Distance Sales Contract
ARTICLE 1. SELLER
Title: Ereyon Electronic Commerce and Virtual Store Services Joint Stock Company
Mersis No: 0354034517500018
Address: 8229/1 Sokak No:22 Odin İş Merkezi Çiğli / İZMİR
Tel. No.: 444 37 96
Fax No: 0 232 329 66 69
Web address: www.ereyon.com.tr
E-mail : [email protected]
Our company is a member of the Izmir Chamber of Commerce (IZTO). The electronic contact information for obtaining IZTO's professional code of conduct is as follows: (www.izto.org.tr, Phone: 444 92 92).
ARTICLE 2. SUBJECT OF THE AGREEMENT
2.1 The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers, the Distance Contracts Regulation and other relevant legislation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the real or legal person (“Buyer”) who signs this contract electronically ordered from the Seller’s www.ereyon.com.tr website (“Website”). The provisions of the Code of Obligations and the Turkish Commercial Code apply to BUYERS who are not considered consumers.
2.2 The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner about the Seller's name, title, full address, telephone and other contact information, basic characteristics of the goods to be sold, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods to be sold, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
2.3 The Preliminary Information on the Website and the invoice issued upon the order placed by the Buyer are integral parts of this contract.
ARTICLE 3. CONTRACTUAL PRODUCT(S), DELIVERY, PAYMENT INFORMATION
The Buyer accepts and declares that he/she has been informed about the type and kind, code, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the Product(s) purchased electronically before the payment is made and that he/she has approved this information. The person to be invoiced and the person who made the contract must be the same.
ARTICLE 4. MATTERS ABOUT WHICH THE BUYER IS PRELIMINARILY INFORMED
The Buyer accepts, declares and undertakes that he/she has been informed about the following matters by reading the "Order and Contract Preliminary Information Text" on the Website, before the establishment of this Agreement by the Buyer on the Website and before placing an order and entering into a payment obligation..
- The seller's title and contact information, information about the professional chamber and current introductory information,
- Information about the basic characteristics of the product(s), total price including taxes, and shipping costs,
- Delivery, invoice and payment information of the product(s),
- Shipping restrictions imposed by the Seller for the Products,
- In cases where the Buyer has the right of withdrawal, the conditions, period and procedure for exercising this right and that the Buyer will lose his right of withdrawal if the right is not exercised within the time limit,
- Products for which the Buyer does not have the right of withdrawal,
- In cases where the right of withdrawal exists, how the Products can be returned to the Seller and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for reward points earned/used by the Buyer during return),
- Appropriate tools and methods for correcting incorrectly entered information during the sales process and during the collection from the Website,
- In case of dispute, the Buyer can submit his/her complaints to the Seller through the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ARTICLE 5. ORDER AND PAYMENT TERMS
The TL amount of the products selected by the Buyer, including VAT (total installment amounts in installment transactions) and all expenses, including shipping fees, if any, are processed through the payment method selected by the Customer after being approved by the Buyer, and an order confirmation e-mail is sent to the Buyer before the Products are shipped following payment. Shipment will not be made without an Order Confirmation e-mail.
ARTICLE 6. SHIPPING AND DELIVERY CONDITIONS
6.1 The Seller shall send the Products within a maximum of 30 days through the cargo company with which it has a contract. If this cargo company does not have a branch in the Buyer's location, the Buyer must receive the Product from the closest branch of the cargo company within 7 days at the latest; otherwise, the Buyer shall be responsible for all damages and expenses that may arise.
6.2 If the Buyer is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the Seller shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the Buyer's responsibility to contact the cargo company and follow up on the shipment of the products. If the Product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In such cases, all kinds of damages arising from the Buyer's late receipt of the Product and the expenses incurred due to the Product waiting at the cargo company and/or the return of the cargo to the Seller belong to the Buyer.
6.3. The Buyer is responsible for checking the Product upon receipt and, if he/she sees a problem with the Product caused by the cargo, not accepting the Product and having a report drawn up by the cargo company officer. Otherwise, the Seller will not accept any liability.
6.4. If the Product cannot be delivered within the legal period due to force majeure, the Seller shall immediately notify the Buyer of this situation. In this case, the Buyer may cancel the order or wait until the force majeure situation ends. If the Product cannot be supplied by the Seller, the Seller shall clearly inform the Buyer within 3 days at the latest after learning of this situation and the Buyer shall cancel the order. In case the order is cancelled by the Buyer, the Seller shall be obliged to return the total amount paid by the Buyer and any documents that bind it, if any, to the Buyer within 14 days at the latest. In such a case, the Buyer shall not have any additional material or moral damage claims from the Seller.
6.5. If, for any reason after the delivery of the Product, the Bank/financial institution to which the credit card was used does not pay the Product price to the Seller or requests the amount paid back, the Product shall be returned to the Seller by the Buyer within 3 days at the latest. If the non-payment of the Product price is due to a fault or negligence of the Buyer, the shipping costs shall be covered by the Buyer. All other contractual and legal rights of the Seller, including the right to pursue the receivable of the Product price without accepting the return, are reserved separately and in any case.
ARTICLE 7. BUYER'S RIGHT OF WITHDRAWAL AND TERMS OF USE
7.1 The Buyer has the right to withdraw from the order-Agreement within fourteen (14) days from the date of receipt of the Product without giving any reason and without paying any penalty. However, the Buyer may also exercise the right of withdrawal from the establishment of the Agreement until the delivery of the Product.
7.2 Unless otherwise agreed in writing by the Parties, the Buyer cannot exercise its legal right of withdrawal regarding the following Product/service(s), even if they have not been used:
a) Products or services whose prices change depending on fluctuations in financial markets and are not under the control of the Seller,
b) Products prepared in line with the Buyer's requests or personal needs (those that are customized to the person/personal needs by making changes/additions),
c) Products that can spoil quickly or expire,
d) Products whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable in terms of health and hygiene,
e) Products that are mixed with other products after delivery and cannot be separated due to their nature,
f) Services that begin to be performed with the Buyer's approval before the expiration of the right of withdrawal.
7.3 The Buyer must send a notification of exercising her right of withdrawal to the Seller in writing or via permanent data storage within the above-mentioned period, as follows.
7.3.1. If the right of withdrawal is used before the products are delivered to the cargo company to be delivered to the Buyer, the Buyer may make the necessary notification via the Seller's e-mail address [email protected] or the number 444 37 96.
7.3.2. If the right of withdrawal is exercised following the delivery of the products to the cargo company to be delivered to the Buyer, the Buyer shall return the Products, complete and undamaged, together with their box, packaging and standard accessories (if any), to the cargo company notified by the Seller by filling in the return form on the back of the invoice delivered together with the product. A return invoice must be issued for Product returns whose invoices are issued in the name of institutions.
7.4 In case of exercising the right of withdrawal, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days from the date of sending the notice of withdrawal to the Seller. The shipping cost of the returned Product will be covered by the Seller, provided that the Seller's contracted cargo company is used.
7.5 The Seller shall refund the Product price and all collected payments, including the delivery costs of the goods to the consumer, if any, within 14 days from the date of receipt of the notice of withdrawal, provided that the right of withdrawal is fulfilled by the Buyer in a timely and proper manner, in a manner appropriate to the payment method used by the Buyer when purchasing the Product. The delivery costs collected from the Customer shall be covered by the Seller only if all products subject to the same order are returned.
7.6 The Seller reserves the right to collect and offset any monetary values such as discounts on the Product price and/or any reward points etc. from the Buyer in case of legal withdrawal and other order-Contract cancellations.
7.7 The right of withdrawal cannot be exercised in cases where the right of withdrawal is not foreseen by law, and the Buyer loses the right of withdrawal in cases where this right is not exercised properly or in a timely manner.
7.8. If there is more than one product in the order placed by the Buyer and the Buyer wishes to return some of these products, the Buyer can only exercise his/her right of withdrawal regarding these products following the delivery of the product to him/her..
7.9 Products sold in the Seller's retail stores or over the internet cannot be returned.
ARTICLE 8. ISSUES RELATING TO CONFIDENTIALITY, INFORMATION SECURITY, PERSONAL DATA AND INTELLECTUAL PROPERTY RIGHTS
8.1 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, to the extent of technical possibilities, depending on the nature of the information and transaction. However, since the information in question is entered from the Buyer's device, the Buyer is responsible for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the Buyer's side and prevent it from being accessed by unrelated persons.
8.2 The Buyer may reach the Seller through the specified communication channels and stop data usage-processing and/or communications at any time. According to the Buyer's clear notification in this regard, personal data transactions and/or communications to the Buyer shall be stopped within the legal maximum period; in addition, if the Buyer so wishes, the information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. The Buyer may, if it wishes, contact the Seller through the communication channels above and receive information on matters such as transactions related to the processing of personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against it by means of analysis with automatic systems, and compensation in case of damages incurred due to unlawful processing of data. Applications and requests regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the Buyer.
8.3 Regarding all information and content of the Website and their arrangement, modification and partial/full use; all intellectual and industrial property rights and property rights belong to the Seller, except those belonging to other third parties in accordance with the Seller's agreement.
8.4 Following the approval, the Buyer can access and review the Preliminary Information and Agreement text sent to the e-mail address at any time by saving the said e-mail in a permanent data storage device. The Seller will also store and keep the Preliminary Information and Agreement text in its systems for three years.
8.5 The Buyer accepts and declares that the personal information provided in this application form is correct, that all data such as shopping and personal information that the Buyer will provide in any way within the scope of his/her order, together with this information, will be collected by the Seller, including but not limited to those specified herein, its affiliates, subsidiaries, any service provider companies it works with within the scope of the Program and their shareholders and employees ("Program Collaborators"), that this data will be processed by the Program Collaborators, and that the Seller and/or the Program Collaborators are not responsible for any damages that may arise as a result of not updating the information in the application form or providing incorrect information.
8.6 The Recipient is informed that they have the right to learn whether their personal data has been processed, to request information about their personal data if they have been processed, to learn the purpose of processing their personal data and whether they have been used in accordance with their purpose, to know the third parties to whom personal data has been transferred domestically or abroad, to request correction of personal data if they have been processed incompletely or incorrectly, to request deletion or destruction of personal data within the framework of the conditions stipulated by law, to request notification of correction, deletion or destruction of personal data to third parties to whom personal data has been transferred, to object to the emergence of a result to their detriment by means of exclusively automated systems of the processed data, and to request compensation for damages in the event that they suffer damages due to unlawful processing of personal data.
ARTICLE 9. FORCE MAJEURE
9.1 Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will notify the other party of the situation immediately and in writing.
9.2 During the continuation of force majeure, the parties will not be held liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
ARTICLE 10. COMPETENT COURTS AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or the Seller's place of residence, if he wishes.
ARTICLE 11. DECLARATION OF ACCEPTANCE AND APPROVAL
The Buyer accepts and declares that he/she has read all the conditions and explanations written in this Agreement and the Order-Agreement Preliminary Information, which is an integral part of the Website, that he/she has prior knowledge of all the issues including the basic features-qualifications of the Product(s) subject to sale, sales price, payment method, delivery conditions, all other preliminary information-information regarding the Seller and the Product subject to sale, right of withdrawal and personal information, that he/she has seen, read and accepted the content of all of them electronically on the Website and that he/she has accepted the provisions of this Agreement by ordering the Product by confirming-approving-accepting-permitting all of these electronically.
I have read the Distance Selling Agreement, I accept and approve its content.