Distance Selling Agreement
This Agreement includes the following items that the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's electronic commerce website http://www.beymen.com ('WEBSITE'), including the cases where he/she makes transactions with the application on his mobile device. It regulates the rights and obligations of the parties regarding the sale-delivery of the product/services ('Product/Products') to the BUYER and other matters. After the BUYER confirms this Agreement on the WEBSITE, the price and expenses of the Product(s) he ordered will be collected via the payment method he chose.
Article 1 - PARTIES
Title: MIİN LEATHER TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Address: Sümer Mah. Prof. Dr. Turan Güneş Cad. No:38/2
Phone: 90 212 665 91 92
Mersis Number: 0621-0794-8390-0001
Tax Number: 6210794839
Name, Surname / Title: ……..
Article 2 - CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
The subject of this Agreement is the determination of the rights and obligations of the Parties regarding the SELLER's commitment to sell and transfer the product that the BUYER wishes to order from the WEBSITE and whose qualifications are specified below, in return for the full payment of the price specified in this Agreement.
Delivery Information, including the Type and Type, Quantity, Brand/Model/Color, Unit Price(s) and Sales Price of the Products (goods/services), Payment (collection) Information and 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 delivery from another nearby branch to be notified by the SELLER (Necessary information in this regard will be given to the BUYER by e-mail/mail, SMS or telephone). Other delivery-related issues are set out in Article 7 of the Contract below.
- Product/Service Description Price TL
- ORDER PAYMENT TOTAL (VAT included) TL
- Payment method
- Card number
- Delivery Information
- Delivery address :
- Person to be delivered:
- Delivery Time (Estimated Delivery to Cargo):
- Billing Information
- Billing address :
- Telephone :
- Email :
BUYER can call 0 212 665 91 92 Customer Services free of charge to get information about their orders and submit their complaints and send a written notification to email@example.com e-mail address.
Article 3 - ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
BUYER acknowledges and confirms that he/she has been informed about the following issues by seeing and examining all general and specific explanations on the relevant pages and sections of the WEBSITE, before this Agreement is accepted and established by the BUYER on the WEBSITE and before entering into the order and payment obligation. The SELLER's title and contact information and current introductory information, the stages of the sales transaction when purchasing the Product(s) from the WEBSITE, and appropriate tools and methods for correcting incorrectly entered information, the Professional Chamber (ITO-Istanbul) to which the SELLER is a member. Chamber of Commerce) and electronic communication information that can be obtained by ITO's rules of conduct regarding the profession (Phone: 4440486, www.ito.org.tr) Confidentiality applicable to BUYER information applied by the SELLER, data use-processing and electronic communication to the BUYER rules 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 procedures for exercising the rights of the parties, the shipping restrictions stipulated by the SELLER for the Products, the payment method accepted by the SELLER for the Product(s) subject to the contract. - about the basic features and characteristics of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the relevant expenses), the procedures for the delivery of the Products to the BUYER and transportation-delivery-cargo costs. informations,
Other payment/collection and delivery information regarding the Products and information regarding the performance of the Contract, commitments and responsibilities of the parties in these matters, Products and other goods-services for which the BUYER does not have the right of withdrawal, conditions for using this right in cases where the BUYER has the right to withdraw, If the right is not exercised within the period and procedure, the BUYER will lose his/her right of withdrawal, and in the case of the Products with the right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period, the BUYER's request for withdrawal may not be accepted. and in any case, it will be responsible to the SELLER, in cases where the SELLER accepts, it may collect an amount it deems appropriate according to the defect or change in question, by deducting it from the refund to be made to the BUYER, and in cases where it has the right of withdrawal, how to deliver the Products to the SELLER. to the BUYER for all financial matters that can be returned and related (return methods, costs and refund of the product price and reward points earned/used by the BUYER during the return, free products in campaign sales, other free/discounted/discounted opportunities provided, gift vouchers, etc.). including discounts and deductions that can be made from the refund and additional collections from the BUYER in cases where it is not sufficient), in case the BUYER is a legal person, the right of withdrawal for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case). 'consumer rights' cannot be exercised, and since this Agreement and all other sales conditions included in this Agreement, depending on its nature, are sent to the BUYER by e-mail after being approved and established by the BUYER on the WEBSITE, they can be stored and accessed by the BUYER for a period of time requested by the BUYER, and the SELLER and can keep it for three years. Process-applications regarding privacy, personal data and electronic communications,
In case of dispute, the BUYER can submit his/her complaints to the SELLER using 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.
