This Agreement is intended to define and govern the respective rights and obligations of the Parties applicable to the orders placed by the Buyer (Consumer) in the Seller’s electronic commerce website at https://www.iznikmavicini.com/ (“WEBSITE”) for such goods/services it wishes to buy (“Product(s)”) and their sales and delivery to the Buyer as well as other matters in relation to that shopping, including those transactions executed by the Buyer by means of the mobile device application. After the Buyer approves this Website online, the cost of Product(s) ordered by him and associated costs shall be collected by means of the payment method selected by it.
Article 1 - PARTIES
SELLER : Mavi Çini Seramik ve Turizm İşletmeciliği San Tic. Ltd. Şti.
Address: Selçuk Mah. Yunus Emre Sok. No:12 İznik / Bursa Phone : +90 224 757 65 03
Fax : +90 224 757 65 58
E-Mail : email@example.com
Bank Account : TL
Branch Code : 0269
Account No: 48985513 – 5001
IBAN TL: TR690001000269489855135019
Bank Account : USD
Branch Code : 0269
Account No: 48985513 - 5019
IBAN USD: TR690001000269489855135019
BUYER (CONSUMER) : Name, Surname/Trade Name :
Article 2: CONTRACTUAL PRODUCT, PAYMENT AND DELIVERY
Payment (Collection) Details
Payment Terms-Instrument :
Withdrawn Amount :
Name, Surname/Trade Name :
Invoice Details :
Name, Surname/ Trade Name :
Article 3- PRE-INFORMATION TO THE BUYER
The buyer agrees and confirms that he has checked and examined and informed about all general-special disclosures on such relevant pages-sections at the Website before the execution of this Agreement is approved online by the Buyer and the Buyer views and examines all general-special disclosures on the relevant pages-sections at the Website.
- Seller’s trade name and contact details and current introductory data
- Methods-means acceptable in light of the purpose for the correction of mistyped data as well as sales procedure stages during the purchase of the Product(s) over the Website;
- Confidentiality, data usage-processing terms applicable by the Seller for Buyer details, and consents given by the Buyer to the Seller in this respect as well as electronic communication rules applicable to the Buyer, the Buyer’s statutory rights, Seller rights and procedures for the Parties to exercise their rights;
- Dispatch/shipment restrictions prescribed by the Seller for Products;
- Payment methods-instruments acceptable by the Seller for contractual products, the basic features-characteristics of Products, their total price (taxes included) (a total sum payable by the Buyer to the Seller, including applicable expenses);
- Details about the procedures for the delivery of Products to the Buyer as well as transportation-delivery-cargo expenses;
- Other payments/ collections and delivery details in respect of the Products, data about the performance of the Agreement, and the commitments-responsibilities of the Parties in this respect;
- Products and other goods-services for which the Buyer is not entitled to withdraw from the contract;
- Where the Buyer has the right to withdraw, conditions, procedures and term for it to exercise his such right; the fact that the Buyer shall be deprived of his right to withdraw unless this right is exercised on a timely basis;
- For Products subject to the right of withdrawal, the fact that the Buyer’s request for withdrawal may not be accepted in the event that these Products are damaged or somehow modified on account of the failure to use them in line with user instructions, ordinary course of operation or technical characteristics within the term of the right of withdrawal and that in any event, the Buyer shall be liable towards the Seller; the fact that the Seller may deduct/ set-off a sum acceptable to it from the refund to be made to the Buyer, depending on the nature of the deterioration or change where the Seller accepts the withdrawal;
- In circumstances where there is a right of withdrawal, methods to return the Products to the Seller and all related financial matters (including return methods, associated expenses, refund of the Product price, award points earned/used by the Buyer during the refund, free products during campaign sales, other free/discounted/rebated means provided, gift vouchers, etc. as well as additional collections from the Buyer where discounts and set-offs against the refund to the Buyer for gift vouchers, etc. are not sufficient);
- Where the Buyer is a legal person, he may not exercise “consumer rights”, including, in particular, the right of withdrawal for Products purchased for commercial or professional purposes (for instance, collective purchases shall be in any event deemed this kind of purchases);
- Depending on the nature, all other sales terms referred to in this Agreement, and as this Agreement is to be electronically mailed to the Buyer after its execution upon the online approval by the Buyer (at the Website), it may be stored by and is available to the access by the Buyer for any such duration, and the Seller may store it for three years;
- Confidentiality, personal data and electronic communication;
- In the case of a dispute, contract details that the Buyer may use to send his complaints to the Buyer, and the Buyer’s right to send statutory applications to the Provincial/Borough Arbitration Committees and Consumer Courts in line with the applicable provisions of the Law no. 6502;
Article 4- RIGHT OF WITHDRAWAL
The Buyer shall be entitled to withdraw from this Agreement within fourteen (14) days following the delivery of the Products to the Buyer.
