Article 1- Parties
1.1. Seller
Name: KEMAL ÖZER SAHRA BUTİK
Address KOCASİNAN MERKEZ MAHALLESİ BİRLİK2 SOKAK NO.1/1 BAHÇELLİEVLER / İSTANBUL
Phone: 05359792204
Email: info@nicotine.com.tr
1.2. Buyer
Name – surname/TC. No.
Address
Phone
E-mail
Article 2- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER ordered electronically from the SELLER's http://www.websiteadrsiniz.com internet site.
The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and internet-friendly manner about the seller's name, title, full address, telephone and other contact information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the website http://www.websiteadrsiniz.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contractual Product/Payment/Delivery Information
The type and kind of product/products received electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, shipping fee are as stated below. The person to be invoiced and the person who made the contract must be the same. The information below must be accurate and complete. The buyer accepts to fully cover any damages that may arise from the inaccuracy or incompleteness of this information, and the buyer also accepts all kinds of liability that may arise from this situation.
SELLER reserves the right to stop the order when it deems necessary, if the information provided by the BUYER does not match the truth. In cases where the SELLER detects a problem in the order, if it cannot reach the BUYER through the phone, e-mail and mail addresses provided by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER cancels the order in order to prevent damage to both parties.
Product/Products Purchased
Name, code: … pieces
Total Sales Price: …. -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Delivery Person:
Telephone Number:
Delivery Address:
Invoice Person/Institution:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL
Article 4- Contract Date and Force Majeure
The contract date is the date ../../…., which is the date the order was placed by the buyer.
Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered as force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will immediately notify the other party of the situation in writing.
No liability will arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Seller's Rights and Obligations
5.1. The seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop from ……………. The seller will assume that the age specified by the buyer in the contract is correct. However, the seller will not be held responsible in any way due to the buyer writing their age incorrectly.
5.2. http://www.websiteadrsiniz.com is not responsible for price errors caused by system errors. Based on this, the seller is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The buyer cannot claim rights from the seller based on system errors.
5.3. You can shop from http://www.websiteadrsiniz.com by credit card (Visa, MasterCard , etc.) or bank transfer. Orders that are not transferred within a week from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when the transfer (EFT) reaches the bank accounts. Payment methods such as paid shipment or postal checks that are made without consultation with customer services will not be accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract except for force majeure reasons.
6.2. The Buyer accepts and undertakes that it has accepted the terms of the business contract by placing an order and will make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that he/she has been informed about the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom complaints and objections can be submitted, etc. in a clear, understandable and internet-friendly manner from the http://www.websiteadrsiniz.com internet site, and that he/she has confirmed this preliminary information electronically.
6.4. Depending on the previous article, the Buyer declares that he/she has read and is informed about the www.websiteadrsiniz.com order/payment/usage procedure information, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and that he/she has given the necessary confirmation electronically.
6.5. The buyer accepts and undertakes not to damage the product and its packaging in any way if they want to return the purchased product, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
Order:
After the VAT-included TL amount of the products added to the shopping cart (total installment amounts in installment transactions) is approved by the buyer, it is processed through the relevant bank card's POS. Therefore, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment is not made without the Order Confirmation e-mail being sent.
Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer using one or more of the telephone/fax/e-mail channels specified in the contract. If necessary, the buyer may be asked to contact their bank. The time the orders are processed is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer (EFT) has reached the seller's accounts.
In exceptional cases, if it is understood that the contractual goods cannot be supplied due to a legitimate reason and/or if a stock problem is encountered, the buyer can be immediately informed in a clear and understandable manner and given his/her approval, another good of equal quality and price can be sent to the buyer or, in line with the buyer's wishes and preferences; a new product can be sent, the product can be expected to be in stock or the other obstacle preventing delivery can be eliminated and/or the order can be cancelled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation and the total amount paid and any documents that put him/her under debt, if any, are returned to him/her within ten days at the latest and the contract is cancelled. In such a case, the buyer will not have any additional material or moral damages claims from the seller.
Payment:
http://www.websiteadrsiniz.com offers cash transfer order options to buyers who do not want to use their credit card information on the internet. In payment by transfer, the buyer can choose the most suitable bank for him/her and make the transfer. If EFT has been made, the date of transfer to the account will be taken into account. When making a money transfer and/or EFT, the “Sender Information” must be the same as the Invoice Information and the order number must be written.
If the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or illegal use of the Buyer’s credit card by unauthorized persons for reasons not caused by the Buyer’s fault after the delivery of the product, the Buyer is required to send the product delivered to him/her to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer.
If the Buyer has preferred to make payment by credit card, the BUYER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER in accordance with the provisions of the legislation in force.
Article 8 - Shipment/Delivery Procedure
Shipment:
With the sending of the order confirmation e-mail, the product/products are delivered to the courier company that the seller has an agreement with.
Delivery:
The product/products will be delivered to the buyer's address with the courier company that the seller has an agreement with. The delivery period is 30 days from the sending of the order confirmation e-mail and the establishment of the contract. This period can be extended by a maximum of ten days, provided that the buyer is notified in advance in writing or by a continuous data carrier.
Products are sent to regions where courier companies do not deliver to addresses with a telephone notification.
In regions where the courier company delivers once a week, there may be a delay in the specified day period in cases of inaccuracies and deficiencies in the shipment information, and in some social events and natural disasters. The buyer cannot impose any liability on the seller due to these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for any extra shipping costs that may arise from the person/organization to whom the product is to be delivered not accepting the delivery, incorrect shipping information and/or the Buyer not being at the location. If the product/products have not reached the customer within the specified days, delivery problems should be reported to customer services immediately using the e-mail address ileti@…………….com.
In case of damaged packages; Damaged packages should not be accepted and a report should be prepared by the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to have the package opened there, to check that the products were delivered without damage and to request that the situation be determined with a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fully performed its duty. If the package is not accepted and a report is prepared, the situation should be reported to the seller Customer Services as soon as possible, together with the copy of the report that remains with the Buyer.
Article 9- Procedure Regarding Product Return and Right of Withdrawal
Product Return:
The buyer has the right to withdraw from the contract within seven days after receiving the goods without giving any reason and without paying any penalty. In order for the return transactions to be carried out in accordance with the general circular of the tax procedure law numbered 385, the buyer must fill in the return sections at the bottom of the 2 invoices belonging to the seller delivered with the goods completely and correctly, sign them and send one copy to the seller with the product and keep the other copy in his/her possession. The right of withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be covered by the buyer.
The right of withdrawal does not apply to goods prepared in accordance with the buyer's requests and/or clearly in line with his/her personal needs.
If the buyer exercises his right of withdrawal, the seller shall return the total amount received and any documents, if any, that put the consumer in debt, within ten days at the latest from the date the invoice containing the notice of withdrawal reaches the seller together with the product, without charging any cost to the consumer.
The decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value of the goods or the decrease in its value.
The general return period for each product received inadvertently is 7 days. During this period, the return of products whose packaging has been opened, used, damaged, etc. will not be accepted. The return must be made with the original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use, or other situations are detected in the product and its packaging inadvertently and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.
For product return, the situation must be communicated to customer services first. The information about sending the product back is communicated to the customer by the seller. After this meeting, the product should be delivered to the seller via the cargo company that delivered it to the recipient's address, together with the invoice containing the information about the return. If the returned product that reaches the seller meets the conditions specified in this contract, it will be accepted as a return and the refund will be made to the recipient's credit card/account. No refund will be made without returning the product. The period for reflection of refunds made to a credit card on credit card accounts is at the discretion of the relevant bank.
If the purchase was made with a credit card and in installments, the credit card refund procedure will be applied as follows: The Bank makes the refund to the buyer in installments, depending on the number of installments the buyer requested to purchase the product. After the seller pays the entire product price to the bank in one go, in case the installment expenses made from the Bank POS are refunded to the buyer's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the buyer until the cancellation of the sale, if the refund date and the card's account closing dates do not coincide, will be reflected on the card as 1 (one) refund each month and the buyer will receive the installments he/she paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments he/she paid before the refund, and will be deducted from his/her current debts.
In the event of a return of goods and services purchased with the card, the seller cannot make a cash payment to the buyer in accordance with the contract he/she has made with the Bank. In case of a return transaction, the member business, namely the seller, will make the refund through the relevant software, and since the member business, namely the seller, is obliged to pay the relevant amount to the Bank in cash or as a deduction, the buyer cannot be paid in cash as per the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the procedure above after the buyer pays the amount to the Bank in a single payment.
Article 10-Warranty
Products used and cleaned in accordance with the instructions for use are guaranteed for 2 years against any kind of manufacturing defect under the conditions specified below: The seller's warranty liability only applies to consumers covered by Law No. 4077. The provisions of the Turkish Commercial Code will apply to commercial transactions.
Article 11- Privacy
The information provided by the buyer to the seller for the purpose of making payment with the information specified in this contract will not be shared by the seller with third parties.
The seller may only disclose this information within the framework of the existence of an administrative/legal obligation. If the seller has the information requested from him/her within the scope of any kind of judicial investigation with documented investigative capacity, he/she may provide it to the relevant authority.
Credit Card information is never stored, Credit Card information is only used to obtain provision by securely transmitting it to the relevant banks during the collection process and is deleted from the system after provision.
Information such as the buyer's e-mail address, mailing address and telephone are only used by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the buyer after approval.
Article 12- Authorized Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the Buyer or the Seller are authorized up to the value declared by the Ministry of Industry and Trade every December.
In case of order, the Buyer is deemed to have accepted all the terms of this contract. …/…/…