1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
A. "BUYER" (hereinafter referred to as the "BUYER" in the agreement)
NAME - SURNAME: {ad_soyad}
ADDRESS: {teslimat_adresi}
B. "SELLER" (hereinafter referred to as the "SELLER" in the agreement)
TITLE: Duyulab Oyun ve Gelişim Ürünlerı San. ve Tic. Ltd. Şti.
ADDRESS: İnönü Mah. Yeşiltepe Sk. No:16-1A Sancaktepe / İstanbul
By accepting this agreement, the BUYER accepts in advance that, if they confirm the order, they will be obliged to pay the order price and any additional charges stated such as shipping fees and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms below have the meanings given next to them.
MINISTER: the Minister of Customs and Trade,
MINISTRY: the Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
SERVICE: the subject of any consumer transaction other than the supply of goods, performed or undertaken in return for a fee or benefit,
SELLER: the company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or for the account of the party offering the goods,
BUYER: the natural or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,
SITE: the SELLER's website,
ORDERING PARTY: the natural or legal person who requests goods or services through the SELLER's website,
PARTIES: the SELLER and the BUYER,
AGREEMENT: this agreement concluded between the SELLER and the BUYER,
GOODS: movable items subject to purchase and intangible goods such as software, audio, video and similar items prepared for use electronically.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties under Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, whose specifications and sales price are given below, ordered electronically by the BUYER through the SELLER's website.
The prices listed and announced on the site are sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the stated period.
4. SELLER INFORMATION
Title : Duyulab Oyun ve Gelişim Ürünlerı San. ve Tic. Ltd. Şti.
Address : İnönü Mah. Yeşiltepe Sk. No:16-1A Sancaktepe / İstanbul
Phone : 0552 329 03 23
E-mail : [email protected]
5. BUYER INFORMATION
Recipient: {ad_soyad}
Delivery Address: {teslimat_adresi}
Phone: {telefon_numarası}
E-mail/username: {eposta}
6. ORDERING PARTY INFORMATION
Name/Surname/Title: {ad_soyad}
Address: {teslimat_adresi}
Phone: {telefon_numarası}
E-mail/username: {eposta}
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the goods/product(s)/service (type, quantity, brand/model, colour, number) are published on the SELLER's website. If the Seller has organised a campaign, you can review the basic characteristics of the product during the campaign period. Valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. Announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the stated period.
7.3. The sales price of the goods or services subject to the agreement, including all taxes, is shown below.
{sipariş_ürün_listesi}
Delivery Address: {teslimat_adresi}
Billing Address: {fatura_adresi}
Order Date: {sipariş_tarihi}
7.4. The shipping fee for delivering the product will be paid by the BUYER.
8. BILLING INFORMATION
Name/Surname/Title: {ad_soyad}
Address: {teslimat_adresi}
Phone: {telefon_numarası}
E-mail/username: {eposta}
Invoice delivery: {fatura_adresi}
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read the preliminary information on the SELLER's website regarding the basic characteristics, sales price, payment method and delivery of the product subject to the agreement, are informed about it and have given the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that, before the conclusion of the distance sales agreement, they have correctly and completely obtained the address that the SELLER must provide, the basic characteristics of the ordered products, the prices of the products including taxes, and payment and delivery information.
9.2. Each product subject to the agreement is delivered to the BUYER or to the person and/or organisation at the address specified by the BUYER within the period stated in the preliminary information on the website, depending on the distance of the BUYER's place of residence, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the agreement complete, in accordance with the specifications stated in the order, with warranty certificates, user manuals and the information and documents required by the work, if any; free of all defects, sound and in accordance with legal requirements and standards; to perform the work in good faith and honesty; to maintain and improve service quality; to exercise the necessary care and attention during performance; and 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 their explicit approval before the performance obligation under the agreement expires.
9.5. If the SELLER cannot fulfil its obligations under the agreement because performance of the ordered product or service becomes impossible, it accepts, declares and undertakes to notify the consumer in writing within 3 days of learning of this and to refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product, and that if the price of the product is not paid and/or is cancelled in bank records for any reason, the SELLER's obligation to deliver the product will end.
9.7. The BUYER accepts, declares and undertakes that if, after delivery of the product to the BUYER or to the person and/or organisation at the address specified by the BUYER, the price is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorised and unlawful use of the BUYER's credit card, the BUYER will return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER if it cannot deliver the product on time due to force majeure, such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the parties from fulfilling their obligations. The BUYER has the right to request from the SELLER cancellation of the order, replacement of the product with an equivalent if available, and/or postponement of delivery until the obstacle is removed. If the BUYER cancels the order, payments made in cash are refunded in cash and in one instalment within 14 days. For payments made by credit card, the amount is refunded to the relevant bank within 14 days of the cancellation. The BUYER accepts, declares and undertakes that the average time for the bank to reflect the amount refunded to the credit card in the BUYER's account may take 2 to 3 weeks, that this depends entirely on the bank's processing, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, telephone call and other means, using the address, e-mail address, landline and mobile phone numbers and other contact details provided by the BUYER in the site registration form or later updated by them. By accepting this agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities above.
9.10. The BUYER will inspect the goods/services before accepting delivery and will not accept damaged or defective goods/services (dented, broken, torn packaging, etc.) from the shipping company. Goods/services accepted will be deemed undamaged and intact. After delivery, the obligation to protect the goods/services with care belongs to the BUYER. If the right of withdrawal will be used, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used for the order are not the same person, or if a security vulnerability concerning the credit card used for the order is detected before the product is delivered to the BUYER, the SELLER may ask the BUYER to provide the identity and contact details of the card holder, the previous month's statement of the credit card used for the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these 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 information provided when registering on the SELLER's website is true, and that they will compensate the SELLER immediately, in cash and in one instalment, upon the SELLER's first notice, for all damages the SELLER suffers due to such information being untrue.
9.13. The BUYER accepts and undertakes from the outset to comply with legal provisions and not to violate them when using the SELLER's website. Otherwise, all resulting legal and criminal liabilities will bind the BUYER fully and exclusively.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to public morals, disturbs or harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.
9.15. Links to other websites and/or other content not under the SELLER's control and/or owned and/or operated by other third parties may be provided through the SELLER's website. These links are provided for the BUYER's ease of navigation and do not endorse any website or the person operating it, and do not constitute any warranty regarding the information on the linked website.
9.16. A member who violates one or more of the articles in this agreement is personally responsible, criminally and legally, for that violation and will hold the SELLER harmless from its legal and criminal consequences. In addition, if the matter is brought to court due to such a violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract concerns the sale of goods, the BUYER may withdraw from the agreement by rejecting the goods, without any legal or criminal liability and without giving any reason, within 14 (fourteen) days of the delivery of the product to them or to the person/organisation at the address they specified, provided that they notify the SELLER. In distance contracts for services, this period starts from the date the agreement is signed. The right of withdrawal cannot be used for service agreements whose performance has started with the consumer's approval before the withdrawal period expires. Costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER accepts in advance that they have been informed about the right of withdrawal.
10.2. To use the right of withdrawal, written notice must be given to the SELLER within 14 (fourteen) days by registered mail with return receipt, fax or e-mail, and the product must not have been used, within the framework of the "Products for Which the Right of Withdrawal Cannot Be Used" provisions of this agreement. If this right is used:
a) 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 a return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) The 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 refund the total price and return any documents placing the BUYER under debt within 10 days of receiving the withdrawal notice, and to take back the goods within 20 days.
e) If the value of the goods decreases or return becomes impossible due to the BUYER's fault, the BUYER is obliged to compensate the SELLER's losses in proportion to their fault. However, the BUYER is not responsible for changes and deterioration resulting from proper use of the goods during the withdrawal period.
f) If the use of the right of withdrawal causes the order to fall below the campaign limit set by the SELLER, the discount received under the campaign is cancelled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Under the Regulation, the following cannot be returned: products prepared at the BUYER's request or clearly in line with their personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms; make-up products; single-use products; goods that may spoil quickly or whose expiry date may pass; products that are not suitable for return for health and hygiene reasons if their packaging has been opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot be separated by nature; periodicals such as newspapers and magazines, except those provided under a subscription; services performed instantly electronically or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices and computer consumables if their packaging has been opened by the BUYER. In addition, under the Regulation the right of withdrawal cannot be used for services whose performance has started with the consumer's approval before the withdrawal period expires.
For cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untried, intact and unused.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults when paying by credit card, they accept, declare and undertake that they will pay interest under the credit card agreement with the card-issuing bank and will be liable to the bank. In this case the bank may take legal action and claim the resulting costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the late performance of the debt.
13. COMPETENT COURT
Complaints and objections in disputes arising from this agreement will be submitted to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information on the monetary limits is as follows:
Effective from 28/05/2014:
a) Under Article 68 of Consumer Protection Law No. 6502, to district consumer arbitration committees for disputes with a value below TRY 2,000.00 (two thousand),
b) To provincial consumer arbitration committees for disputes with a value below TRY 3,000.00 (three thousand),
c) In metropolitan provinces, to provincial consumer arbitration committees for disputes with a value between TRY 2,000.00 (two thousand) and TRY 3,000.00 (three thousand).
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER makes the payment for an order placed through the Site, they are deemed to have accepted all terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is completed.
SELLER: Duyulab Oyun ve Gelişim Ürünlerı San. ve Tic. Ltd. Şti.
BUYER: {ad_soyad}
DATE: {sipariş_tarihi}
