Distance Selling Contract
DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about it.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Telephone
Fax
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9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; Confirming the Preliminary Information in electronic environment, accepts, declares and undertakes that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely.
9.2. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.3. The SELLER accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER within 14 days.
9.4. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and in case the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the contract product will end.
9.5. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
9.6. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the impediment is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.7. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.8. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.9. 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 SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER from the bank of the card holder to submit a letter stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
9.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all losses incurred by the SELLER due to the falseness of this information, in cash and in full, upon the first notification of the SELLER.
9.11. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
9.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.13. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links have been placed for the purpose of facilitating the redirection of the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.14. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by refusing the goods without any legal or criminal liability and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. Costs excluding customs and cargo arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
11. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
12. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, shall be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER:
BUYER:
DATE:
Membership Agreement
Contract Definitions SITE: It is the website that can be accessed from the online environment where various services and content are offered within the framework determined by SEIH. MEMBER: Any natural and legal person who wishes to use SEIH to purchase products, fill out the membership form they have chosen, and whose membership is approved by SEIH. They will be briefly referred to as “MEMBERS” in this agreement. Individuals over the age of 18 can become a member by completely filling out the relevant membership form on the SITE with their real identity information. "Member name" is unique to the member and the same "Member name" cannot be given to two different MEMBERS. USER: It is the person who visits the SEIH website with or without shopping. LINK: It is a link that makes it possible to access another website, files, content or from another website to the SITE, files and content through the SITE. CONTENT: All kinds of information, files, pictures, programs, figures, prices, etc. published or accessible on the SITE and/or any website. visual, literary and auditory images.
WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT: This is the contract concluded electronically between SEIH and real and/or legal persons who will benefit from the commercial and personal services offered through the SITE. PERSONAL INFORMATION: Identity, address, e-mail address, telephone number, IP address, which parts of the SITE he visited, domain type, browser type, date and time of visit, etc. of the member and user. Any information belonging to a real person, such as Scope of Services The services that SEIH will provide through the SITE are generally electronic commerce defined in the Consumer Law legislation. The services that SEIH will provide on the SITE, including but not limited to the ones listed; The products offered for sale at www.seihistanbul.com owned by SEIH; After the price is paid by the MEMBER, “the contract has imposed on the seller; in case the debt of “delivery of the goods” is executable; It is the delivery of the goods to the customer by the cargo company on behalf of SEIH without any defects within the promised time. SEIH is completely free to determine the scope and quality of the services to be provided through the SITE, and is deemed to have put into effect the changes it will make regarding the services by publishing it on the SITE. In order to benefit from the services to be provided within the SITE, users must have the features to be determined by SEIH and to be specified in the content of the relevant section of the SITE. SEIH is completely free to determine these features and is deemed to have put into effect the changes it will make regarding the features by publishing it on the SITE. In case the User or Member provides contact information for the purpose of contacting him, the change made is communicated to the User or Member without obtaining separate approval for the commercial electronic messages regarding the change, use and maintenance of the goods or services proviGeneral provisions Through the SITE, links to other websites and/or other content that are not under the control of SEIH and owned and operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to USERS and MEMBERS and do not support any website or the person who operates that site. It does not constitute any kind of declaration or guarantee regarding the information contained in the linked website. SEIH has no responsibility for the websites accessed through the links on the SITE and their contents, and the damages that may arise from the use of these sites are the responsibility of the USERS and MEMBERS. SEIH may bind access to such linked websites with its own written consent, or it may at any time terminate access to links that SEIH may not deem appropriate. USER and MEMBER, files, information and documents available for downloading and/or sharing on the SITE have not been freed from viruses, worms, trojans, dialer programs, spam, spyware or any other malicious and damaging codes or materials. accepts that it may be possible and that the SITE does not give any guarantee in these matters.ded.
It is the responsibility of the USER and the MEMBER to meet all the software and hardware needs, maintenance and updates required for the prevention of such malicious and harmful programs, codes or materials, the accuracy of data inputs and outputs, or the recovery of any lost data. SEIH is not responsible for any damages incurred by the USER, MEMBER or third parties due to data inaccuracies or losses that may be caused by such malicious programs, codes or materials. SEIH is not responsible for any damages that the USER, MEMBER or third parties may suffer due to such malicious programs, codes or materials, data inaccuracies or losses.SEIH, all kinds of services, products, campaigns, etc. available in this SITE and its extension. reserves the right to change the information and conditions of use of the SITE and the information presented on the SITE without any prior warning, rearrange the SITE and its content, stop and/or pause the broadcast. Changes come into effect when they are published on the SITE. These changes are deemed to have been accepted by the use of the SITE or by logging into the SITE. These conditions also apply to other linked web pages. SEIH, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records. SEIH, the institutions it cooperates with, SEIH employees and managers, SEIH authorized dealers are not responsible for the services provided by third parties and the content published within the SITE. The commitment of the accuracy and legality of the information, content, visual and audio images provided and published by any third party is entirely the responsibility of the third parties who perform these actions. SEIH does not guarantee the security, accuracy and legality of the services and content provided by third parties. Users of the SITE can only transact on the SITE for legal and personal purposes. The legal and penal responsibilities of the USERS and MEMBERS in every transaction and action they take within the SITE belong to them. Each USER and each MEMBER undertakes not to engage in any activity that would infringe the rights of SEIH and/or another third party. SEIH has no direct and/or indirect responsibility for the damages incurred or to be incurred by third parties due to the activities of the USER and MEMBERS on the SITE. The owner of this SITE is SEIH. The information, texts, pictures, brands, slogans and other signs on this SITE, as well as the programs for the protection of information on other industrial and intellectual property rights, the page layout and the presentation of the SITE. is in its possession. Any database, website, html code of software-codes and other codes etc. related to the information in this SITE or the SITE pages. and partial or complete copying, modification, publishing, sending, distribution, sale of the products, designs, pictures, texts, visual, audio and other images, video clips, files, catalogs and lists contained in the SITE, online or using other media. it is forbidden. The USER and MEMBER accept and undertake that they will not reproduce, copy, distribute, process the software, hardware and content of the SITE listed above and not limited to these, and will not compete directly and/or indirectly with SEIH, either by these actions or by other means. The USER and MEMBER do not have the right to resell, process, share, distribute, display SEIH services, SEIH information and SEIH's copyrighted works, or allow anyone else to access or use SEIH's services. Partial copying, printing, processing, distribution, reproduction, display of the information on this page is only possible for non-commercial personal needs and with the written permission of SEIH.
SEIH may use, process, classify and store on a database, in accordance with the provisions of the "Privacy Policy" and "Web Site Terms of Use", the information transmitted to it by the USERS and MEMBERS through the SITE. SEIH is obliged to notify any changes to these provisions. SEIH also; User and MEMBER's identity, address, e-mail address, telephone number, IP address, which parts of the SITE he visited, domain type, browser type, visit date, time etc. information such as statistical evaluation, announcement of campaigns and personalized services can be used for purposes such as presentation. Personal information of USERS and MEMBERS will not be disclosed to real and legal third parties, except for the request of the authorities authorized by law and the cases listed below. Personal information is rarely given to third parties acting for or on behalf of SEIH, or to those related to SEIH's business, in order to better process the original use of the data or to provide better service in accordance with the purposes suggested by the USERS and MEMBERS. The USER and MEMBER expressly consent to the sharing and processing of their Personal Information within the scope above, by approving the "Privacy Policy" and "Website Terms of Use". In cases where SEIH is not expressly authorized within the scope of these SITE Terms of Use, SEIH; SEIH services reserves all rights regarding SEIH information, SEIH copyrighted works, SEIH trademarks, SEIH commercial appearance or other assets and information provided through this SITE.Limitation of Liability SEIH, accessing the SITE, the programs of the SITE or the information and other data on the SITE, etc. is not liable for any direct or indirect damages that may arise due to breach of contract, tortious act, or other reasons due to the use of SEIH, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption. It is accepted that by accessing this SITE or other linked websites or using the SITE, SEIH is exempted from all kinds of liability, court and other costs, and all kinds of damages and claims that may arise as a result of use/visit. is being done. Transfer SEIH may assign this agreement in whole or in part at any time without notice. However, the USER and MEMBER cannot transfer this contract or any part of it to another party. Such a transfer attempt is invalid. Force Majeure SEIH is not liable for late performance or non-performance of these "WEBSITE TERMS OF USE" in all situations that are legally considered force majeure. These and similar situations will not be deemed as delay or non-performance or default in terms of SEIH, or SEIH will not be liable for any compensation for these situations.
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Applicable Law and Authority Disputes arising from this "WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT" are subject to Turkish Law and Istanbul Central Courts and Enforcement Offices are authorized. SE IH reserves the right to file a lawsuit in the country where the USER and MEMBER reside. Effectiveness and Acceptance This “WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT” becomes effective on the date it is announced by SEIH in the SITE content. By using the SITE, USERS are deemed to have accepted the provisions of the "WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT" and the provisions of the MEMBERSHIP AGREEMENT by becoming a member. SEIH can change the provisions of this contract at any time, the changes are published on the SITE by specifying the version number and date of change and enter
PRIVACY & SAFETY
With this text, as .........., the personal data of our customers who benefit from our products and services and all real persons related to SEIH are processed and stored in accordance with the Law on the Protection of Personal Data No. 6698 (“KVKK”). We declare that it is one of our top priorities, we declare that we will process your personal data as stated below and within the limits drawn by the legislation, with the title of "Data Controller" we hold in accordance with the KVKK and with the awareness of this responsibility. 1. Collection and Processing of Personal Data Depending on the service, product or commercial activity provided by SEIH, your personal data can be collected verbally, in writing or electronically through stores, websites, social media channels and similar means, and can be updated and processed as long as you benefit from our Company's products and services. 2. Purposes of Processing Personal Data Your collected personal data, in accordance with the personal data processing conditions specified in Articles 5 and 6 of KVKK, campaigns, promotions, discounts, offers, events, sweepstakes, etc. to provide information on the issues, to provide, develop and benefit from the products and services offered to you by our Company, to make statistical evaluations, to create a database or to carry out studies such as market research, to customize the products and services offered by SEIH according to your likes and needs, to submit the complaints of the related persons monitoring, user relations management and in this context, developing communication strategies, carrying out corporate communication activities, establishing the necessary infrastructure for the legal, commercial and technical security of the relevant persons and personal data, creating business plans and operations, evaluation processes, legal compliance process, financial affairs etc It will be processed for the purposes of determining, developing and implementing our company's commercial and business strategies and ensuring the execution of our company's human resources policies. 3. To Whom The Processed Personal Data Can Be Transferred And For What Purpose Your collected personal data; For the purposes specified in Article 2, in accordance with the personal data processing conditions specified in Articles 5 and 6 of the KVKK, to our business partners, suppliers, ............. legally authorized public institutions and private individuals. may be transferred within the framework of the personal data transfer conditions specified in Articles 8 and 9 of the KVKK. 4. Legal Reason and Method of Personal Data Collection Your personal data, as listed below, in line with the above-mentioned purposes, verbally, in writing or via e-mail from channels such as SEIH website and mobile application, in electronic environment, regulated in the relevant legislation determined by the competent authorities of our Company and published by the Personal Data Protection Board. In order to provide products and services for the above-mentioned purposes in accordance with the conditions in the reports, and in this context, to fulfill the requirements of its responsibilities arising from the provisions of the contract and the law. Ways of Collecting Personal Data; Subscribing to the SEIH website, Shopping on the SEIH website without registering * Subscribing to the SEIH e-bulletin Participation in activities such as surveys, sweepstakes and contests made by SEIH Making complaints and suggestions to SEIH in writing Job applications to SEIH, CV sharing
5. Rights of Personal Data Owners Listed in Article 11 of the KVK Law As a personal data owner, if you submit your requests regarding your rights to our Company through the communication channels stated below in this Clarification Text, our Company will respond to you free of charge within thirty days at the latest, depending on the nature of your request. However, if a fee is foreseen by the Personal Data Protection Board, the fee in the tariff determined by our Company will be charged. In this context, personal data owners; • To learn whether personal data is processed, to request information if personal data has been processed, • To learn the purpose of processing personal data and whether they are used in accordance with the purpose, • Knowing the third parties to whom personal data is transferred in the country or abroad, • Requesting correction of personal data in case of incomplete or incorrect processing and requesting notification of the transaction made within this scope to the third parties to whom the personal data has been transferred, • Requesting the deletion or destruction of personal data in the event that the reasons requiring processing are eliminated, although it has been processed in accordance with the provisions of the KVKK and other relevant laws, and requesting the notification of the transaction made within this scope to the third parties to whom the personal data has been transferred, • Objecting to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems, • It has the right to demand the compensation of the damage in case of loss due to unlawful processing of personal data. Pursuant to article 13/1 of the KVKK, you may submit your request regarding the exercise of your above-mentioned rights to our Company in writing or by other methods determined by the Personal Data Protection Board. In this context, the channels and procedures you can submit your application to our Company within the scope of Article 11 of the KVKK are explained below. For all your questions and comments regarding your personal data, you can send your request to bediagunaydinn@gmail.com via e-mail address.
Website Terms Of Use
The services offered on this SITE are provided by .......... (hereinafter referred to as "SEIH") and the legal owner of the SITE is SEIH, and all kinds of usage and disposition authority on the SITE belong to SEIH. SEIH may change these terms of use whenever necessary; however, these changes will be regularly published on the SITE and will be valid from the same date. Every natural and legal person who makes use of the SITE services and accesses the SITE is deemed to have accepted any changes made by SEIH in the provisions of these terms of use in advance. SEIH reserves the right to change the information, forms and content on this SITE at any time.
PAYMENT METHODS
