DISTANCE SALES AGREEMENT (Eskiz Dekorasyon Mimarlık Tic. Ltd. Şti.)
1. PARTIES
İşbu Distance Sales Contract ("Contract"); has been established electronically between the address specified in Article 7 ("BUYER") and the address specified in Article 6 ("SELLER") within the framework of the following terms and conditions.
2. DEFINITIONS
In the implementation and interpretation of İşbu contract, the terms written below will refer to the written explanations.
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
Minister: Minister of Trade,
Ministry: Ministry of Trade,
Service: The subject of any consumer transaction other than providing goods that are undertaken or undertaken in return for a fee or benefit,
Law: Law on Consumer Protection,
SELLER: The real and / or legal person who offers goods to the consumer for commercial or professional purposes, including public legal entities, or acts on behalf or account of the person offering goods and whose information is in Article 6 of the Contract,
Orderer: A good or service Eskiz Dekorasyon Mimarlık Tic. Ltd. A natural or legal person requesting through the website www.postprintz.com or mobile application belonging to Şti.
Contract: This Contract concluded between the SELLER and the BUYER,
Parties: SELLER and BUYER,
Product or Products: Refers to the movable goods subject to shopping.
Regulation: Distance Sales Regulation,
3. SUBJECT AND SCOPE OF THE CONTRACT
This Contract has been arranged in accordance with the Consumer Protection Law No.6502 and the Regulation on Distance Contracts. The parties acknowledge and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No.6502 and the Regulation on Distance Contracts under this Contract. The subject of this Agreement is the real person BUYER, Eskiz Dekorasyon Mimarlık Tic. Ltd. Law No. 6502 on the Protection of the Consumer and its Distance Regarding the sale and delivery of the Goods / Service with the qualifications specified in the Contract, for which the SELLER has placed an electronic order for the purchase of the Goods / Services of the SELLER on the website of Sti. It constitutes the determination of the rights and obligations of the Parties in accordance with the provisions of the Contract Regulation.
4. THE ISSUES THAT THE BUYER HAS BEEN INFORMED PREVIOUSLY
4.1. The BUYER acknowledges that he has examined, read, understood and informed all general-specific explanations on the relevant pages-parts of the site before this Agreement was established by the BUYER with the acceptance of the website from the website and the obligation to pay for the order.
a) SELLER's title and contact information and up-to-date introductory information,
b) The stages of the sales process during the purchase of the Products from the Site and the appropriate tools and methods for correcting the incorrectly entered information,
c) Electronic contact information from the Vocational Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and ITO's code of conduct regarding the profession (Phone: 444 0 486, www.ito.org.tr)
d) Confidentiality applicable to the BUYER information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the use of the rights of the Parties. procedures,
e) Shipping restrictions stipulated by the SELLER for the products,
f) For the Products subject to the contract, the payment methods-means accepted by the SELLER and the basic features-attributes of the Products, the total price including taxes (the total price that the BUYER will pay to the SELLER including the related expenses),
g) Information about the procedures for the delivery of the products to the BUYER and the shipping-delivery-shipping costs,
h) Other payment / collection and delivery information regarding the products and information regarding the execution of the Contract, and the responsibilities of the Parties in these matters,
i) Products and other goods-services for which the BUYER does not have the right of withdrawal, j) In cases where the BUYER has the right to withdraw, the BUYER will lose the right of withdrawal in case the BUYER does not use this right in time, with the conditions, duration and procedure,
k) In the Products with the right of withdrawal, if the product is damaged or changed due to the use in accordance with the instructions for use, ordinary functioning or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the SELLER will be liable to the SELLER in any case. In cases where it accepts, it may offset an amount it deems appropriate according to the said defect or change from the refund it will make to the BUYER,
l) How to return the Products to the SELLER in cases where there is a right of withdrawal and all related financial issues (including the return ways, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned / used by the BUYER during the return),
m) Details of the conditions (special conditions) of the BUYER regarding the various opportunities that may be applied from time to time on the website,
n) It can be stored and accessed here for the period requested by the BUYER, as İşbu Contract has been approved by the BUYER on the Site and sent to the BUYER by e-mail after it has been established by the BUYER with all other terms of sale included in this Contract,
o) In case of dispute, the BUYER may submit its complaints to the SELLER and make legal applications to District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. SELLER INFORMATION
Title: Eskiz Dekorasyon Mimarlık Tic. Ltd. Şti.)
Address: Teşvikiye Mh. Ahmet Fetgeri Sk. Demir Apt. No: 34 / A Şişli-İST
Mersis:
Telephone :
Fax:
Seller Email:
6. BUYER INFORMATION
Person to be Delivered:
Delivery address :
Telephone :
Fax:
Email / Username:
7. INVOICE INFORMATION
Invoice Delivery: The invoice will be delivered to the delivery address together with the order during order delivery.
8. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
8.1. Basic characteristics (type, quantity, brand / model, color, number) of the good / product / product / service Eskiz Dekorasyon Mimarlık Tic. Ltd. Şti. Is located on the Site. You can examine the basic features of the product during the campaign.
8.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
8.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Description Quantity Cash Price Sub Total (VAT Included)
Cargo Amount -
Total……. TL
Delivery address :
Person to be Delivered:
Billing address :
Order date :
Delivery method :
The Buyer's Rights of Return within the Scope of the Relevant Legislation are reserved.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic features, sales price and payment method and delivery of the Contractual Product on the Site and gives the necessary confirmation electronically. The BUYER may convey their requests and complaints as a consumer to the above-mentioned SELLER contact information and / or through the channels provided by the Site. BUYER's; After confirming the Preliminary Information Form electronically, prior to the establishment of the Distance Sales Contract, the SELLER accepts the address to be given to the BUYER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information correctly and completely. , declares and undertakes.
9.2. Each product subject to the contract shall be sent to the person and / or organization at the address indicated by the BUYER or BUYER, depending on the distance of the BUYER's place of residence, within the period specified in the preliminary information section on the website, provided that the legal period of 30 days is not exceeded, through the courier company with which the SELLER is integrated. delivered. If the SELLER fails to fulfill its action within this period, the BUYER may terminate the Contract. The delivery date stated on the website as "estimated delivery date" has been stated as an estimate and this expression does not contain any commitment. These products will be delivered to the BUYER within 30 days at the latest as specified in the legislation. If the BUYER or the person to be delivered is not at the address at the time of delivery, the SELLER is not responsible for the damages and expenses caused by the BUYER's late delivery of the product and / or not receiving it at all.
9.3. The SELLER shall deliver the product subject to the contract in full, in accordance with the specifications specified in the order, and with the information and documents required by the work, if any, with the warranty documents, user manuals, and without any defects, in accordance with the requirements of the legal legislation, within the principles of integrity and honesty. it accepts, declares and undertakes to perform, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
9.5. The BUYER accepts that he will confirm this Contract electronically for the delivery of the Contractual Product, and if the contractual product price is not paid for any reason and / or is canceled in the bank or financial institution records, the SELLER's obligation to deliver the contractual product will end, declares and undertakes. The BUYER acknowledges, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and / or financial institution for which the failed code was sent by the bank and / or financial institution for any reason.
9.6. BUYER, if the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the credit card belonging to the BUYER after the delivery of the Product subject to the Contract to the person and / or institution at the address indicated by the BUYER It accepts, declares and undertakes that it will return the subject product to the SELLER within 3 days, shipping costs to be borne by the BUYER.
9.7. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the courier company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods / services should not be used. The invoice must be returned.
9.8. If there is no contrary provision, the delivery costs of the goods belong to the BUYER. If the SELLER declares that the delivery fee will be covered by him on the Site, the delivery costs will be borne by the SELLER. The delivery of the goods is made if the stock of the SELLER is available and within the promised time after the payment is made.
9.9. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER must notify the BUYER in writing or with the PURCHASER data storage within 3 (three) days from the date of learning about this situation, and all payments collected, including delivery costs, if any. It must be returned within fifteen days at the latest. If the product is out of stock, it is not accepted as impossible to fulfill the goods act. In the payments made by the BUYER by credit card, the average process of reflecting the amount returned to the credit card by the bank to the BUYER account by the bank may take 2 (two) to 3 (three) weeks, and the reflection of this amount on the accounts of the BUYER after the return to the bank is completely The BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
9.10. In the event that the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month's statement. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
9.11. In the event that goods that are not ordered are sent, no rights can be claimed against the BUYER. In these cases, the fact that the BUYER remains silent or has used the property cannot be interpreted as a declaration of acceptance for the establishment of the contract.
9.12. The number of products that the BUYER can order at the times announced on the Site may be restricted. If the BUYER orders products more than the number specified in the announcements made on the Site, the orders may be canceled and the product prices will be returned to the BUYER within the legal period. The BUYER accepts, declares and undertakes that he has created his order by accepting these issues, and that the SELLER has the right to cancel the order for orders exceeding the quantity limitation.
10. SPECIAL CONDITIONS
10.1. By organizing campaigns, your bank can apply more installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the initiative of your bank and if it is within the knowledge of the SELLER, information about the campaigns is provided on our pages. The order total will be divided by the number of installments starting from the date of your credit card statement and your bank will reflect on your credit card summary. The bank may not distribute the installment amounts evenly over the months, taking into account the fraction differences. The creation of your detailed payment plan is at the discretion of your bank.
11.RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGE AND INTELLECTUAL RIGHTS
11.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No.6698, T.C. ID number, demographic data, financial data, etc. informations;
* To receive orders, to provide products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to use in marketing activities about orders, products and services - in case of prior approval - to update the information of the BUYER and to manage and maintain memberships. In order to fulfill the distance sales contract and other contracts established between the BUYER and the SELLER and to provide the technical, logistics and other similar functions of the 3rd parties by the SELLER, the above-mentioned data can be recorded indefinitely by the SELLER and third parties and / or organizations, and stored in written / magnetic archives. It can be used, updated, shared, transferred and processed in other copies.
11.2. Necessary precautions for the security of the information and transactions entered by the BUYER on the Site have been taken within the scope of the current technical possibilities in the system infrastructure of the SELLER, according to the nature of the information and transaction. However, since the information in question is entered from the devices belonging to the BUYER, it is the responsibility of the BUYER to take necessary measures, including those related to viruses and similar harmful applications, in order to protect them by the BUYER and not to be accessed by unrelated persons.
11.3. The BUYER may reach the SELLER through the specified communication channels and request the cessation of data usage-processing and / or communications at any time. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or anonymised in an anonymous way. If the BUYER wishes, the transactions related to the processing of 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, objection to the occurrence of a result against him by automatic systems, the data is against the law. You can always apply to the SELLER and get information on issues such as compensation in case of damage due to processing. The said applications will be examined and the BUYER will be returned to the BUYER within the period stipulated in the legislation.
11.4. Regarding all kinds of information and content of the site and their arrangement, revision and partial / full use; Except for those belonging to other third parties according to the agreement of the SELLER; all intellectual and industrial rights and property rights belong to the SELLER.
12. RIGHT OF WITHDRAWAL
12.1. The BUYER can return the purchased goods / services within 15 (fifteen) days from the date of delivery, using the right of withdrawal, without undertaking any legal or criminal liability and without any justification.
12.2. The notification of the right of withdrawal and the notifications regarding the Agreement will be shown through the communication channels specified on the Site. The communication channels for the withdrawal notification can be accessed from the link https://www.postprintz.com/iletisim.html.
12.4. In order to use the right of withdrawal, it is required to make a notification in accordance with the provisions of the SELLER legislation and the option of using the right of withdrawal on the Site.
12.5. If the right of withdrawal is exercised:
a) The BUYER returns the goods to the SELLER by the contracted cargo company within 10 (ten) days after the right of withdrawal has been exercised.
b) The box of the goods to be returned within the scope of the right of withdrawal, its packaging, if any, standard accessories, if any, other products gifted with the goods must be returned in full and without damage.
12.6. The BUYER is not responsible for the changes and deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions during the withdrawal period.
12.7. Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods will be returned to the BUYER as paid. While the goods are returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the goods must also be returned by the BUYER.
12.8. As long as the BUYER sends the goods to be returned to the SELLER via the SELLER's contracted cargo company, the return shipping fee belongs to the SELLER. If the SELLER does not have a contracted cargo company branch in the place where the BUYER is located for the return, the BUYER can send it with any courier company, in which case the shipping fee belongs to the SELLER. The SELLER is not responsible for the return cargo price and the damage to be incurred during the shipping process of the goods if the SELLER, specified in the Preliminary Information Form to be returned by the BUYER, sends it with a cargo company other than the contracted cargo company.
12.9. In cases where the BUYER exercises the right of withdrawal or the product subject to the order cannot be supplied for various reasons or the arbitration committee decides to refund the price to the BUYER, if the shopping is made by credit card and in installments, the credit card refund procedure is as follows:
If the BUYER purchased the product in installments, the Bank pays the BUYER in installments. After the SELLER pays the entire price of the product to the bank at once, in the event that the installment expenses made from the Bank POS are returned to the BUYER's credit card, the requested refund amounts are transferred to the bearer accounts in installments, again in installments, in order to prevent the parties involved in the matter from falling into disadvantage. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card cut-off date do not coincide, 1 (one) refund will be reflected on the card every month and the installments paid by the BUYER before the return are completed, the number of installments paid before the return credits and existing debts will be deducted.
13. CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
13.1. The BUYER cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER
b) Contracts for goods prepared in line with the consumer's wishes or personal needs
c) Contracts for the delivery of perishable or expired goods
ç) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable for health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
e) Contracts regarding the books, digital content and computer consumables provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods
f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement.
g) Contracts for the use of leisure time for the purpose of accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be made on a specific date or period.
ğ) Contracts relating to services performed instantly in electronic environment and intangible goods delivered to the BUYER instantly.
h) Contracts regarding the services started with the approval of the BUYER before the right of withdrawal expires.
Services in areas such as travel, accommodation, restaurant, entertainment sector with foodstuffs, beverages or other daily consumption items delivered to the residence of the BUYER with regular deliveries of the SELLER, which are excluded from the application of the Distance Contracts Regulation of the Contractual Goods / Services. ) In case of being comprised of the types of goods / services, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
14. RESOLUTION OF DISPUTES
14.1. Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the Goods or the Service and where the residence is located are authorized in the implementation of this Distance Sales Agreement.
14.2. District / provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Law on the Protection of Consumers No 6502.
15. PRICE OF GOODS / SERVICES
The cash or deferred sales price of the product is included in the order form, but it is the price present in the information mail sent at the end of the order and the invoice sent to the customer with the product. Discounts, coupons, shipping costs and other applications made by the SELLER are reflected in the sales price.
16. DEFAULT STATE AND LEGAL RESULTS
16.1. In the event that the BUYER goes into default in transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies, request the costs and the attorney's fee from the BUYER, and in any case, if the BUYER goes into default due to the debt of the BUYER, the BUYER will be responsible for the damage and loss suffered by the SELLER due to the delayed performance of the BUYER's debt.
17. NOTIFICATIONS and EVIDENCE AGREEMENT
17.1. All kinds of correspondence between the Parties under this Contract will be made via e-mail, except for the obligatory cases listed in the legislation.
17.2. PURCHASER, in the disputes that may arise from this Agreement, the SELLER's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, final and exclusive evidence, as evidence in the sense of Article 193 of the Code of Civil Procedure of this article. accepts, declares and undertakes that it has the nature of an agreement.
18. ENFORCEMENT
18.1. This Agreement, which consists of 18 (eighteen) articles, has been read by the Parties and has been approved by the BUYER on the date of the transaction and entered into force. A copy of the contract is available in the BUYER's membership account and can also be sent by e-mail if requested