|: SERHAT SAAT A.Ş.
|: 15 July Mah. Gulbahar Cad. Nuryıldız Plaza No:7 Floor:6 Güneşli Bağcılar/İSTANBUL
|: (0212) 434 07 67
(Hereinafter referred to as SELLER)
TR Identity Number, Tax Number, if any
(Hereinafter referred to as BUYER)
It was made within the framework of the following provisions.
SUBJECT OF CONTRACT
2.1. The SELLER, which is published at https://davidguner.com/ (hereinafter referred to as the "Website"), also carries out the sales and marketing of its products within its field of activity over the internet. The subject of this Agreement is the Consumer Protection Law No. 6502 of the parties who are consumers and SELLER regarding the sale and delivery of the following products ("Product/Products") ordered electronically by the BUYER from the SELLER's Website . and determining their rights and obligations in accordance with the provisions of the Regulation on Distance Contracts.
2.2. BUYER, SELLER's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has been informed by the SELLER in a clear, understandable manner and in accordance with the internet environment (e-commerce), confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the website https://davidguner.com/ , the membership agreement, the information text about personal data and the invoice issued upon the order placed by the BUYER are integral parts of this contract.
CONTRACT SUBJECT PRODUCT/PAYMENT/DELIVERY INFORMATION
The type, quantity, brand/model, color, quantity, sales price, payment method of the Good/Product/Service are as stated below.
|*Sales Price (without VAT)
3.1. The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as stated above.
3.2. The person to be invoiced and the person making the contract must be the same.
3.3. The information contained in this contract must be accurate and complete. BUYER agrees to fully cover any damages arising from situations where this information is inaccurate or incomplete, and BUYER also accepts any consequences and responsibilities that may arise from this situation. The SELLER reserves the right to stop the order until it is sure of the authenticity of the information provided by the BUYER and when deemed necessary.
3.4. If the SELLER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, it freezes the execution of the order until it reaches the BUYER and waits for the BUYER to contact it during this period. If no response is received from the BUYER within this period or if the BUYER does not reach the SELLER, the SELLER cancels the order to avoid damage to both parties.
CONTRACT DATE AND FORCE MAJEURE
4.1. The contract date is …………………, which is the date the order was placed by the BUYER. It is historical.
4.2. Situations that did not exist or were not foreseen at the time the contract was signed, that developed beyond the control of the parties and that made it impossible for the SELLER to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time, obstacles that may arise during customs, policies of countries during export, State of emergency will be considered as force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.).
4.3. SELLER may be subject to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, interruption of transportation, and/or technical reasons, etc. If it cannot deliver the product(s) subject to the distance sales contract within the due date for any reason, it is obliged to notify the BUYER of the situation within 3 (three) days. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product(s) subject to the distance sales contract with a comparable one, if any, and/or postpone the delivery time until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be paid to him within 14 (fourteen) days.
4.4. The party where force majeure occurs will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to unilaterally terminate this agreement.
SELLER'S RIGHTS AND OBLIGATIONS
5.1. The seller accepts and undertakes to fully fulfill the obligations imposed on him in this distance sales contract, except for force majeure.
5.2. Persons under the age of 18 (eighteen) cannot shop at https://davidguner.com/ . SELLER will assume that the age stated by the BUYER in the contract is correct. However, the SELLER cannot be held responsible in any way if the BUYER writes his age incorrectly.
5.3. The SELLER is not responsible for price inaccuracies resulting from system errors and, accordingly, for promotion, price and all other errors that may arise due to the system, design or illegal interventions on the website of the SELLER. BUYER cannot claim rights and/or receivables from SELLER based on system errors.
5.4. https://davidguner.com/ you can shop with credit card (Visa, MasterCard, etc.).
5.5. The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. Payment methods such as pre-paid postage or postal check made without consulting customer services are not accepted.
5.6. In case the payment for the product(s) subject to the distance sales contract is made by credit card by the BUYER, any legal liability may arise, including unfair and unlawful use of the credit card by unauthorized persons, which may arise from the difference between the BUYER and the credit card owner or the person to whom the product will be delivered. The risk belongs to the BUYER. BUYER accepts and undertakes that he/she will not make any claims against SELLER in case he/she suffers any damage in the mentioned cases.
5.7. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER will have 3 days to pay the product, provided that it has been delivered to him/her. It must be sent to the SELLER within . In this case, shipping costs belong to the BUYER.
RIGHTS AND OBLIGATIONS OF THE BUYER
6.1. BUYER accepts and undertakes to fully fulfill the obligations imposed on him in the contract. By placing an order, the BUYER accepts and undertakes that he/she is deemed to have accepted the terms of the contract and will make the payment in accordance with the payment method specified in the contract.
6.2. BUYER can view the SELLER's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., from the website https://davidguner /. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.
6.3. Subject to the previous article, the BUYER declares that he/she has read and is informed about the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made at https://davidguner/ order/payment/usage procedure information and has given the necessary confirmation electronically. It does.
6.4. If the BUYER wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, not to have used it, and to return the original invoice and delivery note at the time of return.
ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
BUYER confirms that he/she has been informed about the following issues by seeing and reviewing all general and specific explanations on the relevant pages and sections of the website before this Agreement is accepted and established by the BUYER on the SELLER's website and before placing the order and entering into payment obligation.
- SELLER's title and contact information and current identification information,
- Appropriate tools-methods for correcting incorrectly entered information and the stages of the sales process when purchasing the product(s) from the SELLER's website,
- Confidentiality, data use-processing and electronic communication rules applicable to the BUYER information applied by the SELLER, as well as the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for exercising the rights of the parties,
- Shipping restrictions stipulated by the SELLER for the Product(s),
- The payment method-tools accepted by the SELLER for the Product(s) subject to the contract, the basic features of the Product/Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including related expenses).
- Information about the procedures for the delivery of the Product/Products to the BUYER and transportation-delivery-cargo costs,
- Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, commitments and responsibilities of the parties in these matters,
- Products and other goods-services for which the BUYER does not have the right to withdraw,
- In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and the BUYER will lose his right of withdrawal if the right is not exercised in due time,
- For products with the right of withdrawal, if the product is damaged or changed due to not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period, the BUYER's request for withdrawal may not be accepted and he/she will be responsible to the SELLER in any case, in cases where the SELLER accepts it. may collect an amount it deems appropriate based on the defect or change in question, by deducting it from the refund to be made to the BUYER,
- In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial issues (return methods, costs and refund of the Product price and reward points earned/used by the BUYER during the return, free products in campaign sales, other free/discounted/discounted opportunities provided). (including discounts and offsets that can be made without refund to the BUYER for gift vouchers, etc., and additional collections from the BUYER, if not sufficient, depending on the situation).
- If the BUYER is a legal person, he/she cannot use his "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case).
8.1.1. After the VAT included amount of the products added to the shopping cart (total installment amounts in installment transactions) is approved by the BUYER, it is processed through the bank POS. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment will not be made until an Order Confirmation e-mail is sent.
8.1.2. Any disruption in the process or problems that may arise with the credit card will be notified to the BUYER by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the BUYER may be asked to contact his bank.
8.1.3 . Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the BUYER is immediately informed clearly and understandably, asked which of his optional rights he has used, and if he gives his approval, another good of equal quality and price may be sent to the BUYER. It may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated and/or the order may be canceled and a refund may be given.
8.1.4. In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the BUYER is informed of this situation, the total price paid and any documents that put him in debt, if any, are returned to him within ten days at the latest and the contract is cancelled. In such a case, the BUYER will not claim any additional material or moral damage from the SELLER.
8.2.1. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER will return the delivered product to him/her within 10 days. It is mandatory to send it to the SELLER as it was delivered, unused. In such cases, shipping costs belong to the BUYER.
8.2.2. If the BUYER has chosen to pay by credit card, the BUYER accepts that he/she will separately confirm the relevant interest rates and information regarding default interest from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the provisions of the legislation in force. declares and undertakes.
Once the order confirmation e-mail is sent, the product(s) are delivered to the cargo company with which the SELLER has a contract.
Delivery address : ……….
Person to be delivered to: ………
Shipping Fee: …….. TL,
9.2.1. The shipping price is added to the total amount of the order and paid by the BUYER. It is not included in the product price. The product(s) will be delivered to the BUYER's address by cargo agreed upon by the SELLER.
9.2.2. The SELLER may not reflect all or part of the shipping fee to the BUYER, depending on the campaigns it runs at the time of sale and/or the terms of which it announces on its website. SELLER reserves the right to change the procedures and methods applied for shipping fees in the future.
9.2.3. Delivery time is 30 days from the sending of the Order confirmation e-mail and the establishment of the contract. This period may be extended for a maximum of ten days, provided that the BUYER is notified in advance in writing or via a permanent data carrier. Products are sent to regions where cargo companies do not deliver to the address, with telephone notification.
9.2.4. In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. BUYER cannot impose any liability on SELLER due to these delays.
9.2.5. If the product is to be delivered to a person/organization other than the BUYER, the SELLER is not responsible for extra shipping costs that may arise from the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the BUYER. If the product/products have not reached the customer within the specified days, delivery problems must be reported immediately to the customer services at davidguner.com.
9.2.6. In case of damaged package; Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the BUYER has the right to have the package opened there and check that the products have been delivered undamaged and to request that the situation be determined with a report. After the package is received by the BUYER, it is accepted that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation must be reported to the SELLER Customer Services as soon as possible, with the copy of the report remaining with the BUYER.
PROCEDURE FOR PRODUCT RETURN AND RIGHT OF WITHDRAWAL
10.1. PRODUCT RETURN:
10.1.1. BUYER has the right to withdraw from the contract within fourteen days after receiving the goods, without giving any reason and without paying any penalty.
10.1.2. The period of use of the right of withdrawal will start from the delivery of the final product to you or to third parties you have determined on your behalf, excluding the carrier company, in case of multiple orders, and from the delivery of the product to you or to third parties you have determined on your behalf, excluding the carrier company, in single orders.
10.1.3. The right of withdrawal notification can be sent clearly and in writing to one of the addresses below.
10.1.4. The right of withdrawal period starts from the day the goods are delivered to the BUYER. The return shipping cost of the returned product or products is covered by the SELLER without any additional costs. Differences in tax fees may be requested for orders placed outside Turkey regarding the shipping cost. If the BUYER exercises his right of withdrawal, the SELLER will refund the product price within fourteen days at the latest, unless there is any situation that justifies the delay.
10.1.5. There is no right of withdrawal for goods prepared in line with the BUYER's wishes and/or his personal needs.
10.1.6. The decrease in the value of the delivered goods, their use or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the SELLER must compensate the value of the goods or the decrease in value.
10.1.7. For product returns, the return request must first be forwarded to customer service. The return information of the product is forwarded to the BUYER by the SELLER. After this communication, the product; It must be delivered to the SELLER, together with the invoice containing the information regarding the return, through the Cargo company that made the delivery to the BUYER's address. If the returned product reaching the SELLER meets the conditions specified in this contract, it is accepted as a refund, and the refund payment is made to the BUYER's credit card/account. The price will not be refunded until the product is returned to the SELLER. The time period for refunds made to the Credit Card to be reflected in the credit card accounts is at the discretion of the relevant bank.
10.1.8. If the purchase is made by credit card and in installments, the refund procedure to the credit card will be applied as follows: If the BUYER has requested to purchase the product in how many installments, the Bank makes the refund to the BUYER in this number of installments. After the SELLER pays the entire price of the product to the bank at once, in case the installment expenditures made from the bank POS are refunded to the BUYER's credit card, the requested refund amounts are transferred to the bearer accounts by the Bank in installments, in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the BUYER will continue to pay the installments he paid before the return for an additional month equal to the number of installments he paid before the return, after the installments of the sale are completed. will be deducted from its receivables and existing debts.
10.1.9. In case of returning goods and services purchased by card, the SELLER cannot pay the BUYER in cash, in accordance with the contract made with the Bank. In case of a return transaction, the member business, that is, the SELLER, will make the refund through the relevant software, and since the member business, that is, the SELLER, is obliged to pay the relevant amount to the bank in cash or on account, no cash payment can be made to the BUYER in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the BUYER pays the amount to the Bank in one lump sum.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
By law, there is no right of withdrawal in contracts regarding the goods/services listed below, even if they have not been used/used:
- Goods prepared in line with the BUYER's special requests or his personal needs (including those made special for the person/personal needs by making changes or additions, special Products imported/procured from within the country or abroad based on the BUYER's order)
- Cosmetics and similar products, chocolate etc. Goods that are perishable or may expire quickly, such as foodstuffs,
- Cosmetics, swimwear, underwear products, etc. Goods and disposable products whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons,
- Products that are mixed with other products after delivery and cannot be separated due to their nature,
- Opened books, CDs, DVDs, audio and video recordings, software, etc. with protective elements such as packaging, tape, seal, package. All kinds of digital content products and computer consumables,
- Goods related to periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
- Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider,
- If the packaging of services performed instantly in electronic environment or intangible goods delivered instantly to the consumer and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables has been opened by the BUYER, these products,
- In general, the return of other goods and services that are considered outside the scope of distance sales in accordance with the relevant legislation and cases purchased by the BUYER for commercial/professional purposes is not possible in accordance with the Regulation. In addition, it is not possible to exercise the right of withdrawal regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires, in accordance with the Regulation.
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against any manufacturing defects.
13.1. All personal data belonging to the BUYER and included within the scope of this distance sales contract can be used for the purpose of providing the service, creating customer portfolios, carrying out quality monitoring procedures, carrying out post-service transactions such as returns and withdrawals, and improving our services.
13.2. Your card information is not seen or recorded by us in transactions carried out online by the BUYER directly from banks or similar card institutions. Credit Card information is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is deleted from the system after the provision.
13.3. The information specified by the BUYER in this contract and the information provided to the SELLER for payment purposes will not be shared by the SELLER with third parties.
13.4. Information such as BUYER's e-mail address, postal address and telephone are used only by the SELLER for standard product delivery and information procedures. This information is required solely for the purpose of delivering the purchased product to you.
13.5. If the BUYER contacts the SELLER, contact information and details may be processed to meet the requirements of complaints and requests, carry out these processes and create customer portfolios.
13.6. In some periods, commercial electronic messages such as campaign information, information about new products, and promotional information may be sent to the BUYER after his/her approval.
13.7. SELLER will share the BUYER's name, surname, address and telephone information with the relevant cargo service provider companies in order to deliver the orders.
13.8. SELLER may disclose this information only to relevant public institutions and organizations within the scope of its legal obligation or legal obligation. Within the scope of any judicial investigation with documented investigative capacity, the SELLER may provide the information requested from him to the relevant authority, if he has it.
COMPETENT COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
In case of a dispute arising from the implementation of this contract, SELLER records (including records on magnetic media such as computers and voice recordings) constitute conclusive evidence.
Without prejudice to the relevant provisions, this Agreement is valid until the parties fulfill their payment/delivery obligations.
Turkish law will be applied in terms of the terms of this contract and Consumer Arbitration Committees and Consumer Courts in the SELLER's place of residence are authorized up to the value declared by the Ministry of Industry and Trade in December every year.
By approving the order, the BUYER is deemed to have accepted all the conditions of this contract.