Distance Sales Agreement
1 - PARTIES
Seller's Full Address:
Seller Mersis No:
Seller E-Mail Address:
The Cargo Company to which the Buyer will Send the Goods to the Seller in case of Return:
hulyakeser.com Customer Service: 0850 259 34 86
Name and surname :
SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.
The subject of this Agreement; Electronically for the purchase of goods or services of the Seller, from the website of the Buyer's www.hulyakeser.com domain ("Website") of HÜLYA KESER DIŞ TİCARET LİMİTED ŞİRKETİ (“Hülya Keser/Intermediary Service Provider”). It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts, regarding the sale and delivery of the goods or services that are ordered and that have the qualifications specified in the Contract.
The conclusion of this Agreement will not prevent the performance of the provisions of the Website Membership Agreements that the parties have individually concluded with Hülya Keser. They accept and declare that they have no responsibility and commitment.
BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED)
Product Code and Name Quantity Seller Title Unit Price Unit Discount Coupon Points Total Sales Amount Maturity Difference Total Amount Including VAT
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.
Total product price excluding shipping:
Total Cost Including Cargo:
Payment Method and Plan:
Maturity Difference Received:
The interest rate used in the Maturity Difference calculation:
THE PRICE OF THE SUCH PRODUCT IS COLLECTED BY Hülya Keser FROM THE BUYER ON BEHALF OF THE SELLER WITHIN THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS/SERVICES TO Hülya Keser, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE OF THE PRODUCT TO THE SELLER.
DELIVERY AND DELIVERY METHOD OF THE GOODS
The contract has entered into force with the approval of the Buyer in electronic environment and is executed by the delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the specified authorized person(s).
DELIVERY COSTS AND PERFORMANCE
The delivery costs of the goods belong to the Buyer unless there is a contrary provision. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller.
Delivery of the goods; made in the promised time after the payment is made. The Seller delivers the goods or services within 30 (thirty) days from the ordering of the goods or services by the Buyer, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible.
If, for any reason, the price of the goods or services is not paid by the Buyer or the payment is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the goods or services.
The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.
In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall inform the Buyer within 3 (three) days from the date of learning of this situation and, if any, all collected payments, including delivery costs, shall be paid within 14 (fourteen) days at the latest from the date of notification. Will refund within.
DECLARATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and gives the necessary confirmation in electronic environment.
Buyers, as consumers, can submit their requests and complaints using the Seller contact information above and/or via the Contact Us tab on the Website.
The Buyer confirms this Agreement and the Preliminary Information Form electronically, by confirming the address to be given to the Buyer by the Seller before the conclusion of the distance agreements, the basic features of the ordered good or service, the price of the good or service including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Buyer's damaged, broken, torn packaging etc. at the time of delivery. In case of receiving the goods or service subject to the contract, which is clearly damaged and defective, from the cargo company, the responsibility belongs entirely to him.
In case the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons after the delivery of the goods or services, provided that the Buyer has delivered the goods. or return the service to the Seller within 3 (three) days. In this case, the delivery expenses belong to the Buyer.
STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible for the delivery of the contracted goods or services to the Buyer in accordance with the consumer legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
If the Seller cannot deliver the goods or services subject to the contract within the period due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning.
If the goods or services subject to the contract are to be delivered to another person from the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
RIGHT OF WITHDRAWAL
The Buyer may exercise its right of withdrawal within 14 (fourteen) days from the date of delivery in transactions related to the sale of goods and from the date of purchase in transactions related to the sale of services, without undertaking any legal or criminal liability and without giving any reason. The buyer may also use his right of withdrawal within the period until the delivery of the goods.
The buyer can exercise his right of withdrawal by logging into hulyakeser.com and clicking the "Return" link on my Account>Current Order>My Orders on hulyakeser.com. The buyer must fill in the return request form on the relevant page and obtain the return address information of the seller, and send the goods back within 10 (ten) days from the date on which he exercises his right of withdrawal. Along with the goods, the invoice, the box, the packaging, the standard accessories, if any, and the other products gifted with the goods must be returned completely and undamaged. If the buyer uses the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for any changes and deteriorations that occur. Detailed information on the exercise of the right of withdrawal is available on the https://www.hulyakeser.com/iade-ve-degisim/ page on hulyakeser.com.
As long as the buyer sends the goods to be returned to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. In the event that the Buyer sends the goods to be returned by a cargo company other than the Contracted cargo company of the Seller specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost and the damage to the goods during the cargo process.
All payments made by the Buyer to the Seller or Intermediary Service Provider for the relevant goods or services within 14 (fourteen) days from the Buyer's exercise of his right of withdrawal (provided that the goods are returned via the carrier specified by the Seller for return), shall be made to the Buyer. It will be returned at once, in accordance with the payment instrument used while purchasing, without incurring any expense or obligation to the consumer. In purchases made using credit, in cases where the right of withdrawal is duly exercised, the product price will be returned to the account associated with the credit.
Since Hülya Keser IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE BUYER HAS NO RIGHT OF WITHDRAWAL AGAINST HÜLYA KESER AND CANNOT DEMAND A REFUND OR PRODUCT CHANGE FROM HÜLYA KESER.
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the legislation, the Buyer cannot exercise its right of withdrawal in the following cases:
Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the Seller (for example, jewellery, products in the gold and silver category); In contracts for the delivery of goods, which are prepared according to the wishes of the Buyer or clearly in line with his personal needs, which are not suitable for return, which are in danger of spoiling quickly or whose expiration date is likely to pass; From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in contracts for the delivery of those whose return is not suitable in terms of health and hygiene; In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature; In contracts regarding books, audio or video recordings, software programs and computer consumables offered in material media, provided that the protective elements such as packaging, tape, seal, package are opened by the buyer; In contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract; Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time for entertainment or rest, which must be made on a certain date or period; In contracts for the performance of betting and lottery services; Before the expiry of the right of withdrawal, in the contracts regarding the services that are started with the approval of the consumer; and contracts related to services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer (gift cards, gift certificates, coupons that replace money, etc.).
Withdrawal for goods or services that are excluded from the scope of the Distance Contracts Regulation (such as regular deliveries of the Seller, foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, and services in areas such as travel, accommodation, catering, entertainment industry) right will not be exercised.
The cancellation and return conditions of such goods and services offered for sale in the holiday category are subject to the practices and rules of each Seller.
RESOLUTION OF DISPUTES
Responsibility for the goods or services sold within the scope of the Law and the Regulation on Distance Contracts belongs to the Seller. However, the Buyers shall convey their complaints about the goods and services they have purchased to the Sellers directly or through Hülya Keser. If the complaint is forwarded to Hülya Keser, Hülya Keser will provide all possible support to resolve the issue.
In disputes that may arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems in the place where the Buyer purchases the product in the place of residence or where the domicile is located, up to the value declared by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes above the said value.
PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is included in the order form, but is the price included in the invoice sent to the customer together with the information e-mail sent at the end of the order and the product. Discounts, coupons, shipping charges and other applications made by the seller or Hülya Keser are reflected in the sales price.
CASE OF DEFERRED AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card contract signed by the bank 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 shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.
NOTICES AND EVIDENCE AGREEMENT
All kinds of correspondence between the parties under this Agreement will be made through the Contact Us tab on the Website or via e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and Hülya Keser, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence, and that this article will be in accordance with 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of article .
This Agreement, which consists of 14 (fourteen) articles, was read by the parties and concluded and entered into force on 11/09/2019 by being approved by the Buyer in electronic environment.