ARTICLE 1 - THE PARTIES
A. ‘BUYER’ ;
Name/Surname/Title :
Address:
Telephone:
E-mail:
B. ‘SELLER’ ;
Title : GAUS TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Chamber of Commerce registration no: 334493
Mersis No :0411097741300001
E-mail:[email protected]
İş bu sözleşmeyi kabul etmekle ALICI, sözleşme konusu siparişi onayladığı takdirde sipariş konusu bedeli ve varsa kargo ücreti, vergi gibi belirtilen ek ücretleri ödeme yükümlülüğü altına gireceğini ve bu konuda bilgilendirildiğini peşinen kabul eder.
ARTICLE 2- SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the SELLER's website.
ARTICLE 3- PRODUCT SUBJECT TO THE CONTRACT
Date :
Product Name
Total Product Amount
The variety and type of products, quantity, brand / model color sales price is as stated above.
Payment method:
Delivery address
with Total
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that he / she has read and is informed the preliminary information regarding the basic qualities, sales price and payment method and delivery of the product subject to the contract on the website and that he / she has given the necessary confirmation electronically.
4.2- The each product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information on the website, depending on the distance of the BUYER's settlement provided that it does not exceed the legal 3-day period.
4.3- If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible if the relevant person / organization does not accept the delivery.
4.4- The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5- The signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER to enable the delivery of the product subject to the contract,. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.6- After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unjust or unlawful use of the BUYER's credit card by unauthorized persons in a way that is not caused by the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the BUYER is responsible for the transportation costs.
4.7- If the SELLER cannot deliver the product subject to the contract within the specified time period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery until the disabling conditions are remedied. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to him in cash as a lump sum within 10 days.
4.8- Defective products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT TO WITHDRAW
The BUYER has the right to withdraw within 14 days from the delivery of the product subject to the contract to him or the person / organization at the address indicated in the order. In order to exercise the right to withdraw, the SELLER must be notified by telephone within this period and the product must not be used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report that the product delivered to the 3rd person or the BUYER was sent to the SELLER. The product price is returned to the BUYER within 10 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right to withdraw is covered by the BUYER.
SHIPPING COSTS FOR EXCHANGE AND RETURNED PRODUCTS ARE COVERED BY THE BUYER
ARTICLE 6- PRODUCTS THAT DO NOT QUALIFY FOR THE RIGHT OF WITHDRAWAL
The right of withdrawal cannot be used for products that cannot be returned due to their nature, disposable products, copyable software and programs, products that deteriorate quickly or have expired their use by date. The use of the right of withdrawal for the following products is subject to the condition that the packaging of the product is unopened, intact and the product has not been used.
-Laptops (No returns are accepted after the original operating system is installed)
-All kinds of software and programs
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All cosmetic products
-airtime minutes orders
ARTICLE 7- COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the settlement area of the BUYER or SELLER are authorized up to the value announced by the Ministry of Industry and Trade.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
PROTECTION OF PERSONAL DATA, RULES ON COMMERCIAL ELECTRONIC COMMUNICATION:
The name, surname, e-mail address, T.R. Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698 can be recorded indefinitely/permanently by the SELLER's affiliates and third persons and/or organizations, in written/magnetic archives to take orders, provide products and services, improve products and services, solve systemic problems, perform payment transactions, to be used in marketing activities -if prior approval is given-about orders, products and services, update the information of the BUYER and manage and maintain memberships and perform the distance sales contract and other contracts established between the BUYER and the SELLER and perform the technical, logistic and other similar contracts of 3rd parties on behalf of the SELLER.
b) The BUYER has accepted that commercial electronic communications may be made to the BUYERS by bircancil.com for publicity, advertising, communication, promotion, sales and marketing purposes, credit card and membership information, transactions, applications for all kinds of products and services in accordance with the legislation in force, SMS / short message, instant notification, automatic call, computer, telephone, e-mail, fax, other electronic communication tools.
c) The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken by the Seller in its system infrastructure to the extent of current technical resources according to the nature of the information and transaction. However, since the said information is entered from the devices of the BUYER, it is the responsibility of the BUYER to take the necessary protective measures, including those related to viruses and similar harmful applications and ensure that such information is not accessed by irrevelant persons.
d) The BUYER can request the SELLER to stop data use-processing and/or communications at any time by contacting the SELLER through the specified communication channels. According to the explicit notification of the BUYER in this regard, personal data processing and/or communications to the party shall be stopped within the legal maximum period; in addition, if the BUYER wishes, his/her information, except for those that must be legally preserved and/or are allowed, shall be deleted from the data recording system or anonymized in a way that his/her identity cannot be determined. If the BUYER wishes, he/she can always apply to the SELLER and get information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correct incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her generated with the analysis of automatic systems, and compensation in case of damage due to unlawful processing of data. Such applications will be examined and the BUYER will be informed within the legal period within the periods stipulated in the legislation.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
SELLER
Title : GAUS GAUS TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Chamber of Commerce registration no: 334493
Mersis No :0411097741300001
E-mail:[email protected]
BUYER