Article 4 - RIGHT OF WITHDRAWAL
BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty. BUYER submits the right of withdrawal notification via the Create Refund Request option in the "My Orders" section of the website. After receiving the BUYER's declaration of withdrawal, the SELLER provides confirmation information to the BUYER that the notification has been received. However, there is no right of withdrawal in contracts regarding the following goods/services that have not been used/utilized by law, even if they have not been used/utilised:
Goods prepared in line with the BUYER's special requests or his personal needs (including those made special for the person/personal needs by making changes or additions, including special Products imported/procured from within the country or abroad based on the BUYER's order), cosmetics, etc. and chocolate etc. Goods that are perishable or may expire quickly, such as foodstuffs, cosmetics, swimwear, underwear, etc. Goods whose protective elements such as packaging, tape, seal and package have been opened after delivery and whose return is not suitable for health and hygiene. Goods that are mixed with other products after delivery and cannot be separated due to their nature. Books, CDs, DVDs whose protective elements such as packaging, tape, seal and package have been opened. , audio and video recordings, software, etc. All kinds of digital content products and computer consumables; vi) all services performed instantly in the electronic environment and all kinds of intangible goods delivered instantly to the consumer, goods or services whose prices change depending on fluctuations in the financial markets and are not under the control of the seller/provider, periodicals such as newspapers and magazines, except those provided within the scope of the subscription agreement, on a certain date. or accommodation, goods transportation, car rental, food and beverage supply, and leisure time services for entertainment or recreation, services that are started to be performed within the right of withdrawal period with the approval of the BUYER, and generally other services that are considered outside the scope of distance sales in accordance with the relevant legislation. goods and services and cases where the BUYER purchases for commercial/professional purposes. In cases where the right of withdrawal is possible, the BUYER is responsible by law for any changes or deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if there is any change or deterioration in the Product due to not being used in accordance with the usage instructions, technical specifications and operation until the date of withdrawal, the BUYER may lose his right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the Product to be returned up to the change / deterioration.
In cases where the right of withdrawal exists, it is sufficient for the BUYER to send a clear notification to the SELLER (verbally/in writing or via the system to the contact addresses specified above) within the legal 14-day period that he/she exercises the right of withdrawal. If the right in question is exercised within the period, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the BUYER's expense. If a contracted cargo company for product returns is specified on the WEBSITE, the BUYER can send the Product from a branch within or outside the District, in which case the BUYER will not be charged.
In this return process, the Product must be delivered complete and undamaged, including its box, packaging and standard accessories, if any. In addition, in accordance with tax legislation, in cases where a Return Invoice is required to be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned together with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued).
'The address to which the product will be returned, the SELLER address / the address of the cargo company to which it was delivered for return.' Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of withdrawal notification to the SELLER, the Product price and, if any, the delivery costs of the Product to the BUYER will be refunded to the BUYER in accordance with the payment instrument used when purchasing the Product. is done.
BUYER's legal rights and responsibilities regarding the Products after the withdrawal period and SELLER's rights and obligations from the BUYER, including contractual and legal collection-offset rights, including those related to reward points, free/discounted/discounted sales, are also available. and is valid. If the Seller thinks that the performance of the goods/service has become impossible, the Seller or the Intermediary Service Provider, in case the Seller or the Intermediary Service Provider collects the fee on behalf of the Seller, notifies the Consumer within 3 (three) days from the date of learning of this situation. In this case, the paid price and documents, if any, are returned to the Consumer within 14 (fourteen) days.
Article 5 - SPECIAL CONDITIONS TO BE APPLIED WHEN THE BUYER EARNS REWARD POINTS WHILE PURCHASING THE PRODUCT SUBJECT TO THE CONTRACT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS.
5.1. Between an organization that provides reward points etc. and the BUYER and the SELLER, the reward points can be used for discounts etc. on purchases from the WEBSITE of the SELLER. In the presence of a current agreement-contract that allows the BUYER to withdraw from this Agreement and otherwise terminate/ In cases where a refund is required to be made to the BUYER upon order cancellation, the amount (monetary value) of the reward points, gifts and similar earned by the BUYER with the purchase subject to this Agreement will be refunded from the BUYER.
Like; Unless a different method is stipulated in the SELLER's agreement with the relevant organization, if the BUYER has sufficient other reward points (except for the reward points earned through the shopping subject to this Agreement) in the said organization-system, first of all, those reward points will be withdrawn. is made by deducting (offsetting) in cash from the price to be returned by the SELLER to the BUYER.
