DISTANCE SALES AGREEMENT
1. PARTIES
1.1. Seller Information Company Title: Cherry Jewellery Hediyelik Eşya Sanayi ve Ticaret Limited Şirketi Address:Fulya Mah. Büyükdere Cad. Torun Center A Blok No:74 A İç Kapı No:37 ŞİŞLİ/ISTANBUL Chamber of Commerce / Reg. No: Istanbul Chamber of Commerce / 252014-5 Tax Office / Tax No: Mecidiyeköy Tax Office / 2091385553Mersis No: 0209138555300001 Customer Service: 444 50 34 Contact/Complaint: cherry@ozkonakkuyumcu.com
1.2. Buyer Information Name/Surname/Title: %FATURA_AD_SOYAD% Address: %FATURA_ADRES% Phone:%FATURA_TEL_1% E-Mail: %UYE_E-POSTA%
By accepting this agreement, the BUYER accepts in advance that if they confirm the order subject to this contract, they will be under the obligation to pay the order amount and any additional fees specified such as shipping fees and taxes, and that they have been informed in this regard.
2. DEFINITIONS
In the implementation of this agreement; MINISTER: Refers to the Minister of Trade, MINISTRY: Refers to the Ministry of Trade, LAW: Refers to the Law on Consumer Protection No. 6502, REGULATION: Refers to the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188), SELLER: Refers to the company offering goods to the consumer within the scope of its commercial or professional activities, or acting on behalf of or account of the one offering goods, BUYER: Refers to the real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes; this term corresponds to the "CONSUMER" concept in the Law No. 6502 and the Distance Contracts Regulation, SITE-APPLICATION: Refers to the internet website or mobile device application belonging to the SELLER, PARTY: Refers to the SELLER or the BUYER individually, PARTIES: Refers to the SELLER and the BUYER collectively, DISTANCE CONTRACT: Refers to contracts established via remote communication tools, within the framework of a system created for the remote marketing of goods or services, without the simultaneous physical presence of the SELLER or PROVIDER and the consumer, up to and including the moment the contract is established, AGREEMENT: Refers to this agreement concluded between the SELLER and the BUYER,PRODUCT-GOOD: Refers to the movable property subject to shopping and software, sound, image, and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT OF THE AGREEMENT
3.1. The subject of this Distance Sales Agreement (hereinafter referred to as the "Agreement") is the determination of the rights and obligations of the Parties pursuant to the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, whose qualifications, sales price, quantity, payment method, and right of withdrawal are specified below, which the Buyer has ordered electronically via the Seller's website with the URL "ozkonakkuyumcu.com" (hereinafter referred to as the "Site") or mobile application. For Buyers who are not considered consumers within the scope of the relevant legislation, the relevant provisions of the Turkish Code of Obligations and the Turkish Commercial Code shall apply. The Buyer acknowledges that by approving this Form and Agreement and accepting to make the payment, they are under an obligation to pay the amount specified below to the Seller. The conclusion of this Agreement shall not prevent the performance of the provisions of the Membership/User Agreements separately concluded by the parties.
3.2. The Buyer accepts and declares that they have been informed by the Seller in a clear, understandable manner suitable for the internet or mobile application environment regarding the Seller's name, title, full address, telephone, and other access information, the basic characteristics of the product/service subject to sale, the sales price including taxes, payment method, delivery and return conditions, procedures, right of withdrawal, costs, etc., all preliminary information regarding the goods subject to sale, and the official authorities to which they can submit their complaints and objections regarding the use of the right of withdrawal; as well as the privacy, data use/processing rules applied by the Seller for Buyer information, electronic communication rules, and the permissions given by the Buyer to the Seller in these matters; and that they have confirmed the preliminary information electronically, read and understood it, are aware of their rights and obligations, and subsequently ordered the product in accordance with the provisions of this Agreement.
3.3. The Preliminary Information Form on the payment page of the Site and the invoice issued upon the order placed by the Buyer are integral parts of this Agreement.
3.4. The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a specific period are valid until the end of the specified period.
4. MATTERS ON WHICH THE BUYER IS PRE-INFORMED
The Buyer accepts, declares, and undertakes that, before the establishment of the order and the Agreement, they have been accurately and completely informed regarding all matters related to the conclusion and implementation of the Agreement, including those listed below, through general and specific explanations on the relevant pages of the Site, the Agreement itself, the Preliminary Information Form (hereinafter referred to as the "Form"), and other means:
a) Basic characteristics of the product/service, b) The Seller's name or title, MERSIS number or tax identification number, contact information, and other introductory information, c) Stages of the sales transaction during the purchase of the product/service and appropriate tools/methods for correcting incorrectly entered information, d) Electronic contact information regarding the Professional Chamber (ITO-Istanbul Chamber of Commerce) of which the Seller is a member and the code of conduct prescribed by ITO regarding the profession, e) Privacy, data use-processing, and electronic communication rules applied by the Seller for Buyer information, and the scope of permissions given by the Buyer to the Seller in these matters, the Buyer's legal rights, the Seller's rights, and the procedures for the Parties to exercise their rights, f) Shipping restrictions foreseen by the Seller for the product/service, g) Accepted payment methods/instruments for the product/service, total sales price of the product/service including taxes, h) Information on procedures regarding the delivery of the product/service to the Buyer and additional costs such as transportation-delivery-shipping costs, i) Other payment/collection and delivery information and duration related to the product/service, other information regarding the performance of the Agreement, and the responsibilities of the Parties in these matters, j) Information on situations where the Buyer cannot exercise the right of withdrawal, or under which conditions they will lose this right, including failure to exercise it within the time limit, k) Where the Buyer has a right of withdrawal, the conditions, duration, and procedure for exercising this right; information on the Carrier Company foreseen by the Seller for returns and all financial matters (including return method and cost, refund of the Agreement price, and deductions/offsets due to reward points earned/used by the Buyer during the return), l) The open address, fax number, or email information where the withdrawal notification will be made, m) Deposits or other financial guarantees to be paid or provided by the consumer upon the Seller's request, and conditions related thereto, if any, n) Technical protection measures that may affect the functionality of digital content, if any, o) Details of the conditions for benefiting from various opportunities (special conditions) that may be applied on the Site at certain periods, p) Information on which hardware or software the digital content can work with, which the Seller knows or is reasonably expected to know, r) Information that the Agreement will be sent to the Buyer by email upon the Buyer's request after it is established by the Buyer's approval on the Application and Site, and that the Agreement can be accessed from the Buyer's membership account, along with all other sales conditions included in the Agreement according to its nature, s) Information that the Buyer may submit their applications to the Consumer Court or Consumer Arbitration Committee in case of disputes.
5. PRODUCT INFORMATION SUBJECT TO THE AGREEMENT
5.1. The type, code, quantity, model, color, unit price(s), sales price, payment information, and delivery information including the delivery location of the product(s) purchased by the Buyer are as follows, and this information has been approved by the Buyer. By signing this Agreement, the Buyer accepts and declares that they were informed about the product code, quantity, price including taxes, delivery fee, payment method, and right of withdrawal before making the payment and that they approved this information. When the Buyer approves the Form and the Agreement, the amount stated below will be collected from the Buyer according to the selected payment method, and the selected product(s) will be sent to the delivery address declared by the Buyer.
%URUNLER%
5.2. All amounts to be paid for the product (sales price including all taxes, shipping fee, installment difference amount, etc.) are presented to the Buyer's information in the table above. The Buyer knows and accepts that a payment obligation will arise when they approve the Form and this Agreement.
5.3. The Buyer may make payments using Credit Card, EFT, or Wire Transfer methods.
5.4. To avoid any doubt; in cases where the Buyer pays the sales price with a credit card, installment card, etc., obtained from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment facilities provided directly by the card-issuing institution. Product sales realized in this framework, where the Seller collects the price in a lump sum or in installments, are not credit or installment sales for the parties of this Agreement but are cash sales. The Seller's legal rights in cases deemed as installment sales by law (including the right to terminate the contract and/or demand payment of the entire remaining debt with default interest in case of non-payment of installments) are available and reserved within the framework of the relevant legislation. In case of the Buyer's default, a monthly default interest rate is applied as foreseen by the applicable laws.
5.5. Unless explicitly stated otherwise by the Seller, delivery and shipping costs belong to the Buyer and are added to the total order amount. Delivery will be made to the delivery address notified by the Buyer via the contracted Cargo company. The Seller may, entirely at its own commercial discretion and depending on the campaigns it runs at the time of sale and announces on the Site or mobile application, choose not to reflect all or part of the said delivery costs to the Buyer. This matter is entirely at the Seller's discretion.
5.6. Product delivery shall not be made to anyone other than the Buyer or the person(s) authorized by the Buyer to receive delivery in this Agreement. During delivery, authorized persons must present identification. If these persons do not present identification, delivery will be refused. If the product subject to the Agreement is to be delivered to a person(s) other than the Buyer, the Seller cannot be held responsible if the person(s) to be delivered do not accept the delivery. The Buyer accepts, declares, and undertakes that if the product(s) subject to this agreement cannot be delivered to the Buyer or the authorized person(s) due to reasons arising from them, the shipping fee incurred due to the re-sending of the said product(s) shall be paid by the Buyer in any case.
5.7. The Buyer may call the customer service number stated above or submit a written notification to the email address to get information about their order and convey their complaints.
5.8. In cases where the right of withdrawal is used for all or part of the ordered products (if the Buyer has benefited), if the total amount falls below the minimum shopping amount for the Seller's free shipping (delivery) campaign, the entire delivery-shipping fee not collected within the scope of the campaign will be deducted from the amount to be refunded to the Buyer (if the Buyer paid a shipping fee, this fee is refunded if unused). Similarly, in all cases where the Buyer receives a free (gift) product or discount by shopping at the minimum amount of any Seller campaign, or earns/uses gift vouchers, etc., if the condition of benefiting from the campaign/earning or usage conditions is violated/not met by the Buyer due to the use of the right of withdrawal for all or part of the ordered products (resulting in falling below the minimum amount or removal of the gift voucher condition), the entire amount of the said discount (and the price of the gift product, if any) will be deducted from the amount to be refunded to the Buyer. If the refund amount is insufficient, it will be collected from the payment instrument used during shopping (including credit card, etc.). If the Buyer earned (virtual/physical) gift vouchers, points, etc., due to the shopping, these will be canceled; if (virtual or physical) gift vouchers, points, etc., were used, the entire amount will be deducted from the refund, and if insufficient, collected as above. These provisions apply exactly in all cases where product return is in question, except for defective products, in addition to cases where the right of withdrawal is exercised.
6. GENERAL PROVISIONS
6.1. The Buyer accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, validity period of prices, payment method, delivery, and right of withdrawal of the product subject to the contract on the "ozkonakkuyumcu.com" website or mobile application and have given the necessary confirmation in the electronic environment. The Seller accepts, declares, and undertakes to deliver the product(s) completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and other information and documents required by the legislation. All products on our website are displayed as in stock. However, due to our products being gold and our wide product range, some products may not be in ready stock. In this case, the product you ordered will be produced from scratch in our workshops and sent to you.
6.2. Delivery will be made as soon as possible after stock availability is confirmed and the product price is transferred to the Seller's account. In any case, provided that it does not exceed the legal period of 30 (thirty) days, the product will be sent to the delivery address specified by the Buyer via the courier company contracted by the Seller ("Cargo Company"). If the Seller fails to perform its obligation within this period, the Buyer may terminate the Agreement. The specified 30 (thirty) day period is the period foreseen for the Seller to send the product (i.e., deliver it to the cargo), and does not cover the time spent in cargo and shipment. Therefore, the Seller is not responsible for delays arising from cargo and shipment, and delays or late deliveries caused by cargo and shipment cannot be grounds for termination by the Buyer. For pre-order product sales prepared according to the Buyer's request or personal needs; there is no 30 (thirty) day sending period, and the period may exceed 30 (thirty) days. In this case, the Seller will inform the Buyer regarding the delay status. The Buyer cannot terminate the Agreement due to the failure to send within 30 (thirty) days in sales of products prepared according to the Buyer's request or personal needs. If the products cannot be sent within the legal maximum of 30 (thirty) days due to extraordinary situations outside normal sales/delivery conditions (adverse weather, earthquake, flood, fire, pandemic, contagious disease, etc.) and force majeure, the Seller will inform the Buyer regarding the delivery using the available contact information. In this case, the Buyer may cancel the order, order a similar product, or wait until the extraordinary situation ends. If the Buyer cancels the order, the amount paid will be refunded to the Buyer within 14 (fourteen) days in accordance with the payment method. E-mails or SMS sent to the Buyer for informational purposes regarding the status of the order are not commercial electronic messages, and no fee is charged to the Buyer for this.
6.3. All responsibility belongs to the Seller until the moment of delivery regarding the delivery of the product(s) subject to the contract soundly, completely, in accordance with the qualifications specified in the order, with the invoice and warranty documents and user manuals, if any. The Buyer shall inspect the product(s) before receiving delivery; they shall not accept crushed, broken, torn packaging, deformed, etc., damaged and defective packages and products from the cargo company. If the Buyer notices any damage or defects after delivery that could not be noticed during receipt from the cargo company, they shall immediately inform the Seller via email. The Buyer is responsible for checking the product(s) subject to the contract at the moment of receipt and, if they see a problem arising from the cargo process, for not accepting the product(s) and having a report (tutanak) drawn up by the cargo company official. Otherwise, the Seller will not accept any liability. If no report is kept stating that the received product is damaged, it will be accepted that the product is undamaged and intact. The Buyer knows and accepts this matter. The debt of carefully protecting the Product after delivery belongs to the Buyer. If the right of withdrawal is to be used, the product must not have been used in any way, the product and its packaging must not be damaged, tampered with, or scratched, and the product must be returned together with the invoice and all other documents delivered to the Buyer (e.g., dispatch note, warranty certificate, user manual, etc.). This article provision shall apply to the Buyer's withdrawal and exchange requests. For Buyers who do not have the title of consumer, the defect notification periods applicable are; 2 (two) days for open defects and 8 (eight) days after delivery for latent defects, pursuant to Article 23, Paragraph 1, item "c" of the Turkish Commercial Code No. 6102.
6.4. In the event that the Buyer is not present at the specified delivery address, does not receive the product, or provides an incorrect address, the Seller accepts no responsibility; in this case, the Seller shall be deemed to have fulfilled its performance fully and completely. If the product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if this person/organization is not present at the address or does not accept the delivery. Therefore, all damages arising from the Buyer's late receipt of the product and expenses incurred due to the product waiting due to the Buyer's fault and/or the return of the product due to non-delivery also belong to the Buyer. The Seller sends and delivers the product(s) to the Buyer via the Cargo Company. If the Cargo Company does not have a branch in the Buyer's location, the Buyer must receive the product from another nearby branch of the Cargo Company notified by the Seller.
6.5. For the delivery of the product(s) subject to the agreement, it is a condition that this distance sales agreement and the preliminary information form have been confirmed electronically and the price of the product(s), including costs, has been paid by the payment method preferred by the Buyer. If it is determined that the product price has not been fully paid to the Seller before delivery, the Seller may unilaterally cancel the order and not deliver the product. If for any reason the price of the product(s) is not paid or is canceled in bank records, the Seller may unilaterally cancel the order, and the Seller's obligation to deliver the product(s) ends.
6.6. If the bank/financial institution to which the credit card used for the transaction belongs demands the return of the paid amount for any reason after product delivery, the product shall be returned to the Seller by the Buyer within 7 (seven) days at the latest. If the non-payment of the product price is due to an unjust instruction or objection by the Buyer to the bank, or due to a fault or negligence of the Buyer, shipping costs will be covered by the Buyer. All other contractual and legal rights of the Seller, including tracking the product price receivable without accepting the return, are reserved in any case. Furthermore, the Buyer accepts, declares, and undertakes that if the Agreement price is not paid to the Seller by the relevant Bank as a result of the unfair use of the Buyer's credit card by unauthorized persons after the delivery of the product subject to the contract, the Buyer will return the product to the Seller within 7 (seven) days at the latest, with return costs belonging to the Buyer.
6.7. The prices listed and announced on the Site are the prices at the moment the order is created. Announced prices and promises are valid until updated and changed. Periodically announced prices remain valid until the end of the specified period. The Seller is not responsible for price, product, and any update errors resulting from technical reasons. If an error occurs in price and product information, the Seller may refuse to make delivery to correct the error. In this case, the order will be canceled, and the order amount will be refunded to the Buyer's account. However, if the real price of the product is different from the announced one, the real price is notified to the Buyer. Upon the Buyer's request, the sale is realized over the real price or the sale is canceled. The Buyer accepts and declares that they are aware of these matters.
6.8. The goods/services offered by the Seller are intended for the consumer within the scope of retail sales; The Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been established, in case of orders placed in sizes and quantities that the Seller cannot prepare in bulk/wholesale. Products on the Site are limited to the stocks of our relevant operation stores.
6.9. The Seller may supply an equivalent product by informing the Buyer through the contact information above and obtaining their explicit approval before the performance obligation arising from the Agreement expires.
6.10. In case it is determined that the documents and information given regarding the order are incomplete, fake, and/or incorrect, or if there is a suspicion or determination that the order was made in bad faith and/or for commercial and/or profit-making purposes, the Seller reserves the right to stop and/or cancel the order application at any time to ensure necessary investigations are made, provided that the Buyer is informed. In case of cancellation, the refund process for the payment can be made provided that the Buyer is informed again. In sales of campaign products containing stock and quantity limitations based on order number on the product page, in case of product purchases exceeding the campaign conditions due to systemic disruptions, infrastructure problems, etc., and/or bulk purchases that would not be considered consumer purchases, product purchases exceeding the campaign conditions will be invalid and the order will be canceled. In this case, all payments collected, including the delivery fee, will be refunded to the Buyer within 3 days at the latest from the cancellation date of the order.
6.11. In cases where a refund must be made to the Buyer, such as the Buyer exercising the right of withdrawal for any reason within the scope of the Agreement, the product subject to the order not being supplied for various reasons, or a decision by the Consumer Arbitration Committee or Consumer Court to refund the price to the Buyer; if the payment was made by credit card, the 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 2 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's accounts after its return to the bank by the Seller is entirely related to the bank transaction process, that the bank is responsible for possible delays, and that they cannot hold the Seller responsible for these. The Seller cannot be held responsible for the bank failing to fulfill this obligation or fulfilling it late or incompletely. In case of the return of products purchased with a credit card, the refund will not be made to the Buyer in cash. The Buyer declares and undertakes that they have read and accepted this procedure.
6.12. The Seller may request from the Buyer the identity and contact information regarding the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank stating that the credit card belongs to the cardholder, 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 product is delivered to the Buyer. The order will be frozen until the Buyer provides the information/documents subject to the request, and if the said requests are not met within 24 (twenty-four) hours, the Seller shall have the right to cancel the order.
6.13. The Buyer accepts, declares, and undertakes that they will perform transactions with the consent of the credit card or debit card owner in transactions requiring the use of online payment methods and credit cards or debit cards via the website; otherwise, they will be exclusively responsible for all kinds of costs and damages, including attorney fees, that may arise from payment refunds, non-performance of service, or similar reasons, and will hold the Seller harmless from any claims that may arise from these.
