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Distance Sales Agreement

This Agreement, including the cases where the BUYER (Consumer) makes transactions with the application on his mobile device, belongs to the SELLER  https://www.yenistoksuz.com  regulates the rights and obligations of the parties regarding the sale-delivery of the products/services specified below ("Products/Products") to the BUYER by placing an order on the electronic commerce website ("INTERNET SITE") and other matters. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected with the payment method he/she chooses. 
 

Article 1 - PARTIES

SELLER :

Title  :

Atasan Foreign Trade - Abdulkerim Atayolu
(Mersis No:  )

 

Address :

Karadeniz Mahallesi General Aldogan Caddesi 1129 Sokak No:1 Gaziosmanpasa Istanbul

 

Phone :


212 438 34 37

 

Fax :

 

 

E-Mail :

support@yenitoptanci.com

 

Bank Account :

 

 

BUYER (CONSUMER) :

Name, Surname/Title :

 

 

Address :

 

 

Phone :

 

 

E-Mail :

 

 

 
Article 2: CONTRACT PRODUCT, PRICE, PAYMENT AND DELIVERY
 
The Type and Type, Quantity, Brand/Model/Color, Unit Price(s) and Sale Price of the Products (goods/services) and Delivery Information including the Payment (collection) Information and the place of delivery notified by the BUYER are as follows. The cargo company that will make the delivery does not have a branch in the place where the BUYER is located. otherwise, the BUYER must receive it from another nearby branch to be notified by the SELLER (Necessary information will be given to the BUYER by e-mail/mail, SMS or telephone in this regard). Other issues related to delivery are stated in the following article 7 of the Contract.

PRODUCT

UNIT PRICE (TL)

NUMBER

TOTAL (TL)

Brand, Product, Color, Size etc.  

____ TL

_

___ TL 

Total of gift voucher / Paracik / _______ used

___ TL

Order processing and shipping-shipping fees

___ TL

TOTAL PAYMENT FOR ORDER (Including VAT)

_____ TL

 
Payment (Collection) Information
Payment Method-Means : (Credit Card /Credit Card or Cash Collection at the Door)
[Card Type Visa ....
Card Number ....
Payment Credit Card ...
Credit Card Installation/Single Payment .
Total Amount ... ]

Delivery Information :

Name, Surname/ Title :

 

 

Address :

 

 

Phone :

 

 

E-Mail :

 

 

Invoice Information :

Name, Surname/ Title :

 

 

Address :

 

 

Phone :

 

 

E-Mail :

 

 

  
Item 3- ISSUES WHICH WAS INFORMED BEFORE THE BUYER
 
The BUYER, by seeing and examining all the general-specific explanations in the relevant pages-sections of the WEBSITE, before the BUYER accepts this Agreement on the WEBSITE and undertakes both the order and the payment obligation. accepts that he/she is informed.
--    Title and contact information of the SELLER and current introductory information,
--    Purpose-appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the product(s) from the WEBSITE,
--    Electronic contact information (Telephone:  4440486, www.ito.org.tr) where the SELLER is a member of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) and the ITO's code of conduct for the profession. /> --    Confidentiality, data usage-processing and electronic communication rules applied to the BUYER's information applied by the SELLER and the BUYER's permissions to the SELLER in these matters, the BUYER's legal rights, the SELLER's rights of the parties and the ways of using the rights of the parties,
--    Shipping restrictions stipulated by the SELLER for the products,
--    Payment methods-means accepted by the SELLER for the product(s) subject to the contract and the total price of the Products including the basic features-attributes, taxes (total price to be paid by the BUYER to the SELLER, including the related expenses) ,
--    Information on the methods of delivery of the products to the BUYER and the shipping-delivery-cargo costs,
--    Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the undertakings and responsibilities of the parties in these matters,
--    Products and other goods-services that the BUYER does not have the right of withdrawal,
--    In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used within the period, the BUYER will lose the right of withdrawal,
--    For Products with the right of withdrawal, the BUYER's request for withdrawal may not be accepted if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period and it will be liable to the SELLER in any case. In cases where the SELLER accepts, it can collect an amount that it deems appropriate according to the defect or change in question, with deduction (offset) from the refund to be made to the BUYER,
--    In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the return of the Product price and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return),
--    If the BUYER is a legal person, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of this nature) ca  "consumer rights" cannot use
--    According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER, since it is sent to the BUYER by e-mail after the BUYER has approved and established it on the WEBSITE, the SELLER that they can keep for three years.
--    In case of dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.


  
Article 4- RIGHT OF WITHDRAWAL
  
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty.
However, by law  There is no right of withdrawal in the contracts regarding the following goods / services, even if they have not been used / used: including special products imported/supplied from the country or abroad based on the order) b) cosmetics etc. and chocolate etc. perishable or expired goods such as foodstuffs c) cosmetics, swimwear, underwear, etc. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return in terms of health-hygiene , CD, DVD, audio and video recordings, software, etc. all kinds of digital products and computer consumables; vi) all services performed instantly in the electronic environment and all kinds of intangible goods delivered instantly to the consumer f) goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller/supplier, g) other than those provided under the subscription agreement, such as newspapers and magazines periodicals h) services for accommodation, transportation of goods, car rental, food and beverage supply, and leisure time utilization for the purpose of entertainment or rest, which must be done on a certain date or period i) services that are started to be performed within the right of withdrawal with the approval of the BUYER, and j) general In accordance with the relevant legislation, other goods-services considered outside the scope of distance sales and the BUYER's   cases where it makes purchases for commercial/professional purposes.
Where it is possible to use the right of withdrawal, the BUYER,  If he does not use the goods in accordance with the operation, technical specifications and usage instructions within the withdrawal period, he is responsible for the changes and deteriorations that occur as per the law.  Accordingly,  If there is any change or deterioration due to the fact that the Product is not used in accordance with the instructions for use, technical specifications and operation until the withdrawal date, the BUYER may lose its right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the product to be returned, equal to the change / deterioration.
In cases where there is a right of withdrawal, it is sufficient for the BUYER to have sent a clear notification to the SELLER (verbally/written to the above-mentioned contact addresses) within the legal 14-day period, stating that he/she has exercised his/her right of withdrawal. In case the said right is exercised within the time limit, the Product must be sent to the above address of the SELLER within a maximum of ten (10) days, at the BUYER's expense. If a contracted courier company is specified for product returns on the INTERNET SITE, the BUYER can send the product from a branch within or outside the District where it is located, in this case, no expense will be charged from the BUYER.
In this return process, the product must be delivered complete and undamaged with its box, packaging and standard accessories, if any. In addition, in cases where a Return Invoice must be issued by the BUYER as per the tax legislation, the following section regarding the return shall be filled in and signed on the invoice to be returned with the Product. Order returns whose invoices are issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued).
 The address to which the product will be returned, SELLER address / delivered for return  cargo company  address."
Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date on which the notice of withdrawal is received by the SELLER, the price of the Product and, if any, the delivery costs of the Product to the BUYER shall be paid to the BUYER. ü in accordance with the payment instrument used when purchasing  is returned.
The BUYER's legal rights-responsibilities after the withdrawal period regarding the Products and the SELLER's rights and obligations, including the contractual and legal collection-deduction rights from the BUYER, including those related to the award points. available and valid. 


ARTICLE 5 - SPECIAL CONDITIONS APPLIED WHEN THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE CONTRACTUAL PRODUCT AND/OR PAYS THE SELLER USING REWARD POINTS 
 
5.1. Between an organization that earns award points, etc., and the BUYER and SELLER, discounts, etc. to provide  In the presence of a current agreement-contract that allows, the BUYER, the said agreement of the SELLER and also  If he/she has won such an award point due to the exchange subject to this Agreement as required by his/her contract with the aforementioned organization,  In cases where a refund is made to the BUYER by withdrawal or other termination/cancellation of the order, the amount (monetary value) of the reward points, gifts and similar earned by the BUYER with the purchase subject to this Agreement is taken back from the BUYER.
as follows; Unless a different method is stipulated in the SELLER's agreement with the relevant organization, this repurchase process is first of all if the BUYER has sufficient other reward points at the said institution-system (excluding the reward points earned by the shopping subject to this Agreement). It is made by deducting  (by deduction) from the points, if not available, from the price that the SELLER will return to the BUYER in cash. 
5.2. Payment to the SELLER by the BUYER in the purchase of the Product subject to this Agreement, partially / completely, award points, etc. If it is made with In cases where the Product price is returned to be refunded to the BUYER in accordance with the relevant provisions of the Contract, the reward points used by the BUYER before the SELLER while purchasing the Product on the WEBSITE, and the like, Unless the SELLER has a different agreement with the relevant organization, it can be returned to the BUYER (again as points). 
5.3. It is determined by the BUYER to gain or use unfair reward points in any way  In such cases, as a general rule, the monetary value-amount of the aforementioned award points may be collected by the SELLER from the BUYER (by credit card, cash and other legal methods). This provision is delivered to the BUYER by the SELLER as a result of the implementation of such a system. It is also valid for the price of the goods given as a gift. 
5.4. Other matters related to the acquisition and use of award points and the like are subject to the provisions of the agreements-contracts between the said institution and the BUYER and the SELLER, and where relevant, the SELLER may use all certain rights-authorities before the BUYER and the organization, both here and in the aforementioned contract-agreements, It may also perform the relevant transactions on behalf and/or account of the specified organization and/or other workplaces in the same system.
5.5. Reward points, gift certificates, etc. earned from the SELLER or used by the SELLER. cash money requests in return are not accepted under any circumstances.
5.6. The SELLER accepts no liability for the disputes between the BUYER and the above-mentioned organizations and any material, legal, financial and non-financial consequences thereof; The above provisions are valid and reserved.
5.7. The above provisions, if any, are applied by analogy in the acquisition and use of reward points obtained by the Consumer directly from the SELLER.
All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in their payments to the SELLER, thus, the BUYER accepts the above special conditions. 
 
ARTICLE 6 - SECURITY-PRIVACY, PERSONAL INFORMATION,  RULES ON ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS


 The privacy rules-policy and conditions, the current principles of which are stated below, apply on the protection, confidentiality, processing-use, communications and other issues of information on the INTERNET SITE.
6.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE, and the   In the system infrastructure, according to the nature of the information and transaction, it has been taken within the scope of today's technical possibilities. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
 
6.2. The BUYER's membership in the WEBSITE and the information obtained during his shopping, the SELLER, the group companies he is involved in Atasan Dış Ticaret - Abdulkerim Atayolu For electronic and other commercial-social communications to be made for the purpose of all kinds of information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications, it can be recorded indefinitely or for the period to be determined by the specified ones and their successors, and stored in printed/magnetic archives. can be updated, shared, transferred, transferred, used and processed in other ways when deemed necessary. These data can also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and gives permission for the use, sharing, processing of existing and new information, personal and non-personal, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make electronic communications and other communications, whether commercial or non-commercial.
.
6.3. The BUYER can always stop the data usage-processing and/or communications by reaching the SELLER through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to which it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, You can always apply to the SELLER from the above communication channels and get information on issues such as the elimination of damage due to the processing of the SELLER. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
6.4. Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.
6.5. SELLER   reserves the right to make any changes it deems necessary on the above issues;  These changes become effective as soon as they are announced by the SELLER on the WEBSITE or by other appropriate methods.
6.6. On other sites accessed from the INTERNET SITE, their own privacy-security policies and terms of use are valid, the SELLER is not responsible for any conflicts and negative consequences that may arise.
 

Article 7- GENERAL PROVISIONS
 

7.1. The product subject to the contract is delivered to the BUYER or the third person/organization at the address indicated on the WEBSITE, on the basis of the following principles, provided that the legal 30-day period is not exceeded.
SELLER,  It sends and delivers the products through a contracted cargo company for its shipments. In the event that this cargo company does not have a branch at the location of the BUYER, the BUYER is required to receive the Product from another nearby branch of the cargo company notified by the SELLER.  
Products in stock are delivered to cargo within three (3) working days at the latest from the date of order. However, if there are products with a campaign in the same order, the campaign is expected to end, and then, within 3 (three) working days at the latest, all the Products subject to the order are sent to the cargo company to be delivered to the person and address specified by the CONSUMER during the order. is given. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) working days under normal conditions, depending on their distance.
7.2 In general and unless expressly stated otherwise, the delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or a part of the delivery costs in question to the BUYER, depending on the campaigns it carries out at the time of the sale and announced the terms on the WEBSITE.
7.3. In the event that the BUYER is not present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. In case there is no one to take delivery at the address, it is the BUYER's responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery.
In these cases, all kinds of damages arising from the late delivery of the Product by the BUYER and the fact that the Product has been waiting in the cargo company and / or the cargoThe expenses incurred due to its return to the SELLER also belong to the BUYER.
7.4. The BUYER is responsible for checking the Product as soon as he receives it and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the Cargo company official. Otherwise, the SELLER will not accept responsibility.
7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have fully paid the price before receiving the Product. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the SELLER or demands a refund of the price paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. . If the non-payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
In order to avoid any hesitation; The BUYER's sales price is paid by the credit card, installment card etc. owned by banks (including financing institutions). In cases where the card is paid with, all the facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales realized within this framework and for which the SELLER collects the price all in one or step by step, are not sales on credit or installments for the parties of this Agreement, they are cash sales. The legal rights of the SELLER in cases deemed to be sales in installments by law (including the right to terminate the contract and/or demand payment of the remaining debt together with default interest in case of non-payment of installments) are available and reserved within the framework of the relevant legislation. In case of default of the BUYER, monthly default interest is applied as stipulated by the applicable laws.
7.6. If the product cannot be delivered within the legal maximum 30-day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER agrees with the BUYER regarding the delivery. informs. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Contract, within three (3) days from the date of learning of this situation, on the condition that the BUYER clearly informs the BUYER in accordance with the law and receives his verbal / written approval,   may supply another good/service at equal quality-price and shall be deemed to have fulfilled its contractual commitment in this way. The BUYER is free in all respects whether to give the said approval and in cases where he does not give consent, the contractual-legal provisions regarding the cancellation of the order (Contract termination) are applied.
7.8. In order cancellations and contract terminations, including contract-lawful withdrawals, if the product price is collected, it is returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER to the SELLER for the payment of the product price. For example, in credit card payments, the refund is made by way of a refund to the BUYER's credit card, and the Product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and take responsibility in any way for possible delays (the banks' process of reflecting the refund to the BUYER account is usually three times a day. can find the week).
The SELLER has and reserves the right to set off, discount and deduction arising from this Agreement and the law for the price to be refunded. The BUYER's legal rights are also reserved and available in cases where the contract is terminated by the BUYER due to the SELLER's failure to perform.
7.9. The BUYER may notify the SELLER, verbally or in writing, about his requests and complaints regarding the product and sale, by reaching the SELLER communication channels in the preamble of the Contract.
7.10. Some of the issues written in article 3 above may not be included in this Agreement due to their nature; however, the   In the Preliminary Information, they are also included in the information pages/sections of the WEBSITE -- sales stages or general-- depending on their interest.
7.11. Since they are sent to the e-mail address that the BUYER has declared after acceptance,   to such Information and this Agreement.me can always be accessed and reviewed by saving and storing the aforementioned e-mail on his device. On the other hand,  For a period of three years in the systems owned by the SELLER  is preserved.
7.12. SELLER records (including records in magnetic media such as computer-sound recordings) constitute evidence in the resolution of any disputes that may arise from this Agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.

 

Article 8- LEGAL REMEDIES OF THE BUYER - AUTHORIZED JURISDICTIONS
 

In disputes that may arise from this Agreement, the   Provincial and District Consumer Arbitration Committees are authorized within monetary limits, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts at the place of residence (residence) of the BUYER or of the SELLER, if he/she wishes.
The BUYER agrees that he has read all the conditions and explanations written in this Contract and in the pre-information of the order-contract (INTERNET SITE), which form an integral part, the basic feature-qualities, sales price, payment of the Product/Products subject to sale. He has prior knowledge of all matters written in Article 3 of this Agreement, including the form, delivery conditions, SELLER and all other preliminary information about the Product subject to sale, including the right of withdrawal, personal information, electronic communication and award points, It accepts and declares that it accepts the provisions of this Agreement by ordering the Product by giving confirmation-approval-acceptance-permission to all these in electronic environment on the WEBSITE.
Both the aforementioned preliminary information and this Agreement are also sent to the above e-mail (mail) address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the aforementioned e-mail along with the order summary.

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