Contracts

PRIVACY, SECURITY AND USER AGREEMENT

Mehmet Akif Cad. Keresticiler Sitesi. Kestane Sk. No:13 K:2 Ersu İş Hanı Merter Güngören / İstanbul address LUTEKS TEKSTİL SANAYİ VE TİCARET ANONİM ŞİRKETİ ("#VDR"), will not use the personal information of the users transmitted through www.viadellerose.com ("Website") for purposes and scope other than those specified in the Privacy Policy, and will not share it with third parties without permission. Each User, by visiting this Website, will be deemed to have accepted the provisions of this Privacy-Security and User Agreement.

Personal information includes any personal information that directly or indirectly identifies the user, such as name and surname, date of birth, home address, mobile and landline telephone number, e-mail address, and will be referred to as "Confidential Information".

#VDR may use personal information for profiling, statistical studies, advertising, promotion, marketing and other communication activities within its own organization and unless otherwise requested by you, daily and weekly information e-mails will be sent to your e-mail address. You have the right to make changes to these e-mails, to cancel and restart the service at any time. The content of these e-mails may include information about the product or products you have purchased, other products we think you will be interested in, advertisements of third parties and similar information. Demographic information is used to adapt our site according to the interests of our users. This information may be shared with advertisers in order to ensure that advertisements can be adapted to the target audience and only together with information about other users. No personal information is provided in this information, it is only used for segmentation purposes and to make certain inferences about user tendencies as a group. The financial information collected is used to bill you for the products and services you have purchased. When you make a purchase on our site, you agree to the provision of your financial information to third parties (banks, credit card companies, etc.) required to process your transaction. The information to be shared includes all necessary financial information, including credit card number, expiration date, and CVV2.

#VDR undertakes to keep personal information strictly confidential, to consider this as a confidentiality obligation, to take the necessary measures and show due diligence to ensure and maintain confidentiality, to prevent all or any part of confidential information from entering the public domain or from being used unauthorized or disclosed to a third party. #VDR shall not be liable in the event that confidential information is damaged or falls into the hands of third parties as a result of attacks on the website and the system despite the fact that #VDR has taken the necessary information security measures.

#VDR can obtain information about users and their use of the Website using a technical communication file (Cookie). However, users can change their browser settings so that they do not receive the technical communication file or are notified when a technical communication file is sent.

#VDR is not responsible for any direct or indirect damages that may arise due to breach of contract, tort or other reasons due to entering this website; use of the site or the information and other data on the site, programs etc. #VDR does not accept any responsibility for interruption of the transaction, error, negligence, interruption due to breach of contract, tort, negligence or other reasons. #VDR does not accept any legal or penal liability that may arise due to users using personal information such as IP address, e-mail address, username belonging to someone else by entering the website or using the mobile application.

#VDR reserves the right to change, reorganize, or stop publishing the information provided on this site and its extensions without prior notice. Changes enter into force immediately upon publication on the site or mobile application, and users are responsible for following the changes. These changes are deemed to be accepted by using or logging into the site. These conditions also apply to other linked web pages.

Membership cancellation and account deletion on the website can be done by the user. #VDR reserves the right to delete or not delete any records belonging to the user account terminated by the user. The user cannot claim any rights or compensation regarding the deleted records.

This website contains links or references to other websites that are not under the control of #VDR, and is not responsible for the content of these sites or other links they contain.

#VDR is the owner or licensee of this website, the general appearance and design of the website, and all information, pictures, #VDR brand and other brands, www.viadellerose.com domain name, logo, icon, technical data presented in a demonstrative, written, electronic, graphic or machine-readable form, computer software, applied sales system, business method and business model (“Materials”) and all related intellectual and industrial property rights and are under legal protection. No material on the website; including code and software, may be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented or distributed without prior permission and without citing the source. The whole or part of the website may not be used on another website without permission. Contrary actions require legal and criminal liability.

#VDR reserves all other rights not expressly granted herein.

All your credit card and personal information is encrypted with 128 bit SSL Secure system, which is the internet security standard. In this way, your information is prevented from being captured by any unwanted person or institution during its circulation on the internet. For any questions and suggestions regarding our privacy policy, you can send us an e-mail from the communication section on our website.

PRELIMINARY INFORMATION FORM

The name of the goods or services subject to the contract, their quantity, sales price including VAT, payment method, basic characteristics and information on these matters are provided next to / under the visual of the product.

Packaging, cargo and delivery costs are covered by the BUYER. Cargo is added to the total amount of the order. It is not included in the product price. Delivery will be hand-delivered to the BUYER's specified address through the contracted cargo company. Even if the BUYER is not at the address at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for any damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all. The SELLER is responsible for the delivery of the product subject to the contract, intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.

The product will be delivered within 30 days at the latest from the contract date in accordance with the legal regulations. However, it is foreseen that the ordered products placed and approved during the day will be shipped immediately on the same day and the product will be delivered to the BUYER within a maximum of 5 business days in general. All responsibility belongs to the SELLER until the moment the product is delivered.

The consumer (BUYER) has the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty. The right of withdrawal period starts on the day the consumer or the third party determined by the consumer receives the goods in contracts regarding the delivery of goods. However, the consumer can also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods. In determining the right of withdrawal period, the day the consumer or the third party determined by the consumer receives the last goods is taken as basis.

The consumer cannot exercise his right of withdrawal in the following contracts:

Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or provider.
Contracts for goods prepared in line with the consumer's wishes or personal needs.
Contracts for the delivery of goods that are perishable or subject to expiry.
Contracts regarding the delivery of goods 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.
Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
Contracts that must be made on a specific date or period, regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes.
Contracts for services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.

Consumer complaints and objections: If you have any complaints about your order and/or the product in question and/or any issue related to your order, you can forward your complaints to the SELLER via the contact information provided above or the contact information provided on the www.viadellerose.com website. Your submitted complaints will be immediately recorded, evaluated by the authorized units and resolved, and you will be contacted as soon as possible. In addition, you can submit your complaints directly to the Consumer Problems Arbitration Committee or Consumer Court in the place where you are located or where the consumer transaction was made (The monetary limits regarding the Consumer Arbitration Committees' authority and duty to handle disputes for 2016, within the monetary limits determined by the Ministry of Customs and Trade in December of each year, are as follows; the upper monetary limit for district consumer arbitration committees is 2,320 Turkish Lira, the monetary limit for provincial consumer arbitration committees in provinces with metropolitan status is between 2,320 Turkish Lira and 3,480 Turkish Lira, the upper monetary limit for provincial consumer arbitration committees in the centers of provinces that are not metropolitan cities is 3,480 Turkish Lira, the monetary limit for provincial consumer arbitration committees in districts affiliated to provinces that are not metropolitan cities is between 2,320 Turkish Lira and 3,480 Turkish Lira.)

SALES PERSON:

Title: LUTEKS TEXTILE INDUSTRY AND TRADE JOINT STOCK COMPANY

Address: Mehmet Akif Street, Keresticiler Site. Kestane Street, No:13, F:2, Ersu Business Center, Merter Güngören / İstanbul

Phone: +90 212 231 32 66

Customer Service Phone: +90 212 231 32 66

Central Registry Number: 0609023784900019

DISTANCE SALES CONTRACT

This AGREEMENT regulates the rights and obligations of the parties regarding the sale, delivery and other matters of the following products/services ("Product/Products") to the BUYER, which the BUYER (CONSUMER) wishes to purchase by placing an order on the www.viadellerose.com electronic commerce website ("WEBSITE") belonging to the SELLER, including the cases where the BUYER (CONSUMER) makes transactions through the application on his/her mobile device. After the BUYER approves this AGREEMENT on the WEBSITE, the price and expenses of the PRODUCT(S) he/she orders will be collected through the payment method he/she chooses.

ARTICLE 1 - PARTIES

SALES PERSON
Title	:	LUTEKS TEXTILE INDUSTRY AND TRADE JOINT STOCK COMPANY
CRS No.	:	0609023784900019
Address	:	Mehmet Akif Street, Keresticiler Site. Kestane Street, No: 13, F: 2, Ersu Business Center, Merter Güngören / Istanbul
Telephone	:	+90 212 231 32 66
Fax	:
e-mail	:	customer.services@viadellerose.com
Internet Address	:	www.viadellerose.com
Bank account	:	CONSTRUCTION LOAN
Branch Code	:	370 (BAHÇELİEVLER BRANCH)
Account Number	:	55411680
IBAN	:	TR57 0006 7010 0000 0055 4116 80

BUYER (CONSUMER)
Name, Surname/Title	:
Address	:
Telephone	:
e-mail	:

 

ARTICLE 2 - SUBJECT

The subject of this AGREEMENT is the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on the Protection of Consumers, the Distance Contracts Regulation and other relevant legal provisions, regarding the sale and delivery of the PRODUCT(S) whose characteristics and sales price are specified below, which the SELLER sells to the BUYER electronically through the www.viadellerose.com WEBSITE, including the cases where the SELLER makes transactions via the application on its mobile device.

ARTICLE 3 - INFORMATION REGARDING THE PRODUCT, PRICE, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT

The Product(s) Type and Kind, Quantity, Brand/Model/Color, Unit Price(s) and Sales Price, Payment (collection) Information and Delivery Information including the delivery location notified by the BUYER are as stated below. If the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must pick up the PRODUCT(S) from another nearby branch to be notified by the SELLER (The necessary information to the BUYER in this regard will be made via e-mail/mail, SMS or telephone). Other issues regarding delivery are specified in Article 7 of the Contract below.

Product Name and Basic Features	Piece		Unit Price (Total Turkish Lira including VAT)	Term/Demand Sales Price (Total including VAT)
Order processing and shipping fees
TOTAL PAYMENT
PAYMENT METHODS AND SCHEDULE
DELIVERY INFORMATION
Name, Surname/Title	:
Address	:
Telephone	:
Email	:
BILLING INFORMATION
Name, Surname/Title	:
Address	:
Telephone	:
Email	:

ARTICLE 4 - MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

The BUYER confirms and accepts that he/she has been informed about the following matters by seeing and examining all general/specific explanations on the relevant pages/sections of the WEBSITE before the BUYER accepts and establishes this CONTRACT on the WEBSITE and before placing an order or assuming the payment obligation.

• SELLER's title, contact information and current introductory information,
• Appropriate tools and methods for the stages of the sales process during the purchase of the PRODUCT(S) from the WEBSITE and for the correction of incorrectly entered information,
• Electronic contact information for information on the Professional Chamber (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and the rules of conduct foreseen by ITO regarding the profession (Phone: 444 0 486, www.ito.org.tr)
• The privacy, data usage-processing and electronic communication rules to the BUYER applied by the SELLER for the BUYER information and 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 methods of exercising the rights of the parties,
• Shipping restrictions for the PRODUCT(S) as set forth by the SELLER,
• The payment methods and instruments accepted by the SELLER for the PRODUCT(S) subject to the contract, the basic features and characteristics of the PRODUCT(S), the total price including taxes (the total amount to be paid by the BUYER to the SELLER, including the relevant expenses),
• Information on the procedures for the delivery of the PRODUCT(S) to the BUYER and the shipping-delivery-cargo costs,
• Other payment/collection and delivery information regarding the PRODUCT(S) and information regarding the performance of the CONTRACT, commitments and responsibilities of the parties in these matters,
• PRODUCT(S) and other goods and services for which the BUYER does not have the right of withdrawal,
• In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised within the time limit,
• In case of PRODUCT(S) with a right of withdrawal, if the PRODUCT(S) are damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will be liable to the SELLER in any case. In cases where the SELLER accepts, it may collect an amount it deems appropriate based on the damage or change in question as a deduction (set-off) from the refund to be made to the BUYER.
• In cases where the right of withdrawal exists (in other relevant cases), how the PRODUCT(S) can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the price of the PRODUCT(S) and discounts and offsets that can be made for the reward points, gift vouchers, free products and other free/discounted opportunities provided by the BUYER during the return),
• If the BUYER is a legal entity, he/she cannot exercise his/her "consumer rights", especially the right of withdrawal, for the PRODUCT(S) purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),
• According to its nature, this AGREEMENT and all other sales conditions included in this AGREEMENT are approved and established by the BUYER on the WEBSITE, and since it is sent to the BUYER via e-mail, it can be stored and accessed by the BUYER for the desired period, and the SELLER can keep it for a period of three years.
• Privacy, personal data and electronic commercial communications procedures and practices
• In case of dispute, the BUYER may submit his/her complaints to the SELLER through the contact information and make his/her legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this AGREEMENT within fourteen (14) days from the date of receipt of the PRODUCT(s) without giving any reason and without paying any penalty.

The right of withdrawal period begins on the day the BUYER or a third party determined by the BUYER receives the goods in contracts regarding the delivery of goods. However, the BUYER may also exercise the right of withdrawal during the period from the establishment of the contract until the delivery of the goods. In determining the right of withdrawal period;
a) For goods that are subject to a single order and delivered separately, the day the BUYER or a third party determined by the BUYER receives the last goods,
b) For goods consisting of more than one piece, the day the BUYER or a third party designated by the BUYER receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the BUYER or a third party determined by the BUYER receives the first goods is taken into account.

The carrier foreseen within the scope of the right of withdrawal is one of the MNG Cargo and YURTİÇİ Cargo companies, and the BUYER can send the Product from a branch within or outside the district where it is located, in which case the BUYER will not be charged any costs. Details regarding return are explained in the return option on www.viadellerose.com.

However, legally, there is no right of withdrawal in contracts regarding the following goods/services, even if they have not been used/utilized:
a) Goods prepared in line with the BUYER's special requests or personal needs (including those made specific to 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)
b) goods that can spoil quickly or whose expiration date may pass, such as cosmetics, chocolate, etc., and foodstuffs.
c) Goods such as cosmetics, swimsuits, underwear products, etc., 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.
d) goods that are mixed with other products after delivery and cannot be separated by their nature.
e) All kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software, etc., and computer consumables whose protective elements such as packaging, tape, seal, package have been opened; vi) All services performed instantly in an electronic environment and all kinds of intangible goods delivered instantly to the consumer.
f) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller/provider,
g) periodicals such as newspapers and magazines, other than those provided under the subscription agreement.
h) Services for the evaluation of free time for the purposes of accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be carried out on a specific date or period.
i) Services that have started to be performed within the period of the right of withdrawal with the approval of the BUYER, and
j) Other goods and services generally accepted as outside the scope of distance selling in accordance with the relevant legislation and cases where the BUYER makes purchases for commercial/professional purposes.

In cases where the right of withdrawal is available, the BUYER is legally responsible for any changes or deteriorations that occur if the product is not used in accordance with its operation, technical specifications and usage instructions during the withdrawal period. Accordingly, if there is a change or deterioration due to the PRODUCT(s) not being used in accordance with its operation instructions, technical specifications and functionality until the withdrawal date, the BUYER may lose the right of withdrawal; in cases where it is accepted by the SELLER, a discount equal to the change/deterioration will be made from the price of the PRODUCT(s) to be returned.

In cases where there is a right of withdrawal, it is sufficient for the BUYER to send a clear notification to the SELLER (verbally/in writing to the contact addresses specified above) within the legal 14-day period regarding the use of the right of withdrawal. In case the said right is used within the period, the PRODUCT(s) must be sent to the SELLER's address above within a maximum of ten (10) days, with the expenses to be borne by the BUYER.

In this return process, the PRODUCT(s) must be returned complete and undamaged, together with its box, packaging, and standard accessories, if any. In addition to the cases where a Return Invoice must be issued by the BUYER pursuant to tax legislation, the section regarding the return specified below must be filled in and signed on the invoice to be returned with the Product. Returns of orders whose invoices are issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued.

"The address to which the product will be returned is the SELLER's address/the address of the cargo company to which the product will be delivered for return."

Provided that the above-mentioned requirements are fulfilled by the BUYER, the price of the PRODUCT(s) and, if any, the delivery costs of the PRODUCT(s) to the BUYER will be refunded to the BUYER in accordance with the payment method used when purchasing the PRODUCT(s) within 14 (fourteen) days from the date the notice of withdrawal reaches the SELLER.

The BUYER's legal rights and responsibilities after the withdrawal period regarding the PRODUCT(s) and the SELLER's rights and responsibilities including contractual and legal collection and offset rights, including those regarding reward points, gift vouchers and free opportunities from the BUYER, are also available and valid.

ARTICLE 6 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The privacy rules-policy and conditions specified below apply to the protection, confidentiality, processing-use and communications of information on the WEBSITE and other matters.

6.1. Necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's device, the responsibility for taking the necessary measures, including those related to viruses and similar harmful applications, to protect it on the BUYER side and prevent it from being accessed by unrelated persons, belongs to the BUYER.

6.2. In addition to and confirming the permissions/approvals provided by the BUYER regarding personal data and commercial electronic communications in other ways; the information obtained during the BUYER's membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways by the SELLER, its current and future affiliates, subsidiaries, partners, successors and/or third parties/organizations determined by them for the provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications for electronic and other commercial-social communications indefinitely or for a period they may foresee by the specified ones and their successors. These data may also be forwarded to the relevant authorities and courts when required by law. The BUYER has consented and allowed the use, sharing and processing of his/her current and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to receive commercial and non-commercial electronic and other communications.

6.3. BUYER may stop the data usage-processing by reaching the SELLER through the specified communication channels and/or by using the right of rejection in electronic communications sent to it at any time. According to the BUYER's clear notification in this regard, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if it wishes, its 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 its identity cannot be determined. BUYER may, if it wishes, always apply to the SELLER through the above communication channels and receive information on matters such as transactions regarding the processing of its 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 analysis with automatic systems, compensation in case of damages due to unlawful processing of data. Applications and demands regarding these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.

6.4. Regarding all information and content of the WEBSITE and their arrangement, revision 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 agreement of the SELLER.

6.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; these changes shall be valid from the moment they are announced by SELLER on the WEBSITE or by other appropriate methods.

6.6. Other sites accessed from the WEBSITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

ARTICLE 7 - GENERAL PROVISIONS

7.1. The BUYER declares that he/she has read and is informed about the preliminary information on the www.viadellerose.com website regarding the basic characteristics of the PRODUCT(s) subject to the CONTRACT, the total sales price including all taxes, the payment method and delivery costs to be covered by the BUYER, the delivery period, the full commercial title, full address, contact information and right of withdrawal of the SELLER and has given the necessary confirmation electronically.

7.2. The PRODUCT(s) subject to the CONTRACT shall be delivered to the BUYER or the third person/organization at the address indicated on the WEBSITE in accordance with the principles specified below, provided that the legal 30-day period is not exceeded. The SELLER sends and delivers the PRODUCT(s) through a contracted cargo company for its shipments. If this cargo company does not have a branch in the BUYER's location, the BUYER must receive the PRODUCT(s) from another branch of the cargo company notified by the SELLER. If the BUYER requests the goods to be sent with a carrier other than the carrier determined by the SELLER, the SELLER shall not be responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.

7.3. PRODUCT(s) in stock are delivered to the cargo company within 5 (five) business days at the latest from the date of order. However, if there are campaign PRODUCT(s) in the same order, the campaign is expected to end and then, within 5 (five) business days at the latest, all PRODUCT(s) in the order are given to the cargo company to be delivered to the person and address specified by the CONSUMER during the order. Cargo Companies deliver the shipments they receive from the SELLER to the BUYERS within an average of 2 (two) business days under normal conditions, although they vary depending on the distance. SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems that the Cargo Company may encounter during the delivery of the product to the BUYER.

7.4. In general, and unless otherwise expressly stated, delivery costs (shipping costs etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs to the BUYER depending on the campaigns it runs at the time of sale and the terms of which are announced on the WEBSITE. In cases where the right of withdrawal is used for all of the ordered products or for a part of them (which the BUYER benefits from), if the minimum shopping amount falls below the SELLER free shipping (delivery) campaign, the entire delivery-shipping fee not collected within the scope of the campaign will be deducted from the amount to be returned to the BUYER and collected (in cases where the BUYER pays the delivery-shipping fee, this fee will be returned).

Similarly, in cases where the BUYER purchases a discount or a free (gift) product of the same nature by shopping at the minimum amount of any SELLER campaign or in all cases where the BUYER has won/used a gift voucher, if the right of withdrawal is used for all or part of the ordered products and the minimum price is dropped or the gift voucher earning/usage condition is eliminated in any way, thus generally speaking the campaign benefiting conditions/gift voucher earning or usage conditions are violated/not complied with by the BUYER, the entirety of the said discount (if any, also the gift product price) will be deducted from the amount to be returned to the BUYER and collected; if the BUYER has won a (virtual/physical) gift voucher due to his/her shopping, this voucher will be cancelled, if the (virtual or physical) gift voucher has been used, the entirety of the voucher price will be deducted from the amount to be returned to the BUYER.

These provisions apply in the same way to all other cases where the PRODUCT(s) are returned, except for defective products, as well as to cases where the right of withdrawal is exercised.

7.5. 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 the shipment of the products. If the product is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the person/institution to be delivered not being present at the address or not accepting the delivery. In such cases, all kinds of damages arising from the BUYER's late receipt of the PRODUCT(s) and the expenses incurred due to the PRODUCT(s) waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER. If the PRODUCT(s) subject to the CONTRACT are to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the person/institution to be delivered not accepting the delivery.

7.6. The BUYER is responsible for checking the PRODUCT(s) upon receipt and, in case of any problem with the PRODUCT(s) arising from the cargo, not accepting the PRODUCT(s) and having a report drawn up by the Cargo company official. Otherwise, the SELLER will not accept any responsibility. The BUYER will inspect the PRODUCT(s) subject to the CONTRACT before receiving them; will not accept damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received will be deemed to be undamaged and intact. The obligation to protect the PRODUCT(s) carefully after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the PRODUCT(s) must not be used. The invoice must be returned.

7.7. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the PRODUCT(s) before receiving it. In cash sales, if the price of the PRODUCT(s) is not paid to the SELLER in full before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the PRODUCT(s).

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 price of the PRODUCT(s) to the SELLER or requests the amount paid back, the PRODUCT(s) shall be returned to the SELLER by the BUYER within 3 (three) 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. The SELLER reserves all other contractual and legal rights, including the right to pursue the receivable price of the Product without accepting the return.

For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card etc. from banks (including financial institutions), all the opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution that issued the card; sales of PRODUCT(s) realized within this framework and for which the SELLER collects the price in a lump sum or gradually are not credit or installment sales for the parties to this CONTRACT, but cash sales. The legal rights of the SELLER in cases legally considered as installment sales (including the rights to terminate the contract in case of non-payment of installments and/or to demand payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, a default interest shall be applied at a monthly rate as stipulated by the laws in force.

