Distance Sales Contract
1.PARTIES
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. "TERRA MADRE SANAT TASARIM LTD.ŞTİ"; (hereinafter referred to as "SELLER" in the contract)
NAME TERRA MADRE ART DESIGN LTD.
ADDRESS Kuzguncuk Mah. Üryanizade Sok. No:13 Üsküdar-Istanbul
Uskudar, Istanbul - Turkey
By accepting this contract, the BUYER agrees in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order and the additional fees, if any, such as shipping fees and taxes, and that he has been informed in this regard.
2.DEFINITIONS
In the application and interpretation of this Agreement, the following terms shall have the meanings ascribed to them.
MINISTER The Minister of Customs and Trade,
MINISTRY Ministry of Customs and Trade,
LAW Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: Any consumer transaction, other than the provision of goods, which is performed or undertaken to be performed 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 on account of the seller,
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,
ORDER GIVER: A natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic media.
3.SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications 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. The 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. VENDOR INFORMATION
Title: TERRA MADRE ART DESIGN LTD.
Address Kuzguncuk Mah. Üryanizade Sok. No:13 Üsküdar-Istanbul
Uskudar, Istanbul - Turkey
Tax no: 8400765771
Fax:
E-mail:
5. BUYER INFORMATION
Person to be delivered to
Delivery Address
Telephone
Fax
Email/username
6. PRODUCT(S) SUBJECT TO THE CONTRACT
6.1. The basic features (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are published on the website of the SELLER. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign. Valid until the date of the campaign.
6.2. The prices listed and announced on the site are the sales price. The 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.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceTotal
(VAT Included)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery date
Delivery method
6.4. The shipping fee, which is the cost of product shipment, shall be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Telephone
Fax
Email/username
Invoice delivery : The invoice is delivered together with the order to the invoice address during order delivery.
will be delivered.
8. - RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
The following privacy rules-policy and conditions apply to the protection, confidentiality, processing-use and communications of information and other matters on the INTERNET SITE.
8.1. The necessary measures for the security of the information and transactions entered by the BUYER on the INTERNET SITE 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 facilities. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them on the BUYER's side and to prevent them from being accessed by unrelated persons.
8.2. In addition to and confirming the BUYER's permission-consents regarding personal data and commercial electronic communications otherwise given by the BUYER; The SELLER shall use the information obtained during the BUYER's membership to the INTERNET SITE and shopping for the provision of various products / services and for electronic and other commercial-social communications to be made for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, These data may be recorded indefinitely or for a period of time to be stipulated by those specified and their successors, stored in printed / magnetic archives, updated, shared, transferred, transferred, transferred, used and processed in other ways when deemed necessary. These data may also be transmitted to the relevant Authorities and Courts when required by law. The BUYER has consented and authorized the use, sharing, processing of existing and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation and the use of commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can always stop the use-processing of data by reaching the SELLER through the specified communication channels and / or by reaching the SELLER through the same channels in accordance with the legal procedure or by using the right of refusal in electronic communications sent to him. According to the explicit notification of the BUYER in this regard, personal data processing and / or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, except for those that are legally required and / or possible, is deleted from the data recording system or anonymized in such a way that his identity cannot be determined. If the BUYER wishes, he/she may always apply to the SELLER through the above-mentioned communication channels and obtain information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automated systems, and remedy in case of damage due to unlawful processing of data. Their applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
8.4. All kinds of information and content belonging to the INTERNET SITE and all intellectual-industrial rights and property rights, except those belonging to other third parties according to the agreement of the SELLER, regarding their arrangement, revision and partial / complete use, belong to the SELLER.
8.5. The SELLER reserves the right to make any changes that it may deem necessary in the above matters; these changes shall be effective from the moment they are announced by the SELLER through the INTERNET SITE or other appropriate methods.
8.6. On other sites accessed from the INTERNET SITE, their own privacy-security policies and terms of use are valid, and 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 / she has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery on the website of the SELLER and that he / she has given the necessary confirmation electronically. BUYER; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address that must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information, also accepts, declares and undertakes that it has obtained the correct and complete information.
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 period specified in the preliminary information section on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care 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 before the expiration of the performance obligation arising from the contract and obtaining its explicit approval.
9.5. If the SELLER cannot fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning of this situation and that it will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if for any reason the price of the product subject to the contract is not paid and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. The BUYER accepts, declares and undertakes that 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 unfair use of the credit card belonging to the BUYER 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, the BUYER agrees, declares and undertakes that the product subject to the Contract will be returned to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes that if the SELLER cannot deliver the product subject to the contract within the period due to force majeure events such as the occurrence of force majeure events that develop outside the will of the parties, unforeseen and preventing and / or delaying the parties from fulfilling their obligations, it will notify the BUYER. The BUYER also has the right to request the SELLER to cancel the order, to replace the product subject to the contract with its precedent, if any, and / or to postpone the delivery period until the preventive situation is eliminated. If the order is canceled by the BUYER, the product amount is paid to the BUYER in cash and in cash within 14 days for payments made by the BUYER in cash. For 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 accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile telephone lines and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities for him.
9.10. The BUYER shall inspect the goods / service subject to the contract before receiving it; dented, broken, torn packaging, etc. damaged and defective goods / services will not receive from the cargo company. The goods / services received shall be deemed to be undamaged and intact. The obligation to carefully protect the goods / service after delivery belongs to the BUYER. 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 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 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 statement of the credit card used in the order for the previous month or the letter from the cardholder's bank 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 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 by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
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 SELLER's website. Otherwise, all legal and penal obligations that may arise shall be fully and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates public morality, disturbs and harasses others, for a purpose contrary to the law, in a way that violates 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. Through the website of the SELLER, links may be given to other websites and / or other contents that are not under the SELLER's own control and / or owned and / or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website 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 shall be personally criminally and legally responsible for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is for the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him or the person / organization at the address indicated by him, provided that he notifies the SELLER, without any legal and criminal liability and without any justification. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiration of the right of withdrawal period, the right of withdrawal cannot be used in service contracts where the performance of the service is 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 agrees in advance that he / she has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made 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 "Products that cannot be used for the Right of Withdrawal" regulated in this contract. If this right is used,
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. Order returns whose invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued).
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with the box, packaging, 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 a period of 10 days at the latest from the receipt of the withdrawal notification and to receive the goods back within 20 days.
e) If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to its fault. However, the BUYER is not responsible for the changes and deterioration caused by the proper use of the goods or the product within the right of withdrawal.
f) In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
11. PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
Underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery to the BUYER, products that mix with other products after delivery and cannot be separated by nature, Except for those provided within the scope of the subscription agreement, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic media or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging is opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiration of the right of withdrawal period, it is not possible to use the right of withdrawal regarding the services started to be performed with the approval of the consumer in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, intact and unused in order to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER accepts, declares and undertakes that the BUYER will pay the loss and damage incurred by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
In disputes arising from this contract, complaints and objections shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer's residence is located or where the consumer transaction is made within the monetary limits specified in the Law.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. 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 realized.
SELLER:
BUYER:
DATE:
