DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions set forth below.
A. ‘BUYER’ (hereinafter referred to as "BUYER")
B. ‘SELLER’ (hereinafter referred to as "SELLER")
NAME-SURNAME: www.goaje.com (the "Site"), owned by GRCK Kozmetik A.Ş.
ADDRESS: Finanskent Mah. Finans Cad. Sarphan Finans Park Sitesi A Blok No: 5A, İnterior Door No: 67, Ümraniye, ISTANBUL
By accepting this Agreement, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed of this.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms below shall refer to the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: November 27, 2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised for a fee or benefit,
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or on behalf of those offering goods,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
WEBSITE: The SELLER's website,
ORDERER: A natural or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: Between SELLER and BUYER This agreement, concluded herein,
GOODS: Means the movable goods subject to the transaction and software, sound, images, and similar intangible goods prepared for use in an electronic environment.
3. SUBJECT
This Agreement governs the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.
The prices listed and announced on the website are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Delivery Person
Delivery Address
Phone
Fax
Email/Username
6. PRODUCT/PRODUCT INFORMATION SUBJECT TO THE CONTRACT
6.1. The basic characteristics (type, quantity, brand/model, color, number) of the goods/products/services are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the end of the campaign period.
6.2. The prices listed and announced on the website are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description
Unit Price
Subtotal
(VAT Included)
Shipping Amount
Total:
Payment Method and Schedule
Delivery Address
Delivery Person
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping fee, which is the cost of shipping the product, will be paid by the BUYER.
7. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
8. - SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY AND INDUSTRIAL PROPERTY RIGHTS
The privacy rules, policies, and terms outlined below apply to the protection, confidentiality, processing, use, and communication of information on the WEBSITE, as well as other matters.
8.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been implemented within the SELLER's system infrastructure, based on the nature of the information and transactions, to the extent of current technical capabilities. However, since the information in question is entered from the BUYER's device, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it from unauthorized access.
8.2. In addition to and in confirmation of the BUYER's permissions and approvals regarding personal data and commercial electronic communications provided by other means; The information obtained during the BUYER's membership to the WEBSITE and shopping will be shared with the SELLER for the purpose of providing various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications.
For commercial and social communications, the data may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used, and processed in other ways by the specified parties and their successors indefinitely or for a period they may determine. These data may also be submitted to the relevant authorities and courts when legally required. The BUYER consents and allows its current and new personal and non-personal information to be used, shared, and processed within the above scope, in accordance with personal data protection legislation and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.
8.3. The BUYER may stop the data use and processing at any time by contacting the SELLER through the specified communication channels and/or by contacting the SELLER through the same channels in accordance with legal procedures or by exercising its right of refusal in electronic communications sent to it. In accordance with the BUYER's express notification in this regard, personal data processing and/or communications to the BUYER will be stopped within the maximum legal period; In addition, if the BUYER so requests, their information, other than that which is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized in a way that prevents identification. The BUYER may, if they so desire, contact the SELLER through the above communication channels and obtain information regarding the processing of their personal data, the persons to whom they are transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to any results arising from analysis by automated systems that are detrimental to them, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the legally maximum timeframe, or they may be rejected after the legal justification is explained to the BUYER.
8.4. With regard to all information and content on the WEBSITE, as well as their editing, revision, and partial/full use, all intellectual, industrial, and proprietary rights, excluding those belonging to other third parties as agreed upon by the SELLER, belong to the SELLER.
8.5. SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes shall become effective upon announcement by SELLER on the WEBSITE or other appropriate means.
8.6. Seller's own privacy and security policies and terms of use apply to other websites accessed through the WEBSITE. SELLER is not responsible for any disputes or negative consequences that may arise.
9. GENERAL PROVISIONS
9.1. BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the product subject to the contract on SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, BUYER acknowledges, declares, and undertakes to have obtained the address to be provided by SELLER to BUYER before the distance sales contract is established, the basic specifications of the ordered products, the price of the products, including taxes, and the correct and complete payment and delivery information.
9.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, not exceeding the legal period of 30 days. If the product is not delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. SELLER acknowledges, declares, and undertakes to deliver the product subject to this contract complete and in accordance with the specifications specified in the order, including any warranty documents, user manuals, and any necessary information and documentation. Seller agrees, declares, and undertakes to deliver the product subject to this contract complete and in accordance with the requirements of legal regulations, and to perform the work in accordance with the principles of honesty and integrity, free from any defects, in accordance with legal requirements, and in accordance with standards. Seller agrees to maintain and improve service quality, to exercise due care and diligence during the performance of the work, and to act with prudence and foresight.
9.4. SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their express consent before the expiration of the contractual performance obligation.
9.5. If the SELLER is unable to fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, the SELLER acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of learning of this situation and to refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges and agrees that it will electronically confirm this Agreement for the delivery of the contractual product. If, for any reason, the contractual product price is not paid and/or is cancelled in bank records, the SELLER's obligation to deliver the contractual product will terminate.
This is the obligation and undertaking.
9.7. If the price of the contracted product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card after the product is delivered to the BUYER or the person and/or organization specified by the BUYER, the BUYER agrees, declares, and undertakes to return the contracted product to the SELLER within 3 days, with the shipping costs borne by the SELLER.
9.8. If the SELLER is unable to deliver the contracted product within the specified time due to force majeure events beyond the parties' control, unforeseen circumstances that prevent and/or delay the fulfillment of the parties' obligations, the BUYER agrees, declares, and undertakes to notify the BUYER. The BUYER also reserves the right to request the SELLER to cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery date until the preventing circumstances are resolved. If the BUYER cancels an order, the product price will be paid to the BUYER in cash within 14 days. For payments made by credit card, the product price will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. The BUYER acknowledges, represents, and undertakes that the average time it takes for the bank to reflect the amount refunded to the SELLER's credit card into the BUYER's account may be 2 to 3 weeks. Since the reflection of this amount in the BUYER's account after the refund to the bank is entirely dependent on the bank's processing process, the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, email, SMS, phone calls, and other means, using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER on the site registration form or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the goods/services subject to this agreement before receiving them; they will not accept damaged or defective goods/services (such as those with dents, breaks, torn packaging, etc.) from the courier company. The goods/services received will be deemed undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the credit card holder's identification and contact information, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card is theirs. The order will be frozen until the BUYER provides the requested information/documents. If the requested requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate and that it will immediately, in cash, and in one lump sum, compensate the SELLER for any losses incurred by the SELLER due to any inaccuracies in this information upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes to comply with and not violate legal regulations while using the SELLER's website. Otherwise, all legal and criminal liabilities arising will be fully and exclusively binding on the BUYER.
9.14. BUYER may not use SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others' use of the services.
9.15. Links may be provided through SELLER's website to other websites and/or other content that are not under SELLER's control and/or owned and/or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator, and do not constitute any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions listed in this agreement shall be personally and criminally liable for such violation and shall hold SELLER harmless from any legal and criminal consequences of such violations. In addition; Due to this violation, the incident is brought to the legal field.
The SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/entity at the address provided, without assuming any legal or criminal liability and without providing any justification, provided that the BUYER notifies the SELLER. In distance contracts related to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's consent before the expiration of the right of withdrawal period. Any costs arising from exercising the right of withdrawal shall be borne by the SELLER. By accepting this contract, the BUYER acknowledges having been informed of the right of withdrawal.
10.2. To exercise the right of withdrawal, written notice must be sent to the SELLER by registered mail, fax, or email within 14 (fourteen) days, and the product must not have been used in accordance with the "Products for which the Right of Withdrawal Cannot Be Used" provisions of this contract. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER (If the invoice for the product to be returned is from a corporate entity, it must be sent along with the return invoice issued by the institution. Returns of orders with invoices issued for institutions will not be completed unless a RETURN INVOICE is issued.)
b) The return form
c) The products to be returned must be returned complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total price and any documents binding the BUYER's obligation to the BUYER within 10 days of receiving the notice of withdrawal, and to accept the return of the goods within 20 days.
e) If the value of the goods decreases due to the BUYER's fault, or if return becomes impossible, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration that occur due to improper use of the goods or product during the right of withdrawal period.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount offered under the campaign will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the Regulation, it is not possible to return underwear, swimsuits and bikini bottoms, makeup, disposable products, goods prepared at the BUYER's request or clearly for their personal needs and not suitable for return; goods that are at risk of rapid deterioration or expiration; goods that are unsuitable for return due to health and hygiene reasons if the packaging is opened by the BUYER after delivery; products that are mixed with other products after delivery and cannot be separated by their nature; goods related to periodical publications such as newspapers and magazines, excluding those provided under subscription agreements; services performed instantly electronically or intangible goods delivered to the consumer; audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables if the packaging has been opened by the BUYER. Furthermore, the Regulation does not allow the right of withdrawal for services whose performance began with the consumer's consent before the expiration of the right of withdrawal period.
Cosmetic and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their unopened, untested, undamaged, and unused packaging.
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER acknowledges, represents, and undertakes that if payment is made by credit card and the BUYER goes into default, they will pay interest and be liable to the bank in accordance with the credit card agreement between the cardholder and the bank. In such a case, the bank may take legal action. The BUYER may claim the costs and attorney fees incurred from the BUYER. Under any circumstances, if the BUYER defaults on its debt, the BUYER acknowledges, declares, and undertakes to pay the SELLER for any losses and damages incurred due to the delayed payment of the debt.
13. AUTHORIZED COURT
Complaints and objections arising from disputes arising from this agreement shall be submitted to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the Law.
14. ENFORCEMENT
The BUYER is deemed to have accepted all the terms of this agreement upon payment for the order placed on the Site. The SELLER is obligated to fulfill the order.
The BUYER is responsible for making the necessary software adjustments to confirm that this agreement has been read and accepted by the BUYER on the website beforehand.
SELLER: GRCK Kozmetik A.Ş.
BUYER:
DATE:
