1. PARTIES
This Agreement has been entered into between the following parties under the terms and conditions set out below.
“BUYER” (hereinafter referred to as the “BUYER” in this Agreement)
Company Name: NOURA DELIGHTS - ABDULKARIM KATABI
Address: KAYABAŞI MAH. KAYAŞEHİR BLV. AVRUPA KONUTLARI 1. ETAP 1 BLOK A GİRİŞİ NO: 55 E İÇ KAPI NO: 125 BAŞAKŞEHİR/ İSTANBUL 34494, Türkiye
Email: [email protected]
Phone: +90 555 559 51 01
“SELLER” (hereinafter referred to as the “SELLER” in this Agreement)
FIRST NAME – LAST NAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order covered by this Agreement, they will be obliged to pay the order amount and any specified additional charges, such as shipping fees and taxes, and that they have been informed accordingly.
2. DEFINITIONS
For the purposes of the application and interpretation of this Agreement, the following terms shall have the meanings set out below.
MINISTER: The Minister of Customs and Trade.
MINISTRY: The Ministry of Customs and Trade.
LAW: Consumer Protection Law No. 6502.
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
SERVICE: The subject matter of any consumer transaction, other than the supply of goods, performed or undertaken in return for a fee or benefit.
SELLER: The company that supplies goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of a supplier of goods.
BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes.
WEBSITE: The website owned by the SELLER.
PERSON PLACING THE ORDER: A natural or legal person who requests goods or services through the SELLER’s website.
PARTIES: The SELLER and the BUYER.
AGREEMENT: This agreement entered into between the SELLER and the BUYER.
GOODS: Movable property offered for sale, as well as intangible goods such as software, audio, images, and similar items prepared for use in an electronic environment.
3. SUBJECT MATTER
This Agreement governs the rights and obligations of the parties in accordance with Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, the characteristics and selling price of which are specified below.
The prices listed and displayed on the website are the selling prices. Published prices and offers remain valid until updated or amended. Prices advertised for a limited period remain valid until the end of the specified period.
4. SELLER INFORMATION
Company Name: NOURA DELIGHTS - ABDULKARIM KATABI
Address: KAYABAŞI MAH. KAYAŞEHİR BLV. AVRUPA KONUTLARI 1. ETAP 1 BLOK A GİRİŞİ NO: 55 E İÇ KAPI NO: 125 BAŞAKŞEHİR/ İSTANBUL 34494, Türkiye
Email: [email protected]
Phone: +90 555 559 51 01
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. INFORMATION ABOUT THE PERSON PLACING THE ORDER
First Name/Last Name/Company Name
Address
Phone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) COVERED BY THE AGREEMENT
1. The essential characteristics of the goods/product/products/service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If the SELLER is running a promotional campaign, you may review the essential characteristics of the relevant product throughout the campaign period. These remain valid until the campaign’s stated end date.
7.2. The prices listed and displayed on the website are the selling prices. Published prices and offers remain valid until updated or amended. Prices advertised for a limited period remain valid until the end of the specified period.
7.3. The selling price of the goods or services covered by this Agreement, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Schedule
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee for dispatching the product shall be paid by the BUYER.
8. BILLING INFORMATION
First Name/Last Name/Company Name
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice shall be delivered to the billing address together with the order at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information on the SELLER’s website regarding the essential characteristics, selling price, payment method, and delivery of the product covered by this Agreement, and have provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares, and undertakes that, before this distance sales agreement was concluded, they accurately and fully received the address that the SELLER is required to provide, the essential characteristics of the ordered products, their prices including taxes, and the payment and delivery information.
9.2. Each product covered by this Agreement shall be delivered to the BUYER or the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance to the BUYER’s place of residence, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER acknowledges, declares, and undertakes to deliver the product covered by this Agreement in full, in accordance with the specifications stated in the order, together with any applicable warranty certificates, user manuals, and other information and documents required for its intended purpose; to perform its obligations honestly and in good faith, free from defects, in sound condition, and in compliance with applicable legislation and standards; to maintain and improve service quality; to exercise the necessary care and diligence during performance; and to act prudently and with foresight.
9.4. Before the deadline for fulfilling its contractual obligations expires, the SELLER may supply a different product of equivalent quality and price, provided that the BUYER is informed and gives explicit approval.
9.5. If the SELLER is unable to fulfill its obligations under this Agreement because the supply of the ordered product or service becomes impossible, the SELLER acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for delivery of the product covered by the Agreement, and that the SELLER’s obligation to deliver the product shall cease if, for any reason, the product price is not paid and/or the payment is canceled in the bank’s records.
9.7. If, after delivery of the product to the BUYER or the person and/or organization at the address designated by the BUYER, the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER acknowledges, declares, and undertakes to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product within the specified period due to force majeure, including unforeseen circumstances beyond the parties’ control that prevent and/or delay the fulfillment of their obligations, the SELLER acknowledges, declares, and undertakes to inform the BUYER. The BUYER shall have the right to request cancellation of the order, replacement of the product with an equivalent product where available, and/or postponement of delivery until the circumstances preventing delivery have ceased. If the BUYER cancels the order, payments made in cash shall be refunded to the BUYER in cash and in a single payment within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges, declares, and undertakes that it may take an average of 2 to 3 weeks for the bank to credit the amount refunded by the SELLER to the BUYER’s account, and that, since the crediting of this amount after its return to the bank depends entirely on the bank’s processing procedures, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER by letter, email, SMS, telephone, and other means for communication, marketing, notification, and other purposes using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above.
9.10. The BUYER shall inspect the goods/services covered by this Agreement before accepting delivery and shall not accept damaged or defective goods/services, including items that are dented, broken, or have torn packaging, from the shipping company. Goods/services accepted upon delivery shall be deemed undamaged and in sound condition. Following delivery, the BUYER is responsible for taking proper care of the goods/services. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used for the order are not the same person, or if a security issue relating to the credit card used for the order is identified before delivery to the BUYER, the SELLER may request that the BUYER provide the cardholder’s identity and contact information, the previous month’s statement for the credit card used for the order, or a letter from the cardholder’s bank confirming ownership of the credit card. The order shall be placed on hold until the BUYER supplies the requested information/documents. If these requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate, and that, upon the SELLER’s first notification, they will immediately compensate the SELLER in cash and in a single payment for all losses resulting from the inaccuracy of such information.
9.13. The BUYER agrees and undertakes in advance to comply with applicable legislation when using the SELLER’s website and not to violate its provisions. Otherwise, all resulting civil and criminal liabilities shall be borne entirely and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the economic or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services, such as spam, viruses, Trojan horses, or similar activities.
9.15. The SELLER’s website may contain links to other websites and/or content that are not under the SELLER’s control and/or are owned and/or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or its operator, nor do they constitute any guarantee concerning the information contained on the linked website.
9.16. Any member who violates one or more provisions of this Agreement shall be personally liable, both criminally and civilly, for such violations and shall hold the SELLER harmless from their civil and criminal consequences. Furthermore, if legal proceedings arise from such a violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract for the sale of goods, the BUYER may exercise the right to withdraw from the Agreement by rejecting the goods within 14 (fourteen) days from the date of delivery to the BUYER or the person/organization at the designated address, without giving any reason or incurring any civil or criminal liability, provided that the SELLER is notified. For distance contracts relating to the provision of services, this period begins on the date the Agreement is signed. The right of withdrawal cannot be exercised for service contracts where performance has begun with the consumer’s approval before the withdrawal period expires. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed of the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be sent to the SELLER by registered mail with acknowledgment of receipt, fax, or email within the 14 (fourteen) day period, and the product must not have been used, in accordance with the provisions of this Agreement entitled “Products Excluded from the Right of Withdrawal.” If this right is exercised:
a) The invoice for the product delivered to the third party or the BUYER must be provided. (If the invoice for the product to be returned was issued to a business, the product must be sent together with a return invoice issued by that business. Returns of orders invoiced to businesses cannot be completed unless a RETURN INVOICE is issued.)
b) The return form must be provided.
c) The products to be returned must be delivered complete and undamaged, together with their boxes, packaging, and any standard accessories.
d) The SELLER is obliged to refund the total amount and return any documents placing the BUYER under an obligation within no more than 10 days of receiving the withdrawal notification, and to take back the goods within 20 days.
e) If the value of the goods decreases or their return becomes impossible due to a reason attributable to the BUYER, the BUYER shall compensate the SELLER for the losses in proportion to the BUYER’s fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product during the withdrawal period.
f) If exercising the right of withdrawal causes the order amount to fall below the minimum threshold of a promotional campaign organized by the SELLER, the discount received under that campaign shall be canceled.
11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
Under the Regulation, returns are not permitted for goods prepared at the BUYER’s request or clearly tailored to their personal needs and unsuitable for return; lower-body underwear, swimsuit and bikini bottoms, makeup products, single-use products, goods liable to deteriorate rapidly or expire; products unsuitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot be separated due to their nature; periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed immediately in an electronic environment or intangible goods delivered immediately to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables if their packaging has been opened by the BUYER. Furthermore, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s approval before the withdrawal period expires.
For cosmetics and personal care products, underwear, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be eligible for return, their packaging must remain unopened, and they must not have been tried, damaged, or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on a payment made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest under the credit card agreement between the cardholder and the bank and will be liable to the bank. In such circumstances, the relevant bank may take legal action and claim the resulting expenses and legal fees from the BUYER. In all cases where the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any loss or damage resulting from the delayed performance of the payment obligation.
13. COMPETENT COURT
For disputes arising from this Agreement, complaints and objections shall be submitted to the consumer arbitration committee or consumer court at the consumer’s place of residence or the place where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:
Effective as of 28/05/2014:
a) Under Article 68 of Consumer Protection Law No. 6502, applications concerning disputes with a value below TRY 2,000.00 (two thousand Turkish lira) shall be submitted to district consumer arbitration committees.
b) Applications concerning disputes with a value below TRY 3,000.00 (three thousand Turkish lira) shall be submitted to provincial consumer arbitration committees.
c) In provinces with metropolitan municipality status, applications concerning disputes with a value between TRY 2,000.00 (two thousand Turkish lira) and TRY 3,000.00 (three thousand Turkish lira) shall be submitted to provincial consumer arbitration committees.
This Agreement is entered into for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER completes payment for an order placed through the WEBSITE, they shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to implement the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this Agreement on the website before the order is completed.
SELLER:
Company Name: NOURA DELIGHTS - ABDULKARIM KATABI
Address: KAYABAŞI MAH. KAYAŞEHİR BLV. AVRUPA KONUTLARI 1. ETAP 1 BLOK A GİRİŞİ NO: 55 E İÇ KAPI NO: 125 BAŞAKŞEHİR/ İSTANBUL 34494, Türkiye
Email: [email protected]
Phone: +90 555 559 51 01
BUYER:
DATE:
This Agreement has been entered into between the following parties under the terms and conditions set out below.
“BUYER” (hereinafter referred to as the “BUYER” in this Agreement)
Company Name: NOURA DELIGHTS - ABDULKARIM KATABI
Address: KAYABAŞI MAH. KAYAŞEHİR BLV. AVRUPA KONUTLARI 1. ETAP 1 BLOK A GİRİŞİ NO: 55 E İÇ KAPI NO: 125 BAŞAKŞEHİR/ İSTANBUL 34494, Türkiye
Email: [email protected]
Phone: +90 555 559 51 01
“SELLER” (hereinafter referred to as the “SELLER” in this Agreement)
FIRST NAME – LAST NAME:
ADDRESS:
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order covered by this Agreement, they will be obliged to pay the order amount and any specified additional charges, such as shipping fees and taxes, and that they have been informed accordingly.
2. DEFINITIONS
For the purposes of the application and interpretation of this Agreement, the following terms shall have the meanings set out below.
MINISTER: The Minister of Customs and Trade.
MINISTRY: The Ministry of Customs and Trade.
LAW: Consumer Protection Law No. 6502.
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188).
SERVICE: The subject matter of any consumer transaction, other than the supply of goods, performed or undertaken in return for a fee or benefit.
SELLER: The company that supplies goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of a supplier of goods.
BUYER: A natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes.
WEBSITE: The website owned by the SELLER.
PERSON PLACING THE ORDER: A natural or legal person who requests goods or services through the SELLER’s website.
PARTIES: The SELLER and the BUYER.
AGREEMENT: This agreement entered into between the SELLER and the BUYER.
GOODS: Movable property offered for sale, as well as intangible goods such as software, audio, images, and similar items prepared for use in an electronic environment.
3. SUBJECT MATTER
This Agreement governs the rights and obligations of the parties in accordance with Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, the characteristics and selling price of which are specified below.
The prices listed and displayed on the website are the selling prices. Published prices and offers remain valid until updated or amended. Prices advertised for a limited period remain valid until the end of the specified period.
4. SELLER INFORMATION
Company Name: NOURA DELIGHTS - ABDULKARIM KATABI
Address: KAYABAŞI MAH. KAYAŞEHİR BLV. AVRUPA KONUTLARI 1. ETAP 1 BLOK A GİRİŞİ NO: 55 E İÇ KAPI NO: 125 BAŞAKŞEHİR/ İSTANBUL 34494, Türkiye
Email: [email protected]
Phone: +90 555 559 51 01
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/Username
6. INFORMATION ABOUT THE PERSON PLACING THE ORDER
First Name/Last Name/Company Name
Address
Phone
Fax
Email/Username
7. INFORMATION ABOUT THE PRODUCT(S) COVERED BY THE AGREEMENT
1. The essential characteristics of the goods/product/products/service (type, quantity, brand/model, color, number of units) are published on the SELLER’s website. If the SELLER is running a promotional campaign, you may review the essential characteristics of the relevant product throughout the campaign period. These remain valid until the campaign’s stated end date.
7.2. The prices listed and displayed on the website are the selling prices. Published prices and offers remain valid until updated or amended. Prices advertised for a limited period remain valid until the end of the specified period.
7.3. The selling price of the goods or services covered by this Agreement, including all taxes, is shown below.
Product Description
Quantity
Unit Price
Subtotal
(Including VAT)
Shipping Fee
Total:
Payment Method and Schedule
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee for dispatching the product shall be paid by the BUYER.
8. BILLING INFORMATION
First Name/Last Name/Company Name
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice shall be delivered to the billing address together with the order at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the preliminary information on the SELLER’s website regarding the essential characteristics, selling price, payment method, and delivery of the product covered by this Agreement, and have provided the necessary confirmation electronically. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares, and undertakes that, before this distance sales agreement was concluded, they accurately and fully received the address that the SELLER is required to provide, the essential characteristics of the ordered products, their prices including taxes, and the payment and delivery information.
9.2. Each product covered by this Agreement shall be delivered to the BUYER or the person and/or organization at the address designated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance to the BUYER’s place of residence, provided that the statutory period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.
9.3. The SELLER acknowledges, declares, and undertakes to deliver the product covered by this Agreement in full, in accordance with the specifications stated in the order, together with any applicable warranty certificates, user manuals, and other information and documents required for its intended purpose; to perform its obligations honestly and in good faith, free from defects, in sound condition, and in compliance with applicable legislation and standards; to maintain and improve service quality; to exercise the necessary care and diligence during performance; and to act prudently and with foresight.
9.4. Before the deadline for fulfilling its contractual obligations expires, the SELLER may supply a different product of equivalent quality and price, provided that the BUYER is informed and gives explicit approval.
9.5. If the SELLER is unable to fulfill its obligations under this Agreement because the supply of the ordered product or service becomes impossible, the SELLER acknowledges, declares, and undertakes to notify the consumer in writing within 3 days of becoming aware of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for delivery of the product covered by the Agreement, and that the SELLER’s obligation to deliver the product shall cease if, for any reason, the product price is not paid and/or the payment is canceled in the bank’s records.
9.7. If, after delivery of the product to the BUYER or the person and/or organization at the address designated by the BUYER, the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized use of the BUYER’s credit card by unauthorized persons, the BUYER acknowledges, declares, and undertakes to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. If the SELLER cannot deliver the product within the specified period due to force majeure, including unforeseen circumstances beyond the parties’ control that prevent and/or delay the fulfillment of their obligations, the SELLER acknowledges, declares, and undertakes to inform the BUYER. The BUYER shall have the right to request cancellation of the order, replacement of the product with an equivalent product where available, and/or postponement of delivery until the circumstances preventing delivery have ceased. If the BUYER cancels the order, payments made in cash shall be refunded to the BUYER in cash and in a single payment within 14 days. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days after the BUYER cancels the order. The BUYER acknowledges, declares, and undertakes that it may take an average of 2 to 3 weeks for the bank to credit the amount refunded by the SELLER to the BUYER’s account, and that, since the crediting of this amount after its return to the bank depends entirely on the bank’s processing procedures, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER by letter, email, SMS, telephone, and other means for communication, marketing, notification, and other purposes using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the website registration form or subsequently updated by the BUYER. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the communication activities described above.
9.10. The BUYER shall inspect the goods/services covered by this Agreement before accepting delivery and shall not accept damaged or defective goods/services, including items that are dented, broken, or have torn packaging, from the shipping company. Goods/services accepted upon delivery shall be deemed undamaged and in sound condition. Following delivery, the BUYER is responsible for taking proper care of the goods/services. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the holder of the credit card used for the order are not the same person, or if a security issue relating to the credit card used for the order is identified before delivery to the BUYER, the SELLER may request that the BUYER provide the cardholder’s identity and contact information, the previous month’s statement for the credit card used for the order, or a letter from the cardholder’s bank confirming ownership of the credit card. The order shall be placed on hold until the BUYER supplies the requested information/documents. If these requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate, and that, upon the SELLER’s first notification, they will immediately compensate the SELLER in cash and in a single payment for all losses resulting from the inaccuracy of such information.
9.13. The BUYER agrees and undertakes in advance to comply with applicable legislation when using the SELLER’s website and not to violate its provisions. Otherwise, all resulting civil and criminal liabilities shall be borne entirely and exclusively by the BUYER.
9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morality, disturbs or harasses others, serves an unlawful purpose, or infringes the economic or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services, such as spam, viruses, Trojan horses, or similar activities.
9.15. The SELLER’s website may contain links to other websites and/or content that are not under the SELLER’s control and/or are owned and/or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or its operator, nor do they constitute any guarantee concerning the information contained on the linked website.
9.16. Any member who violates one or more provisions of this Agreement shall be personally liable, both criminally and civilly, for such violations and shall hold the SELLER harmless from their civil and criminal consequences. Furthermore, if legal proceedings arise from such a violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract for the sale of goods, the BUYER may exercise the right to withdraw from the Agreement by rejecting the goods within 14 (fourteen) days from the date of delivery to the BUYER or the person/organization at the designated address, without giving any reason or incurring any civil or criminal liability, provided that the SELLER is notified. For distance contracts relating to the provision of services, this period begins on the date the Agreement is signed. The right of withdrawal cannot be exercised for service contracts where performance has begun with the consumer’s approval before the withdrawal period expires. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed of the right of withdrawal.
10.2. To exercise the right of withdrawal, written notification must be sent to the SELLER by registered mail with acknowledgment of receipt, fax, or email within the 14 (fourteen) day period, and the product must not have been used, in accordance with the provisions of this Agreement entitled “Products Excluded from the Right of Withdrawal.” If this right is exercised:
a) The invoice for the product delivered to the third party or the BUYER must be provided. (If the invoice for the product to be returned was issued to a business, the product must be sent together with a return invoice issued by that business. Returns of orders invoiced to businesses cannot be completed unless a RETURN INVOICE is issued.)
b) The return form must be provided.
c) The products to be returned must be delivered complete and undamaged, together with their boxes, packaging, and any standard accessories.
d) The SELLER is obliged to refund the total amount and return any documents placing the BUYER under an obligation within no more than 10 days of receiving the withdrawal notification, and to take back the goods within 20 days.
e) If the value of the goods decreases or their return becomes impossible due to a reason attributable to the BUYER, the BUYER shall compensate the SELLER for the losses in proportion to the BUYER’s fault. However, the BUYER shall not be responsible for changes or deterioration resulting from the proper use of the goods or product during the withdrawal period.
f) If exercising the right of withdrawal causes the order amount to fall below the minimum threshold of a promotional campaign organized by the SELLER, the discount received under that campaign shall be canceled.
11. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
Under the Regulation, returns are not permitted for goods prepared at the BUYER’s request or clearly tailored to their personal needs and unsuitable for return; lower-body underwear, swimsuit and bikini bottoms, makeup products, single-use products, goods liable to deteriorate rapidly or expire; products unsuitable for return for health and hygiene reasons if their packaging is opened by the BUYER after delivery; products that become mixed with other products after delivery and cannot be separated due to their nature; periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed immediately in an electronic environment or intangible goods delivered immediately to the consumer; and audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables if their packaging has been opened by the BUYER. Furthermore, under the Regulation, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s approval before the withdrawal period expires.
For cosmetics and personal care products, underwear, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be eligible for return, their packaging must remain unopened, and they must not have been tried, damaged, or used.
12. DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER defaults on a payment made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest under the credit card agreement between the cardholder and the bank and will be liable to the bank. In such circumstances, the relevant bank may take legal action and claim the resulting expenses and legal fees from the BUYER. In all cases where the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any loss or damage resulting from the delayed performance of the payment obligation.
13. COMPETENT COURT
For disputes arising from this Agreement, complaints and objections shall be submitted to the consumer arbitration committee or consumer court at the consumer’s place of residence or the place where the consumer transaction took place, within the monetary limits specified in the law below. Information regarding the monetary limits is as follows:
Effective as of 28/05/2014:
a) Under Article 68 of Consumer Protection Law No. 6502, applications concerning disputes with a value below TRY 2,000.00 (two thousand Turkish lira) shall be submitted to district consumer arbitration committees.
b) Applications concerning disputes with a value below TRY 3,000.00 (three thousand Turkish lira) shall be submitted to provincial consumer arbitration committees.
c) In provinces with metropolitan municipality status, applications concerning disputes with a value between TRY 2,000.00 (two thousand Turkish lira) and TRY 3,000.00 (three thousand Turkish lira) shall be submitted to provincial consumer arbitration committees.
This Agreement is entered into for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER completes payment for an order placed through the WEBSITE, they shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to implement the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this Agreement on the website before the order is completed.
SELLER:
Company Name: NOURA DELIGHTS - ABDULKARIM KATABI
Address: KAYABAŞI MAH. KAYAŞEHİR BLV. AVRUPA KONUTLARI 1. ETAP 1 BLOK A GİRİŞİ NO: 55 E İÇ KAPI NO: 125 BAŞAKŞEHİR/ İSTANBUL 34494, Türkiye
Email: [email protected]
Phone: +90 555 559 51 01
BUYER:
DATE: