Distance Selling Agreement

1. SIDES

This Distance Selling Agreement (" Agreement "); The buyer (" BUYER ") whose information is specified in Article 6 of this Agreement and whose headquarters are 19 Mayıs Mah. Turaboğlu St. It was established electronically between Ariicia İstanbul (" SELLER ") located at Hamdiye Yazgan İş Merkezi no:4 İç Kapı no:2 Kadıköy İstanbul, within the framework of the terms and conditions stated below.

2. DEFINITIONS

In the application and interpretation of this Agreement, the following terms will express the meanings written on them.

BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

Minister: Minister of Commerce,

Ministry: Ministry of Commerce,

Service: The subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit,

Website: SELLER's website named www.ariciaistanbul.com,

Law: Consumer Protection Law,

SELLER: Real or legal person who offers goods or services to the consumer for commercial or professional purposes or acts on behalf or on behalf of the person who offers goods or services,

Orderer: Real or legal person who requests a good or service via the SELLER's website www.ariciaistanbul.com,

Contract: This Distance Sales Agreement concluded between the SELLER and the BUYER,

Parties: SELLER and BUYER,

Product or Products: Subject to purchase; movable goods, immovable properties for residential or holiday purposes, and all kinds of intangible goods such as software, sound, image and similar prepared for use in electronic environment,

Regulation: Distance Contracts Regulation.

3. SUBJECT

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 Regulation regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically through the SELLER's Website.

4. ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR

4.1. BUYER hereby declares that he/she has examined, read and understood all general and special 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 obligation of ordering and paying, and that he/she has received the necessary information. accepts that it was done.

• Basic characteristics of the Product or Service subject to the contract;
• SELLER's title, MERSİS number, contact information and current identification information;
• Suitable tools-methods for the stages of the sales transaction when purchasing the Products from the Website and for correcting incorrectly entered information;
• Confidentiality, data use-processing and electronic communication rules applicable to the BUYER information applied by the SELLER, as well as 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;
• Shipping restrictions stipulated by the SELLER for the products;
• The payment method-tools accepted by the SELLER for the Products subject to the contract, the basic features of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including related expenses).
• Information about the procedures for the delivery of the Products to the BUYER and transportation-delivery-cargo costs;
• Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the responsibilities of the parties in these matters;
• Products and other goods and Services that the BUYER does not have the right to withdraw;
• In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of exercising this right and that the BUYER will lose his right of withdrawal if the right is not exercised within due time;
• For 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 withdrawal request may not be accepted and in any case, the SELLER will be responsible to the SELLER. In such cases, it may deduct an amount it deems appropriate according to the defect or change in question, from the refund to be made to the BUYER;
• In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial issues (including return methods, costs and refund of the Product price and discounts and deductions that can be made for the reward points earned/used by the BUYER during the return);
• Details of the terms of use (special conditions) regarding various opportunities that may be applied from time to time on the BUYER's Website;
• Since this Agreement and all other sales conditions included in this Agreement, depending on its nature, are approved and established by the BUYER on the Website and then sent to the BUYER by e-mail, it can be stored and accessed by the BUYER for a period of time requested, and the SELLER can keep it for three years. can keep;
• 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 the Law.

5. SELLER INFORMATION

19 Mayıs Mah. Turaboğlu St. Hamdiye Yazgan Business Center no:4 inner gate no:2 Kadıköy Istanbul

Phone: 0216 706 19 57

Email address: info@ariciaistanbul.com

6. ORDERER / BUYER INFORMATION

Name/Surname/Title: [ to be filled in through the system within the scope of the order ]

Phone: [ to be filled in through the system within the scope of the order ]

E-mail/Username: [ to be filled in the system within the scope of the order ]

7. DELIVERY INFORMATION

Delivery Person: [ to be filled in the system within the scope of the order ]

Delivery Address: [ to be filled in the system within the scope of the order ]

Phone: [ to be filled in through the system within the scope of the order ]

E-mail/Username: [ to be filled in the system within the scope of the order ]

8. BILLING INFORMATION

Name/Surname/Title: [ to be filled in through the system within the scope of the order ]

Phone: [ to be filled in through the system within the scope of the order ]

E-mail/Username: [ to be filled in the system within the scope of the order ]

9. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

9.1. The basic features of the Product/Products/Service (type, quantity, brand/model, color, quantity) are available on the SELLER's Website. In terms of campaigns, the basic features of the Product can be reviewed on the Website during the campaign.

9.2. The prices listed and announced on the Website are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

9.3. The sales price of the Product or Service subject to the contract, including all taxes, is shown in the table below.

• Total product price excluding shipping: [ to be filled in the system within the scope of the order ]
• Shipping Fee: [ to be filled in through the system within the scope of the order ]
• Total Price Including Shipping: [ to be filled in the system within the scope of the order ]
• Cargo delivery time: For products to be sent from the Istanbul warehouse to a distance of 600 km, it will be delivered within 1-4 business days, and for distances over 600 km, it will be dispatched within 3-6 business days. [to be filled through the system within the scope of the order]

 

Delivery Address: [ to be filled in the system within the scope of the order ]

Delivery Person: [ to be filled in the system within the scope of the order ]

Invoice Address: [ to be filled in the system within the scope of the order ]

Order Date: [ to be filled in the system within the scope of the order ]

Delivery Method: [ to be filled in through the system within the scope of the order ]

9.4. Additional fees such as shipping fee, which is the cost of shipping the product, and any other taxes, duties and fees will be paid by the BUYER.

10. GENERAL PROVISIONS

10.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price, payment method and delivery on the Website, and has given the necessary confirmation electronically. BUYER's; He accepts, declares and undertakes to confirm the Preliminary Information electronically and to obtain the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. .

10.2. Each Product subject to the contract is delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section on 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 SELLER does not fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date of the Products specified as "estimated delivery date" on the Website is stated as an estimate and this statement does not contain any commitment. These products will be delivered to the BUYER within 30 days at the latest as stated in the legislation.

10.3. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required for the job, and to perform the job within the principles of accuracy and honesty, free from any defects, in accordance with the requirements of legal legislation, in accordance with the standards. accepts, declares and undertakes to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.

10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.

10.5. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and that if the price of the Product subject to the Contract is not paid for any reason and/or the transaction is canceled in the bank or financial institution records, the SELLER's obligation to deliver the Product subject to the Contract will end. , declares and undertakes.

10.6. BUYER, if the price of the Product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, He/she accepts, declares and undertakes that he/she will return the product in question to the SELLER within 3 (three) days, with the shipping costs being borne by the SELLER.

10.7. BUYER will inspect the Product/Service subject to the Contract before receiving it; dents, broken, packaging torn, etc. Damaged and defective Products/Services will not be delivered from the cargo company. The delivered Product/Service will be deemed to be undamaged and intact. It is the BUYER's responsibility to carefully protect the Product/Service after delivery. If the right of withdrawal is to be exercised, the Product/Service should not be used. The invoice must be returned.

10.8. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected in 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 and the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

10.9. BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's Website is truthful, and that it will compensate the SELLER for all damages that it may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER. It does.

10.10. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER's Website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.

10.11. BUYER cannot use the SELLER's Website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that violates the material and moral rights of others. In addition, the BUYER cannot engage in any activity (spam, virus, trojan horse, etc.) that prevents or complicates the use of the services by others.

10.12. Links may be provided through the SELLER's Website to websites or other content that are not under the SELLER's control and/or owned or operated by other third parties. These links are placed to provide ease of navigation 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.

11. SPECIAL CONDITIONS

11.1. The SELLER may organize various campaigns for the BUYER on the Website at different times, at its sole discretion and in a manner that determines the conditions as it wishes. However, the BUYER has the right to return the Products purchased for any reason, use the right of withdrawal, etc. If the campaign conditions organized by the SELLER cannot be met for any reason, the discount amount/benefit benefited by the BUYER within the scope of the campaign will be canceled and this amount will be deducted from the refund payment to be made to the BUYER.

11.2. If the BUYER can benefit from more than one campaign on the same invoice, the campaigns will not be combined, the BUYER will only be able to benefit from one campaign. BUYER accepts, declares and undertakes that he will not make any claims in such a case.

11.3. SELLER reserves the right to stop, update and change the campaign conditions of the campaigns announced on the Website at any time. BUYER must review the campaign conditions before each purchase from the Website.

11.4. BUYER's bank may organize campaigns and apply a higher number of installments than the selected installment number, and services such as installment postponement may be offered. Such campaigns are at the initiative of the bank and if the SELLER is informed, information about the campaigns is provided on the Website. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating a detailed payment plan is at the bank's discretion.

12. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL-INDUSTRIAL PROPERTY

12.1. BUYER's name, surname, e-mail address, TR ID number, demographic data, financial data, etc., which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698. information;* taking orders, offering products and services, developing products and services, solving systemic problems, performing payment transactions, -if prior approval is given- to be used in marketing activities about orders, products and services, updating the BUYER's information and managing memberships and services. It can be recorded indefinitely/periodically by the SELLER, SELLER affiliates and third parties and/or organizations for the purpose of execution of the distance sales contract and other agreements established between the BUYER and the SELLER and to ensure that the technical, logistical and other similar functions of third parties are carried out on behalf of the SELLER. It can be stored in magnetic archives, used, updated, shared, transferred and processed in other ways.

12.2. In accordance with the applicable legislation, Aricia Istanbul provides SMS/text message, instant notification, automatic notifications, credit card and membership information, transactions and applications to BUYERS for the purposes of promotion, advertising, communication, promotion, sales and marketing regarding all kinds of Products and Services. Commercial electronic communications can be made via call, computer, telephone, e-mail/mail, fax and other electronic communication tools, and the BUYER agrees to have commercial electronic messages sent to him.

12.3. Necessary precautions for the security of the information and transactions entered by the BUYER on the Website are taken within the SELLER's own system infrastructure, within the limits 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 devices, 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.

12.4. BUYER may request data usage, processing and/or communications to be stopped at any time by contacting SELLER through the specified communication channels. 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 and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.

12.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the agreement of the SELLER; All intellectual-industrial rights and property rights belong to Aricia Istanbul.

12.6. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise.

13. RIGHT OF WITHDRAWAL

13.1. BUYER; In distance contracts regarding the sale of products, the person may exercise his right of withdrawal from the contract by rejecting the product without giving any reason within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated. In distance contracts for service provision, this period starts from the date the contract is signed. The BUYER must notify the SELLER within this period that he/she has exercised his/her right of withdrawal. Before accepting the distance contract or any offer corresponding to it, the BUYER is informed by the SELLER in a clear and understandable manner regarding the details of which are specified in the Regulation and that he will be obliged to pay if he approves the order, and the BUYER accepts in advance that he has been informed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.

14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

It must be unused and resalable by the SELLER, within the framework of the provisions of Article 15 of the Regulation titled "Exceptions of the Right of Withdrawal" and Article 10 of this Agreement, which has been approved electronically between the Parties. BUYER will not be able to use his right of withdrawal in the following cases:

• Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller.
• Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.
• Contracts for goods that are perishable or may expire quickly.
• Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
• Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
• Contracts regarding books, digital content and computer consumables offered in tangible form if the protective elements such as packaging, tape, seals and packages have been opened after the delivery of the goods.
• Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
• Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.
• Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
• Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.

15. DEFAULT AND LEGAL CONSEQUENCES

BUYER accepts, declares and undertakes that in case of default in his credit card transactions, he will pay interest within the framework of the credit card agreement made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees incurred from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.

16. FORCE MAJEURE

SELLER, riot, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, employee-employer disputes including labor actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or renewal works. and malfunctions that may occur for this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that occur beyond Aricia Istanbul's control, are not caused by its fault and cannot be reasonably foreseen (" Force Majeure" ") accepts, declares and undertakes to notify the BUYER of the situation if he/she cannot deliver the Product subject to the Contract within the time limit. The BUYER also has the right to request from the SELLER to cancel the order, to replace the Product subject to the Contract with a similar one, if any, or to postpone the delivery period until the hindering situation disappears. In case the order is canceled by the BUYER, for the payments made by the BUYER in cash, the product amount will be paid to him/her in cash and in lump sum within 10 (ten) days. For payments made by the BUYER by credit card, the product amount will be returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. BUYER, the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 (two) to 3 (three) weeks, and since the reflection of this amount to the BUYER's accounts after the refund to the bank is entirely related to the bank transaction process, the BUYER, accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

17. DISPUTE RESOLUTION

In case of disputes arising from the implementation and interpretation of the Agreement, the Provincial or District Consumer Problems Arbitration Committees in the place where the BUYER purchases the product in his residence or where his residence is located, within the monetary limits determined within the framework of the legislation, and in disputes over the value in question, the Consumer Courts are authorized.

18. EVIDENCE AGREEMENT

SELLER's records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation.

19. FORCE

This Agreement, consisting of 19 (nineteen) articles, has been read by the Parties and concluded and entered into force by being approved electronically by the BUYER on the date [ to be filled in via the system within the scope of the order ] .