ARTICLE 1- SELLER
DISTANCE SALES AGREEMENT
Our company is a member of Istanbul Chamber of Commerce (ITO), ITO’s professional code of conduct.
The electronic contact information you can obtain is as follows: (www.ito.org.tr, Telephone: 444 0 486).
ARTICLE 2- SUBJECT OF THE AGREEMENT
2.1 The subject of this contract is the sale of the product, the qualifications and sales price of which are given below, which the real or legal person (“Buyer”) who has signed this contract has ordered electronically from the Seller’s http www.nayaistanbul.com.tr website (“Website”). It is the determination of the rights and obligations of the parties in accordance with the Law on the Protection of Consumers No. 6502, the Regulation on Distance Contracts and other relevant legislation regarding the delivery and delivery. The provisions of the Code of Obligations and the Turkish Commercial Code shall apply to BUYERs who are not considered consumers.
2.2 Buyer, Seller’s name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs etc. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed by the seller clearly, clearly and in accordance with the internet environment, that it has confirmed this preliminary information in electronic environment and then ordered the goods in accordance with the provisions of this contract.
2.3 The Preliminary Information on the Website and the invoice issued on the order given by the Buyer are integral parts of this contract.
ARTICLE 3- CONTRACT PRODUCT(S), DELIVERY, PAYMENT INFORMATION
The Buyer accepts that he/she is informed about the type and type, code, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the Product(s) received electronically and confirms this information before the payment is made. and declares. The person to be invoiced and the person making the contract must be the same.
ARTICLE 4- MATTERS TO THE BUYER PRELIMINARY INFORMATION
The Buyer accepts, declares and undertakes that he has been informed about the following issues before the Buyer’s acceptance of this Agreement on the Website and before he undertakes both the order and the payment obligation, and that he has been informed by reading the “Order and Contract Preliminary Information Text” on the Website. it does.
Title and contact information of the Seller, information on the chamber of commerce and current introductory information,
Information about the basic features of the product(s), total price including taxes, shipping costs,
Delivery, invoice and payment information of the product(s),
Shipping restrictions stipulated by the Seller for the Products,
In cases where the Buyer has the right of withdrawal, the Buyer will lose his right of withdrawal if the right is not exercised in due time with the terms, duration and procedure of using this right,
Products for which the Buyer does not have the right of withdrawal,
In cases where there is a right of withdrawal, how to return the Products to the Seller and all related financial issues (including return methods, cost and refund of the Product price and discounts and deductions that can be made for the reward points earned/used by the Buyer during the return),
Purpose-appropriate tools-methods regarding the stages of the sale process and the correction of incorrectly entered information during its acquisition from the Website,
In case of a dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502. (Total installment amounts in installment transactions) and all costs including shipping fee, if any, are processed through the payment method chosen by the Customer after the Buyer’s approval, and an order confirmation e-mail is sent to the Buyer before the Products are dispatched following the payment. No shipment is made before the Order Confirmation e-mail is sent. ARTICLE 6- CONDITIONS OF SHIPMENT AND DELIVERY6.1 The Seller will send the Products via the contracted cargo company within a maximum of 30 days. In case this cargo company does not have a branch in the location of the Buyer,
The Buyer must receive the Product from the nearest branch of the cargo company within 7 days at the latest; Otherwise, the Buyer is responsible for all damages and expenses.
6.2 In the event that the Buyer is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. The situation where there is no one to take delivery at the address
It is the Buyer’s responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the late receipt of the Product by the Buyer and the expenses incurred due to the fact that the Product has been waited in the cargo company and/or the return of the cargo to the Seller shall also be borne by the Buyer.
6.3 The Buyer is responsible for checking the Product as soon as it is received and when he sees a problem in the Product due to the cargo, not accepting the Product and keeping a report to the Cargo company official. Otherwise, the Seller will not accept responsibility.
6.4 If the Product cannot be delivered within the legal time due to force majeure, the Seller shall immediately notify the Buyer of this situation. In this case, the Buyer can cancel the order or wait until the force majeure situation ends. In the event that the Product cannot be supplied by the Seller, the Seller shall clearly inform the Buyer within 3 days after learning of this situation and the Buyer shall cancel the order. With the cancellation of the order by the Buyer, the Seller is obliged to return the total price paid by the Buyer and any documents that put him under debt, if any, to the Buyer within 14 days at the latest. In such a case, the Buyer shall not claim any additional material and moral damages from the Seller.
6.5 If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the Seller or demands a refund of the price paid, the Product shall be returned to the Seller by the Buyer within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the Buyer, the shipping costs will be borne by the Buyer. All other contractual-legal rights of the Seller, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
7.1 The Buyer has the right to withdraw from the Contract within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. However, the Buyer may use his right of withdrawal within the period from the conclusion of the Contract until the delivery of the Product.
7.2 Unless otherwise agreed in writing by the parties, the Buyer cannot exercise its legal right of withdrawal regarding the following Product/service(s), even if it has not been used:
a) Products or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the Seller,
b) Products prepared in line with the Buyer’s requests or personal needs (those that are customized for the person/personal needs by making changes/additions),
c) Products that can spoil quickly or expire,
d) After the delivery, the protective elements such as packaging, tape, seal, package have been opened and returned.
products that are not suitable for health-hygiene,
e) Products that are mixed with other products after delivery and cannot be separated due to their nature,
f) Services started to be performed with the Buyer’s approval before the expiry of the right of withdrawal.
7.3 Notification of the Buyer that he has exercised his right of withdrawal, within the period specified above.
In writing or with a permanent data logger, it is necessary to direct the Seller as follows.
7.3.1. In case the right of withdrawal is exercised before the delivery of the products to the courier company to be delivered to the Buyer, the Buyer may make the necessary notification via the Seller’s firstname.lastname@example.org e-mail address or the number +90 530 069 07 47.
7.3.2. In case the right of withdrawal is exercised following the delivery of the products to the courier company to be delivered to the Buyer, the Buyer shall complete the return form on the back of the invoice delivered with the product, and return the Products, complete and undamaged, together with its box, packaging, and standard accessories, if any. It will be forwarded to the courier company. For product returns whose invoices are issued on behalf of institutions, a return invoice must be issued.
7.4 In case the right of withdrawal is exercised, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days at the latest from the date on which the notification of withdrawal is directed to the Seller. The shipping cost of the returned Product shall be borne by the Seller, provided that the Seller’s contracted cargo company is used.
7.5 The Seller, provided that the right of withdrawal is fulfilled by the Buyer on time and duly, within 14 days from the date of receipt of the withdrawal notification, the Product price and all the payments collected, including the delivery costs of the goods to the consumer, if any, are paid by the Buyer while purchasing the Product.
shall return it to the Buyer in accordance with the means. Delivery costs collected from the Customer shall be borne by the Seller only if all products subject to the same order are returned.
7.6 In the case of legal withdrawal and other order-contract cancellations, the Seller may receive a discount on the Product price and/or all kinds of reward points, etc., from the Buyer. The rights of collection and deduction of monetary values are reserved.
7.7 In cases where the right of withdrawal is not stipulated by law, the right of withdrawal cannot be exercised, and in cases where this right is not used duly or on time, the Buyer loses the right of withdrawal.
7.8. If there is more than one product in the order placed by the Buyer and the Buyer wishes to return some of these products, the Buyer can use the right of withdrawal for these products only after the delivery of the product.
7.9 Products sold over the internet in the Seller’s retail stores are not refundable.
ARTICLE 8- ISSUES REGARDING PRIVACY, INFORMATION SECURITY, PERSONAL DATA AND INTELLECTUAL RIGHTS
8.1 Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken in the system infrastructure of the Seller, within the scope of the information and technical possibilities according to the nature of the transaction. However, since the said information is entered from the Receiver device, it is the Receiver’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the Receiver and cannot be accessed by unrelated persons.
8.2 The Buyer can always stop the data usage-processing and/or communications by contacting the Seller through the specified communication channels. According to the clear notification of the Buyer on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the buyer wishes, he may object to the emergence of a result against him by means of transactions related to the processing of his personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, You can always apply to the Seller through the above communication channels and get information on issues such as the elimination of damages due to the processing of the product. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
8.3 Regarding all kinds of information and content of the Internet Site and their arrangement, modification and partial/complete use; Except for those belonging to other third parties according to the Seller’s agreement; All intellectual and industrial rights and property rights belong to the Seller.
8.4 The Buyer can always access and review the Preliminary Information and Contract text sent to the e-mail address following its approval by saving and storing the aforementioned e-mail in the permanent data storage. The Seller will also keep the Preliminary Information and Contract text in their systems for a period of three years.
8.5 The Buyer declares that the personal information provided in this application form is correct, and that all data, such as shopping and personal information, to be given under any circumstances within the scope of the order, shall be limited to the Seller and the ones specified here, even if the Buyer’s membership is terminated for any reason. its affiliates, subsidiaries, any service provider companies it works with under the Program, and their shareholders and employees (“Program Collaborators”), the processing of this data by the Program Collaborators, and the failure to update the information in the application form or to provide false information.
accepts and declares that the Seller and/or Program Collaborators are not responsible for any damages that may arise as a result of
8.6 To learn whether the personal data is processed or not to the Buyer, to request information if the personal data has been processed, to learn the purpose of processing the personal data and whether they are used in accordance with the purpose, to know the third parties to whom the personal data is transferred, incomplete or incorrectly processed to request the correction of personal data in case of such cases, to request the deletion or destruction of personal data within the framework of the conditions stipulated in the law, to request notification of the third parties to whom personal data has been transferred regarding the correction, deletion or destruction of personal data,
It has been reported that they have the right to object to the emergence of personal data and to demand the compensation of the damage in case of damage due to the illegal processing of personal data.
ARTICLE 9- FORCE MAJEURE
9.1 Circumstances that do not exist or are not foreseen at the date of signing the contract, develop beyond the control of the parties, and which make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (Natural disaster, war, terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.
9.2 During the continuation of the force majeure, the parties will not be liable for failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 10- AUTHORIZED COURTS AND EXECUTION OFFICES IN CASE OF DISPUTES
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year by the Ministry of Customs and Trade, and Consumer Courts in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in the place of residence (residence) of himself or, if he wishes, of the Seller.
ARTICLE 11- STATEMENT OF ACCEPTANCE AND APPROVAL
The Buyer accepts that he has read all the conditions and explanations written in this Agreement and in the Preliminary Information of the Order-Contract, which is an integral part of the Website, and that he/she has read the basic feature-attributes of the Product(s) subject to sale, sales price, payment method, that he has prior knowledge of all matters including the delivery conditions, all other preliminary information-information about the Seller and the Product subject to sale, the right of withdrawal, and personal information, that he has seen, read, and accepted the content of the entire Internet Site in electronic form and that he
By giving confirmation-approval-acceptance-permission, it accepts and declares that it accepts the provisions of this Agreement by ordering the Product.
I have read the Distance Sales Agreement, I accept and approve its content.