Prior Information Form https://gulenim.com/
The subject of this preliminary information form for a sales contract is Consumer Protection Law No. 6502 – Distance Contracts Regulations (OG: 27.11.2014 / (29188)), which covers the rights and obligations of the parties. By accepting this Preliminary Information Form, the Buyer agrees in advance that if the subject of the Contract confirms the order, it will be obligated to pay the additional fees specified, such as the price subject to the order, shipping charges and taxes, if any, and that it has been advised.
Address: aksemsattin mah akdeniz cad no 113 kat 5 daire 9 fatih istanbul
Phone: +90 555 059 5556
+90 555 059 5556
Buyer Information (hereinafter referred to as the Buyer)
Person to be delivered: Delivery address:
4.) Order information (hereinafter referred to as the customer
Product information / products subject to the contract
5.1 The main features (type, quantity, brand/model, color and number) of the good/product/products/service are available on the seller’s website. You can check the basic features of the product during the campaign. Valid until the campaign date.
5.2 The prices listed and announced on the Website are the selling price. The advertised prices and promises are valid until updated and changed. The announced periodically is valid until the end of the specified period.
5.3 The sale price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Payment method: It will be added to the contract when the order is completed.
Order date: 03-24-2021
The shipping fee, which is the cost of shipping the product, will be paid by the buyer.
6.1 The Buyer accepts, declares and undertakes that it has read the preliminary information about the basic characteristics, sale price, method of payment and delivery of the Product subject to the Contract on the Website of the Seller and provides the necessary confirmation electronically. The Buyer accepts, declares and undertakes that it has confirmed the preliminary information, prior to creating the distance sales contract, the address which the Seller must give the Buyer, the essential features of the Products ordered, the price of the Products including taxes, payment and delivery information correctly and completely.
6.2 Each product subject to the Contract shall be delivered to the person and / or organization at the address indicated by the Buyer or Buyer within the period specified in the Preliminary Information section of the Website, depending on the distance of the Buyer’s place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the buyer within this period, the buyer reserves the right to terminate the contract.
6.3 The seller must deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, with warranty documents, user manuals, if any, without defects, information and documents required by legal legislation and in accordance with the standards and principles of integrity and honesty in business. Accepts, declares and undertakes to perform within the scope of work, to maintain and increase the quality of service, and to show the necessary care and attention while performing the work. , to act with wisdom and insight.
6.4 The seller may supply a different product of equal quality and price by informing the buyer and obtaining his express consent before the contractual performance obligation expires.
6.5.SELLER accepts, declares and undertakes that if it fails to fulfill its contractual obligations in the event that it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days of learning and return the total price to the purchaser within 14 days.
6.6 The Buyer accepts, declares and undertakes that it will electronically confirm this Initial Information Form for the delivery of the Contractual Product, if for any reason the Contractual Product price is not paid and/or canceled in the bank records, Seller’s obligation to deliver the Contractual Product shall terminate.
6.7. The buyer, after delivering the product subject to the contract to the person/or organization at the address specified by the buyer or the buyer, if the price of the product subject to the contract has not been paid to the seller by the relevant bank or financial institution, the buyer contract accepts, declares and undertakes that he will return the product in question to the seller Within 3 days, the seller bears the shipping costs.
6.8 The Seller accepts, declares and undertakes that it will inform the Buyer of the situation if he cannot deliver the product subject to the contract within the period due to force majeure circumstances such as the occurrence of unforeseen and unforeseen situations that prevent and / or delay the payment of the debts of the parties. The buyer also has the right to ask the seller to cancel the order, replace the product under the contract with a previous one, and / or postpone the delivery period until the obstacle is eliminated. In the event that the order is canceled by the Buyer, the amount of the product is paid to him in cash and within 14 days in the payments made by the Buyer in cash. For payments made by the Buyer by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the Buyer.
Right to withdraw
8.1 Buyer; In distant contracts related to the sale of goods, within 14 (fourteen) days from the date of delivery to the product itself or to the person / organization at the indicated address, it can use the right to withdraw from the contract by refusing the goods without any legal and criminal liability and without any justification Provided that the seller is notified. In contracts for the provision of remote service, this period begins from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts whose service begins with the consent of the consumer. The costs arising from the use of the right of withdrawal belong to the seller, and the buyer accepts in advance that he has been informed of the right of withdrawal by accepting this contract.
8.2 In order to use the right of withdrawal, written notice must be given to the Seller by registered mail, fax or e-mail within 14 (fourteen) days and the Product must not be used in accordance with the provisions of the “Products” for which the right of withdrawal cannot be exercised “provided in This contract. If this right is exercised,
8.2.13. The invoice for the product delivered to the person or the buyer (if the invoice for the product to be returned is a company, it must be sent with the return invoice issued by the organization when it is returned.
8.2.2. return form,
8.2.3 Products to be returned must be delivered complete and undamaged, with box, packaging and standard accessories, if any.
8.2.4 The Seller is obligated to return the total amount and documents placing the Buyer under debt within 10 days of receiving the notice of withdrawal to the Buyer and to return the Goods within 20 days.
8.2.5. If there is a decrease in the value of the goods due to a reason caused by the buyer’s fault or if the return becomes impossible, the buyer is obligated to compensate the seller’s damages at the rate of his fault. However, the buyer is not responsible for changes and deteriorations that occur due to the proper use of the product or the product within the right of withdrawal.
8.2.6 If the campaign limit amount set by the seller is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
9- Products that cannot be used for withdrawal
9.1.a) Contracts for goods or services whose prices vary depending on fluctuations in the financial markets and are not under the control of the seller or supplier.
b) Goods contracts prepared in line with the consumer’s desires or personal needs.
c) Contracts for delivery of perishable or expired goods.
ç) for goods whose protective elements such as packaging, tape, sealing, packaging have been opened after delivery; Non-refundable health and hygiene service delivery contracts.
d) Contracts for goods which are mixed with other products after delivery and cannot by their nature be separated.
e) Contracts for books, digital content, computer consumables, data logging and data storage devices available in the material environment if protective items such as packaging, tape, seal and parcel are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines other than those stipulated in the subscription agreement.
g) Contracts for the use of leisure time in accommodation, furniture transportation, car rental, food and beverage supply, entertainment or recreation, which must take place on a specified date or period.
“) Contracts related to services provided instantly in the electronic environment or real estate goods that are delivered immediately to the consumer.
h) Contracts related to services commenced with the consent of the consumer prior to expiry of the right of withdrawal.
Cosmetics and personal care products, underwear products, swimwear, bikini, books, software and reproducible software, DVD, VCD, CDs and tapes, stationery consumables (toner, cartridge, tape, etc.) not use it.
9.2. The buyer can submit complaints and objections to the arbitration panel or consumer court for consumer problems in the place where the consumer is located or where the consumer is treated within the monetary limits specified in the following law. The information about the cash limit is below:
Value of applications to be submitted to consumer arbitration committees for the year 2017 as of 01/01/2017:
a) in disputes of less than 2,400 (two thousand four hundred) Turkish liras, local consumer arbitration committees,
b) Provincial Consumer Arbitration Committees in disputes between 2,400 (two thousand four hundred) Turkish liras and 3610 (three thousand six hundred and ten) Turkish liras in the urbanized counties,
c) Provincial Consumer Arbitration Committees in disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in district centers that are not in an urban state,
ç) Provincial Consumer Arbitration Committees have been appointed in disputes between 2,400 (two thousand four hundred) Turkish liras and 3610 (three thousand six hundred and ten) Turkish lira in district areas that do not have an urban status.
This agreement is for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
Company Title: GÜLENİM GROUP DIŞ TİCARET VE DANIŞMANLIK HİZMETLERİ LİMİTED ŞİRKETİ
Address: AKŞEMSETTİN MAH.AKDENİZ CAD NO: 113/9 FATİH/ İSTANBUL- TURKEY
Phone: +90 537 702 0844
E-mail: [email protected]
ARTICLE 2 – SUBJECT
The subject of this Agreement is determining the Parties’ rights and obligations under the Code Regarding Protection of Consumers numbered 6502 for the sale and delivery of the product of which the price and qualities are stated below and which is electronically ordered by the Buyer on //www.gulenim.com – the website belonging to the Seller.
The rights and obligations of the Seller, the Buyer and the Provider, right of withdrawal, information liability, procedures and principles of delivery and other practices will be defined according to the by-law which will enter into force with respect to this issue.
ARTICLE 3 – PRODUCT OF THE AGREEMENT
The type and kind, quantity, trademark/model, the color, and the price of the products are defined as in ….. and this information is approved by the BUYER. These two copies of the Agreement signed by the Seller previously is undersigned and accepted by the Buyer on…. , and a copy of the same shall be sent to the mail address of the Buyer via mail. Goods/services shall be delivered to …….. at such address ………………….. that the Buyer demanded for the delivery to be made.
Type of Payment:
ARTICLE 4 – GENERAL PROVISIONS
4.1. The Buyer accepts and declares that he/she read the preliminary and other information stated on the //www.geminimall.com website about the basic features, sale price, validity period of the price, payment type and delivery of the product of the Agreement which is ordered on the // www.gulenim.com website belonging to the Seller, has accurate information about these issues and confirms the electronic purchase.
4.2. The product/products of the Agreement is/are delivered to the address of the Buyer or to the person’s/institution’s address indicated by the Buyer for every product according to the distance of the Buyer’s residential area within the time period defined by the preliminary information on the website with the condition of not passing the legal time limit of 30 days following the time of receipt of the order by the Seller which is defined by the applicable law. Shipment fee will be paid by the Buyer.
4.3. If the product of the Agreement is to be delivered to a person/institution other than the Buyer, the Seller shall not be held responsible for the refusal of the acceptance of delivery by them.
4.4. The Seller is responsible for delivering the product of the Agreement safely, wholly, compatible with the qualities defined by the order and with the user’s manual and warranty certificate if available.
4.5. For the delivery of the product of the Agreement, the Agreement shall be confirmed electronically and the price of the product shall be paid in the payment type preferred by the Buyer. If the price of the product is not paid or deleted from the bank records for any reason, it is accepted that the Seller is released from the liability of delivering the product.
4.6. After the delivery of the product, if the particular bank or financial institution does not pay the product price to the Seller because of that the credit card of the Buyer is used by the incompetent persons unrightly or illegally without the Buyer’s fault, the Buyer shall send the product to the Seller in 3 days if it’s delivered to him/her. In such a case, the transportation expenses shall be paid by the Buyer.
4.7. If the product price of the Agreement is paid by the Buyer with credit card, all legal risks which may emerge from a case in which the Buyer and the credit card owner or the person to whom the product is to be delivered are different, including the usage of the credit card by unauthorized people unrightly and illegally belong to the Buyer. The Buyer accepts, declares and undertakes not to make any demand from the Seller if he/she suffers damage in such situations.
4.8. In case the payment for the product of the Agreement is made to the ATM of a bank or as “deposit to account” at a branch of a bank by the Buyer, the Buyer accepts and undertakes to send an IBAN number of a bank account belonging to him/her rightly and wholly to the [email protected] website of the Seller for the usage of it in case the price of the product is to be returned to the Buyer pursuant to the provisions of the Agreement and to give consent to the return that will be carried out by the Seller. If the Buyer does not notify the Seller of his/her IBAN number as defined, he/she is not entitled to make any claim.
4.9. If the Seller fails to deliver the product of the Agreement within the legal term of 30 days due to force majeure or emergency such as adverse weather conditions unabling the transportation, interruption of the transport and/or technical reasons, etc., he/she shall inform the Buyer about this issue. In such a case, the Buyer is entitled to use one of his elective rights which are canceling the order, replacement of the product of the Agreement with a new one if available and delaying the delivery period until the disappearance of the situation preventing the delivery. If the Buyer cancels the order, then the paid amount is repaid with credit card or in cash at once within 10 days.
4.10. The defective or damaged products sold with or without warranty certificate may be sent to the Seller for the necessary repairment under the conditions of warranty. In such a case, the delivery fee shall be paid by the Seller.
4.11. If the Buyer resides/stays outside of the Turkish Republic borders and/or the delivery address of the product is outside of the Turkish Republic borders; he/she accepts, declares and undertakes to be responsible for all the customs, fees and other financial obligations according to the applicable law of the respective foreign state, and to make the payments that will be demanded for the delivery of the product immediately and in kind. Besides, if the address of the Buyer is outside of the delivery area of the contracted courier company of the Seller, the Buyer undertakes either to pay all the expenses that will be demanded to make the delivery of the product or the delivery of the product/products subject to the sale from the respective branch of the contracted courier company of the Seller by the Buyer/Buyers in person stated in this Agreement. The Buyer will be informed by the contracted courier company of the Seller in advance about this issue, and the Buyer may terminate the Agreement at will.
4.12. The Buyer and the Seller accept, declare and undertake that the correspondence addresses written in the beginning of the Agreement are valid for notification and all notifications made to these addresses are to be regarded as valid.
4.13. The Seller has the right to communicate with the Buyer via the address stated by the Buyer on the register form or the updated address, e-mail address, letter, e-mail, SMS, phone call or other ways through the fixed or mobile phone lines for communication, marketing, notification and other reasons. The Buyer accepts and declares by accepting this Agreement that the Buyer has the right to communicate with him/her as mentioned above.
4.14. The Buyer accepts and undertakes primarily to abide by the applicable law and not to infringe these rules when using the website of the Seller. Otherwise, the Buyer is liable for all legal and punitive obligations wholly and exclusively.
4.15. The Buyer shall not use the website belonging to the Seller by destroying the public order or disturbing and abusing the others or behaving against general morality or for an illegal aim or in a way infringing the material and moral rights of others. Besides, no member has the right to perform any transaction obstructing or preventing the usage of the services by others (spam, virus, truva, etc).
4.16. Link may be given via Seller’s own website to other websites and /or other web-contents which are not under the control of the Seller and/or belong to or are managed by the third parties. These links are given as a direction facility for the Buyer, so they do not encourage any website or the persons managing the websites and do not constitute any warranty for the information stated in the particular websites.
4.17. The member infringing one or some of the articles of this membership Agreement is personally liable legally and punitively due to this infringement and he/she shall immune the Seller from these legal and punitive consequences. Besides, the Seller’s right to claim indemnity from the member due to not abiding by the membership Agreement is reserved in case the issue is taken to the field of law.
ARTICLE 5 – RIGHT OF WITHDRAWAL
Except from the exceptions stated in Article 6 of this Agreement, the Buyer has the right of withdrawal within 7 days following the delivery of the product of the Agreement to him/her or to the person/institution indicated by him/her. In order to use the right of withdrawal, the Buyer shall notify the Seller via fax, e-mail, telephone or a permanent data carrier by taking confirmation within the particular time period, and the product shall be one of the ones stated in Article 6 and for which the right of withdrawal can be used conditionally – the package of these products shall not have been opened and they shall not have been used. A copy of the cargo delivery record and the original invoice indicating that the product delivered to the Buyer or a third party shall is sent to the Seller shall be returned. The product price is repaid to the Buyer within 10 days following the receipt of these documents. If the original invoice is not sent, the value added tax and other legal responsibilities – if available – shall not be returned. Shipment fee of the returned product due to the right of withdrawal shall be paid by the Seller.
ARTICLE 6 – PRODUCTS NOT SUBJECT TO RIGHT OF WITHDRAWAL
Before the time period for the right of withdrawal ends; the right of withdrawal shall not be used for the contracts of service performed by the consent of the consumer, the contracts regarding the goods of which the prices are determined by the stock-exchange or the other organized markets, the contracts regarding the delivery of the goods prepared in line with the demands of the consumer or explicitly upon the consumer’s needs that are not suitable for return due to their properties and may go off quickly or may expire; and under the condition that their package is opened by the consumer, the contracts regarding the record of sound or image, software and consumables of the computers, the contracts regarding the delivery of the periodicals like newspapers and magazines, the contracts regarding the performance of the services of bet and lottery, the contracts regarding the services performed electronically and the non-material goods delivered to the consumer immediately; and the products that cannot be returned due to their properties, single-use goods, duplicable software and programs, the products that go off or expire quickly, the services performed electronically and immediately and the goods delivered immediately to the consumer.
ARTICLE 7 – GENERAL PROVISIONS
7.1. The persons who are under the age of 18, lack mental capacity or are under legal disability shall not conduct any purchase with the Seller.
7.2. The Seller is not responsible for the wrong prices due to the mistakes of the system or composition.
ARTICLE 8 – COMPETENCE
The Arbitration Committee for Consumer Problems or Consumer Courts at the place where the Buyer buys the product or service or the Buyer resides are the competent juridical authorities for the disputes that may emerge due to the performance of this Agreement within the monetary limits declared by the Ministry of Industry and Trade on December of every year.
This agreement is read, accepted and confirmed electronically. For the issues which are not regulated by this Agreement, the Code Regarding the Protection of the Consumers numbered 6502 and the provisions of the relevant applicable law apply.
GÜLENİM GROUP DIŞ TİCARET
VE DANIŞ HİZMET İ LTD ŞTİ ………………
Date: Date: 20-05-2019