1. Parties
This Agreement has been signed between the following parties under the terms and conditions specified below.
- 'BUYER'; (hereinafter referred to as "BUYER" in this Agreement)
NAME AND SURNAME:
ADDRESS:
- SELLER'; (hereinafter referred to as "SELLER" in this Agreement)
NAME: ERHAN SEPIDZI
ADDRESS: Cumhuriyet Mah., Prof Muammer Aksoy Cad., No: 29, Foça/İzmir
By accepting this Agreement, the BUYER acknowledges that if they confirm the order, they will be obligated to pay the price of the order and any additional charges such as shipping fees and taxes, and they accept that they have been informed about this in advance.
2. Definitions
In the application and interpretation of this Agreement, the following terms shall represent the written explanations next to them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188),
SERVICE: Any consumer transaction other than the provision of goods, which is done or promised to be done for a fee or benefit,
SELLER: The company that provides or acts on behalf of or on account of a consumer in the course of commercial or professional activities,
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERER: A real or legal person who requests a good or service through the SELLER’s internet site,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement concluded between the SELLER and the BUYER,
GOOD: Movable items subject to purchase and intangible goods prepared for use in electronic environments such as software, audio, and visual media.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product with the qualifications and sale price specified below, ordered electronically by the BUYER through the SELLER's internet site, in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The listed and advertised prices on the site are sale prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Shopinsia
Address: Cumhuriyet Mah. Prof Muammer Aksoy Cad., No: 29, Foça/İzmir
Phone: 05059684806
Fax:
Email: info@shopinsia.com
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. ORDERER'S PERSONAL INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. SUBJECT OF THE CONTRACT WHICH PRODUCT/PRODUCTS INFORMATION
7.1. The fundamental characteristics (type, quantity, brand/model, color, number) of the product/products/service are published on the SELLER’s internet site. If the SELLER has organized a campaign, the fundamental features of the relevant product can be reviewed during the campaign period. The campaign is valid until the end date.
7.2. The listed and advertised prices on the site are sale prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
7.3. The total sales price of the product or service including all taxes is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT) |
Shipping Fee | |||
Total : |
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. Shipping costs will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, and payment method of the product and delivery on the SELLER’s internet site, and have provided electronic confirmation. The BUYER also acknowledges, declares, and undertakes that they have obtained accurate and complete information regarding the address to be given by the SELLER, the basic features of the ordered products, the prices including taxes, payment, and delivery details before the establishment of the distance sales contract.
9.2. Each product subject to the contract will be delivered to the BUYER or the person or institution at the address indicated by the BUYER within the period specified in the preliminary information section on the internet site, depending on the distance of the BUYER’s residence, not exceeding 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER retains the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product in accordance with the order, with all necessary documents including guarantee certificates and user manuals, free from defects, and in compliance with legal regulations and standards. The SELLER also undertakes to maintain and improve service quality, act with the necessary care and attention, and to fulfill their obligations in good faith.
9.4. The SELLER may supply a different product of equal quality and price with the explicit consent of the BUYER before the performance period of the contract expires.
9.5. If the fulfillment of the contractual obligations becomes impossible, the SELLER undertakes to inform the BUYER in writing within 3 days of learning of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that in the case of non-payment or cancellation of the payment recorded by the bank, the SELLER’s obligation to deliver the product will cease.
9.7. If the product is not paid for by the BUYER’s credit card due to unauthorized use by third parties after delivery to the BUYER or the recipient at the address indicated by the BUYER, the BUYER agrees to return the product to the SELLER within 3 days at the SELLER’s expense.
9.8. In cases of force majeure such as unforeseen events that prevent or delay the fulfillment of the contract, the SELLER undertakes to notify the BUYER and the BUYER has the right to request cancellation of the order, replacement of the product with an equivalent, or postponement of the delivery until the force majeure situation is resolved. If the order is canceled by the BUYER, the product amount paid in cash will be refunded within 14 days. If paid by credit card, the amount will be refunded to the relevant bank within 14 days after the cancellation. The BUYER acknowledges that the time for the refund to reflect in their account is dependent on the bank’s processing time and that the SELLER is not responsible for delays.
9.9. The SELLER has the right to communicate with the BUYER through the address, email, and phone numbers provided on the site or updated later for communication, marketing, notification, and other purposes. The BUYER acknowledges and agrees that the SELLER may engage in these communication activities.
9.10. Before receiving the product/service, the BUYER must inspect it and reject any damaged or defective products (e.g., crushed, broken, torn packaging) from the delivery company. The product/service will be deemed undamaged and intact. The BUYER is responsible for taking care of the product/service after delivery. If the right of withdrawal is exercised, the product/service must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is different from the BUYER or if a security issue is detected with the credit card before delivery, the SELLER may request the credit card holder’s identity, contact information, a previous statement of the credit card, or a letter from the bank confirming the credit card ownership. The order will be suspended until the requested information/documents are provided. If the requested documents are not provided within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER undertakes that the personal and other information provided during registration on the SELLER’s site is accurate and agrees to compensate the SELLER for any damage caused by inaccuracies in this information immediately, in cash, and in full.
9.13. The BUYER agrees to comply with the legal regulations while using the SELLER’s site and not to violate them. Otherwise, all legal and criminal liabilities will fully and exclusively bind the BUYER.
9.14. The BUYER may not use the SELLER’s site in a manner that disrupts public order, is contrary to general morality, disturbs or harasses others, or for illegal purposes. Additionally, the BUYER may not engage in activities that prevent or hinder others from using the services (spam, viruses, trojans, etc.).
9.15. The SELLER’s site may contain links to other websites and/or contents controlled by third parties. These links are provided for the convenience of the BUYER and do not imply any endorsement or guarantee of the content of the linked sites.
9.16. A member who violates one or more provisions of this Agreement will be personally responsible for any legal and penal consequences, and the SELLER will be exempt from these consequences. Furthermore, the SELLER retains the right to seek compensation for violations through legal channels.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to them or the person/institution indicated, without needing to provide any reason and without paying any penalty. The BUYER’s right of withdrawal period starts on the date of delivery of the product to the BUYER or the person/institution designated by the BUYER.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing (e.g., by letter, fax, or email) within 14 days. If the product is returned to the SELLER due to withdrawal, the SELLER will refund the amount paid by the BUYER within 14 days.
a) The invoice of the product delivered to a third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns of orders invoiced on behalf of institutions cannot be completed if a RETURN INVOICE is not issued.)
b) Return form
c) The products to be returned must be delivered in their unopened box, with their packaging and, if available, standard accessories, complete and undamaged.
d) The SELLER is obliged to refund the total amount and the documents that put the BUYER under obligation within a maximum of 10 days from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to the fault. However, the BUYER is not responsible for changes and damages that occur due to proper use of the goods or products within the withdrawal period.
f) If the campaign limit amount determined by the SELLER is fallen below due to the exercise of the right of withdrawal, the discount amount obtained within the scope of the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products prepared according to the BUYER's request or personal needs, which cannot be returned, such as innerwear, swimsuits, bikini bottoms, makeup products, disposable items, products prone to rapid spoilage or with a likelihood of expiration, products whose packaging has been opened by the BUYER after delivery, products unsuitable for return due to health and hygiene reasons (such as jewelry), products that mix with other products after delivery and cannot be separated by nature, periodicals such as newspapers and magazines unless provided under a subscription agreement, instant services performed electronically, or intangible goods delivered immediately to the consumer, and audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, if the packaging has been opened by the BUYER, cannot be returned according to the Regulation. Additionally, the right of withdrawal cannot be used for services that have started to be performed with the consumer’s approval before the end of the withdrawal period.
Cosmetics and personal care products, innerwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be unopened, untried, undamaged, and unused in order to be eligible for return.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made by credit card, the BUYER accepts, declares, and undertakes that they will pay interest under the credit card agreement with the card-issuing bank and will be liable to the bank. In this case, the relevant bank may pursue legal remedies; claim arising expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults on the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for damages incurred due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration board or consumer court located in the consumer's place of residence or where the consumer transaction is carried out, within the monetary limits specified in the following law. Information on monetary limits is as follows:
Effective from 28/05/2014:
a) According to Article 68 of the Law No. 6502 on the Protection of Consumers, disputes with a value of less than 2,000.00 (two thousand) TL are addressed to district consumer arbitration boards.
b) For disputes with a value below 3,000.00 (three thousand) TL, provincial consumer arbitration boards,
c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to the provincial consumer arbitration boards.
This agreement is done for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed through the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the agreement is read and accepted by the BUYER on the site before the order is processed.
SELLER: Shopinsia
BUYER:
DATE: