Online Selling Contract
This Agreement is signed between the following parties under the terms and conditions stated below.
A.BUYER ‘; (hereinafter referred to as “BUYER”)
B.’SELLER ‘; (hereinafter referred to as the “SELLER”)
NAME : Good Night Kid
ADDRESS: Vişnezade Mahallesi Süleyman Seba cad. No: 79 No: 1 Akaretler – Besiktas – Istanbul
By accepting this agreement, the BUYER accepts that if the contract subject confirms the order, it will be under the obligation to pay the additional price stated in the order subject, such as the shipping price and the tax, and that it is informed about it.
In the application and interpretation of the present contract, the following written terms shall express the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction, other than providing goods that are committed or made to be paid in return for a fee or benefit,
SELLER: The company acting in the name or account offering goods to the consumer or offering goods within the scope of its commercial or professional activities,
BUYER: A natural or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER web site,
ORDERER: The real or legal person requesting a good or service on the website of the SELLER,
PARTIES: SELLER AND BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
MAL: means the movable goods subject to shopping and the software prepared for use in the electronic environment, sound, image and other intangible goods.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and Regulation on Distance Contracts related to the sale and delivery of the specified product and the sale price specified below, in which the BUYER orders the order of the BUYER electronically on the website of the SELLER.
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 in the period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Good Night Kid
Address: Vişnezade Mahallesi Süleyman Seba Caddesi. No: 79 No: 1 Akaretler – Besiktas – Istanbul
Phone: 0532 451 44 02
5. BUYER INFORMATION
Email / username:
6. PERSON INFORMATION OF THE ORDER
Name – Surname / Title:
Email / username:
7. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
7.1. The basic features (type, quantity, brand / model, color, quantity) of the goods / products / products / services are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the product during the campaign. Valid until the campaign date.
7.2. 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 in the period are valid until the end of the specified period.
7.3. The selling price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Quantity Unit Price Sub Total
Payment Method and Plan:
7.4. The shipping cost will be paid by the BUYER.
8. INVOICE INFORMATION
Name / Title:
Email / username:
Invoice delivery: Invoice, to the invoice address during order delivery, together with the order
It will be delivered.
9. GENERAL PROVISIONS
9.1. The Purchaser accepts, declares and undertakes that he / she reads the preliminary information about the basic qualities, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER and gives the necessary confirmation in electronic environment. The receiver; In order to confirm the preliminary information in electronic environment, before the establishment of the distance sales contract, the address must be given by the SELLER, the basic properties of the products ordered, the price of the products including taxes, payment and delivery information is also accepted, and declares and undertakes .
9.2. Each product subject to the contract shall be delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information on the website, depending on the location of the BUYER, provided that it does 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, the product in question is complete, the product according to the qualifications specified in the order and the warranty documents, user manuals are required by the work of the information and documents to be delivered, free from all kinds of shocks in accordance with the requirements of the legal regulations in accordance with the principles of honesty and honesty in accordance with business performance to accept, to maintain the quality of service, to pay attention to the necessary care and attention during the performance of the work, to act with caution and foresight, declares and undertakes.
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. If the contractor fails to fulfill the obligations of the contract if the fulfillment of the product or the service subject to the order becomes impossible, it accepts, declares and undertakes that it 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 days.
9.6. The BUYER accepts, declares and undertakes that the SELLER shall terminate its obligation to deliver the product subject to the contract in case the Contractor shall confirm this Agreement electronically for the delivery of the product, if the reason of the contract is not paid and / or canceled in the bank records for any reason.
9.7. If the BUYER is not paid by the related bank or financial institution to the SELLER as a result of the unfair use of the credit card of the BUYER by the unauthorized person after the delivery of the product subject to the contract to the person and / or organization indicated by the BUYER or BUYER, the BUYER It accepts, declares and undertakes that it will return the shipping cost to the SELLER within 3 days.
9.8. The SELLER accepts, declares and undertakes to inform the BUYER of the situation if the contractor cannot deliver the product in due time due to force majeure conditions such as the occurrence of the cases which are not foreseen and which are not foreseen and prevent the fulfillment of the debts of the parties. The PURCHASER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with its precedent and / or to postpone the delivery period until the preventive situation disappears. In case of the cancellation of the order by the BUYER, in the case of payments made by the BUYER in cash, the amount of the product shall be paid in cash and paid again 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. PURCHASER, the amount returned to the credit card by the SELLER by the bank to the account of the average process to be reflected to the account of the BUYER, this amount is reflected in the account of the BUYER after the return of the bank account is completely related to the bank transaction process, the BUYER for possible delays, the SELLER accepts, declares and undertakes that it cannot hold responsible.
9.9. SELLER, mail, e-mail, SMS, phone call and other means of communication, marketing, notification and other means of address, e-mail address, fixed and mobile phone lines and other contact information specified by the PURCHASER in the registration form on the site or updated by itself; it has the right to access to the BUYER for other purposes. The BUYER accepts and agrees that the SELLER may make the above mentioned communication activities related to him / her.
9:10. The BUYER shall inspect the goods / services subject to the contract before receiving; bruised, broken, torn packaging etc. damaged and defective goods / services will not take delivery from the cargo company. The delivered goods / services 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 of withdrawal is used. Invoice must be returned.
9:11. If the credit card holder used during the order is not the same person or the product is delivered to the BUYER, if the security card used in the order is identified, the SELLER shall provide the identity and contact details of the credit card holder and the credit card used in the order of the previous month. or from the cardholder’s bank to submit a letter that the credit card belongs to him / her. The order will be frozen until the time of the purchase of the information / documents requested by the BUYER and if the claims are not received within 24 hours, the SELLER has the right to cancel the order.
9:12. The Purchaser declares and undertakes that the personal and other information given to the SELLER as a member of the SELLER shall be in compliance with the fact that the SELLER shall immediately reimburse and repay all damages caused by the nonconformity of the SELLER upon the first notification of the SELLER.
9:13. The BUYER accepts and undertakes 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 will be completely and exclusively connected to 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 may prevent or make others use the services.
9:15. The SELLER’s website may contain links to other websites and / or other content owned and / or operated by third parties under the SELLER’s own control. These links are provided to ease the orientation to 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 free from the legal and criminal consequences of such violations. Also; 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 OF CANCELLATION
10.1. RECEIVER; In case the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to the person / organization indicated by him, he may use the right of withdrawal from the contract by denying the goods without taking any civil and criminal responsibility and without giving any justification, provided that he informs the SELLER. In the case of distant contracts for service provision, this period shall commence on the date of signing the contract. Before the expiration of the right of withdrawal, the right of withdrawal may not be used in the service contracts that are executed with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that it has been informed about the right to withdraw by accepting this contract.
10.2. In order to use the right of withdrawal, written notice to the SELLER by registered mail, fax or e-mail must be made to the SELLER within 14 (fourteen) days period and the product must not be used in accordance with the provisions of the “Unacceptable Products” issued in this contract. If this right is used,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is institutionalized, it must be sent with the return invoice issued by the institution when the return is returned.
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 cost and the documents which undermine the BUYER to the BUYER within a period of 10 days from the receipt of the notification of revocation and to return the goods within 20 days.
e) If there is a decrease in the value of the commodity due to a reason caused by the BUYER’s defect or if the return is impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of defect. However, the PURCHASER shall not be liable for any changes or alterations caused by the proper use of the goods or products within the period of withdrawal right.
f) In case of lowering the campaign limit amount arranged by the SELLER due to the exercise of the right of withdrawal, the amount of discount used within the scope of the campaign shall be canceled.
11. PRODUCTS THAT WILL NOT BE USED RIGHT OF CANCELLATION
a) Custom designed and manufactured products which are prepared in accordance with the request of the BUYER or clearly according to the individual requirements and are not suitable for return.
b) Products returned by the PURCHASER upon receipt by the PURCHASER in case of unpacking are unsuitable for health and hygiene.
c) Products which are mixed with other products after delivery and cannot be separated by their nature.
d) Goods for periodicals, such as newspapers and magazines, except those provided under the subscription agreement.
e) The services rendered instantly in electronic environment or the goods delivered immediately to the consumer, audio or video recordings, books, digital content, software programs, data storage and storage devices, computer supplies, if the packaging was opened by the PURCHASER It is not possible.
f) In addition, the right of withdrawal regarding the services that are started to be executed with the approval of the consumer before the expiration of the right of withdrawal is also not possible under the Regulation.
g) After the product has been delivered to the buyer by cargo, it is not possible to return the damaged and damaged products.
h) The products delivered as disassembled are not recyclable after they have been installed.
ı) In order for our products to be returned, their packaging must be unopened, untested, intact and unused.
12. DEFAULT STATE AND LEGAL RESULTS
In case the BUYER defaults in the case of payment by credit card, the cardholder agrees, declares and undertakes that he / she will pay the interest within the framework of the credit card agreement with the bank and be responsible to the bank. In this case, the Bank may apply for legal remedies; If the BUYER is in default due to the debt of the BUYER, BUYER accepts, declares and undertakes that the seller will pay the loss and loss due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising out of the present contract shall be made to the arbitral tribunal or to the consumer court, where the consumer’s place of settlement or the consumer transaction within the monetary limits specified in the following law. Information on the monetary limit is as follows:
For applications to be submitted to consumer arbitration committees in 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status,
c) provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Liras in the centers of non-metropolitan cities,
d) Provincial consumer arbitration committees have been assigned in the disputes between 2,400 (two thousand four hundred) Turkish Liras and 3.610 (three thousand six hundred ten) Turkish Liras in the districts which are not metropolitan.
This Agreement is for commercial purposes.
When the PURCHASER 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 is obliged to make the necessary software arrangements in order to obtain confirmation that the contract has been read and accepted by the BUYER on the site prior to the realization of the order.
SELLER: Good Night Kid