Article 1: PARTIES
|Title:||e+1 Design Multimedia|
|Address :||Viran Sk. 16 Beyoglu Istanbul Turkiye|
|Phone Number :||0090 212 2389440|
|Tax Office and Tax No:||KASIMPAŞA V.D. 34861425238|
|BUYER (CONSUMER) :|
|Name-Surname / Title :|
|Phone Number :|
Article 2: CONTRACT PRODUCT, PRICE, PURCHASE AND DELIVERY
This Distance Sales Agreement (“Agreement”) is prepared in accordance with Law on Consumer Protection – No: 6502 and (“Law”) and Distance Contract Regulation. The Parties to the Agreement accept and declare that they understand and acknowledge their obligations arisen from the Law and Distance Contract Regulation under the Agreement. This Agreement lays down the rights and obligations of the parties on the sales and delivery of the goods/services (“Product/Products”) the BUYER (Consumer) wishes to buy, where the BUYER transacts, including via the application in the mobile phone, by ordering such Products via www.paintcv.net (“Domain”), electronic commercial website (“WEBSITE”) owned by the SELLER, and on other issues. The cost and expenses of the Product(s) are collected via payment method of choice, after the BUYER gives consent to this Agreement in the WEBSITE.
The Type and Kind, Amount, Brand /Model/Color, Unit Price(s) and Sale Price of the Products (goods/services) and Payment Information and the Delivery information, including place of delivery stated by the BUYER, are indicated below. In case of a branch of cargo company delivering
In case of the cargo company that will make the delivery not having a branch at the location of the BUYER, the BUYER must receive it from another nearby branch shown by the SELLER. (In this regard, the necessary information will be given to the BUYER via e-mail/mail, SMS or by phone). Other issues related to delivery are specified in Article 7 of the Agreement below.
|PRODUCT||UNIT PRICE (TL)||AMOUNT||TOTAL (TL)|
|Brand, Product, Color, Size, etc.||____ TL||_||___ TL|
|Gift voucher / coupon / _______ total||___ TL|
|Order transaction and delivery-cargo fee||___ TL|
|ORDER PAYMENT TOTAL (including VAT)||_____ TL|
Payment (Collection) Information
Payment Method – Means: (Credit Card / Credit Card at the Door or Cash Collection)
[Card Type Visa ….
Credit Card Number ….
Payment Credit Card …
Credit Card Payment By Instalment/Single Payment.
Total Value … ]
|Delivery Information :|
|Name-Surname/ Title :|
|Phone Number :|
|Invoice Information :|
|Name-Surname/ Title :|
|Phone Number :|
Article 3- ISSUES ON WHICH THE BUYER WAS INFORMED BEFOREHAND
The BUYER confirms that he/she has been informed about the following issues by seeing and examining all the general-specific explanations on the relevant pages-sections of the WEBSITE, before the BUYER accepts this Agreement on the WEBSITE and enters into an order and payment obligation. – Title and contact information of the SELLER, MERSIS number and up-to-date introductory information, – Appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the product(s) from the WEBSITE, – Professional Chamber of which the SELLER is a member (ICOC – İstanbul Chamber of Commerce) and electronic contact information that can be obtained from the rules of conduct stipulated by ICOC regarding the profession. (Phone Number: 4440486, www.ito.org.tr) – Confidentiality, data use-processing and electronic communication rules applied to the BUYER’s information applied by the SELLER and the permissions the BUYER gives to the SELLER in these matters, Legal rights of the BUYER, The rights of the SELLER and the procedure of using the rights of the parties,– Delivery restrictions stipulated by the SELLER for the products, – Payment methods-means accepted by the SELLER for the Product(s) subject to the Agreement and basic features-qualities of the Products, total price including taxes (The total price to be paid by the BUYER to the SELLER, including relevant costs), – Information on the methods of delivery of the Products to the BUYER and the shipping-delivery-cargo costs,– Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, commitment-responsibilities of the parties in these matters, – Products and other goods-services that the BUYER does not have the right of withdrawal, – In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used in due time, the BUYER will lose its right of withdrawal, – In the Products with the right of withdrawal, if the Product is damaged or changed due to not using it in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the BUYER’s request for withdrawal may not be accepted and in any case, the BUYER will be responsible to the SELLER, In cases where the SELLER accepts, it can collect an amount that it deems appropriate according to the said defect or change, by deduction (offset) from the repayment to be made to the BUYER, – In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the refund of the Product price and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return), – In case the BUYER is a legal person, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature in any case.) BUYER cannot use “consumer rights”, especially the right of withdrawal, – According to its nature, all other sales conditions included in this Agreement and this Agreement, after being approved by the BUYER on the WEBSITE and sent to the BUYER by e-mail, can be stored and accessed for the period requested by the BUYER and can be accessed and be kept by the SELLER for a period of three years. – In case of disputes, 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 the Law No. 6502.
Article 4- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, there is no right of withdrawal in the contracts regarding the following goods/services, even if they have not been used:
a) Goods prepared in line with the special requests or personal needs of the BUYER (Those that have been made special to the person/personal needs by making changes or additions, including the special products imported/supplied from the country or abroad based on the BUYER’s order)
b) Perishable or expired goods, such as cosmetics and foodstuff (chocolate, etc.)
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return in terms of health-hygiene, such as cosmetics, swimwear, underwear products, etc.
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature
e) Books, CDs, DVDs, audio and video recordings, software, etc. all kinds of digital products and computer consumables whose protective elements, such as package, tape, seal, etc. are opened, and all services performed instantly in the electronic environment and all kinds of intangible goods delivered instantly to the consumer.
f) Goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the seller/supplier,
g) Periodicals such as newspapers and magazines, other than those provided under a subscription agreement,
h) Service for accommodation, transportation of goods, car rental, food and beverage supply and leisure time for entertainment or rest, which must be done on a certain date or period
i) Services started to be performed within the period of the right of withdrawal with the approval of the BUYER, and
j) Other goods-services that are generally considered outside the scope of distance sales pursuant to the relevant legislation, and cases where the BUYER purchases for commercial/professional purposes.
In cases where it is possible to use the right of withdrawal, the BUYER is liable by law for the changes and deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, the BUYER may lose the right of withdrawal if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions for use, technical specifications and operation until the withdrawal date; In cases where it is accepted by the SELLER, a discount is made from the price of the product to be returned, up to the change/deterioration. In cases where there is a right of withdrawal, it is sufficient for the BUYER to have sent a clear notification to the SELLER (verbally/written to the above-mentioned contact addresses) within the legal 14-day period, indicating that the BUYER has exercised its right of withdrawal. In case the said right is exercised within the time limit, it is obligatory to send the Product to the above address of the SELLER within a maximum of ten (10) days, at the BUYER’s expense. If the contracted cargo company is specified for product returns on the WEBSITE, the BUYER can send the Product from a branch within or outside the District where it is located, in this case, the BUYER will not be charged. In this return process, the product must be delivered complete and undamaged with its box, packaging and standard accessories, if any. In addition to the cases where a Return Invoice must be issued by the BUYER as per the tax legislation, the following section regarding the return will be filled in and signed on the invoice to be returned with the Product. Order returns whose invoices are issued on behalf of institutions (legal persons) will not be accepted unless a Return Invoice is issued. “The address to which the Product will be returned, SELLER’s address / the address of the courier company delivered for return” Provided that the above-mentioned requirements are fulfilled by the BUYER, the Product price and, if any, the delivery costs of the Product to the BUYER are returned to the BUYER in accordance with the payment method used when purchasing the Product, within 14 days from the date of receipt of the withdrawal notice to the SELLER. The BUYER’s legal rights-responsibilities after the withdrawal period regarding the Products and the SELLER’s contractual and legal rights and obligations from the BUYER, including the findings regarding the reward points, are also present and valid.
Article 5 – SPECIAL TERMS APPLIED WHEN THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE CONTRACTUAL PRODUCT AND/OR PAYS THE SELLER USING REWARD POINTS
5.1. In the presence of a current agreement-contract, which allows the BUYER to provide a reward point, discount, etc. between an organization that makes one earn reward points, etc. and the BUYER and SELLER, due to the said agreement of the SELLER and the contract with the mentioned organization, as a result of the transaction subject to this Agreement, the BUYER may withdraw from this Agreement and terminate it by other means. In cases where a refund is made to the BUYER with the cancellation of the order, the amount (monetary value) of the reward points, gifts and similar earned by the BUYER with the purchase subject to this Agreement is taken back from the BUYER as follows: Unless a different method is foreseen in the SELLER’s agreement with the relevant institution, if the BUYER has sufficient-other reward points (excluding the reward points earned by the shopping subject to this Agreement) at the mentioned institution-system, the deduction will be made from those reward points. If such reward points are not available, the deduction will be made in cash from the price to be returned by the SELLER to the BUYER.
5.2. If the payment to the SELLER by the BUYER in the purchase of the Product subject to this Agreement is partially / completely made by reward points, etc. in the case of the product purchased in this way being returned to the BUYER in accordance with the relevant provisions of this Agreement, the reward point used by the BUYER in the SELLER when purchasing the Product on the WEBSITE, and similar items can be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant institution.
5.3. In cases where unfair reward points are gained or used by the BUYER in any way, as a general rule, the monetary value-amount of the said reward points may be collected from the BUYER (by credit card, cash and other legal methods) by the SELLER. This provision is also valid for the price of the goods given as a gift to the BUYER by the SELLER as a result of the application of such a system.
5.4. Other matters related to the acquisition and use of reward points and the like are subject to the provisions of the agreements-contracts between the institution in question and the BUYER and the SELLER, and where relevant, the SELLER may use all certain rights-authorities before the BUYER and the institution, both here and in the aforementioned contract-agreements and may also perform related transactions on behalf and/or account of the specified organization and/or other workplaces in the same system.
5.5. Cash money requests in return of reward points, gift certificates, etc. earned from the SELLER or used before the SELLER, are not accepted under any circumstances.
5.6. The SELLER accepts no liability for the disputes between the BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; the above provisions are valid and reserved.
5.7. The above provisions, if any, are applied by analogy in the acquisition and use of reward points obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in their payments to the SELLER, thus, the BUYER accepts the above special conditions (also).
Article 6 – RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Confidentiality rules-policy and conditions, the current principles of which are stated below, apply for the protection, confidentiality, processing-use of information, communications and other issues on the WEBSITE.
6.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure of the SELLER, within the scope of today’s technical possibilities according to the nature of the information and transaction. However, since the said information is entered from BUYER’s device, it is BUYER’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
6.2. For electronic and other commercial-social communications to be made with companies within the group companies, for the purpose of all kinds of information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications, the SELLER can record, store in print/magnetic archives, update, share, transfer, use and process in other ways before the specified ones and their successors indefinitely or for the period they foresee, when deemed necessary. These data can also be forwarded to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing of existing and new information, personal and non-personal, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make electronic communications and other communications, whether commercial or non-commercial.
6.3. The BUYER can always stop the data usage-processing and/or communications by reaching the SELLER through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions 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, is deleted from the data recording system or anonymized in an anonymous way. The BUYER may refer to the SELLER through the above communication channels and get information on issues such as objection to the emergence of a result against him by means of transactions related to the processing of his personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, elimination of damage in case of damage due to the processing of the SELLER. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the Party.
6.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use, except for those belonging to other third parties according to the SELLER’s agreement, all intellectual and industrial rights and property rights belong to the SELLER.
6.5. The SELLER reserves the right to make any changes he may deem necessary on the above issues; these changes will become effective as soon as they are announced by the SELLER on the WEBSITE or by other appropriate methods.
Article 7- GENERAL PROVISIONS
7.1. The Product subject to the Agreement is delivered to the BUYER or to the third person/organization at the address indicated on the WEBSITE, provided that the legal 30-day period is not exceeded, on the principles specified below. The SELLER sends and delivers the Products through the contracted cargo company for its shipments. In the event that this cargo company does not have a branch at the location of the BUYER, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER. Products in stock are delivered to cargo within three (3) working days at the latest from the date of order. However,
if there are products with a special offer in the same order, after waiting for the special offer to end, all the Products subject to the order are sent to the cargo company to be delivered to the person and address specified by the CONSUMER during the order within 3 (three) working days at the latest.
Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) working days under normal conditions, depending on their distance.
7.2 In general and unless expressly stated otherwise, the delivery costs
(cargo fee, etc.) belong to the BUYER. The SELLER may not reflect all or a part of the delivery costs in question to the BUYER, depending on the special offers carried out at the time of sale and announced on the WEBSITE.
7.3. In the event that the BUYER is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. In case there is no one to take delivery at the address, it is BUYER’s responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than BUYER, 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 late delivery of the Product by the BUYER and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo is returned to SELLER shall also belong to the BUYER.
7.4. The BUYER is responsible for checking the Product as soon as it is received and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the Cargo company official. Otherwise, SELLER will not accept responsibility.
7.5. Unless otherwise stipulated in writing by SELLER, BUYER must have paid the price in full before receiving the Product. If the price of the
Product is not fully paid to SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, SELLER may unilaterally terminate the agreement and not deliver the Product. If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the
SELLER or demands a refund of the price paid, the Product shall be returned to SELLER by the BUYER within 3 days at the latest. If the non- payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be borne by the BUYER. All other contractual-legal rights, including the follow-up of the Product price, of the SELLER without accepting the return, are reserved separately and in any case.
In order to avoid any hesitation, in cases where sales price is paid by the credit card, installment card etc. owned by banks (including financial institutions) by the BUYER, All the facilities provided by these cards are credit and/or installment payment opportunities directly provided by the card issuer, the product sales realized within this framework and for which the SELLER collects the price all at once or step by step, are not sales on credit or installments for the parties of this Agreement, but cash sales. The legal rights of the SELLER in cases deemed to be sales by installments by law (including the right to terminate the agreement and/or demand payment of the remaining debt together with default interest in case of non- payment of installments) are available and reserved within the framework of the relevant legislation. In case of default of the BUYER, monthly default interest is applied as stipulated by the applicable laws.
7.6. If the product cannot be delivered within the legal maximum 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 extraordinary situation.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Agreement, within three (3) days from the date of learning of this situation, he/she can supply another good / service with equal quality-price, and it shall be deemed to have fulfilled its contractual commitment in this way, on the condition that he/she informs the BUYER in accordance with the law and receives his verbal/written approval. The BUYER is free in all respects whether to give the said consent and in cases where he does not give consent, the contractual-legal provisions regarding the cancellation of the order (Agreement termination).
7.8. In order cancellations and agreement terminations, including withdrawals complying with the law or the agreement, it is returned to the BUYER within a maximum of 14 days if the Product price has been collected. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER in the payment of the Product price to the SELLER. For example, in credit card payments, the refund is made by way of a refund to the BUYER’s credit card, and the Product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount on the BUYER’s accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and take responsibility for possible delays (banks usually take three weeks to reflect the refund to the BUYER account). The SELLER has and reserves the right to deduct, discount and reduct the price to be refunded, arising from this Agreement and the law. The BUYER’s legal rights regarding the cases where the Agreement is terminated by the BUYER due to the SELLER’s non-performance is also reserved and existing.
7.9. The BUYER may notify the SELLER, verbally or in writing, about his/her requests and complaints regarding the product and sale, by reaching the
SELLER communication channels in the preamble of the Agreement.
7.10. Some of the issues written in article 3 above may not be included in this Agreement due to their nature; however, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as on the information pages/sections of the WEBSITE – sales stages or general, depending on their interest.
7.11. The BUYER can always access and review the aforementioned
Information and this Agreement, by saving and storing the aforementioned e-mail on his/her device, since they are sent to the e-mail address he/she has declared after acceptance. On the other hand, it is kept for three years in the systems owned by the SELLER.
7.12. SELLER records (including records in magnetic media such as computer-sound recordings) constitute evidence in the resolution of any disputes that may arise from this Agreement and/or its implementation; the rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.
Article 8- LEGAL REMEDIES OF THE BUYER – AUTHORIZED JURISDICTIONS
In disputes that may arise from this Agreement, Provincial and District
Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year by the Ministry of Commerce in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in the place of residence (residence) of the BUYER or, if he/she wishes, of the SELLER. The BUYER accepts and declares that he/she has read all the conditions and explanations written in this Agreement and in the pre-order-agreement notices (INTERNET SITE), which are its integral parts, the basic features- attributes of the Product/Products subject to sale, sales price, payment method, delivery conditions, that he/she has prior knowledge of all matters written in Article 3 of this Agreement, including the SELLER and all other preliminary information/information and the right of withdrawal, personal information-electronic communication and reward points conditions about the SELLER and the Product subject to sale, that he/she has seen all of them electronically on the WEBSITE, and again he/she has given
confirmation-approval-acceptance-permission to all these in electronic environment, by ordering the Product, and accepts the terms of this Agreement. Both the aforementioned preliminary information and this
Agreement are also sent to the above e-mail (mail) address notified by the
BUYER to the SELLER and the confirmation of receipt of the order is also included in the aforementioned e-mail along with the order summary.