5.2. The payment made by the BUYER to the SELLER for the purchase of the Product subject to this Agreement will be made partially/fully by reward points, etc. If the Product purchased is returned to the BUYER in accordance with the relevant provisions of this Agreement, the reward points used by the BUYER at the SELLER while purchasing the Product on the WEBSITE, and similar items may be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organization.
5.3. As a general rule, in cases where unfair reward point acquisition or use is detected by the BUYER in any way, the monetary value-amount of the reward points in question may be collected by the SELLER from the BUYER (by credit card, cash and other legal methods). This provision is also valid for the cost of goods given as gifts to the BUYER by the SELLER as a result of the application of such a system.
5.4. Other matters related to the acquisition and use of reward points and similar transactions are subject to the provisions of the agreements-contracts between the organization in question and the BUYER and SELLER, and in relevant cases, the SELLER may exercise all certain rights and powers before the BUYER and the organization, both here and in the said contracts-agreements. It can also carry out the relevant transactions on behalf and/or on behalf of the specified organization and/or other workplaces in the same system.
5.5. Reward points, gift certificates, etc. earned from or used by the SELLER. Cash money requests are not accepted under any circumstances.
5.6. SELLER does not accept any liability for disputes between the BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; The above provisions are valid and reserved.
5.7. The above provisions, if any, also apply comparatively to the earning and use of reward points obtained by the Consumer directly from the SELLER. All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in their payments to the SELLER, thus the BUYER accepts the above special conditions.
Article 6 - RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY
The privacy rules-policy and conditions, the current principles of which are stated below, apply to the protection, confidentiality, processing-use, communications and other matters of information on the WEBSITE.
6.1. Necessary precautions for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken within the system infrastructure of the SELLER, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
6.2. In addition to and confirming the permissions-approvals regarding personal data and commercial electronic communications given by the BUYER in other ways; The SELLER uses the information obtained during the BUYER's membership and shopping on the WEBSITE to provide various products/services by the group companies it is involved in 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 to be made for the purpose, it can be recorded indefinitely or for a period to be determined by the mentioned ones and their successors, stored in printed/magnetic archives, updated, shared, transferred, transferred, used and processed in other ways when deemed necessary. These data may also be forwarded to the relevant Authorities and Courts when required by law. BUYER consents and allows the use, sharing, processing of his 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 scope above, and to make commercial and non-commercial electronic communications and other communications.
6.3. BUYER may stop data use and processing at any time by reaching the SELLER through the specified communication channels and/or communications by legally reaching the SELLER through the same channels or by using the right of rejection in the electronic communications sent to him. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, the data being contrary to the law. You can always contact the SELLER through the above communication channels and get information on issues such as compensation in case of loss due to processing. Applications and requests regarding these matters will be fulfilled within the legal maximum periods or may not be accepted after the legal justification is explained to the party.
6.4. Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/full use; According to the SELLER's agreement, except for those belonging to other third parties; All intellectual-industrial rights and property rights belong to the SELLER.
6.5. SELLER reserves the right to make any changes it may deem necessary regarding the above issues; These changes become valid as soon as they are announced by the SELLER on the WEBSITE or other appropriate methods.
Article 7 - GENERAL PROVISIONS
7.1. The Product subject to the contract is delivered to the BUYER or the third party/organization at the address indicated on the WEBSITE, on the basis of the principles specified below and in Article 2 of this Agreement, provided that the legal 30-day period is not exceeded. SELLER sends and delivers the Products through the contracted cargo company. If this cargo company does not have a branch in the BUYER's location, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER. Products in stock are delivered to the cargo company to be delivered to the person and address specified by the CONSUMER during the order, within seven (7) days at the latest from the order date. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 2 (two) business days under normal conditions, depending on their distance.
7.2 In general and unless expressly stated otherwise, delivery costs (shipping fee, 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 carries out 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 products subject to the order or for some of them (if any, the BUYER's If the SELLER's free shipping (delivery) campaign minimum shopping amount falls below, the entire delivery-cargo fee not collected within the scope of the campaign will be deducted from the amount to be refunded to the BUYER (in cases where the BUYER has paid a delivery-cargo fee, this fee will be refunded). ). Similarly, in cases where the BUYER receives a discount or a free (gift) product of the same nature by purchasing the minimum amount of any SELLER campaign, gift vouchers, etc. In all cases where the right of withdrawal is used for all or part of the products subject to the order, the minimum price in question is dropped below or in any way gift vouchers etc. If the condition of acquisition/use has been eliminated, thus, in general terms, if the terms of benefiting from the campaign/acquisition or usage conditions have been violated or not complied with by the BUYER, the entire discount/discount (if any, as well as the gift product price) will be deducted from the amount to be returned to the BUYER, and in cases where it is not sufficient. It is collected from the payment tool (including credit card, etc.) used during shopping; BUYER can receive (virtual/physical) gift certificates, points, etc. due to his/her purchase. If the winner has won, it will be cancelled, (virtual or physical) gift voucher, points etc. If used, the entire price will be deducted from the amount to be returned to the BUYER, and in cases where it is not sufficient, it will be collected as above. These provisions apply exactly in cases where the right of withdrawal is exercised, as well as in all other cases where product returns are required, except for defective products.
7.3. If the BUYER is not personally present at the address at the time of delivery of the products and the people at the address do not accept the delivery, the SELLER will 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 track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery. In these cases, any damages arising from the BUYER's late receipt of the Product and the expenses incurred due to the Product waiting in the cargo company and/or returning the cargo to the SELLER also belong to the BUYER.
7.4. The BUYER is responsible for checking the Product upon receipt and, if he sees a problem with the Product caused by the cargo, not to accept the Product and to file a report with the Cargo company official. Otherwise, the SELLER will not accept responsibility.
7.5. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the Product price is not paid in full to the SELLER 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. 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 to the SELLER or requests a refund of the price paid, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. If non-payment of the product price is due to a fault or negligence on the part of the BUYER, shipping costs will be covered by the BUYER. All other contractual and legal rights of the SELLER, including tracking that it will receive the Product price without accepting the return, are reserved separately and in any case. In order to avoid any hesitation; In cases where the BUYER pays the sales price with a credit card, installment card, etc. obtained from banks (including financial institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price all at once or gradually are not credit or installment sales for the parties of this Agreement, they are cash sales. The legal rights of the SELLER in cases where sales are legally considered to be installment sales (including the rights to terminate the contract if the installments are not paid and/or demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest is applied at the monthly rate as stipulated by the applicable laws.
7.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the emergency.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Contract, it can supply another good/service with equal quality and price, provided that it clearly informs the BUYER in accordance with the law within three (3) days from the date of learning of this situation and obtains its verbal/written approval. and is thus deemed to have fulfilled its commitment regarding the Agreement. The BUYER is free in all respects to give or not give the approval in question, and in cases where he does not give approval, the contractual-legal provisions regarding order cancellation (Termination of the Agreement) shall apply.
7.8. In order cancellations and contract terminations, including contract-lawful withdrawals, if the Product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund is 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 refund is made by refunding the BUYER's credit card and the product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after the refund of this amount to the bank is made by the SELLER is entirely related to the bank transaction process, the BUYER accepts that it will not be possible for the SELLER to intervene and take responsibility for possible delays (banks' process of reflecting the refund to the BUYER's account usually takes up to three weeks). ). The SELLER has and reserves the right to set off, discount and reduce the amount to be refunded, arising from this Agreement and the law. 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 perform.
7.9. BUYER may communicate his/her demands and complaints regarding the product and sales to the SELLER verbally or in writing by contacting the SELLER communication channels in the introduction part of the Contract.
7.10. Some of the matters written in Article 3 above may not be included in this Agreement due to their nature; However, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as in the sales stages or general information pages/sections of the WEBSITE, depending on their interest.
7.11. Since the BUYER is sent to the e-mail address he notified after his acceptance, he can access and review the said Information and this Agreement at any time by saving and storing the said e-mail on his device. On the other hand, it is kept in the systems of the SELLER for three years.
7.12. SELLER records (including records on magnetic media such as computer-voice recordings) constitute evidence in resolving any disputes that may arise from this Agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 8 - BUYER'S LEGAL APPLICATIONS - COMPETENT JUDICIAL AUTHORITIES
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or, if he wishes, the SELLER's place of residence.
BUYER acknowledges that he has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information (on the WEBSITE), which forms an integral part, the basic features of the Product(s) subject to sale, sales price, payment method, delivery conditions, SELLER and all other preliminary information regarding the Product subject to sale, the right of withdrawal, personal information, electronic communication and reward points conditions, including all matters written in Article 3 of this Agreement, and that he/she has seen all of them electronically on the WEBSITE, and Again, by giving confirmation-approval-acceptance-permission to all of these electronically, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product.
Both the preliminary information in question and this Agreement are sent to the above e-mail address notified 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.
Product/Service Description Price Shipping Fee …. TL