6.14. If the relevant bank or financial institution does not pay the price of the product(s) to the Seller due to the unfair and unlawful use of the credit card belonging to the Buyer by unauthorized persons after the product delivery, not caused by the Buyer's fault, the Buyer is obliged to return the order to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, shipping costs belong to the Buyer.
6.15. The Seller has the right to unilaterally cancel an order and/or transaction that creates a reasonable suspicion of fraud without the Buyer's approval, and the Buyer has no right to make any claim against the Seller due to the cancellation of this order and/or transaction.
6.16. In the event that the payment regarding the product(s) subject to the contract is made by the Buyer in the form of "deposit to account" from any Bank's ATM device or branch, the Buyer accepts, declares, and undertakes to send the IBAN number belonging to a bank account belonging to them accurately and completely to the Seller's email address to be used in cases where the price of the product(s) needs to be refunded to the Buyer within the framework of the conditions specified in this Distance Sales Agreement and Preliminary Information Form, and consents to the refund being made to the IBAN number by the Seller.
6.17. The Buyer agrees to act in accordance with the legislation while using the Website. The Buyer cannot use the Website in any way that is contrary to public order and general morality, disturbing and harassing others, for an unlawful purpose, or infringing on the material and moral rights of others. In addition, they cannot engage in activities (spam, virus, etc.) that prevent or make it difficult for others to use the Website. Otherwise, all legal and criminal liability belongs exclusively to the Buyer. In addition, the Seller reserves the right to seek legal remedies against the Buyer due to violation of legislation or the Agreement.
6.18. The Buyer and the Seller accept, declare, and undertake that the correspondence addresses mentioned in the introduction part of this distance sales agreement are valid notification addresses and that all notifications directed to this address will be deemed valid. The Buyer shall notify their requests and complaints regarding the product and sale to the Seller in writing by accessing the Seller's communication channels in the introduction part of the Agreement.
6.19. Since it is sent to the email address notified after acceptance, the Buyer can always access and review the said Notifications and this Agreement by saving the said email to their device. On the other hand, the Seller is obliged to keep information and documents regarding each transaction related to its obligations regarding the right of withdrawal, information, delivery, and other matters regulated within the scope of this Agreement and the Regulation for three years.
6.20. In the event that the Buyer uses/causes to be used the campaigns organized by the Seller at its discretion, the coupons, and coupon codes given/transmitted to the Buyer in bad faith, or abuses/causes to be abused the Seller's good will, the Seller may carry out all necessary transactions, including cancellation of sales, to eliminate the said violating transactions. However, if the Buyer is enriched against the Seller's assets as a result of the violating transaction, the Buyer shall return this enrichment to the Seller within 3 (three) business days from the date the request reaches the Buyer. Otherwise, the Seller may apply for all legal and criminal remedies for the return of this enrichment and the sanctioning of the Buyer. The Buyer accepts, declares, and undertakes in advance that they accept the matters specified in this article and have no right of objection.
6.21. The Seller may suspend the operation of the Site for a temporary period or stop it completely for reasons such as renewal, development, etc., at any time. In case the system is suspended for a temporary period or stopped completely, the Seller shall have no responsibility towards its members or third parties. Deliveries of products ordered during the period the Site is active will be completed within the framework of the Agreement conditions following the disappearance of this reason.
6.22. The Buyer consents while becoming a member of the Site and during the order; that their personal information (name, surname, title, address, telephone, fax, email, etc.) within the scope of the Form and Agreement and kept by the Seller may be used by the Seller, through its representatives, for the purposes of contacting the Buyer via email, telephone, fax or SMS, or via post, order management, and management of customer relations processes.
6.23. The Buyer declares and undertakes that their personal information and payment information in the Form and Agreement are complete and correct. The Buyer is responsible for the accuracy of this information. If this information is incomplete or incorrect, the Buyer is obliged to update this information from their account on the Website. The Buyer is also responsible for all damages the Seller may suffer due to this information not being correct.
6.24. All intellectual property rights (copyright and other rights) on the source code, data code, software, and database within the system constituting the "ozkonakkuyumcu.com" website and their developed versions, including the authority to use the financial rights regulated under the names of "Processing" in Article 21, "Reproduction" in Article 22, "Dissemination" in Article 23, "Representation" in Article 24, and "Communication to Public by Means of Signal, Sound and/or Image Transmission" in Article 25 of the Law on Intellectual and Artistic Works No. 5846, and moral rights regulated under "Authority to Disclose to Public" in Article 14, "Authority to Designate the Name" in Article 15, and "Prohibition of Modification in Work" in Article 16 of the same law, belong exclusively to the Seller without limitation of place, time, content, medium, and number. They cannot be copied without the written explicit consent of the Seller, cannot be processed or reverse-engineered in whole or in part; cannot be reproduced directly or indirectly in whole or in part (original and/or processed version); cannot be disseminated by any form or method; cannot be benefited from by representation in public places directly or by means serving to transmit signs, sounds, or images; cannot be used in digital environments and/or mobile devices, cannot be communicated to the public and cannot be made available to third parties; cannot be recorded on data carrying tools produced with technical possibilities known at the date of the Agreement or to be developed after the Agreement date; cannot be used in any audio-visual work and cannot be communicated to the public, exhibited, changed, adapted or translated by methods known at the date of the Agreement or to be developed in the future, or by means serving to transmit signs, sound and/or images or by republishing.
6.25. The products purchased by the Buyer, in whole or in part, and/or any information, software, or service obtained from the product(s) cannot be modified, copied, distributed, reproduced, published, made the subject of derivative works, transferred, or sold. The Buyer accepts, declares, and undertakes that they will not use the product(s) purchased with this agreement for illegal purposes and/or in prohibited ways. Otherwise, all legal and criminal liability belongs to the Buyer, and the Seller reserves the right to all kinds of compensation and other claims arising from the said unauthorized use against all claims and demands that may be put forward against the Seller by third parties or authorized authorities.
6.26. The Buyer accepts, declares, and undertakes not to engage in acts, transactions, or actions that stop or prevent the Seller's website or mobile application with spam, viruses, trojan horses, and similar other malicious software without limitation, or to be in any relationship with third parties engaging in acts, transactions, or actions in this direction.
6.27. Persons under the age of 18 and those who lack the power of discernment or have limited legal capacity cannot shop from the Seller. By reading and confirming this agreement, the Buyer accepts and undertakes that they are over 18 years old, have the power of discernment, and/or are not legally restricted. No fault can be attributed to the Seller due to the Buyer giving incorrect information regarding this matter.
6.28. The provisions of this distance sales agreement regarding product returns are also valid for product exchanges.
6.29. The Parties accept, declare, and undertake that in cases where there is no provision in this Agreement, the provisions of the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation shall apply.
7. INVOICE INFORMATION
Payment Method: %ODEME_SEKLI% Delivery Address: %TESLIMAT_ADRES% Recipient:%TESLIMATI_ALAN% Billing Address: %FATURA_ADRES% Shipping Fee: %KARGO_UCRETI% TL
Invoice Delivery: The invoice will be delivered together with the order to the billing address during the order delivery.
8. RIGHT OF WITHDRAWAL
8.1. The Buyer has the right to withdraw from the Agreement within 14 (fourteen) days without giving any reason and without paying any penal clause, except for exceptional cases where the right of withdrawal cannot be used. The withdrawal period starts on the day the Agreement is established for services; for Products, it starts on the day the Buyer or the third party determined by the Buyer receives the product. However, the Buyer may also exercise the right of withdrawal within the period from the conclusion of the Agreement to the delivery of the product. In distance contracts regarding service provision, this period starts on the date the contract is signed. If it is agreed in the contract that the performance of the service will be made before the fourteen-day period expires, the consumer may exercise the right of withdrawal until the date the performance begins.