Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement is on the Protection of the Consumer No. 6502 regarding the sale and delivery of the product, the qualifications and sale price of which are specified below, which the BUYER has placed an order electronically through the SELLER's website pankubizu.com (hereinafter referred to as the "website" for short). It regulates the rights and obligations of the parties in accordance with the provisions of the Law on Distance Contracts and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Şükran Abaş
Address: Kalkan Mah. Ataturk Cad. No:13 Kas / Antalya
Phone: +90 533 276 86 68
Email: info@pankubizu.com
5. BUYER INFORMATION:
Delivery Person
Delivery address:
Telephone:
Email / Username:
6. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
6.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
6.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
History:
Product Information:
Shipping Amount:
Total :
Payment Method and Plan:
Delivery Date:
Delivery Person:
Delivery address:
Delivery method:
6.4. The shipping fee, which is the shipping cost of the product, will be paid by the SELLER.
7. INVOICE INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
Email/Username:
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
8. - RULES ON SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS
Confidentiality rules-policy and conditions, the current principles of which are stated below, apply for the protection, confidentiality, processing-use of information, communications and other issues on the INTERNET SITE.
8.1. The 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 today's technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
8.2. In addition to the consent-approvals regarding the personal data and commercial electronic communications given by the BUYER in any other way, and confirming; The BUYER's membership in the WEBSITE and the information obtained during his shopping are provided to the SELLER, the provision of various products / services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and other electronic and other applications to be made for the purpose of membership applications. For commercial-social communications, it can be recorded indefinitely or for a period to be determined by the specified ones and their successors, printed / magneticIt can be stored in archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other ways. These data can also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and gives permission for the use, sharing, processing of existing and new information, personal and non-personal, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make commercial and non-commercial electronic communications and other communications.
8.3. The BUYER can always stop the communication by reaching the SELLER through the specified communication channels and/or by legally reaching through the same channels or by using the right of refusal in the electronic communications sent to him. 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, except those that are legally required and/or possible, are deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to which 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 damage in case of damage due to the processing of the SELLER. 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.
8.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full 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.
8.5. The SELLER reserves the right to make any changes it deems necessary on the above issues; These changes will become effective as soon as they are announced by the SELLER on the WEBSITE or by other appropriate methods.
8.6. On other sites accessed from the INTERNET SITE, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any conflicts or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. BUYER's; Confirming the Preliminary Information in electronic environment, accepts, declares and undertakes that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section on the website, depending on the distance from the BUYER's place of residence. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required by the job, and to perform the work in accordance with the standards, in accordance with the standards, in accordance with the legal regulations, free from all kinds of defects. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it is obliged to notify the BUYER of this situation. It accepts, declares and undertakes that it will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and in case the contract product price is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will end.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by the unauthorized persons, the price of the product subject to the contract is paid.it will keep bees from them. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract relates to the sale of goods, he may use the right of withdrawal granted to him in accordance with the relevant legislation, provided that the SELLER is notified verbally or in writing, within 14 (fourteen) days from the date of delivery of the product to him or the person/organization at the address indicated. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. The product/products are not from products for which the right of withdrawal specified in the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 cannot be exercised, or that the product has not suffered any damage that would prevent it from being offered for resale, and it has not been used in this way. is essential.
10.3. If this right is exercised;
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
c) 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 at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
d) The SELLER is obliged to take delivery of the product/products as they were first sold, together with the original invoice, provided that all shipping costs are covered by the SELLER. The BUYER has the right to withdraw before the delivery of the product/products.
e) The SELLER will receive the product/products to be returned by the BUYER due to the exercise of the right of withdrawal, through the transport company with which the SELLER has contracted and at a time (date) to be determined in advance with the SELLER. It is necessary to contact the SELLER in order to learn the Cargo Company with which the SELLER has contracted as of the date of approval of this Agreement. In case the BUYER sends the product(s) to be returned via the transport company of his choice, with which the SELLER is not contracted, the shipping cost shall be borne by the BUYER.
f) The BUYER accepts, declares and undertakes that the refund will not be made in cash if he requests a refund for the payments made by credit card.
g) In case the right of withdrawal is exercised, the price of the product/products shall be returned to the BUYER within 14 (fourteen) days from the date on which the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment instrument used by the BUYER.
h) The refund made to the credit card is made within the framework of the banks' current refund procedures. In this context, in cases where payment in installments is in question, the refund is made within the framework of the current procedures of the banks. In the event that the SELLER cannot return due to the fact that the BUYER's credit card has been canceled/changed and/or inoperable for any reason, the BUYER is obliged to receive the money by applying to the SELLER in writing, together with the documents received from the relevant bank. In such a case, the BUYER cannot claim any delay loss, interest or similar claims from the SELLER under any name whatsoever.
i) The BUYER is obliged to deliver the goods to the SELLER within 10 (ten) days from the date on which he/she made the notification regarding the use of his/her right of withdrawal.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are delivered to the BUYER. Products that are not suitable for return in terms of health and hygiene if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Instant performance in electronic environment services provided or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, yIf the packaging of software programs, data recording and data storage devices, computer consumables has been opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
In order to return cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.), their packages are unopened, untested, intact. and they must be unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will 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 from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the Law, shall be made to the arbitral tribunal or the consumer court.
14. EFFECTIVENESS
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.