WARNING
The contract and information form on this page have been prepared in printed form. In the legal processes related to your order, the contract and forms hosted on our website and filled with your order information can be presented upon request from our site.
1-PARTIES
SELLER:
Title: EMAKS PRIME DOOR AND FURNITURE AKS. İTH. İHR. SAN. TİC. LTD. ŞTİ.
ADDRESS : Selahaddin Eyyübi Mh. 1580 Sk. No:14
Kat:3 Esenyurt-İstanbul
Tel : 0212 868 28 28
E-Mail: [email protected]
RECEIVER:
Name/Surname/Title: ______________________
Address: ______________________
Phone: ______________________
E-Mail: ______________________
T.C. Number: ______________________
2- DEFINITIONS
In the application and interpretation of this Agreement, the terms written below will express the written explanations opposite them.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
Website: The website named emaksprime.com belonging to the SELLER,
SELLER: A real or legal person, including public legal entities, who offers goods to consumers for commercial or professional purposes or acts on behalf of or on behalf of the person offering the goods,
Agreement: This Agreement concluded between the SELLER and the BUYER,
Parties: The SELLER and the BUYER,
Product or Products: All kinds of products that are the subject of shopping.
3- SUBJECT OF THE CONTRACT
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 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, regarding the sale and delivery of the product, the characteristics and sales price of which are specified in this Contract, which the BUYER ordered electronically from the website named emaksprime.com belonging to the SELLER.
4- PRELIMINARY INFORMATION
The BUYER accepts that he/she has reviewed, read, understood and provided with the necessary information in all general and specific explanations in the relevant sections of the Website before the BUYER accepts and establishes this Agreement on the Website and before placing an order or assuming the payment obligation.
a) SELLER’s title, contact information and current introductory information,
b) Appropriate tools and methods for the stages of the sales process during the purchase of the products from the Website and for the correction of incorrectly entered information,
c) The confidentiality, 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 the parties to use their rights,
d) Shipping restrictions for the products as set forth by the SELLER,
e) Total price including taxes and payment methods accepted by the SELLER for the Products subject to the contract (total amount to be paid by the BUYER to the SELLER, including relevant expenses),
f) Information on the procedures for delivering the products to the BUYER and shipping-delivery-cargo costs,
g) Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
h) Products and other goods and services for which the BUYER does not have the right of withdrawal,
i) 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 the right of withdrawal if the right is not exercised within the time limit,
j) For Products with a right of withdrawal, if the Product is 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 deduct an amount it deems appropriate for the damage or change in question from the refund it will make to the BUYER.
k) In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters,
l) The conditions for benefiting from various opportunities that may be applied from time to time on the BUYER’s Website,
m) In case of dispute, the BUYER can submit his 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.
5- PRODUCT INFORMATION SUBJECT TO THE CONTRACT
Type and kind of products, Quantity, Brand/Model, Color, Sales Price Including Taxes (as quantity x unit price) are as stated below.
History: ______________________
The type and kind of products, quantity, brand/model and color sales price are as stated above.
Payment Method: ______________________
Shipping address : ______________________
Amount to be Paid: ______________________
Products Purchased: ______________________
Delivery Address : ______________________
Person to be Delivered : ______________________
Billing Address : : ______________________
Order Date : ______________________
Delivery Method: ______________________
6- RIGHT OF WITHDRAWAL
The seller undertakes that the consumer has the right to withdraw from the contract by rejecting the goods or services within fourteen days from the date of receipt without giving any reason and without paying any penalty fee, and to take back the goods as of the date the withdrawal notification reaches the seller/provider. In order for the return transactions to be carried out, before sending the product you want to return, a message must be sent to the e-mail address on the contact page of our website under the message subject of “Product Return Request” and with the order number. Notifications made by means that are not valid and whose proof is controversial, such as telephone, fax and e-mail, are deemed not to have been made. Based on your return request, our company will send you a confirmation that your return request has reached us.
7- PROVISIONS REGARDING THE USE OF THE RIGHT OF WITHDRAWAL AND RETURN OF THE PRODUCT
7.1. Returns cannot be made for products without invoices and damaged original packaging.
7.2. Returns of products whose original packaging has been damaged, lost its resalability, used, damaged, cannot be purchased by another customer, or damaged are not accepted.
7.3. You must send all copies of the product you want to return, the original invoice, and your return tracking number, and fill out the return form. Before sending the product, the customer must fill out the Return Form and submit a Return Application and must not send the product before the application is approved. Products sent in this manner will not be accepted by our company and will be returned. Our company will send you a confirmation message regarding your return request.
7.4. The shipping fee for the products you want to return is covered by our company. In order to benefit from free shipping, you must deliver your package to the Seller’s address specified above with Aras Cargo. The shipping fee for returns sent with other cargo companies belongs to the buyer.
7.5. The return of cosmetic products is possible if the products are kept by the buyer in accordance with the return conditions.
7.6. The incoming product is first examined by us. If it complies with the above conditions, the return process is initiated. When the return is approved, the product fee is refunded to your bank card or credit card within the legal period of 14 days. This period begins when the withdrawal notice reaches us. The period for the return to be reflected in your account is at the discretion of your bank.
7.7. The customer is obliged to return the product in the same condition as when it was delivered to them and, if used, to compensate for the loss of commercial value of the product due to use.
7.8. It should be noted that only products purchased through our website can be returned and exchanged.
8- PROTECTION OF PERSONAL DATA
8.1. Name, surname, e-mail address, Turkish Republic Identity number, contact data, financial/monetary data of the BUYER, which can be defined as personal data within the scope of the Law No. 6698 on the Protection of Personal Data;
It may be recorded, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates, for the purpose of taking orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, being used in marketing activities regarding orders, products and services, updating the information of the BUYER, managing and maintaining memberships, and fulfilling the distance sales contract and other contracts established between the BUYER and the SELLER, and ensuring that the technical and logistic functions of third parties are fulfilled on behalf of the SELLER.
8.2. In accordance with the current legislation, SELLER may send commercial electronic communications to BUYER via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools for the purposes of promotion, advertisement, communication, promotion, sales and marketing regarding products and services, credit card and membership information, transactions and applications, and BUYER has accepted to receive commercial electronic messages.
8.3. SELLER has taken the necessary measures for the security of the information and transactions entered by BUYER on the Website. However, since the said information is entered from BUYER’s devices, BUYER is responsible for taking the necessary measures, including those regarding viruses and similar harmful applications, to protect them and prevent them from being accessed by unrelated persons.
8.4. BUYER may contact SELLER through the specified communication channels and request the cessation of data processing. According to BUYER’s explicit notification on this matter, personal data transactions are cessation within the legal maximum period; In addition, if the BUYER wishes, the information other than those that are legally required to be preserved and/or possible will be deleted from the data recording system or will be anonymized in a way that will not reveal their identity. The BUYER may, if he wishes, always apply to the SELLER and receive information on matters such as the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction of incomplete or incorrect information, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to the emergence of a result against him by means of analysis with automatic systems, the compensation of damages incurred due to the processing of data in violation of the law. The said applications will be examined and the BUYER will be contacted within the legal period and within the periods stipulated in the legislation.
9- OTHER PROVISIONS
9.1. Applications regarding complaints and objections may be made to the consumer arbitration committee or authorized consumer court in the place where the consumer/Buyer purchased the product or resides, within the monetary limits determined by the Ministry of Science, Industry and Technology every December.
9.2. In case the addresses specified by the parties at the time of signing this contract change, they are obliged to immediately notify the new notification addresses in writing by registered letter with return receipt clearly stating that it is related to the address change. Otherwise, the notifications made to the old address shall be deemed to be valid in accordance with the legal legislation.
9.3. The sale of the product subject to this contract made by the SELLER is intended for the final consumer. If the Seller suspects that the BUYER purchased the product for resale purposes or detects signs regarding this issue, it may terminate the contract unilaterally and for just cause.
9.4. The stamp duty related to this contract will be paid by the SELLER
9.5. The information provided in this contract is provided for commercial purposes in accordance with the distance communication tools used and within the framework of good faith principles, in a manner that will protect minors and adults who lack the power of discrimination or who are limited.
10- DECLARATION OF THE BUYER
The BUYER declares that he/she has read and is informed about the Preliminary Information in Article 3 of this Agreement, including the basic characteristics of the contractual product, its sales price, payment method and all information regarding delivery, and that he/she has given the necessary confirmation electronically.
11- CONDITION OF AUTHORITY
In disputes arising from this Agreement, Istanbul Courts of Justice and Enforcement Offices and the consumer arbitration committee or consumer courts where the Buyer purchased the goods or where he/she resides are authorized.
12- PLACE AND DATE OF SIGNATURE
This Distance Selling Agreement has been concluded electronically on the date and time of ____ and a copy has been sent in electronic format to the BUYER’s e-mail address specified in Article 1 of this agreement.