Site Usage and Distance Sales Agreement
Site Usage Agreement
SITE TERMS OF USE
Please read these 'site terms of use' carefully before using our site.
It is assumed that our customers who use and shop on this shopping site have accepted the following terms:
The web pages on our site and all pages linked to it ('site') Alsancak Mh. 1439 Sk. No:16-18 Ä°ç Kapı No.3 Konak/Ä°zmir-Türkiye - Europe Branch: Kingsfordweg 151, 1043 GR Amsterdam-Netherlands KVK: 86902679
It is the property of and operated by SMART PLUS EÄŸitim ve Danışmanlık Hizmetleri Ä°ç ve Dış Ticaret Limited Åžirketi (Company). By using and continuing to use the service on the site, you ('User') are subject to the following conditions while using all the services offered on the site; You agree that you have the right, authority and legal capacity to sign a contract in accordance with the laws to which you are bound and that you are over the age of 18, that you have read and understood this contract and that you are bound by the terms written in the contract.
This contract imposes the rights and obligations of the parties on the site that is the subject of the contract, and when the parties accept this contract, they declare that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the terms requested in this contract.
1. RESPONSIBILITIES
a. The company always reserves the right to make changes on the prices and the products and services offered.
b. The company accepts and undertakes that the member will benefit from the contracted services, excluding technical failures.
c. The user agrees in advance that he will not reverse engineer the use of the site or take any other action for the purpose of finding or obtaining the source code of them, otherwise he will be responsible for the damages that may arise before the third parties and that legal and penal action will be taken against him.
d. The user, in his activities on the site, in any part of the site or in his communications, is against general morality and good manners, is against the law, injures the rights of third parties, is misleading, offensive, obscene, pornographic, injures personal rights, violates copyrights, encourages illegal activities. agrees not to produce or share content. Otherwise, he is fully responsible for the damage and in this case, the 'Site' officials may suspend such accounts, terminate them, and reserve the right to initiate legal proceedings. For this reason, it reserves the right to share information requests from judicial authorities regarding activity or user accounts.
e. The relations of the members of the site with each other or with third parties are under their own responsibility.
2nd. Intellectual Property Rights
2.1. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method in this Site belong to the site operator and owner company or the person concerned, and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any right to such intellectual property rights.
2.2. The information on the site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission.
3. Confidential Information
3.1. The company will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User such as person name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' for short.
3.2. The user can only use promotions, advertisements, campaigns, promotions, announcements, etc. The Company accepts and declares that it consents to the sharing of its communication, portfolio status and demographic information with its subsidiaries or group companies to which it is affiliated, limited to its use within the scope of marketing activities. This personal information can be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile, and to carry out statistical studies.
3.3. Confidential Information may only be disclosed to official authorities if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.
4. Non-Warranty: THIS AGREEMENT ARTICLE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MAKES NO WARRANTY OF ANY KIND, STATUTORY OR OTHERWISE.
5. Registration and Security
The user must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.
The user is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.
6. Force Majeure
not under the control of the parties; Natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power cuts (collectively referred to as "Force Majeure" below) arising from the contract. If the obligations become unfulfillable by the parties, the parties are not responsible for this.In this period, the rights and obligations of the Parties arising from this Agreement are suspended.
7. Integrity and Applicability of the Agreement
If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.
8. Changes to the Contract
The company can change the services offered on the site and the terms of this contract, partially or completely, at any time. Changes will be effective from the date of publication on the site. It is the User's responsibility to follow the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.
9. Notification
All notifications to be sent to the parties related to this Agreement will be made through the known e-mail address of the Company and the e-mail address specified by the user in the membership form. The user accepts that the address he/she has specified while becoming a member is the valid notification address, that he/she will notify the other party in writing within 5 days in case of change, otherwise the notifications to this address will be deemed valid.
10. Evidence Convention
In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees that he will not object to these records.
11. Dispute Resolution
In the resolution of any dispute arising from the implementation or interpretation of this Agreement Judicial Courts and Enforcement Offices are authorized.
​
Distance Sales Agreement​
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A.'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
NAME SURNAME:
ADDRESS:
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about this issue.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Customs and Trade the Ministry,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
title
Address
Phone
Fax
5. BUYER INFORMATION
Person to be delivered
Delivery address
Phone
Fax
Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product DescriptionQuantityUnit PriceSub Total
(VAT included)
Shipping Amount
Total :
Payment Method and Plan
Delivery address
Person to be delivered
Billing address
Order date
delivery date
Delivery method
7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: During invoice order delivery, together with the order to the invoice address
It will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required for the job, free from all kinds of defects, and to perform the work in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER of the situation if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop outside the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. 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. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should 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 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 to submit a letter from the bank of the card holder 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.
9.12. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER, due to the falseness of this information.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations 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.
9.14. 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, infringing 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.
9.15. 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.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. BUYER; In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, on the condition of notifying the SELLER, he can use his right to withdraw from the contract by rejecting the goods without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Underwear, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, which are prepared in line with the BUYER's request or clearly personal needs and are not suitable for return, are delivered to the BUYER. Products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, Instant performance in electronic environment services provided or intangible goods delivered instantly to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, If the packaging of computer consumables has been opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer, in accordance with the Regulation.
In order for cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, tape, etc.) to be returned, their packages are unopened, untested, intact. and they must be unused.
12. CASE OF DEFERRED AND LEGAL CONSEQUENCES
BUYER processes payment The cardholder accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between him and the bank, in case he defaults in the case he made with a credit card. 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.
13. COMPETENT COURT
Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
As of 01/01/2017, the value in applications to be made to consumer arbitration committees for 2017:
a) District consumer arbitration committees in disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces that are not in metropolitan status,
ç) Provincial consumer arbitration committees have been appointed in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in districts of provinces that are not in metropolitan status.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SALES PERSON:
BUYER:
DATE: