ARTICLE 1 – THE PARTIES
Commercial Title: Keba Dresses
Address: Duaçınarı,, Karlıdağ Cd. No: 114, 16270 Yıldırım / Bursa
E-mail: [email protected]
ARTICLE 2- SUBJECT OF THE AGREEMENT:
(1) This Regulation; It is applied to contracts made in writing, visual and electronic media or using other communication means and without confrontation with consumers, for which the goods or services are delivered to the consumer instantly or subsequently or executed.
(2) The provisions of this Regulation;
a) Related to banking and insurance,
b) Regarding the sales made through automatic machines,
c) Concluded with those who provide telecommunication services by using public telephones,
ç) Regarding the sale, lease and other rights of the real estate,
d) Concluded by increasing or decreasing,
does not apply to contracts.
(3) Articles 5, 6, 7 and 8, and the first paragraph of Article 9;
a) Regarding the transportation of foodstuffs, beverages or other daily consumables to the consumer’s home or workplace within the framework of regular deliveries of the seller, b) Contract established with the providers providing services in areas such as travel, accommodation, restaurant, entertainment sector and within a certain date or time frame of the provider. under the obligation to provide the subject of service,
does not apply to contracts.
ARTICLE 3- PRODUCT INFORMATION:
(1) This Regulation has been prepared on the basis of Articles 9 / A and 31 of the Law No. 4077 on Consumer Protection, dated 23/2/1995.
ARTICLE 4 –
(1) In this Regulation;
a) Minister: Minister of Industry and Trade,
b) Ministry: Ministry of Industry and Trade,
c) Service: Any activity other than providing goods for a fee or benefit,
ç) Lenders: Banks, private financial institutions and financing companies authorized to give cash loans to consumers in accordance with the relevant legislation,
d) Goods: The movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment,
e) Distance contract: Contracts made in written, visual, telephone and electronic media or using other means of communication and without confrontation with the consumers and the delivery of the good or service to the consumer immediately or later,
f) Provider: Real or legal persons providing services to consumers within the scope of their commercial or professional activities, including public legal entities,
g) Seller: Real or legal persons that offer goods to the consumer within the scope of their commercial or professional activities, including public legal entities,
ğ) Continuous data carrier: Any means or environment that allows the consumer to be recorded in a way that allows the consumer to review the information personally sent for a reasonable period of time in accordance with the purpose of this information,
h) Consumer: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
ı) Remote communication tool: It means any means or medium that allows for the establishment of a contract without physically confronting, such as letter, catalog, phone, fax, radio, television, e-mail message, internet.
General Arrangements Regarding Distance Contracts
Preliminary information and information form
ARTICLE 5 –
(1) Before the establishment of the distance contract, the consumer is informed by the seller or the supplier in a clear, understandable manner and in accordance with the remote communication tool used.
a) Name, title, full address, telephone and other access information, if any, of the seller or provider.
b) Basic characteristics of the goods or services subject to the contract.
c) Sale price of the goods or services in Turkish Liras, including all taxes.
ç) Delivery costs, if any.
d) Information regarding payment and delivery or performance.
e) Conditions of exercising the right of withdrawal and how to exercise this right.
f) In cases where the usage fee of the remote communication tool is not calculated over the usual fee tariff, the additional cost charged to the consumers due to the use of this communication tool.
g) The validity period of the commitments, including the price for the goods or services.
ğ) In cases where the subject of the contract consists of an act of goods or services performed continuously or periodically, the minimum duration of the contract in question.
h) Conditions of termination of debt relationships with indefinite duration or more than one year.
i) Information regarding the complaints and objections of consumers that the applications can be made to the arbitral tribunal or to the consumer court, within the monetary limits determined by the Ministry every year, within the monetary limits determined by the Ministry.
(2) The seller or supplier, in a reasonable time before the goods subject to the contract reaches the consumer and for the services before the performance of the contract, the first paragraph
The information form containing all of the information contained in it must be delivered to the consumer in writing or through a continuous data carrier. In cases where verbal remote communication tools such as telephones are used, the seller must deliver the information form containing all of the information in the first paragraph to the consumer at the latest during the delivery of the goods.
(3) It is obligatory to state that the information specified in the first paragraph is provided for commercial purposes in accordance with the remote communication tools used and within the framework of the principles of benevolence, in order to protect adults who are not mature and lack the power of discrimination.
(4) In case of using verbal remote communication tools such as telephone, it is also obligatory to inform the consumer clearly of the identity of the seller or provider and the commercial purpose of the interview at the beginning of each call.
Confirmation of prior information
ARTICLE 6 – (1) Unless the consumer confirms in writing that he has obtained the preliminary information specified in article 5, the contract cannot be concluded by the seller or supplier. Confirmation of contracts made electronically is done electronically.
Right to withdraw
ARTICLE 7 –
(1) In distance contracts, the consumer has the right to withdraw from the contract within seven days without any justification and without paying a penalty. It is sufficient to inform the notification that the right of withdrawal has been exercised in writing or through a permanent data carrier within this period.
(2) The right of withdrawal starts to operate in the contracts related to the delivery of the goods, from the day the consumer receives the goods, and from the day the contract is concluded in other contracts.
(3) The right of withdrawal is three months in case the seller or provider fails to fulfill its obligations specified in Articles 5 and 6. This period starts from the day the consumer receives the goods in the contracts related to the delivery of the goods and from the day the contract is concluded in the other contracts. However, if the obligations specified in Articles 5 and 6 are fulfilled within a three-month period, the seven-day right of withdrawal from the first clause starts to operate from the day these obligations are fulfilled. It is sufficient to notify the declaration of will that the right of withdrawal is exercised in writing or with a permanent data carrier within this period.
(4) Unless otherwise agreed by the parties, the consumer cannot exercise his right of withdrawal in the following contracts.
a) Service contracts, which have started with the approval of the consumer before the end of the right to withdraw, is completed.
b) Contracts for goods whose prices are determined in the stock market or other organized markets.
c) Contracts for the delivery of goods that are prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return in nature and are at risk of deterioration or may expire.
ç) Contracts related to audio or video recordings, software programs and computer consumables provided that the package is opened by the consumer.
d) Contracts for the delivery of periodicals such as newspapers and magazines.
e) Contracts for the performance of bets and lottery services.
f) Contracts related to the services executed in electronic environment and the intangible goods delivered to the consumer instantly.
(5) For the full or partial execution of the debt, the consumer or the supplier or a third party cooperating with him, in distant contracts, in case of using the right of withdrawal in accordance with the provisions of this article, the loan contract also requires any compensation or penal clause. ends without subject. However, for this, the notice of withdrawal should also be sent to the lender in writing. Mutual return obligations of the parties are reserved.
Consequences of exercising the right of withdrawal
ARTICLE 8 –
(1) In the event that the consumer uses the right of withdrawal, the seller or supplier is obliged to return the total price he has received within ten days from the date of the withdrawal notification to him, and to return the goods within twenty days without any charge to the consumer. .
(2) The decrease in the value of the delivered goods or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is caused by the defect of the consumer, the seller must compensate for the value or decrease in the value of the good. Changes and distortions caused by the customary use of the goods are not deemed to be degraded.
Execution of the contract
ARTICLE 9 –
(1) Unless otherwise agreed by the parties, the seller or supplier shall execute the order subject no later than thirty days from the day the order is delivered to him by the consumer. This period is provided to the consumer in writing or with a continuous data carrier.
can be extended for a maximum of ten days.
(2) In cases where it is impossible to fulfill the purchase of the goods or services subject to the order, the consumer should be informed about this situation and the total price he paid and any documents that put him in debt must be returned to him within ten days at the latest. The fact that the goods are not in stock is not considered to be impossible to fulfill.
(3) The seller or supplier may supply the consumer with another good or service of equal quality and price, provided that it meets the following conditions.
a) To be agreed in the contract.
b) Understanding that the good or service subject to the contract cannot be supplied for a just reason.
c) Informing the consumers in a clear and understandable way and getting their approval.
Goods and services not ordered
ARTICLE 10 –
(1) In the case of delivery of the goods not ordered or the provision of the service; Except for the use or consumption of the good or service, the seller or provider cannot claim any rights against the consumer. In these cases, the silence of the consumer cannot be interpreted as a declaration of acceptance for the establishment of the contract and the consumer has no obligation to send or retain the property.
Pay by card
ARTICLE 11 –
(1) In cases where payment in distant contracts is made without a credit card, debit card or similar payment card and spending document, if the card is used illegally by another person; Transactions are made according to the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10/3/2007 and numbered 26458.
Information retention and proof of proof
ARTICLE 12 –
(1) The seller or supplier is obliged to establish the system for informing the consumer and exercising his right of withdrawal and to keep this information in written, audible or electronic environment for three years.
(2) The seller or supplier is obliged to prove that the delivery of the intangible goods or services provided to the consumer in the electronic environment is done without any shame.
Miscellaneous and Final Provisions
ARTICLE 13 –
(1) The Regulation on the Procedures and Principles of Distance Contracts Implemented in the Official Gazette dated 13/6/2003 and numbered 25137 has been repealed.
ARTICLE 14 –
(1) This Regulation comes into force on the date of its publication.
ARTICLE 15 –
(1) The Minister of Industry and Trade executes the provisions of this Regulation.
In the event that the order is concluded, the BUYER will be deemed to have accepted all the terms of this contract.