However, there is no right of withdrawal in contracts for the following types of goods/services under the applicable law even if these goods/services are not used: Goods customized as per special requests or personal needs of the Buyer (including those ones customized uniquely to meet the person’s/personal needs by modifying or supplementing goods and special products imported/procured from domestic or international markets pursuant to the Buyer’s order). Where it is possible to use the right of withdrawal, the Buyer shall be responsible under the statutes for any modification or deterioration if he fails to use the good in line with its intended functions, technical specifications and user instructions during the withdrawal term. Accordingly, if there occurs a modification or deterioration in the Product’s user instructions, technical specifications and intended function during the term until the withdrawal date, the Buyer may be deprived of his right of withdrawal. In circumstances acceptable to the Seller, a discount equal to the cost of the modification/deterioration shall be made from the cost of the Product to be returned. In circumstances where there is a right of withdrawal, it will suffice for the Buyer to have delivered an express notice to the Seller within 14 days, stating that the Buyer is using his right of withdrawal (written notice to the specified contact details/ firstname.lastname@example.org). Where the said right is used on a timely basis, it is mandatory to dispatch the Product to the Seller’s address above at the Buyer’s sole expense and within the maximum statutory term. If a contracted cargo company is specified for product returns at the WEBSITE, the Buyer may dispatch the Product from a branch of the cargo company based in or outside the district where he is situated, in which case no dispatch fee shall be charged to the Buyer. In this return, the Product needs to be delivered in a full and undamaged form together with its box, packaging and standard accessories (if any). Moreover, pursuant to tax legislation, where the Buyer needs to issue a Return Invoice under the applicable law, such return column (specified below) on the invoice to be returned along with the Product shall be completed and signed. Returns of orders whose invoice is issued in the name of entities (legal persons) shall not be accepted unless a return invoice is issued. “The address to which the product is to be returned is the Seller’s address/ the address of the cargo company to which the Product is delivered for return”. Provided that requirements above are to be met by the Buyer, the cost of the Product as well as expenses for the delivery of it to the Buyer shall be returned to the Buyer in line with the payment method used by the Buyer when purchasing the Product within 14 days following the date on which the withdrawal notice is received by the Seller. The Buyer’s rights and obligations including his statutory rights-obligations following the term of withdrawal concerning the Products as well as contractual and statutory collection-set-off rights extending to the award points, free/discounted/rebated sales expected by the Seller from the Buyer shall also remain valid and applicable.
ARTICLE 5- RULES APPLICABLE TO SECURITY-CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATION AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS
Protection, confidentiality and processing, use and communication of data posted at the Website as well as other related matters shall be subject to confidentiality rules-policy and conditions and terms briefly discussed below (current terms and rules that are provided comprehensively in detail in the relevant sections of the Website).
5.1 Measures necessary for the security of the data and transactions uploaded by the Buyer to the Website have been taken by the Seller on the Seller’s system infrastructure to the extent allowed by the current technical means as well as depending on the nature of the transactions and the information. Notwithstanding the foregoing, as the said data have been uploaded from the Buyer’s device, the Buyer shall be responsible to take necessary measures, including those ones related to viruses and similar malicious applications, to ensure that said data shall be protected on the part of the Buyer and not accessible to unrelated parties.
5.2 In addition to and for the purposes of confirmation of permissions-approvals for personal data and commercial electronic communication given by the Buyer by other means, Buyer’s data that is obtained during his registration with the Website as a member and during his shopping may be saved by the Seller, Mavi Çini Seramik ve Turizm İşletmeciliği San Tic. Ltd. Şti, which it is a part of, its current and future affiliates, subsidiaries, partners, successors and/or third-party persons/entities that they shall designate with the intention to provide various products/services and for all electronic and other commercial-social communication for all kinds of provision of information, advertisement-promotion, communication, sales, marketing, store card, credit card and membership applications; these data may be stored in printed/magnetic archives, or where it is deemed necessary, they may be updated, shared, transferred, used or otherwise processed. These data may be disclosed to the relevant competent authorities and courts where necessary. The Buyer gives his consent and permission to the use, disclosure, processing of existing or new personal/non-personal data for the purposes above and in accordance with the personal data protection law as well as electronic commerce law for such commercial/ non-commercial electronic communication and other communication to be sent to it.
5.3 The Buyer may have access to the Seller by means of specified communication channels to cease, at all times, the use/processing of data and/or to opt-out of and reject electronic communication network by contacting the Seller duly and in line with applicable law. According to the express notice of the Buyer in this respect, personal data processing and/or communications sent to the Buyer shall be ceased within the statutory maximum term; moreover, if the Buyer wishes, his data other than those ones that should be kept legally and/or that may be kept shall be deleted from the data registration system or shall be anonymized to the extent that the Buyer shall be unidentifiable. If the Buyer wishes so, he may apply to, and get information from, the Seller through the above-mentioned communication channels at all times for operations involving the process of personal data, the persons to whom these data are transferred, correction of incomplete or misprocessed data, reporting corrected data to relevant third parties, erasure or destruction of data, objection to such consequences that may work against him by way of the analysis carried out by automatic systems, and the entitlement to indemnity in the case of damage attributable to the unlawful processing of data. Applications and requests in this respect shall be fulfilled within the maximum term permitted by the law or may be rejected by explaining the legal grounds for it to the Buyer.
5.4 The Seller shall own all intellectual-industrial property rights and ownership rights of all data and contents related to the Website as well as their editing, revision and partial/full use excluding those ones owned by third parties according to the Seller’s agreement.
5.5 The Seller reserves its right to apply any changes that it may deem necessary in connection with the above; these changes shall be valid and effective with effect from the time when they are effective.
Article 6- GENERAL PROVISIONS
6.1 Contractual Products shall be delivered to the Buyer or to a third party individual/entity designated at the Website subject to the terms and conditions below provided that the statutory 30-day term shall not be exceeded. The Seller shall send, and procure the delivery of, the shipments by way of the contracted cargo company. Unless this cargo company has a branch where the Buyer is located, the Buyer is required to pick up the Product from another near branch notified by the Seller. Products in stocks shall be delivered to the cargo company for handing them over to such individual and address designated by the Consumer at the time of the order, and this delivery shall take place within the statutory term with effect from the order date. Cargo companies shall deliver those dispatches picked up from the Seller to the Buyers within 3 (three) business days on average under normal conditions while this delivery time may vary depending on the distance.
6.2 In general and unless otherwise is stated, delivery costs (cargo fee, etc.) shall be borne by the Buyer. The Seller may refuse to pass all or any part of the said delivery expenses onto the Buyer depending on sales campaigns undertaken by it with terms and conditions posted on the Website. In circumstances where the right of withdrawal is used for all ordered products or for any part of them (and if any, where the Buyer has used them), if the Seller’s free cargo (delivery) campaign falls below the minimum shopping amount, the entire delivery-cargo fee that has not been collected under the campaign shall be set off against and collected from the sum to be refunded to the Buyer (this fee shall be refunded in circumstances where the Buyer pays the delivery-cargo fee). Likewise, in circumstances gets a discount or a free product (gift) in the same nature by way of shopping in the minimum amount of any Seller campaign or all other circumstances he is entitled/gains a gift voucher, etc., if, as a result of the exercise of the withdrawal right for all or any products, the cost is lower than the minimum cost in question or the condition to earn/use a gift voucher, etc. is eliminated in any manner, and therefore, in general terms, conditions to be eligible to the campaign/conditions of use have been violated/not observed by the Buyer, the entire discount/rebate in question (and accordingly, the cost of the gift) shall be entirely set off against the refund to the Buyer, and where that set-off falls short, the missing sum shall be collected from the payment instrument used by the Buyer during his shopping (including credit card, etc). Where the Buyer has earned a (virtual or physical) gift voucher, points, etc. thanks to the shopping, it shall be canceled, and if the (virtual or physical) gift voucher or the points have been used, the entire sum shall be once more set off against the sum to be refunded to the Buyer, and where it falls short of, it shall be collected as described above. These provisions shall be fully applicable in all other product returns other than the defective ones in addition to the cases where the right of withdrawal is used.
6.3. If the Buyer cannot be personally reached at his address during the delivery of the Products and the people who are at that address refuse to accept the delivery, the Seller shall be deemed to have performed its obligation in this respect. Unless there is a person at that address to accept the delivery, the Buyer shall be responsible to contact the cargo company and to track the shipment of the products. If the Product is to be delivered to a person/entity other than the Buyer, then the Seller may not be held liable unless the person/entity in question is reached at that address or accepts the delivery. In such circumstances, the Buyer shall bear all losses attributable to the late receipt by the Buyer of the Product as well as expenses that may arise from the stay of the Product at the cargo company premises and/or its return to the Seller.
6.4 The Buyer shall be responsible to control the Product at the time of its delivery and whenever he notices a problem therein attributable to the Product, it is responsible not to accept the Product and to note it down on an official report to be issued by the authorized officer of the cargo company. Otherwise, the Seller shall not assume any liability.
6.5 Unless otherwise is agreed by the Seller in writing, the Buyer shall be required to pay the entire cost before the receipt of the Product. If, in the case of outright sales, the Product cost is not paid to the Seller in its entirety, or in the case of installment sales, the overdue installment sum is not paid, the Seller may unilaterally terminate the contract and refuse to deliver the Product. If, following the Product delivery, the Bank/finance institution which has issued the credit card used in payment refuses to pay the Product cost to the Seller or reclaims the payment made by it, the Product shall be returned by the Buyer to the Seller at the latest within 3 days. Where the failure to pay the product price is attributable to a fault or negligence on the part of the Buyer, cargo costs shall be borne by the Buyer. In any event, the Seller reserves all its other contractual-statutory rights, including the right to claim and monitor the Product cost without accepting the return. For the avoidance of any doubt, in circumstances where the Buyer pays the sales cost by means of credit cards, installment cards, etc of banks that he holds (finance institutions included), all advantages offered by the cards are credit and/or installment payment facilities directly provided by the issuer company. In this respect, a Product sale which is executed in this respect and the cost of which is collected by the Seller in part or gradually shall not be an installment sale or a sale on credit for the parties of the Agreement but rather an outright sale. The Seller’s statutory rights in circumstances that are deemed installment sales as per the law (including the right to terminate the Agreement and/or to claim the accelerated payment of the entire outstanding sum plus the default interest rate thereon) shall remain reserved and applicable subject to the applicable legislation. In the case of a default by the Buyer, default interest at the rate as prescribed in the applicable law shall be charged.
6.6 If the Product may not be delivered within legally maximum 30-day term on account of unusual situations beyond regular sales/delivery conditions (adverse weather conditions, traffic jam, earthquake, fire and flood, etc.) within the legally maximum 30-day term, the Seller shall inform the Buyer regarding the delivery, in which case the Buyer may cancel the order, or may order a similar product or may wait for the end of the unusual circumstances.
6.7. If it becomes clear that the Seller shall not be able to supply the contractual product, the Seller may supply another good/service with equal quality/at equal price, provided that the Seller shall be required to expressly inform the Buyer and to obtain the Buyer’s written/verbal approval by means of a legally acceptable method within three (3) days from the date on which it becomes aware of that situation, and this way the Seller shall be deemed to have performed its contractual obligation. The Buyer shall be free at all times to give the said approval and unless approval is given, contractual-statutory provisions for the cancellation of the order (termination of the Agreement) shall be applicable.
6.8 In the case of order cancellations and termination of the Agreement, including withdrawals in line with the Agreement-law, if the Product cost has been already collected, it shall be refunded to the buyer at the latest within 14 days. The requirements of the rule below are reserved. The return shall be duly made to the payment instrument used by the Buyer to make payment to the Seller for the product cost. For instance, in credit card payments, the refund shall be made to the Buyer’s credit card, and the Product sum shall be refunded to the relevant Bank within the same term after the cancellation by the Buyer of the order. As, after the refund by the Seller of this sum to the Bank, the crediting of this sum the Buyer’s account shall be fully subject to the bank’s transactional process, the Buyer agrees in advance that the Seller shall have no intervention with and assume responsibility for that crediting (it may nearly take three weeks for a bank to credit the refund to the Buyer account). The Seller has, and reserves, the right, to set off, apply discounts or deductions against the refund sum as applicable under the laws and this Agreement. The Buyer has, and reserves, its legal rights in connection with termination by the Buyer due to the Seller’s failure to perform its obligation.
6.9. The Buyer may report his requests and complaints about the Product and the sales to the Seller verbally or in writing by contacting the Seller by means of communication channels set out in the preamble hereof.
6.10. Certain provisions in Article 3 above may not be prescribed herein due to their nature; however, they are included in the Preliminary Information viewed/ approved by the Buyer at the Website, and accordingly, the sales stages or general-information pages/ sections as the case may be) of the Website.
6.11 As such information and this Agreement are to be sent to the e-mail address designated by the Buyer following the acceptance, the Buyer may save the said e-mail and this Agreement in his device, and may access to and review them at all times. On the other hand, these shall be stored with the Seller systems for an office term of three years.
6.12 The Seller records shall constitute evidence for the settlement of all kinds of disputes that may arise from this Agreement and/or its performance (including computer-audio records and magnetic records); the rights of the Parties arising from mandatory legal regulations in this respect are applicable and reserved.
ARTICLE 7- BUYER’S LEGAL REMEDIES-JURISDICTION
All disputes that may arise from this Agreement shall be subject to the jurisdiction of the Provincial and District Consumer Arbitration Panels for sums up to of such monetary limits declared-determined by the Ministry of Commerce pursuant to the law every year, and in cases exceeding such limits, to the jurisdiction of the Consumer Courts. The Buyer may apply to such Arbitration Panels and Consumer Courts in the venue (place of residence) of the Seller. The Buyer agrees and undertakes that he has read all conditions and terms set out in the order-agreement pre-information sheets (at the Website), which form an integral part hereof; that he is duly informed in advance about the basic features and characteristics of the Product(s) sold, sales prices, payment terms, delivery terms and conditions as well as all other preliminary information -information about the Seller and the sold Products and the right of withdrawal and the personal data- electronic communication and award points as well as all matters set out in Article 3 hereof in connection with the Products; that he has viewed them online in their entirety at the Website; that he has accepted the provisions hereof by placing an order hereunder by giving his confirmation, approval and acceptance online. Both the said preliminary information and this Agreement are to be sent to the electronic mail of the Buyer above which is notified to the Seller, and the said e-mail also contains the confirmation of order receipt together with the order summary. If the order is performed, the Buyer shall be deemed to have accepted all conditions hereof.