Terms of service
DISTANCE SALES AGREEMENT
It has been signed between the SELLER whose title, full address and contact information are given in clause a of this article (hereinafter referred to as “SELLER” in the contract) and the information in clause b (hereinafter referred to as “BUYER” in the contract) within the framework of the terms and conditions stated below.
Title: TB MANAGEMENT DANIŞMANLIK HİZMETLERİ VE YÖNETİM ANONİM ŞİRKETİ
Address: AYAZAĞA MAH. MİMAR SİNAN SK. SEBA OFFICE NO:21 D İÇ KAPI NO:45 SARIYER/ İSTANBUL
Tax Number: 8331100862
Mersis Number: 0833110086200001
Name and surname:
c) Invoice Details
Name and surname/ Company Title:
The implementation of this agreement and will express written statement in writing against the interpretation of the terms below.
|Buyer||:||One of acquiring goods or services with no commercial or professional purposes, uses or benefits from the natural or legal person,|
|Minister||:||Minister of Commerce,|
|Ministry||:||The Ministry of Commerce,|
|Law||:||Law on Consumer Protection,|
|Order||:||Goods or services belong sellers website https://etnashirts.com/ or natural or legal persons claiming,|
|Agreement||:||BUYER and SELLER concluded between this Agreement,|
|Sides||:||The seller and the buyer,|
|Product or Products||:||transported goods being exchanged, leisure or residential immovable property intended to be used in the electronic media software, audio, video and all kinds of products, means|
|Regulation||:||The Distance Selling Regulations|
|Force Majeure||Any and all events which may objectively prevent or delay compliance of the Parties with their obligations including but not limited to adverse weather conditions preventing transportation, transportation disruptions, infrastructure and internet malfunctions, fire, earthquake, flood and other natural disasters as well as extraordinary events including epidemics, turmoil, widespread violent acts, strikes or regulations by official authorities.|
3- SUBJECT OF THE CONTRACT
Business is the subject of this contract, the SELLER’s of https://etnashirts.com/ domain name web site from the electronic media in order to make the following qualities and selling prices of the products mentioned in the sales and delivery regarding on the 6502 numbered Consumer Protection Act and 29 188 Official Gazette No. Distance of the parties pursuant to Regulation Relating to the Convention is to undertake the rights and obligations.
4- CONTRACT OF PRODUCT INFORMATION
4.1. All commitments, including the price stated in the contract, are valid until they are changed and updated. Promises and prices announced for a period of time are valid until the end of the specified period.
4.2. The SELLER is not responsible for the differences that may occur between the prices on the site and the prices in the stores. For orders placed on the site, the prices given on the order summary page during the order on the site are valid.
4.3. The SELLER aims to show the colours of the products in the most appropriate way to their real colours in the pictures on the site. However, the user does not accept responsibility for the differences that may occur due to screen settings and different screen types.
4.4. The prices listed and announced on the site are the sales price. The sales price of the goods or services subject to the contract, including all taxes, is shown below:
|Product code||Colour||Body||Unit price||Piece||Amount|
|Total:||Of TRY (Taxes Including)|
|Discounts:||Of TRY (Taxes Including)|
|Shipping cost:||Of TRY (Taxes Including)|
|The overall total:||Of TRY (Taxes Including)|
5- Payment and Delivery
5.1. The BUYER accepts, declares and undertakes that the information regarding the payment and delivery in the table below is his own, that there is no error in this information, that the SELLER will not be responsible if the delivery cannot be made or delayed due to a deficiency or inaccuracy in the information given by the BUYER.
|And Payment Plan|
5.2. The product subject to the contract is delivered to the BUYER or the person/organisation at the address indicated by the courier company, depending on the distance of the BUYER’s residence, for each product, provided that it does not exceed the legal 30-day period determined in accordance with the “Law on the Protection of the Consumer No. 6502” and the “Regulation on Distance Contracts”.
5.3. The delivery of the product shall not be made to anyone other than the person/organisation authorised to receive the delivery specified in this contract. At the time of delivery, it is obligatory to present the identity of the persons authorised to receive the delivery. If these people do not present their identity cards, they will be refrained from making deliveries. If the product subject to the contract is to be delivered to a person/persons other than the BUYER, no responsibility can be attributed to the SELLER because the person/organisation to be delivered does not accept the delivery.
5.4. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact.
5.5. For the delivery of the product subject to the contract, the product price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER will be exempt from the obligation to deliver the product.
5.6. After delivery of the product the BUYER’s credit card in a way that caused the BUYER’s flaws unauthorised unfair or about the cause to be used as unlawful bank or financial institution of the product cost of fails to pay the SELLER of the product provided that the receiver itself has been delivered 3 days in must be sent to the SELLER. In this case the shipping costs are the responsibility of the BUYER.
5.7. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER from the bank of the card holder to submit a letter stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.
5.8. Fulfilment of orders the goods or services SELLER acts; force majeure or shipping preventing adverse weather conditions, interruption of transportation, fire, earthquake, and flood as dominant in cases where impossible due to extraordinary circumstances and cannot deliver a justified reason, in case of determination cannot be supplied to contract products within the contract products in time, the state is obliged to notify the buyer . In this case, the cancellation of orders BUYER, if the contract products and replaced with precedent and / or delivery period blocker may use any of the postponement until the disappearance of the rights. As pay amounts paid by the buyer in case of cancellation of the order is paid back to him. In the payment made by the buyer’s credit card, the amount of product, after the cancellation order by the BUYER no later than 10 (ten) will be returned to the bank during the day. After returning to the banks of this amount is BUYER account the implications fully related to bank transaction process, RECEIVER, whether it is possible to engage in any form of intervention vendor for possible delays and the amount refunded to your credit card by SELLER of time to reflect RECEIVER account by the bank to be in the SELLER’S responsibility that SELLER will be installed and accept no liability in relation to this process, and is committed to declare.
6- RIGHT OF WITHDRAWAL
6.1. BUYER; distance contracts for the sale of goods, the person at the address of the product itself or Show / organisations from delivery date to 14 (fourteen) no justification can use the right of withdrawal from the contract showing the financial refusing during the day. In the distance contracts for the provision of services, this period starts from the date of signing the contract. Cayman rights before the end of the period, consumer services, with the approval of the execution of the right of withdrawal begin service contracts available. Costs arising from the use of the right of withdrawal DEALER ‘belongs. Which will be the dealer for the exercise of the right of withdrawal breach notification, delivery of goods from the 14 (fourteen) by the Purchaser in accordance with the Regulations on Distance Selling Contract-day period it must be made in writing or by means of a continuous data carrier. Therefore, BUYER located above the seller’s address written to the open, e-mail or send e-mail via https://etnashirts.com/. You must request a refund via e-mail.
6.2. In case of using the right of withdrawal;
a) person or receiver delivered product, in the original bill is being delivered cargo to be sent to the seller, refund part of the filling (if the bill be returned to the desired product under the name of an institution, refund, which was held back when returning institution bill with ) from the date of notification that the product is used together with the breach of the right against fourteen (14) should be sent to the seller by the Purchaser during the day.
b) SELLER, since delivery of the product with a reach him of breach notification and invoice at least 14 (fourteen) debts into the total price and the buyer within days is obliged to return all documents to the buyer.
c) the product be returned in the box, packaging, it should be delivered complete and undamaged with standard accessories, if any.
d) If for some reason the value of the property resulting from a reduction of the defect or return if buyer is obliged to pay damages to the supplier impossible RECEIVER defect rate.
e) The discount amount utilised in the campaign if they are below the amount of the withdrawal of the right to limit campaign organised by the SELLER due to the use will be canceled.
6.3. The refund amount will be refunded to the payment method used when ordering. bank rules regarding the payment which will be refunded to the credit card reserved.
7- PRODUCTS USED IN RIGHT OF WITHDRAWAL
7.1. Produced in accordance with requests and demands special receiver or on changes or additions performed on goods that are made individually; BUYER not use the right of withdrawal. In addition, Purchaser, as nature cannot be returned, rapid deterioration or expired the possibility that goods cannot use the right to withdraw the case. That’s why; recipient’s request, or clearly prepared in accordance with his personal needs, not suitable to be returned as the nature, underwear sub-components, swimwear and bikini bottoms, cosmetics, disposable products, rapid deterioration in danger or audio expired the possibility that goods or video recordings, software programs and computer refund if the package was opened by the Purchaser of the supplies required by the regulation is impossible.
7.2. Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, intact and unused. Only in this condition, they can be returned.
7.3. In case the product requested to be returned by the BUYER is one of the products listed in article 7.1 and 7.2. of this contract; or in case it does not meet the conditions specified in the article 6.1. of this contract, this situation will be immediately notified to the BUYER by the SELLER.
8- BUYER DEFAULT
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
9- BUYER’S REPRESENTATIONS AND UNDERTAKINGS
9.1. BUYER undertakes that all information including its tax number and the tax office is true and accurate, and that it shall immediately compensate SELLER for any and all losses SELLER may suffer due to inaccuracy of such information upon SELLER’s primary notice.
9.2. BUYER declares that it has reviewed the Form provided with regard to all matters including the essential features-specifications of the Product, sale price, delivery procedures, refund and withdrawal right and contact information, all legally required has been made to the BUYER, and it has digitally accepted the Form.
9.3. BUYER agrees to abide by the relevant legislation while using the Application. In no event shall the BUYER use the website against public order or public morals, for disturbing and harassing others, for illegal purposes, in breach of others’ material and moral rights. BUYER may also not engage in acts preventing others from using the Application or making it difficult for others to use the Application (spam, virus, trojan horse etc.). All legal and penal liability shall be exclusively borne by the BUYER otherwise. SELLER’s rights to initiate legal action against the BUYER for breach of legislation or the Agreement are reserved.
9.5. BUYER may not use more than one promotion, campaign or gift coupon on the same order unless expressly announced otherwise on the website.
9.6. BUYER shall examine the Products subject to the Agreement prior to accepting delivery. BUYER shall be liable for accepting delivery of damaged and defective Products such as damaged, crushed, broken Products and Products with ripped packages or for failure to immediately inform SELLER regarding missing Products. Product delivery of which has been accepted by the BUYER is otherwise deemed to be free of harm, complete, intact and conforming to the requests in the Order.
9.7. Product will be delivered to the address provided by the BUYER while placing the order. BUYER may not change the address after the completion of the order. The SELLER assume no liability in the event the BUYER or the specified recipient is not present in the delivery address, the said persons refuse to take delivery of the Product or if the address is incorrect, and the SELLER will be deemed to have made full and complete performance in this case. Any and all losses arising from the BUYER’s late acceptance of the delivery of the Product as well as any and all costs arising in connection with the Product being held due to BUYER’s fault and/or return of the Product to the SELLER due to non-delivery shall be borne by the BUYER.
10.1. The parties agree that in disputes arising from the implementation and interpretation of the Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where the residence is located, up to the value announced by the Turkish Ministry of Science, Industry and Technology.
10.2. The SELLER can make its applications regarding complaints and objections to the arbitration committee or consumer court for consumer problems in the place where it purchases the goods or services or where it resides, within the monetary limits determined by the Turkish Ministry of Science, Industry and Technology in December every year. Information on the monetary limit is below:
To be effective from the date of 1/1/2022:
a) To District Consumer Arbitration Committees in disputes under 10.280 (ten thousand two hundred and eighty) Turkish Liras.
b) To Provincial Consumer Arbitration Committees in disputes between 10.280 (ten thousand two hundred eighty) Turkish Liras and 15.430 (fifteen thousand four hundred thirty) Turkish Liras in provinces with metropolitan status.
c) To Provincial Consumer Arbitration Committees in disputes under 15,430 (fifteen thousand four hundred and thirty) Turkish Liras in the centers of provinces that are not metropolitan.
This Agreement is made for commercial purposes.
11. MISCELLANEOUS AND FINAL PROVISIONS
11.1. BUYER accepts, declares and undertakes that he has read the Preliminary Information Form regarding the basic characteristics, sales price and payment method of the product subject to the contract, as well as the right of delivery and withdrawal, on the website named https://etnashirts.com/ belonging to the SELLER, and has given the necessary confirmation in the electronic environment.
11.2. By confirming this contract electronically, the BUYER has confirmed that he has obtained the correct and complete information regarding the address to be given to the consumer by the Seller, the basic features of the ordered products, the price of the products including taxes, payment and delivery information and the right of withdrawal before the conclusion of the distance contracts. It is possible.
11.3. The SELLER is obliged to deliver the contracted product in good condition, complete, in accordance with the qualifications specified in the order and together with the warranty documents and user manuals in cases where delivery is mandatory in accordance with the legislation.
11.4. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
11.5. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
11.6. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
11.7. The member who violates one or more of the articles listed in this distance selling contract is personally responsible for this violation, criminally and legally, and will keep the SELLER separate from the legal and penal consequences of these violations. Moreover; In the event that the incident is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with this contract.
11.8. The SELLER has no responsibility in the event that its obligations in the Contract and other side protocols cannot be fulfilled due to Force Majeure or other reasons that are not objectively due to its own fault.
In the event that the payment for the order placed on the site is made, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that the BUYER has read and accepted it.
TERMS AND CONDITIONS
All rights to the present Website https://etnashirts.com (the “Website”) are reserved by the TB MANAGEMENT DANIŞMANLIK HİZMETLERİ VE YÖNETİM A.Ş. (“Owner”).
Your personal data by contacting us; a) find out if it has been processed, b) request information if it has been processed, c) to find out the purpose of processing and whether it is used for its intended purpose, d) It is transferred domestically/ abroad know the contacts, d) if it is incomplete/ incorrectly processed, do not ask for it to be corrected, e) Article 7 of the KVKK. request to be deleted / destroyed in accordance with the conditions stipulated in the article, f) request notification of transactions made in accordance with paragraphs (d) and (e) above to the third parties to whom it has been transferred, g) objection to the emergence of a result against you due to the fact that it is analyzed exclusively by automated systems, d) You have the right to demand compensation for the damage if you suffer damage due to its processing in violation of the law. Your requests regarding your rights listed above as a related person you can forward it to email@example.com
We will evaluate and finalize incoming requests no later than 30 days.
ACCESS TO THE WEBSITE
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.
Including, but not limited to, any computer viruses, Trojans and similar malicious software (malware) that may be disclosed as a result of the use of the Website, the use of data and information presented and provided on the Website, behavior based on this data and information or access to the Website, the Owner is not legally or criminally liable for any and all direct and indirect damages, losses, damages and/or losses that may be incurred by Users, Participants or other third parties for any reason. Users accept, declare and undertake in advance that they will not make any claims or claims from this Website under any name due to the aforementioned damages.