Protection of Personal Data Regarding Distance Sales Contract and Distance Sales Contract
1. Parties to the Contract
1.1. Information About the Seller:
Title: BARAN GİYİM SANAYİ VE TİCARET ANONİM ŞİRKETİ
Address: MERKEZ MAH. BASAK 1 SK. D BLOCK NO: 2 A SISLI/İSTANBUL-TURKEY
Tel. : +90 212 320 45 26
Fax : -
Email : email@example.com
Product Return Address: MERKEZ MAH. BASAK 1 SK. D BLOCK NO: 2 A SISLI/İSTANBUL-TURKEY
Mersis Number: 0141-0020-7400-0010
1.2. Information on Consumer/Buyer (*):
Email address: [email]
(*) In case the buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the buyer acting for commercial or professional purposes; The buyer cannot benefit from the provisions and consumer rights to grant special rights and opportunities to consumers regulated in this Agreement and the law
2. Subject of the Agreement
No. 6502 regarding the purchase/sale and delivery of the product(s) whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the SELLER's www.quiprive.com website (hereinafter referred to as the "SITE"). It is the determination of the mutual rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer (TKHK) and the Regulation on Distance Contracts and all other relevant legal regulations and practices.
3. Contractual Product/s and Product Information:
3.1. Product Attributes:
Shipping Fee: [shipping]
3.2. Payment and Delivery:
Payment Method and Schedule [payment]
Delivery Address [address]
Delivery Person [name]
Invoice Address [address]
3.2.1. The BUYER shall pay in cash or in installments via credit or debit card; The products will be delivered to the Delivery Address by cargo within 30 (thirty) days at the latest from the day the order is sent to the SELLER.
3.2.2. Even if the BUYER or the third person determined by the CONSUMER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER shall bear all kinds of damages arising from the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER.
3.2.3. If any, the shipping fee, which is the product delivery cost, is not included in the product price; It will be paid by the BUYER.
3.2.4. In the event that the products cannot be delivered to the person within the specified time and/or in the promised manner due to the BUYER's fault or negligence, the SELLER cannot be held liable.
3.2.5. The PARTIES agree that if the following conditions are met by the SELLER, another good with equal quality and price can be supplied to the BUYER:
Understanding that the contractual good cannot be supplied for a justifiable reason.
Receiving the consent of the BUYER by informing them in a clear and understandable way.
3.2.6. If the supply of the product subject to the order becomes impossible, the SELLER shall notify the BUYER in writing or with the permanent data provider within 3 (three) days from the date of learning of this situation and return the total price to the BUYER within 14 (fourteen) days.
3.2.7.If the relevant bank or financial institution does not pay the product price to the SELLER after the delivery of the product due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, the BUYER shall return the product to the SELLER within 3 (three) working days, provided that it has been delivered to the BUYER. In this case, the SELLER does not bear the shipping costs.
3.2.8. If the product price is not paid for any reason or the bank payment is canceled after the Preliminary Information Form, which is an integral part of this Agreement, is approved and the Distance Sales Agreement is concluded, until the BUYER informs the SELLER by paying the product price; The SELLER refrains from the delivery of the product.
3.2.9. If the SELLER cannot deliver the contractual product/s in due time due to force majeure, weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it shall notify the BUYER. In this case, the BUYER may use one of the rights to (i) cancel the order, (ii) replace the product(s) subject to the contract with its precedent, and/or (iii) postpone the delivery time until the force majeure/blocking situation disappears. In case the BUYER cancels the order, the total amount paid is paid to him in cash and in full within 14 days. In the payments made by the BUYER by credit card, the product/s amount is returned to the relevant bank within 14 (fourteen) working days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER assumes that it will not be possible for the SELLER to intervene in any way for possible delays and the SELLER is responsible for the time it will take for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account. knows and accepts that it is not.
3.3. Billing Information (**)
Tax Office/Number: [taxedaire]/[taxed]
Invoice Address [address]
(**) The invoice will be delivered with the order to the delivery address at the time of order delivery.
4. General Conditions
4.1. The BUYER declares that he has read and learned the basic features, sales price, payment method, delivery and other preliminary information of the product/s on the SITE and gives the necessary confirmation on these issues in electronic environment.
4.2. By confirming the preliminary information, which is an integral part of this Agreement, electronically, the BUYER confirms that before the conclusion of the distance contracts, the address, the basic features of the ordered product/s, the Turkish Lira price of the product/s including taxes, payment and delivery information are correct and complete.
4.3. The SELLER is responsible for the delivery of the contracted product(s) intact, complete, with the qualifications specified in the order, with warranty documents and user manuals, if any.
5. Right of Withdrawal:
5.1. We undertake that the BUYER has the right to withdraw from the contract by refusing/returning the goods within 14 (fourteen) days from the date of receipt of the goods or the delivery of the goods to the third person / organization at the address indicated, without undertaking any legal or criminal liability and without giving any reason.
5.2. Within 10 (ten) days from the date of the withdrawal notification to the SELLER, it is obligatory to send the goods back to the SELLER's product return address specified in Article 1.1 or to the person authorized by him by cargo. In the event that the goods are sent back through the SELLER's contracted cargo companies mentioned above, the BUYER shall not be held responsible for the costs of the return.
5.3.In order for the right of withdrawal to be exercised, it is stated to the SELLER that this right is used within this period;
SELLER'S MERKEZ MAH BAŞAK 1 SK. D BLOK NO: 2 A ŞİŞLİ/İSTANBUL-TÜRKİYE in writing or via a permanent data carrier via an e-mail to the e-mail address firstname.lastname@example.org or via the contact form available here.
5.4. When the BUYER uses its right of withdrawal;
The invoice of the product delivered to the BUYER or the person designated by the BUYER as the Deliverable Person, (***)
The products to be returned complete and undamaged together with the box, packaging and standard accessories, if any, will be sent to the SELLER with the cargo determined by the SELLER within 14 days from the notification of the use of the right of withdrawal.
(***) In case the BUYER is a real or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the BUYER acting for commercial or professional purposes, excluding the consumer rights of the BUYER If he/she wants to return the product, it must be sent with the return invoice to be issued when returning the product. (In case the BUYER is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes; cannot benefit from the provisions and consumer rights.)
5.5. If the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it will be responsible for the changes and deteriorations that occur
5.6. In the event that the BUYER exercises its right of withdrawal, the SELLER takes immediate action at the relevant bank to return the product price to the BUYER's bank account or credit card account within 14 (fourteen) days from the date on which the withdrawal notification is received.
5.7. The product to be returned using the right of withdrawal will be sent by the BUYER to the address specified by the SELLER within 14 (ten) days from the date on which the right of withdrawal reaches the SELLER. The shipping fee of the products sent to the SELLER without a notice of withdrawal shall be borne by the BUYER. In this case, the BUYER knows and accepts that he will pay the said shipping fee.
5.8.The CONSUMER cannot use the right of withdrawal for the following goods or services:
a) Goods produced in line with the special requests of the consumer or his personal needs (including those that are customized to the person/personal needs by making changes or additions);
b) goods that are in danger of perishable or are likely to expire;
c) from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Goods such as underwear, swimwear or cosmetics whose return is not suitable for health and hygiene reasons;
d) goods that are mixed with other products after delivery and cannot be separated due to their nature;
e) if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods, books, digital content and computer consumables presented in the material environment;
f) goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or supplier;
g) periodicals such as newspapers and magazines, except those provided under the subscription agreement;
h) the service of 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;
ı) goods that are mixed with other products after delivery and cannot be separated due to their nature;
i) services performed instantly in electronic environment or intangible goods delivered instantly to the consumer and services that are started to be performed with the approval of the consumer before the end of the right of withdrawal with consumer approval, and
j) other goods and services considered outside the scope of distance sales pursuant to the relevant legislation
6. Settlement of Disputes and Competent Court
In the implementation of the contract, the Consumer Arbitration Committees and the Consumer Courts in the place where the CONSUMER purchases the product/s and where the residence is located, within the monetary limits specified in Article 68 of the Law on the Protection of the Consumer No. 6502 announced by the Ministry of Customs and Trade.
BARAN GİYİM SANAYİ VE TİCARET ANONİM ŞİRKETİ
ANNEX- 1: Fee Detail Document
FEE DETAIL DOCUMENT
The price details of the Product(s) subject to the Distance Sale Contract are as follows:
Shipping Fee: [shipping]
TOTAL : [total]
Payment Method and Schedule: [payment]
Delivery Address: [delivery address]
Delivered Person: [deliveryname]
Invoice Address: [invoiceaddress]