Sales agreement
1. PARTIES
1. This Distance Sales Agreement ("Agreement");
1. [*] resident at [*] ("Recipient")
With,
Marasiel Elektronik Ticaret ve Lojistik Hizmetleri AŞ, located at the address of 1. Cumhuriyet Mahallesi İncirli Dede Caddesi No 4 Kat 22 Şişli İSTANBUL. ("Seller") in electronic environment within the framework of the terms and conditions set forth below.
2. The Buyer and the Seller shall hereinafter be referred to separately as the Parties and together as the Parties.
2. DEFINITIONS
1. In the implementation and interpretation of this Agreement;
1. Buyer means a natural person who acquires, uses or benefits from a good or service for commercial or non-professional purposes;
2. Ministry, Ministry of Commerce;
3. The subject of any consumer transaction other than the provision of goods made or promised to be performed in return for a service, fee or benefit;
4. The Website includes the website of the Seller named www.linkincard.com;
5. Law, Law No. 6502 on the Protection of Consumers;
6. The seller, the natural or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities;
7. The Orderer, the real person who requests a good or service through the website of the Seller named www.linkincard.com;
8. The product or products, the cards on which the names and surnames are printed, which are the subject of the shopping and which will be prepared on order;
9. Regulation refers to the Distance Sales Regulation published in the Official Gazette dated 27.11.2014.
3. SUBJECT
1. The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and the Regulation regarding the sale and delivery of the Product(s), whose qualifications and sales price are specified by the Buyer, on the website of the Seller. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Law and Regulation under this Agreement.
4. ISSUES WHICH WAS INFORMED BEFORE THE BUYER
1. The Buyer, in the following matters, has examined, read, understood and understood all the general-specific explanations on the relevant pages-sections of the Website before the Buyer accepts this Agreement on the Website and undertakes both the order and the payment obligation. acknowledges that the notification has been made. 1. The Seller's title and contact information and current introductory information,
2. Purpose-appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the Products from the Website,
3. Electronic contact information of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) to which the Seller is a member and the rules of conduct stipulated by the ITO regarding the profession (Telephone: 444 0 486, www.ito.org.tr)
4. Confidentiality, data usage-processing and electronic communication rules applicable to the Buyer information applied by the Seller, and the Buyer's permissions given to the Seller in these matters, the Buyer's legal rights, the Seller's rights and the parties' rights usage procedures,
5. Shipping restrictions stipulated by the Seller for the Products,
6. Payment methods-means accepted by the Seller for the products subject to the contract and the total price of the Products, including the basic features-qualities, taxes (the total price to be paid by the Buyer to the Seller, including the related expenses),
7. Information on the methods of delivery of the Products to the Buyer and the shipping-delivery-cargo costs,
8. Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the Parties' responsibilities in these matters,
9. Products and other goods and services for which the Buyer does not have the right of withdrawal,
10. In cases where the Buyer has the right of withdrawal, the Buyer will lose his right of withdrawal if the right is not exercised in due time with the terms, duration and procedure of using this right,
11. For Products with the right of withdrawal, if the Product is damaged or changed due to not using it in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the Buyer's request for withdrawal may not be accepted and the Seller will be liable to the Seller in any case. in cases where it accepts, it may deduct an amount that it deems appropriate according to the said defect or change from the refund to be made to the Buyer,
12. In cases where there is a right of withdrawal, how to return the Products to the Seller and all related financial issues (including the ways of return, the cost and the discounts and deductions that can be made for the reward points earned/used by the Buyer during the return of the Product price and return),
13. Details of the terms of use (special conditions) regarding various opportunities that may be applied periodically on the Buyer's Website,
14. According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed by the Buyer for the period requested by the Buyer, since it is sent to the Buyer by e-mail after the Buyer has approved and established it on the Website, and the Seller for a period of three years. that he may keep with him, and
15. In case of dispute, the Buyer can submit his/her complaints to the Seller with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law. 1. INFORMATION OF ALL PERSONS UNDER THE AGREEMENT
1. Seller's Information:
Title: Marasiel Electronic Trade and Logistics Services Inc.
Address : Cumhuriyet Mahallesi İncirli Dede Caddesi No 4 Floor 22 Şişli İSTANBUL
Mersis : [*]
Phone : +90 542 280 8251
Fax : [*]
Email address : support@linkincard.com
1. Buyer Information:
Delivery Person : [*]
Delivery address : [*]
Telephone : [*]
Fax : [*]
Email/Username: [*]
1. Ordering Person Information:
Name and surname : [*]
Address : [*]
Telephone : [*]
Fax : [*]
Email/Username: [*]
1. INVOICE INFORMATION
Name and surname : [*]
Address : [*]
Telephone : [*]
Fax : [*]
Email/Username: [*]
1. The invoice will be delivered with the order to the delivery address at the time of order delivery.
1. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the Seller. You can review the basic features of the product during the campaign.
2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Description (Name-Surname Specified in the Order) Quantity Advance Price Subtotal (VAT Included)
[*] [*] [*] [*]
Shipping Amount - [*] [*]
Total [*]
Delivery address : [*]
Delivery Person : [*]
Billing address : [*]
Order date : [*]
Delivery Type : Delivery to the Buyer
1. Additional fees such as shipping fee, any other taxes, duties, etc., which are the shipping cost of the product, shall be paid by the Buyer. 1. GENERAL PROVISIONS
1. The Buyer accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the Product subject to the Contract on the Website and that he/she is informed and gives the necessary confirmation in electronic environment. Buyer's; Confirming the Preliminary Information in electronic environment, accepting, declaring and declaring that he has obtained the address to be given to the Buyer by the Seller before the conclusion of the Contract, the basic features of the ordered Products, the price of the Products including taxes, payment and delivery information accurately and completely. commits.
2. Each Product subject to the contract shall be delivered to the Buyer or the person and/or organization at the address indicated by the Buyer, within the period specified in the preliminary information section of the website, depending on the distance of the Buyer's residence, provided that it does not exceed the legal period of 30 days. If the Buyer fails to fulfill its obligations within this period, the Buyer may terminate the Agreement. The delivery date of the Products specified as "estimated delivery date" on the website is specified as an estimate, and this statement does not include any commitment. These Products will be delivered to the Buyer within 30 days at the latest as specified in the legislation.
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, and the information and documents required by the job, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, in accordance with the standards. It accepts, declares and undertakes to perform within the principles of honesty, to protect and increase the service quality, to show the necessary care and attention during the performance of the work, to act with prudence and foresight.
4. The Seller may procure a different Product of equal quality and price, by informing the Buyer and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.
5. The Buyer shall confirm this Agreement electronically for the delivery of the Product subject to the Contract, and in the event that for any reason the price of the Product subject to the Contract is not paid and/or is canceled in the records of the bank, financial institution, the Seller's obligation to deliver the Product subject to the Contract accepts, declares and undertakes that it will end. The Buyer accepts, declares and undertakes that the Seller has no responsibility for the payments made to the Seller by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
6. The Buyer, 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, if the Buyer's credit card is not paid to the Seller by the relevant bank or financial institution as a result of the unfair use of the Buyer's credit card, The Buyer accepts, declares and undertakes to return the Product subject to the Contract to the Seller within 3 days at the Seller's expense.
7. If the Seller is unable to deliver the Product subject to the Contract in due time due to force majeure situations such as the occurrence of circumstances beyond the Parties' will, unforeseen and preventing and/or delaying the Parties' fulfillment of their debts, it accepts that it will notify the Buyer of the situation. , declares and undertakes. 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 postponement of the delivery period until the obstacle is removed. In case of cancellation of the order by the Buyer, in the payments made by the Buyer in cash, the amount of the Product shall be paid to him in cash and in full within 14 (fourteen) days. In the payments made by the Buyer by credit card, the Product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the Buyer. The Buyer accepts that the average process of reflecting the amount returned to the credit card by the Seller to the Buyer's account by the bank may take 2 (two) to 3 (three) weeks. accepts, declares and undertakes that it cannot hold the Seller responsible for possible delays. 8. 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. It is the Buyer's responsibility to carefully protect the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9. In case 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 delivery of the Product to the Buyer, the Seller shall provide the identity and contact information of the credit card holder with a copy of the credit card used in the order. It may request from the Buyer to present the statement of the previous month or a letter from the bank of the cardholder 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 (twenty-four) hours, the Seller has the right to cancel the order.
10. The Buyer declares and undertakes that the personal and other information provided while subscribing to the Seller's website is true, and that the Seller will immediately indemnify all damages incurred due to the untruthfulness of this information, in cash and in full, upon the Seller's first notification. it does.
11. The Buyer agrees and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the website of the Seller. Otherwise, all legal and penal liabilities to arise will bind the Buyer completely and exclusively.
12. The Buyer may not use the Seller's website in a way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, and infringes 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.
13. Links to other websites and/or other content that are not under the Seller's control 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.
14. The Buyer, who violates one or more of the articles listed in this Agreement, is personally liable for this violation criminally and legally and will keep the Seller free from the legal and penal consequences of these violations. Moreover; In the event that the event is transferred to the legal field due to this violation, the Seller reserves the right to claim compensation against the Buyer for non-compliance with the Agreement. 2. SPECIAL CONDITIONS
1. The Seller, at its sole discretion, offers various campaigns on the Website for the Buyer(s) at various times, the conditions of which are determined by the Seller. Campaigns where it is reflected to the Buyer(s). In so far, the Buyer has the right to return, withdraw, etc. the Products purchased for any reason. In the event that the conditions of the campaign arranged by the Seller cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the Buyer.
2. If the Buyer can benefit from more than one campaign on the same invoice, the campaigns will not be combined, and the Buyer will only be able to benefit from one campaign. The Buyer agrees, declares and undertakes that he will not make any claims in such a case.
3. The Seller reserves the right to stop, update and change the campaign conditions at any time the campaigns announced on the Website. The Buyer is required to review the campaign conditions before each purchase to be made on the Website.
4. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and, if the Seller knows, information about the campaigns is provided on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
3. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
1. Name, surname, e-mail address, T.R. ID number, demographic data, financial data, etc. informations; To receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to use in marketing activities about orders, products and services, in case of prior approval, to update the information of the Buyer and to manage and maintain memberships. It can be recorded indefinitely by the Seller, the Seller affiliates and third parties and/or organizations, kept in written/magnetic archives for the purpose of the performance of the Contract and other agreements concluded between the Buyer and the Seller, and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the Seller. can be used, updated, shared, transferred and processed in other ways. 2. SMS/short message, instant notification by LinkinCard for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of Products and services, in accordance with the applicable legislation, Commercial electronic communications can be made by automatic dialing, computer, telephone, e-mail/mail, fax, other electronic communication tools. The Buyer has accepted to receive commercial electronic messages.
3. Necessary measures for the security of the information and transactions entered by the Buyer on the Website have been taken within the current technical possibilities according to the information and the nature of the transaction, in the Seller's own system infrastructure. However, since the said information is entered from the devices belonging to the Buyer, it is the Buyer's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the Buyer and cannot be accessed by unrelated persons.
4. The Buyer may request the data usage-processing and/or communication to be stopped at any time by contacting the Seller through the specified communication channels. According to the clear notification of the Buyer on this matter, personal data transactions 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, is deleted from the data recording system or anonymized in an anonymous way. If the buyer wishes, he may object to the emergence of a result against him by means of transactions related to the processing of his personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, In case of any damage due to the processing of the SELLER, he/she can always apply to the Seller and obtain information on issues such as the elimination of damage. The said applications will be examined and the Buyer will be returned to the Buyer within the legal period, within the periods stipulated in the legislation.
5. Regarding all kinds of information and content of the Internet Site and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the Seller's agreement; all intellectual and industrial rights and property rights belong to Marasiel Company.
6. On other sites accessed from the Internet Site, their own privacy-security policies and terms of use are valid, and the Seller is not responsible for any conflicts or negative consequences that may arise.
7. If the Buyer pays the Product price via [*] and uses the right of withdrawal regarding this order, the refund of the right of withdrawal will be made to [*].4. RIGHT OF WITHDRAWAL
1. In accordance with the provisions of Article 15 titled "exceptions to the right of withdrawal" of the Regulation, since the subject of this Contract is the goods prepared in line with the Buyer's wishes or personal needs, there is no right of withdrawal from the Contract.
5. RESOLUTION OF DISPUTES
1. In the implementation of this Agreement, Consumer Arbitration Committees and Consumer Courts are authorized in the place where the Buyer purchases the Goods or Services and where he or she resides, up to the value declared by the Ministry.
2. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Law.
6. CASE OF DEFERRED AND LEGAL CONSEQUENCES
1. The Buyer accepts, declares and undertakes that he/she will pay interest and be liable to the bank within the framework of the credit card agreement that the cardholder bank has made with him in case of default on his credit card transactions. 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, the Buyer accepts, declares and undertakes that he will pay the Seller's loss and damage due to the delayed performance of the debt, in case the Buyer defaults due to its debt.
7. EVIDENCE AGREEMENT AND AUTHORIZED COURT
1. Seller records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in the settlement of any dispute that may arise from this Agreement and/or its implementation. The parties have agreed that the Consumer Courts of the Buyer and the Seller will be authorized in disputes arising from the implementation and interpretation of the Agreement, in cases exceeding the Consumer Arbitration Committees in the place of residence of the Buyer and the Seller, within the monetary limits determined within the framework of the legislation.
8. ENFORCEMENT
1. In the event that the payment for the order placed on the site is realized, the Buyer shall be deemed to have accepted all the terms of this Agreement. The Seller is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that it has been read and accepted by the Buyer.