1. PARTIES
This Agreement has been signed between the parties below within the framework of the provisions and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in this agreement)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in this agreement)
NAME-SURNAME: Owi Foreign and Domestic Trade Ltd.
ADDRESS: Mersinli 2817 Street No 90/A 35170 Konak/IZMIR
By accepting this agreement, the BUYER acknowledges that they will be obligated to pay the order amount and any additional fees such as shipping charges and taxes if the order is confirmed, and they accept that they have been informed about this in advance.
2. DEFINITIONS
The terms written below will express the explanations beside them in the implementation and interpretation of this agreement.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any transaction related to consumer contracts other than the provision of goods for a fee or benefit,
SELLER: The company that offers goods to the consumer in the course of its commercial or professional activities or acts on behalf of or on account of the seller,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website owned by the SELLER,
ORDERER: A natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement made between the SELLER and the BUYER,
GOOD: The movable property subject to the transaction and the software, audio, video, and similar intangible goods prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in relation to the sale and delivery of the product whose characteristics and sale price are specified below, ordered by the BUYER electronically through the SELLER’s website, in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until an update or change is made. Prices announced for a limited time are valid until the specified period ends.
4. SELLER INFORMATION
Title: Owi iç ve dış ticaret ltd. şti.
Address: Mersinli, 2817. Sk. no:90/A, 35170 Konak/İzmir
Phone: +90 554 832 3832
Email:
5. BUYER INFORMATION
Recipient Name
Delivery Address
Phone
Fax
Email/Username
6. ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
7. PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT INFORMATION
7.1. The fundamental characteristics of the goods/products/services (type, quantity, brand/model, color, and number) are published on the SELLER’s website. If the seller has organized a campaign, you can review the fundamental characteristics of the relevant product during the campaign period. This is valid until the campaign date.
7.2. The listed and announced prices on the site are the selling prices. The announced prices and promises are valid until an update or change is made. Prices announced for a limited time are valid until the specified period ends.
7.3. The total selling price of the goods or services, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal (Including VAT)
Shipping Cost: Total
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping cost for the product will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be delivered to the billing address along with the order during the delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product, sale price, and payment method, as well as preliminary information regarding delivery on the SELLER's website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that they have correctly and completely acquired the address that the SELLER is required to provide, the basic characteristics of the ordered products, the price including taxes, and the payment and delivery information before the distance sales agreement is established.
9.2. Each product subject to the agreement will be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address shown in the preliminary information on the website, depending on the distance of the BUYER's residence, within the time specified, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to cancel the agreement.
9.3. The SELLER agrees, declares, and undertakes to deliver the product in full, in accordance with the characteristics specified in the order, along with any warranty documents, user manuals, and necessary information and documents, in a manner that is free from any defects and compliant with legal regulations, performing the work in accordance with the principles of accuracy and honesty, maintaining and improving service quality, exercising necessary care and diligence during the execution of the work, and acting with caution and foresight.
9.4. The SELLER may procure a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the due date of the performance obligation arising from the agreement.
9.5. If the fulfillment of the SELLER's obligations under the agreement becomes impossible, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date it learned of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product and that if, for any reason, the payment for the product is not made and/or is canceled in the bank records, the SELLER’s obligation to deliver the product will terminate.
9.7. The BUYER agrees, declares, and undertakes to return the product within 3 days at the SELLER's expense if, after the product has been delivered to the BUYER or the person and/or organization indicated by the BUYER, the credit card belonging to the BUYER is used fraudulently by unauthorized persons, resulting in the non-payment of the product price by the relevant bank or financial institution.
9.8. If the SELLER cannot deliver the product within the specified time due to force majeure events that develop outside the will of the parties, are unforeseen, and prevent and/or delay the performance of the parties' obligations, the SELLER agrees, declares, and undertakes to inform the BUYER of the situation. The BUYER also has the right to request the cancellation of the order, the replacement of the product with a comparable one, and/or the postponement of the delivery time until the hindering situation is resolved. If the BUYER cancels the order, cash payments made by the BUYER will be refunded in cash and in full within 14 days. For payments made by credit card, the product price will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to reflect in the BUYER's account may take 2 to 3 weeks, and that any delays in this process are entirely related to the bank's processing time, thus the BUYER will not hold the SELLER responsible for any potential delays.
9.9. The SELLER has the right to reach the BUYER through letters, emails, SMS, phone calls, and other means of communication, marketing, notifications, and other purposes using the address, email address, landline and mobile phone numbers, and other contact information provided by the BUYER in the registration form or updated later. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities.
9.10. The BUYER will inspect the goods/services before receiving them; they will not accept damaged or defective goods/services from the shipping company (e.g., crushed, broken, torn packaging, etc.). It will be assumed that the goods/services received are undamaged and intact. After delivery, the obligation to carefully protect the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information related to the credit card holder, a statement from the credit card holder's bank proving the credit card belongs to them, or the previous month's statement of the credit card used in the order. The order will be frozen until the requested information/documents are provided; if these requests are not fulfilled within 24 hours, the SELLER reserves 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 they will compensate the SELLER for all damages caused by the inaccuracy of this information immediately in cash upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and penal liabilities arising will be entirely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, or is for illegal purposes, and may not engage in activities that prevent or hinder other members from using the services (spam, viruses, trojans, etc.).
9.15. Links to other websites and/or other content owned and/or operated by third parties not under the control of the SELLER may be provided through the SELLER's website. These links are placed for the convenience of the BUYER and do not support any website or the person operating that site, nor do they guarantee any information contained on the linked website.
9.16. A member who violates one or more of the articles listed in this agreement will be personally liable for such violations, and the SELLER will be exempt from the legal and penal consequences of these violations. Furthermore, in the event that the matter is brought to the legal domain due to this violation, the SELLER reserves the right to seek compensation from the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the case of a distance contract related to the sale of goods, the BUYER can exercise the right of withdrawal without assuming any legal or penal liability and without providing any reason by rejecting the product within 14 (fourteen) days from the date of delivery to themselves or to the person/institution they designated. In distance contracts related to service provision, this period starts from the date the contract is signed. In service contracts where the service has begun with the consumer's approval before the withdrawal period expires, the right of withdrawal cannot be exercised. The expenses arising from the use of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14 (fourteen) day period and the product must not have been used in accordance with the provisions of "Products for which the Right of Withdrawal Cannot be Used" outlined in this contract. In the event this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER must be returned (if the invoice is issued in the name of an institution, the return invoice issued by the institution must be sent along with the product. Returns of orders invoiced in the name of institutions will not be completed if a RETURN INVOICE is not issued).
b) A return form.
c) The products to be returned must be delivered complete and undamaged along with their box, packaging, and any standard accessories.
d) The SELLER is obliged to refund the total amount and documents that bind the BUYER to debt within a maximum of 10 days from the date the withdrawal notification is received, and to receive the product back within 20 days.
e) If the value of the product decreases due to a reason attributable to the BUYER, or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and damages arising from the proper use of the product during the withdrawal period.
f) If the amount of the campaign discount enjoyed by the BUYER falls below the limit set by the SELLER due to the use of the right of withdrawal, the discount will be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The following products cannot be returned: goods prepared according to the BUYER's request or personal needs and not suitable for return, inner wear items, swimsuits and bikini bottoms, cosmetics, single-use products, perishable goods, or items that may expire, products whose packaging has been opened by the BUYER after delivery which are not suitable for health and hygiene reasons, products that cannot be separated by nature after delivery, periodicals like newspapers and magazines except for those provided under subscription agreements, instant performance services provided in electronic form or intangible goods delivered to the consumer instantly, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables whose packaging has been opened by the BUYER. Furthermore, it is not possible to use the right of withdrawal for services that have begun with the consumer's approval before the expiration of the withdrawal period.
Cosmetics and personal care products, inner wear, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, and tapes as well as stationery consumables (toners, cartridges, ribbons, etc.) must remain unopened, untried, undamaged, and unused in order to be eligible for return.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event the BUYER defaults on payment when making payments via credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest under the credit card agreement with the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means and claim any incurred expenses and attorney fees from the BUYER. Furthermore, the BUYER accepts, declares, and undertakes that in case of default due to their debt, they will compensate the SELLER for damages resulting from the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court in the location of the consumer's residence or where the consumer transaction was made, within the monetary limits specified in the law. The monetary limits are as follows:
As of 01/01/2017, the value for applications to consumer arbitration boards in 2017:
a) Disputes with a value below 2,400 (two thousand four hundred) Turkish Lira will be handled by district consumer arbitration boards.
b) In metropolitan municipalities, disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira will be handled by provincial consumer arbitration boards.
c) In central districts of non-metropolitan municipalities, disputes below 3,610 (three thousand six hundred ten) Turkish Lira will be handled by provincial consumer arbitration boards.
ç) In districts of non-metropolitan municipalities, disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira will be handled by district consumer arbitration boards.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
The BUYER is considered to have accepted all the terms of this agreement upon making the payment for the order placed through the Site. The SELLER is obliged to make necessary software arrangements to obtain confirmation from the BUYER that this agreement has been read and accepted before the order is processed.
SELLER: Owi iç ve dış ticaret ltd. şti.
BUYER:
DATE: