This Contract has been signed between the following Parties, within the framework of the terms and conditions specified below.
"BUYER"; (hereinafter referred to in the Contract as the "BUYER")
"SELLER"; (hereinafter referred to in the Contract as the "SELLER")
AD- SOYAD:TANUS ÇADIR YAPI SAN.TİC.LTD.ŞTİ.
By accepting this Contract, the BUYER hereby accepts in advance that, upon her/his confirmation the order which is the subject matter of the Contract, s/he shall be under the obligation to pay the price which is the subject matter of the order, and additional costs, if any, such as courier fees and taxes and that s/he has been informed in this respect.
In the implementation and interpretation of this Contract, the following written terms shall have the followings meanings assigned next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on the Protection of the Consumer numbered 6502,
REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188)
SERVICE: The subject of all kinds of consumer service, other than providing goods, that are made or undertaken to be made in return for a fee or benefit,
SELLER: The company that provides goods to customers or acts in the name or account of the provider of goods within the scope of its commercial or professional activities,
BUYER: A real person or legal entity who acquires, uses or receives benefit from a product or service for non-commercial or non-professional purposes,
SITE: The website belongs to the SELLER,
ORDERER: Real person or legal person who demands a product or service from the website of the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This Contract, which is signed between the SELLER and the BUYER,
GOODS/PRODUCT: Defines all movable goods subject to the purchase and intangible assets for electronic use such as software, sounds, images and such.
This contract regulates, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distant Contracts, rights and obligations of the parties with respect to the sale and delivery of the product whose features and sale price are specified below and is ordered by the BUYER in electric medium via (deristore.com.tr) web site belonging the SELLER.
The prices listed and announced on the site are the sales prices. The advertised prices and promises are valid until they are updated and modified. The prices announced on a periodical basis are valid until the end of the specified period.
4. INFORMATION OF THE SELLER
Ünvanı : TANUS ÇADIR YAPI SAN.TİC.LTD.ŞTİ.
Trade Name: TANUS ÇADIR YAPI SAN.TİC.LTD.ŞTİ. Address: Kurtuluş mh.
Şenyurt Cd. 34/B Şahinbey/GAZIANTEP
5. INFORMATION OF THE BUYER
Person To Be Delivered:
6. ORDERER CONTACT INFORMATION
Name/ Surname / Title
7. CONTRACT PRODUCT/PRODUCT INFORMATION
1. The basic characteristics (type, quantity, brand / model, color, quantity) of the goods / products / services are published on the website of the SELLER. If a campaign is organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date.
The prices listed and announced on the site are the sale price. The advertised prices and promises are valid until they are updated and changed. The prices announced on a periodical basis are valid until the end of the specified period.
7.3. The selling price of the goods or services subject matter of the contract is indicated below and this price includes taxes.
Payment Method and Terms:
7.4. The courier fee, which is the shipping costs of the product, shall be paid by the BUYER.
8. BILLING INFORMATION
Name/ Surname / Title
Invoice delivery: The invoice shall be delivered during the delivery of the order
along with the order, to the invoice address.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information regarding the basic qualities, sales price and payment method, and the delivery of the product subject to the contract on the website of the SELLER and has given the necessary confirmation in electronic medium. BUYER's confirmation of the reception of the preliminary information in electronic medium before the establishment of the distant sale contract means that she/he acknowledges, declares and undertakes that she/he has obtained accurately and completely the address to be given by the SELLER to the BUYER, basic features of the subject products of the order, prices of the products including tax, and payment and delivery methods.
9.2. Each product subject to the contract shall be delivered directly to the BUYER or to the person and/ or organization at the address indicated by the BUYER within the period specified in the preliminary information on the website. This period is dependent on the location of the BUYER and it shall not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. SELLER acknowledges, declares and undertakes that she / he shall deliver the product subject to the Contract in accordance with the specifications stated in the order with guarantee documents, manuals and other information and documents necessary for the business, shall perform in line with legal legislation requirements as solid and free from all kinds of defects in accordance with the standards under the principles of integrity and honesty, shall maintain and increase service quality, shall pay necessary attention and care and shall act with caution and vision.
9.4. The SELLER may supply a different product with equal quality and price by informing the BUYER and expressly obtaining its approval before the contractual performance obligation expires.
9.5. SELLER accept, declare and undertakes that in the event she/he fails to fulfill the obligations of the contract if the performance of product or service subject to the order becomes impossible, she/he shall inform the consumer in writing within 3 days from the date of learning, and shall return the total price to the BUYER within 14 day.
9. 6. The BUYER accepts, declares and undertakes that she/he shall confirm the Contract for the delivery of the Subject Product in electronic medium and that in the case price of the contract is not paid and/or is canceled in the bank records for any reason, SELLER's obligation to deliver the product subject to agreement is terminated.
6.4. The BUYER accepts, declares and undertakes that in the case of the cost of the subject product not being paid to the SELLER by the related bank or financial instution after the delivery of the subject product is made to the BUYER or the individual and/or institution at the address declared by the BUYER due to the credit card belonging to the BUYER being unlawfully used by unauthorized individuals, the BUYER shall return the subject product in three days through shipping to the SELLER, with related shipping fee being the responsibility of the SELLER.
9.8. The SELLER accepts, declares and undertakes to inform the BUYER of the situation if the she/ he cannot deliver the product due to force majeure situations which happen beyond the will of parties and are not foreseen in advance and are preventive and/or deleterious in nature for parties to perform their obligations. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with an equivalent and/ or to postpone the delivery period until the preventive situation disappears. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the amount of the product is paid to the her/him within 14 days. In the case of payments made by the BUYER with a credit card, the product amount shall be returned to the bank within 14 days after the cancellation of the order by the BUYER. BUYER accepts, declares and undertakes that average process on reflecting the amount being returned to the credit car to BUYER account may take 2 and 3 weeks, that BUYER cannot hold liable the SELLER for possible delays because the process and transaction of the amount being returned to the bank be reflected to BUYER's accounts is solely regarding to bank process.
9.9. SELLER has the right to contact with BUYER for communication, marketing, notification and other purposes with letter, e-mail, SMS, telephone talking and other means by using BUYER's address which was specified by her/him on registration form on the Site and was updated later, e-mail address, fixed and mobile phone lines and other communication means. The BUYER accepts and declares that the SELLER may make the above mentioned communication activities aimed at him / her.
9:10. The BUYER shall inspect the goods / services subject to the contract before receiving and shall not receive dented, broken, torn packaging etc. damaged and defective goods / services from the cargo company. The delivered goods / service shall be deemed to be undamaged and intact. Careful protection of the goods / services after the delivery belongs to the BUYER. Goods / services should not be used if the right to avoidance of the contract is used. Invoice must be returned.
9:11. In the event BUYER and the credit card holder used during the order is not the same person a security vulnerability is found regarding the credit card used in the order before the product is delivered to BUYER, SELLER may request identity and communication information of the credit card holder, bank statement of the credit card used in the order for previous month or bank letter regarding belonging of the credit card to the holder from BUYER. The order will be frozen until BUYER provide aforementioned information and if the said requests are not fulfilled within 24 hours, SELLER has the right to cancel the order.
9:12. The BUYER declares and undertakes that the personal and other information given to the SELLER when it becomes a member of the web site are true, and that she/he shall shall indemnify, immediately and in full, all damages to be incurred by the SELLER on the first notice of the SELLER.
9:13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the internet site of the SELLER. Otherwise, all legal and penal obligations shall be completely and exclusively on the BUYER.
9:14. The BUYER cannot use the web site of the SELLER in any way to disrupt public order, to violate the general morality, to disturb and harass the others, for an unlawful purpose, to infringe upon the material and moral rights of others. In addition, the member cannot engage in any activity (spam, virus, trojan horse, etc.) that would prevent others from using the services.
9:15. Links may be given to other web sites, which are not under the control of SELLER and / or possessed or /operated by other third parties, or other content on SELLER's web site. These links are provided to ease the direction for the BUYER and do not support any website or the person who operates the site and do not constitute any guarantee for the information contained in the Linked Website.
9:16. The member who violates one or more of the articles mentioned in this contract shall be personally and criminally and legally responsible for the violation thereof and shall keep the SELLER harmless from the legal and criminal consequences of such violations. In addition, In the event that the incident is referred to the legal area due to this violation, the SELLER reserves the right to claim damages for non-compliance with the membership agreement against the member.
10. RIGHT TO AVOIDANCE OF CONTRACT (RIGHT OF WITHDRAWAL)
10.1. The BUYER; in case the distance contract is related to the sale of goods, may use the right to avoidance of contract by refusing the goods without taking any civil and criminal liability and without giving any justification, provided that s/he informs the SELLER, within 14 (fourteen) days from the date of the delivery of the product to her/himself or to the person/organization at the address indicated by her/him. In the case of distant contracts is related to providing service, this period shall commence on the signature date of the contract. Before the expiration of the right to avoidance of contract , the right to avoidance of contract may not be used in the service contracts that are launched with the approval of the consumer.
The costs arising from the use of the right to avoidance of contract belong to the SELLER. The BUYER accepts in advance that s/he has been informed about the right of avoidance of the contract by accepting this contract.
10.2. In order to exercise the right of avoidance, it is mandatory that the notification in writing is given to the SELLER via the registered mail, fax or email within the period of 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products on which the Right of Withdrawal/the Right of Avoidance Shall Not Be Used" regulated under this contract. If such right is exercised,
a) The invoice of the product delivered to the third party or to the BUYER, (the invoice of the product to be returned) must be sent with the return invoice issued by the institution when it is returned. Order refunds whose invoice was issued in the name of the institutions shall not be completed unless the RETURN INVOICE is not billed.)
b) Return form,
c) Products to be returned must be delivered complete and undamaged with the box, package and standard accessories, if any.
d) The SELLER is obliged to return the total amount and the documents which burden the BUYER with debt to the BUYER within a period of 10 days at the latest from the receipt of the notification of avoidance of contract and to receive the goods within 20 days.
e) If there is a decrease in the value of the good or if the return become impossible due to a reason caused by the BUYER's defect, the BUYER is liable to compensate the damages of the SELLER at the rate of her/his defect. However, the BUYER shall not be liable for any changes or alterations caused by the proper use of the goods or products within the period of right to avoidance of contract
f) In case of lowering the campaign limit amount arranged by the SELLER due to the exercise of the right to avoidance of contract, the amount of discount used within the scope of the campaign shall be cancelled.
11. PRODUCTS ON WHICH THE RIGHT OF WITHDRAWAL/THE RIGHT OF AVOIDANCE SHALL NOT BE USED
The return of goods which have been prepared in line with the request of the BUYER or her/his explicit personal requirements and are not convenient to be returned, underwear lower parts, swimsuit and briefs, make-up materials, disposable products, the goods that are under the threat of perishability or the expiration, products which are not convenient to be returned with respect to health and hygiene in case its packing unwrapped by the BUYER after the delivery of the product to the BUYER, products that are mixed with other products after being delivered and are not able to be separated due to its nature, goods regarding periodicals such as newspaper and magazine except the ones provided under Subscription Agreement, services instantly executed in electronic media or intangible goods delivered immediately to the consumer, and audio or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, in case their packaging have been unwrapped by the BUYER, are not possible according to the Regulation. Additionally, the Right of Avoidance/Withdrawal is not possible to be exercised also as per the Regulation for services that were commenced to be performed with the approval of the consumer before the Right of Avoidance/Withdrawal period expires.
Cosmetic and personal care products, underwear products, swimsuit, bikini, book, duplicable software and programs, DVD, VCD, CD and tapes as well as stationery consumables (toner, cartridge, stripe etc.) may be returned if they are unpacked, untested, untainted and unused.
12. SITUATION OF DEFAULT AND ITS LEGAL CONSEQUENCES
In case the BUYER falls into default where s/he made her/his payment transactions by credit card, the cardholder accepts, declares and undertakes that s/he will pay the interest within the framework of the credit card agreement that s/he concluded with the bank and will be responsible to the bank. In this case, the Bank may apply for legal remedies; and may demand expenses to be incurred and attorney's fee from the BUYER and, and in any case, if the BUYER falls into default due to its debt, the BUYER accepts, declares and undertakes that the BUYER shall pay the damage and loss suffered by the SELLER due to the delayed performance of the debt
13. COMPETENT COURT
Complaints and objections in disputes arising out of the present contract shall be made to the arbitration committe for consumer problems or to the consumer court, where the consumer's place of settlement is in or the consumer transaction is made, within the monetary limits specified in the following law. The information regarding monetary limits are as follows:
To be effective as of the date of 28/05/2014:
a) In accordance with Article 68 of the Law on the Protection of the Consumer numbered 6502 The application shall be made to the district consumer arbitration committees for the disputes of which amount do not exceed 2,000.00 (two-thousand) TRY,
b) To the provincial consumer arbitration committees for the disputes of which amount do not exceed 3,000.00 (three-thousand) TRY,
c) To the provincial consumer arbitration committees for the disputes of which amount are around 2,000.00 (two thousand) TRY and 3,000.00 (three thousand) TRY in provinces having metropolitan status.
This Contract has been concluded for commercial purposes.
When the BUYER makes the payment for the order given on the Site, it shall be deemed to have accepted all the terms of this contract. The SELLER shall be entitled to prepare necessary written documentation which prove that this Contract has been read and accepted by the SELLER prior to the completion of the order.