Distance Sales Contract
74 İSTANBUL KÜLTÜR SANAT ORGANİZASYON VE REKLAM ANONİM ŞİRKETİ DISTANCE SALES CONTRACT
- PARTIES TO THE CONTRACT
This Distance Sales Contract (“Contract”) has been executed electronically between
74 İSTANBUL KÜLTÜR SANAT ORGANİZASYON VE REKLAM ANONİM ŞİRKETİ ("Seller" or “ISTANBUL’74”) registered at Vişnezade, Süleyman Seba Cd. No:19, 34357 Beşiktaş/İstanbul/Turkey and the person ........... resident at ........... (“Buyer”) who bought products from www.istanbul74.com?? (“Website”) who have agreed to the terms and conditions determined herein.
- Seller’s Title:
74 İSTANBUL KÜLTÜR SANAT ORGANİZASYON VE REKLAM ANONİM ŞİRKETİ
- Seller’s Address: Vişnezade, Süleyman Seba Cd. No:19, 34357 Beşiktaş/İstanbul/Turkey Seller’s Telephone Number: ..........
- Seller’s E-mail Address: firstname.lastname@example.org
- SUBJECT AND SCOPE OF THE CONTRACT
This Distance Sales Contract ("Contract") has been executed in accordance with the Consumer Protection Code Numbered 6502 ("Code") and Distance Contracts Regulation ("Regulation"). The Parties accept and declare that they know and understand their rights and obligations determined in the Code and Regulation as pursuant to this Contract.
The subject of this Contract is the rights and obligations of the parties determined in the Code and Distance Contracts Regulation, pursuant to the Buyer ordering products of ISTANBUL’74 online on the website www.istanbul74.com?? (“Website”) belonging to ISTANBUL’74 and pursuant to the sale and delivery of products with the qualifications specified in the Contract.
- MATTERS THE BUYER HAS BEEN INFORMED PRIOR
The Buyer agrees that he has reviewed, read, understood and has been informed of all general-specific disclosures on the relevant pages and sections of the Website prior to the execution of this Contract by the Buyer before its obligation to pay:
- a) Seller's title, contact information and up-to-date identifying information,
- b) Confidentiality, data usage/processing and electronic communication rules applied by the Seller regarding the Buyer’s information and the permissions granted by the Buyer to the Seller in this regard, the Buyer’s legal rights, the Seller’s rights and the procedures for using such rights,
- c) Payment method-tools accepted by the Seller for the payment of the products subject to the contract and the basic features and qualities of the products, the total price thereof including taxes (the total price to be paid by the Buyer to the Seller including the related expenses),
- d) Information on the procedures regarding the delivery of the product to the Buyer and the shipping-delivery-cargo costs,
- e) Other payment/collection and delivery information related to the product and information regarding the performance of the Contract, the responsibilities of the parties in these thereto,
- f) Products and other goods and services for which the Buyer does not have the right to withdraw,
- g) In cases where the Buyer has the right to withdraw, the Buyer shall lose his right to withdraw, if the right, with the conditions and duration of the right to exercise this right, are not used within the period of the right,
- h) Subject to products with the right of withdrawal, if the product is broken or changed due to not being used in accordance with the instructions, usual operation or technical features within the withdrawal period, the Buyer's withdrawal request may not be accepted and will be liable to the Seller in any case. In such cases, it may deduct an amount it deems appropriate for the aforementioned disorder or change without reimbursement to the Buyer,
- i) Where it has the right to withdraw, how it can return the Products to the Seller and all relevant financial issues (including return routes, costs and discounts and deductions that may be made for the reward points earned / used by the Buyer during the return of the product price and return),
- j) Details of the benefiting conditions (special conditions) regarding the various opportunities that may be applied from time to time on the Buyer's Website,
- k) According to its nature, since all the terms of sale included in this Agreement and this Agreement are sent to the Buyer by e-mail after being approved by the Buyer on the Website, the Seller can be stored for a period of time requested by the Buyer, and the Seller can also be accessed for three years. that he can hide before him.
- l) In case of dispute, the Buyer's contact information to the Seller can be made to the District/Provincial Arbitration Committees and the Consumer Courts in accordance with the relevant provisions of the Code.
- BASIC CHARACTERISTICS AND PRICE OF THE PRODUCT (INCLUDING VAT)
Total Amount (Including VAT)
The determined prices and promises are valid until they are updated or changed. The prices (discount, etc.) determined for a period of time are valid until the end of the specified period (until the end of the discount period).
THE PRODUCT PRICE IS COLLECTED FROM BY THE BUYER VIA IYZICO UNDER THE PAYMENT PROTECTION SYSTEM BY ISTANBUL’74.
- DELIVERY AND DELIVERY METHOD OF THE PRODUCT
The Contract enters into force when the Buyer orders the product and the deed is performed with the delivery of the product from the Seller to the Buyer. The product will be delivered to the address and person(s) specified by the Buyer.
- DELIVERY AND ITS EXPENSES
Unless specified otherwise, the delivery expenses to the Buyer. If the Seller declares on the Website that the delivery fee will be covered by itself, the delivery expenses will belong to the Seller.
Without prejudice to when delivering the product subject to the order is impossible, the delivery of the product will be made within the committed period after payment thereof.
If, for any reason, the product price is not paid by the Buyer or the payment is canceled, ISTANBUL’74 is deemed free from the obligation to deliver the product.
If the Buyer cancels its order after the product is shipped by ISTANBUL’74, but before it is received himself, the Buyer is responsible for the delivery costs.
In cases where it is impossible to fulfill the performance of the product subject to the order, ISTANBUL’74 will inform the Buyer within 3 (three) business days from it is aware of this and return all payments collected within 10 working days from the notification date. The transfer period of the reimbursement fee to your credit card or account depends on your bank, and ISTANBUL’74 has no say over this period.
- DECLARATIONS AND WARRANTIES OF THE BUYER
The Buyer declares that he has read the frequently asked questions uploaded by ISTANBUL’74 and has knowledge regarding the basic qualities, sales price and payment type, delivery and delivery cost of the product subject to the Contract on the Website, and gives the necessary confirmation in electronic environment.
By giving electronic confirmation, the Buyer confirms that the address that must be given to the Buyer by ISTANBUL’74 prior to the conclusion of the distance contract, as well as the basic features of the ordered product, the price of the product, including taxes, payment and delivery and delivery price are correct and complete. In the event that it receives the product subject to the Contract, which is clearly damaged and defective, packaging is ripped due to the cargo company etc., the responsibility regarding this belongs to the Buyer himself.
In case the bank or financial institution does not pay the product price to ISTANBUL’74 due to the unfair or unlawful use of the credit card by the unauthorized persons (without the Buyer’s fault) after the delivery of the product, the Buyer is obliged to return the product to ISTANBUL’74 within 3 (three) days. In this case, delivery expenses belongs to the Buyer.
- DECLARATIONS AND WARRANTIES OF THE SELLER
ISTANBUL’74 is responsible for delivering the product to the Buyer subject to the Contract in accordance with the Code and other legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
If ISTANBUL’74 cannot deliver the product within due time due to force majeure or extraordinary situations preventing transportation, it is obliged to notify the Buyer within 3 (three) business days from the date of learning such case.
If the product subject to the Contract is to be delivered to another person from the Buyer, the Seller cannot be held responsible for the person not to accept the delivery.
- RIGHT TO WITHDRAWAL
The Buyer may exercise his right to withdraw within 14 (fourteen) days from the date of receiving the product, without having any legal or criminal liability and without the need to state any reason. The Buyer may also use his right of withdrawal within the period until the product is delivered.
Within 14 (fourteen) days after the Buyer's right of withdrawal (provided that the product is eligible for refund), all payments made by the Buyer to the Seller or intermediary service provider regarding the relevant product are sent to the payment instrument used by the Buyer will be returned appropriately and without any cost or obligation to the consumer and in one installment. For purchases made using credit, in case the right of withdrawal is used in due manner, the product price will be returned to the account associated with the credit.
- WHEN THE RIGHT TO WITHDRAWAL MAY NOT BE EXERCISED
Pursuant to the Code and other legislation, the Buyer cannot exercise the right of withdrawal in the following situations:
Contracts related to the delivery of products that are prepared in accordance with the wishes of the Buyer or clearly for his personal needs, which are not suitable for return due to their nature, and that are at risk of deterioration or may expire; the protective elements such as packaging, tape, seal, package are opened after delivery; Products that are not suitable for return due to health and hygiene products that are mixed with other products after delivery and that cannot be separated by nature; Before the end of the right of withdrawal, contracts regarding the services that started with the approval of the consumer; intangible goods delivered instantly to the consumer with electronic services (gift cards, gift vouchers, money substitutes, etc.).
- DISPUTE RESOLUTION
The responsibility for the product sold under the Code and Regulation belongs to ISTANBUL’74 itself. However, the Buyer may assert the related complaints to the products he bought from ISTANBUL’74 and ISTANBUL’74 will provide all possible support for solving the problem.
For disputes related to this Contract; the District/Provincial Arbitration Committees in the Purchaser's place of residence or where the residence is located (up to the value declared by the Ministry of Customs and Trade every year), and the Consumer Courts are competent in the disputes over this value.
- PRODUCT PRICE
The cash or installed sales price of the product is the price available in the invoice sent to the Buyer along with the information e-mail sent at the end of the order. Discounts and other applications made by ISTANBUL’74 are reflected in the sales price.
- DEFAULT AND ITS LEGAL CONSEQUENCES
In case Buyer is in default due to his transactions with his credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement that the bank has made with him. In this case, the bank may take legal action. The Buyer will be liable for the loss and loss incurred by ISTANBUL’74 due to delayed performance of the Buyer's debt, for any delays due to the Buyer's debt.
- INTELLECTUAL PROPERTY
The “ISTANBUL’74” brand and its logo, as well as any brand, design, logo, commercial presentation, slogan and any other content created by ISTANBUL’74 are the property of ISTANBUL’74. The Buyer may not use, share, distribute, exhibit, duplicate and derive any work derived from ISTANBUL’74 without the permission of ISTANBUL’74 and any intellectual and industrial property rights.
- PROTECTION OF PERSONAL DATA
- NOTIFICATION AND EVIDENCE AGREEMENT
Any correspondence between the parties under this Contract shall be made via e-mail, except for the compulsory cases listed in the legislation. Evidence in the context of Article 193 of the Code of Civil Procedure of this article will constitute binding, definitive and exclusive evidence of the electronic records and computer records kept by ISTANBUL’74's official books and commercial records in its own database and servers in disputes that may arise herein.
This Contract, consisting of 17 (seventeen) articles, was read by the parties and entered into force by confirmation by the Buyer on the date he ordered the product(s).