PRE-INFORMATION FORM
1.1.BUYER accepts, declares and undertakes that he/she has read the basic characteristics, sales price and payment method of the product subject to the contract on the SELLER's website, has been informed and has given the necessary confirmation electronically. BUYER; by confirming the Preliminary Information electronically, accepts, declares and undertakes that he/she has obtained the address that should be given to BUYER by SELLER before the establishment of the distance sales contract, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information correctly and completely.
1.2. Each product subject to the contract shall be 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 to 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.
1.3. In cases where the fulfillment of the ordered goods or services becomes impossible, the SELLER shall notify the BUYER within 3 (three) days from the date of learning about this situation and refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification at the latest or, provided that the verbal/written approval of the BUYER is obtained, it may supply another good/service of equal quality and price and shall be deemed to have fulfilled its commitment in the Contract. The BUYER is free in all respects to give or not give such approval and in cases where it does not give approval, the above-mentioned amount shall be refunded.
1.4.The BUYER accepts, declares and undertakes that he/she will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.
1.5. BUYER accepts, declares and undertakes that if the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the contractual product to the SELLER within 3 days, the shipping costs being borne by the SELLER.
1.6. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the contracted product within the specified time due to force majeure events that occur 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 the SELLER to cancel the order, replace the contracted product with a similar one, if any, and/or postpone the delivery period until the preventive situation is eliminated. In the event that the order is cancelled by the BUYER, the product price shall be paid to the BUYER in cash and in a single payment within 14 days. In the case of payments made by the BUYER by credit card, the product price shall be returned to the relevant bank within 14 days after the order is cancelled by the BUYER. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is completely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
1.7. If the BUYER is a legal entity, the BUYER will not be able to benefit from the rights under the Law, especially the right of withdrawal, for the Products purchased for commercial or professional purposes. In addition, in cases where the BUYER is a legal entity, in accordance with tax legislation, in addition to the cases where a return invoice is legally required by the BUYER, the section regarding the return will be filled in and signed on the invoice to be returned with the Product. Returns of orders whose invoices are issued in the name of legal entities will not be accepted unless a return invoice is issued.
1.8.The BUYER is responsible for checking the Product upon receipt and, if he/she sees a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company officer. Otherwise, the SELLER will not accept any responsibility.
1.9. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price of the Product in full before receiving the Product. 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.
1.10. If the price of the goods or services is not paid by the BUYER for any reason or the payment made is cancelled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the goods or services. In the event that the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; it may request the expenses and attorney fees that will arise from the BUYER and in any case, in the event that the BUYER defaults due to its debt, the BUYER will be liable for the loss and damage suffered by the SELLER due to the delayed performance of the debt by the BUYER.
1.11. If the BUYER and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or 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 requested information/documents and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
1.12. If the non-payment of the Product price is due to a fault or negligence of the BUYER, the shipping costs will be covered by the BUYER. The SELLER's other contractual and legal rights, including the right to pursue the Product price without accepting the return, are also reserved in any case. For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; Product sales realized within this framework and for which the SELLER collects the price in a lump sum or gradually are not credit or installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the right to terminate the contract and/or demand the payment of the entire remaining debt together with the default interest in case the installments are not paid) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest will be applied at a monthly rate as stipulated by the applicable laws.
2. PROTECTION AND PROCESSING OF PERSONAL DATA
The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.
2.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.
2.2. The information obtained by the BUYER during the membership to the WEBSITE and shopping may be recorded by the SELLER for an indefinite period or for a period of time to be determined, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways when deemed necessary for all kinds of information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications. These data may also be forwarded to the relevant authorities and courts when required by law. The BUYER has consented and allowed the use, sharing and processing of its current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the scope above and for commercial and non-commercial electronic and other communications to be made to it.
2.3. BUYER may reach SELLER through the specified communication channels and stop data usage-processing and/or communications at any time. According to BUYER’s clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if BUYER wishes, information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. BUYER may, if BUYER wishes, always apply to SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and demands regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
2.4. Regarding all information and content of the WEBSITE and their arrangement, revision and partial/full use; all intellectual-industrial property rights and property rights belong to the SELLER, except for those belonging to other third parties in accordance with the agreement of the SELLER.
2.5. SELLER reserves the right to make any changes it may deem necessary in the above matters within the framework of the Law on the Protection of Personal Data and relevant legislation; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or other appropriate methods.
2.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.
3.RESOLUTION OF DISPUTES
3.1. In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are competent within the monetary limits determined and announced by the Ministry of Trade every year, and Consumer Courts are competent in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees or Consumer Courts in his or the SELLER's place of residence.
3.2. All correspondence between the parties under this Agreement shall be made via electronic mail, except for the mandatory cases listed in the legislation. BUYER accepts, declares and undertakes that in disputes that may arise from this Agreement, SELLER's official books and commercial records, electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
This Agreement is made for commercial purposes. This Agreement and the Preliminary Information Form will be sent to the BUYER via e-mail after the Agreement is approved and established by the BUYER on the Website. The BUYER understands and accepts that the Agreement and the Preliminary Information Form can be accessed from here as desired. The texts in question will be kept by the SELLER for a period of 3 (three) years.