7.8. If the PRODUCT(s) cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, interruption of transportation, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER shall inform the BUYER regarding the delivery. In this case, the BUYER may exercise one of the rights to cancel the order, replace the PRODUCT(s) subject to the contract with a similar one, if any, and/or postpone the delivery period until the elimination of the impeding situation. In the event that the BUYER cancels the order, the amount paid shall be refunded within 10 (ten) business days in accordance with the payment method used when purchasing the PRODUCT(s). In payments made by the BUYER with a credit card, the product amount shall be refunded to the relevant bank within 10 business days after the order is cancelled by the BUYER. The reflection of this amount in the BUYER's accounts after it is refunded to the bank is entirely related to the bank transaction process, and the SELLER cannot intervene in this matter in any way.

7.9. If the SELLER understands that it cannot supply the PRODUCT(s) subject to the CONTRACT, it may supply another good/service of equal quality and price, provided that it clearly informs the BUYER within three (3) days from the date of learning of this situation in a legal manner and obtains his verbal/written approval, and thus it is deemed to have fulfilled its commitment subject to the CONTRACT. The BUYER is free in all respects to give or not give the said approval, and in cases where it does not give approval, the contractual-legal provisions regarding order cancellation (termination of the Contract) shall apply.

7.10. In case of order cancellations including withdrawals in accordance with the contract and law and in case of termination of the contract, if the Product price has been collected, it shall be returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The return shall be made in accordance with the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the return transaction shall be made by returning it to the BUYER's credit card and the Product amount shall be returned to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER's accounts after the return transaction is made by the SELLER to the bank is completely related to the bank transaction process, the BUYER accepts in advance that the SELLER will not be able to intervene and assume responsibility for possible delays (the process of banks reflecting the return to the BUYER's account can generally take up to three weeks). The SELLER has and reserves the rights of offset, discount and deduction arising from this Contract and the law for the amount to be returned. The BUYER's legal rights are also reserved and available in cases where the CONTRACT is terminated by the BUYER due to the SELLER's failure to fulfill its obligations.

7.11. BUYER may notify SELLER of his/her requests and complaints regarding the Product and sales, verbally or in writing, by reaching SELLER through the communication channels in the introduction section of the CONTRACT.

7.12. Some of the issues written in Article 4 above may not be included in this CONTRACT due to their nature; however, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, depending on the relevance.

7.13. The BUYER can access and review the said Information and this CONTRACT at any time by saving and storing the said e-mail on his device, as they are sent to the e-mail address he provided after acceptance. On the other hand, they are kept in the systems of the SELLER for a period of 3 (three) years.

7.14. In resolving any dispute that may arise from this CONTRACT and/or its implementation, SELLER records (including records in magnetic media such as computer-voice recordings) shall constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.

7.15. The service provided by the SELLER is for the consumer within the scope of retail sales; if the SELLER suspects that the BUYER has a resale purpose, the SELLER reserves the right to cancel the order and not to deliver the PRODUCT(s) even if this CONTRACT has been established.

7.16. In order for the refund procedures to be carried out in accordance with the General Communiqué of the Tax Procedure Law No. 385, the relevant sections of the invoice that includes the refund section that we have sent to you must be filled in completely and sent back to us with the product after being signed.

ARTICLE 8 - LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES

BUYER may submit all kinds of requests and complaints to the SELLER's contact addresses specified in Article 1.

In disputes that may arise from this AGREEMENT, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined/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 (domicile).

The BUYER accepts and declares that he/she has read all the conditions and explanations written in this AGREEMENT and the order-contract preliminary information forming an integral part of it (on the WEBSITE), that he/she has prior knowledge of all the issues written in Article 3 of this AGREEMENT including the basic features/qualifications of the PRODUCT(s) subject to sale, sales price, payment method, delivery conditions, all other preliminary information-informations and right of withdrawal and personal information-electronic communication and reward points conditions regarding the SELLER and the PRODUCT(s) subject to sale, that he/she has seen all of them electronically on the WEBSITE and that he/she has accepted the provisions of this AGREEMENT by ordering the PRODUCT(s) by confirming-approving-accepting-permitting all of these electronically.

Both the preliminary information in question and this CONTRACT are also sent to the above e-mail address provided by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the said e-mail together with the order summary.