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1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as “BUYER”)
B. ‘SELLER’; (hereinafter referred to as “SELLER”)
FULL NAME: Mert Yusuf Onarlıoğlu
ADDRESS: Kahramanlar Mahallesi 1396 Sokak No:69/A Konak İzmir Turkey
By accepting this agreement, the BUYER acknowledges that if they confirm the order subject to the agreement, they will be obliged to pay the price of the order and any additional fees such as shipping and taxes, and they have been informed about this.
2. DEFINITIONS
For the implementation and interpretation of this agreement, the following terms shall have the meanings given alongside them.
MINISTER: Minister of Customs and Trade
MINISTRY: Ministry of Customs and Trade
LAW: Law No. 6502 on the Protection of Consumers
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any consumer transaction other than the provision of goods made or committed to be made in return for a fee or benefit
SELLER: The company offering goods to consumers within the scope of its commercial or professional activities or acting on behalf or account of the provider of goods
BUYER: A real or legal person acquiring, using, or benefiting from a good or service for non-commercial or non-professional purposes
SITE: The website belonging to the SELLER
ORDER PLACER: A real or legal person requesting a good or service through the SELLER’s website
PARTIES: SELLER and BUYER
AGREEMENT: This agreement concluded between the SELLER and the BUYER
GOOD: Movable items subject to shopping and software, audio, visual, and similar intangible goods prepared for use in the electronic environment
3. SUBJECT
This Agreement regulates the rights and obligations of the parties concerning the sale and delivery of the product specified below, ordered by the BUYER electronically through the SELLER’s website, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The listed and announced prices on the site are the sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Mototekno Republic-Mert Yusuf Onarlıoğlu
Address: Kahramanlar Mahallesi 1396 Sokak No:69/A Konak İzmir Turkey
Phone: +905335678868
Fax:
Email: [email protected]
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. ORDER PLACER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic features (type, quantity, brand/model, color, number) of the good/product(s)/service are published on the SELLER’s website. If the seller has organized a campaign, you can review the relevant product’s basic features during the campaign. Valid until the end of the campaign period.
7.2. The listed and announced prices on the site are the sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The total sales price of the product or service, including all taxes, is shown below.
Product Description
Quantity Unit Price
Subtotal (Including VAT)
Shipping Fee
Total
Payment Method and Plan
Delivery Address
Recipient
Invoice Address
Order Date
Delivery date
Delivery Method
7.4. The shipping fee, which is the cost of product shipment, will be paid by the SELLER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered along with the order to the invoice address during the order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER declares that they have read the preliminary information about the basic qualities, sales price, and payment method, and delivery of the product subject to the agreement on the SELLER’s website and have given the necessary confirmation electronically. The BUYER acknowledges that they have obtained the necessary information regarding the address to be provided by the SELLER, the basic features of the ordered products, the price of the products including taxes, and payment and delivery information accurately and completely before the establishment of the distance sales agreement.
9.2. Each product subject to the agreement is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER undertakes to deliver the product subject to the agreement in full, in accordance with the qualifications specified in the order, and with documents such as warranty certificates, user manuals, if any, and to perform the work in accordance with the principles of integrity and honesty within the framework of legal regulations, free from all kinds of defects, to maintain and increase the service quality, to show the necessary care and attention during the performance of the work, and 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 their explicit approval before the fulfillment period of the contractual obligations expires.
9.5. If the SELLER cannot fulfill the contractual obligations due to the impossibility of fulfilling the order subject to the agreement, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and if, for any reason, the product price is not paid and/or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the agreement will cease.
9.7. The BUYER accepts, declares, and undertakes that if the product subject to the agreement is delivered to the BUYER or the person/organization at the address indicated by the BUYER and the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair use of the BUYER’s credit card by unauthorized persons after the delivery of the product, the BUYER will return the product subject to the agreement to the SELLER within 3 days at the SELLER’s expense.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if the product subject to the agreement cannot be delivered within the due time due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, etc. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the agreement with its equivalent, and/or the postponement of the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid is refunded to them in cash and in full within 14 days in payments made in cash by the BUYER. In payments made by the BUYER by credit card, the product amount is refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the bank to reflect the refunded amount to the BUYER’s account may take 2 to 3 weeks, and this period is entirely related to the bank’s transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone call, and other means through the address, email address, landline, and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this Agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER will inspect the product/service subject to the agreement before receiving it; they will not receive the damaged and defective product/service such as crushed, broken, torn packaging, etc. from the cargo company. The received product/service will be deemed undamaged and intact. The BUYER’s duty to carefully protect the product/service after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product/service should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security gap is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to present the identity and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is truthful, and that they will immediately, in cash and once, compensate all damages incurred by the SELLER due to the inaccuracy of this information, upon the first notification of the SELLER.
9.13. The BUYER agrees to comply with the provisions of the legal legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations will bind the BUYER exclusively and completely.
9.14. The BUYER cannot use the SELLER’s website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. Moreover, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content not under the control of the SELLER and/or owned and/or operated by third parties may be provided through the SELLER’s website. These links are provided to facilitate the BUYER’s navigation and do not support any website or the person operating that site, and do not constitute a guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement will be personally responsible for this violation, both criminally and legally, and will keep the SELLER free from the legal and penal consequences of these violations. Moreover, in case the incident is referred to the legal domain due to this violation, the SELLER’s right to claim compensation against the member for non-compliance with the membership agreement is reserved.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise their right of withdrawal within 14 (fourteen) days from the delivery date of the product to the BUYER or the person/organization at the address indicated, by notifying the SELLER, without any legal or penal liability and without providing any reason. For distance contracts related to the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the withdrawal period expires. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER via registered mail, fax, or email within 14 (fourteen) days. The product must not have been used in accordance with the “Products for which the Right of Withdrawal cannot be exercised” provisions specified in this agreement. If this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER, (if the product to be returned is corporate, it must be sent back with the return invoice issued by the institution when returning. Order returns for which invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt within 10 days from the receipt of the withdrawal notification to the BUYER and to receive the goods back within 20 days.
e) 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 damages at the rate of their fault. However, the BUYER is not responsible for changes and deterioration in the goods due to the proper use of the goods or products within the period of the right of withdrawal.
f) If the campaign limit amount set by the SELLER is dropped due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign is canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The BUYER cannot exercise the right of withdrawal for products prepared according to the BUYER’s wishes or clearly personal needs, which are not suitable for return, underwear bottoms, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling or likely to expire, products that are unsuitable for 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 by their nature, periodicals such as newspapers and magazines other than those provided under the subscription agreement, 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, if the package is opened by the BUYER. Moreover, the right of withdrawal cannot be exercised before the end of the withdrawal period for services started with the consumer’s approval. For cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.), the packaging must be unopened, intact, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
BUYER, in case of default in credit card transactions, accepts, declares, and undertakes that they will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may apply for legal remedies; the costs and attorney fees arising will be borne by the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER agrees, declares, and undertakes that they will compensate the SELLER’s damages and losses due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer arbitration committee or the consumer court at the place where the consumer’s settlement is located or where the consumer transaction is carried out, within the monetary limits specified in the law below.
As of 01/01/2017, for applications to consumer arbitration committees, the value in dispute:
a) Disputes below 2,400 (two thousand four hundred) Turkish Liras in district consumer arbitration committees,
b) Disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provincial consumer arbitration committees in provinces with metropolitan status,
c) Disputes below 3,610 (three thousand six hundred ten) Turkish Liras in provincial consumer arbitration committees in centers of provinces not having metropolitan status,
d) Disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provincial consumer arbitration committees in districts of provinces not having metropolitan status.
This agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement when they make the payment for the order placed through the site.
The SELLER is obliged to make the necessary software arrangements to ensure that the agreement is read and accepted by the BUYER before the order is placed.
SELLER: Mototekno Republic-Mert Yusuf Onarlıoğlu
BUYER:
DATE:
