campaign. BUYER accepts, declares and undertakes that he will not make any claims in such a case.
6.4. SELLER reserves the right to stop, update and change the campaign conditions of the campaigns announced on the Website at any time. The BUYER must review the campaign conditions before each purchase from the Website.
7. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL-INDUSTRIAL PROPERTY
7.1. Name, surname, e-mail address, TR ID of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698. ID number, demographic data, financial data, etc. information;
• taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, - if prior approval is given - to be used in marketing activities about orders, products and services, updating the BUYER's information and managing and maintaining memberships. For the purpose of executing the distance sales contract and other agreements established between the SELLER and the SELLER and to ensure that the technical, logistics and other similar functions of third parties are carried out on behalf of the SELLER.
It can be recorded indefinitely/periodically, kept in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates and third parties and/or organizations.
7.2. GSS Pazarlama ve Dış Ticaret A.Ş. provides credit card and membership information, transactions and applications to BUYERS for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made by SMS/text message, instant notification, automatic dialing, computer, telephone, e-mail/mail, fax, and other electronic communication tools, and the BUYER has agreed to have commercial electronic messages sent to him/her.
7.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website have been taken within the Seller's own system infrastructure, within today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's devices, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
7.4. BUYER may request data usage, processing and/or communications to be stopped at any time by contacting SELLER through the specified communication channels. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, he may object to the emergence of a result against himself by transactions related to the processing of his personal data, the persons to whom it is transferred, correcting it if it is incomplete or inaccurate, notifying the corrected information to the relevant third parties, deleting or destroying the data, analyzing it with automatic systems, You can always contact the SELLER and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.
7.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; According to the SELLER's agreement, except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to GSS Pazarlama ve Dış Ticaret A.Ş.
7.6. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise and their negative consequences.
8. EVIDENCE AGREEMENT AND COMPETENT COURT
8.1. SELLER's records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have agreed that in case of disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees in the place where the BUYER and SELLER reside, within the monetary limits determined within the framework of the legislation, will be authorized by the Consumer Courts of the BUYER and SELLER.
8.2. Information regarding the monetary limit is below:
Effective as of 01/01/2016:
In case of disputes with a value below 2.320,00 TL (Two Thousand Three Hundred and Twenty Turkish Liras), the District Consumer Arbitration Committees will be able to appeal to the District Consumer Arbitration Committees for disputes with a value below 3.480,00 TL (Three Thousand Four Hundred and Eighty Turkish Liras). In provinces, in disputes between 2,320.00 TL and 3,480.00 TL (Two Thousand Three Hundred and Twenty Turkish Liras and Three Thousand Four Hundred and Eighty Turkish Liras), application to the Provincial Consumer Arbitration Committees is mandatory. For disputes above these values, applications cannot be made to Consumer Arbitration Committees.
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Adres:Kısıklı Mah. Hamal Sok. No:4
Haskaya Koru Konakları B- Konağı 34692 - Üsküdar/ İSTANBUL
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