Disclaimer
1. PARTIES
This Agreement is made and entered into as of [date] by and between [Buyer's Name], a [Buyer's Legal Status], whose address is [Buyer's Address] (hereinafter referred to as the "Buyer"), and Backup Medya Yay. Ve Paz. Anonim Şirketi, a company with its principal place of business located at Huzur Mah. Ahmet Bayman Cad. N: 8 Sarıyer/İstanbul (hereinafter referred to as the "Seller").
2. SELLER INFORMATION
Name: Backup Medya Yay. Ve Paz. Anonim Şirketi Address: Huzur Mah. Ahmet Bayman Cad. N: 8 Sarıyer/ İstanbul Telephone: Fax: Email Address: [email address removed] Tax Identification Number:
3. BUYER INFORMATION
Person to Whom Delivery Will Be Made: Delivery Address: Telephone:
4. INFORMATION OF THE PERSON PLACING THE ORDER (hereinafter referred to as the "ORDERER")
Name/Surname/Title: Address: Telephone:
Delivery Address: Person to Whom Delivery Will Be Made: Invoice Address: Order Date: Delivery Date: Delivery Method: Standard Delivery
5. DEFINITIONS
In the application and interpretation of this Agreement, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade MINISTRY: The Ministry of Customs and Trade LAW: The Consumer Protection Law REGULATIONS: The Regulations on Distance Contracts SERVICE: Any consumer transaction other than the provision of goods, performed or undertaken for a fee or benefit SELLER: A natural or legal person who offers goods to the consumer for commercial or professional purposes or who 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 www.cyberpetmagazine.com [invalid URL removed] belonging to the SELLER ORDERER: A natural or legal person who requests a good or service through the website www.cyberpetmagazine.com [invalid URL removed] belonging to the SELLER PARTIES: The SELLER and the BUYER AGREEMENT: This agreement entered into between the SELLER and the BUYER GOODS: Tangible goods, residential or holiday real estate, and intangible goods such as software, sound, images, and other similar goods prepared for use in electronic media that are the subject of the purchase
6. SUBJECT MATTER
The subject matter of this Agreement is the sale and delivery of the product/s ordered by the BUYER through the SELLER's website, with their qualities and sales price specified below, and the regulation of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulations on Distance Contracts dated November 27, 2014. The prices listed and announced on the SELLER's website are the sales prices of the products. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited time are valid until the end of the specified period. By accepting this distance sales agreement, the BUYER acknowledges and accepts that if they approve the order in question, they will be obligated to pay the price of the order and any additional fees specified, such as shipping costs, taxes, duties, etc., and that they have been informed of this.
7. INFORMATION ABOUT THE PRODUCT/S SUBJECT TO THE AGREEMENT
7.1. The basic characteristics of the good/s or service/s (type, quantity, brand/model, color, quantity) are listed on the SELLER's website www.cyberpetmagazine.com [invalid URL removed]. You can examine the basic characteristics of the product in detail. 7.2. The prices listed and announced on the SITE are the sales prices. The announced prices and promises are valid until they are updated and changed. The prices announced for a limited time are valid until the end of the specified period. After the end of the period, the updated and listed new prices of the products are valid. 7.3. The sales price of the good or service subject to the Agreement, including all taxes and excluding shipping costs, is shown in the table below. The BUYER acknowledges that they purchased the products knowing the prices in the table.
8. GENERAL PROVISIONS
8.1. The BUYER acknowledges, declares, and undertakes that they have read and know the qualities, sales price, payment method, and delivery information regarding the product/s subject to the Agreement on the SELLER's website cyberpetmagazine.com, and that they have given the necessary approval in electronic format. The BUYER acknowledges, declares, and undertakes that their electronic confirmation of the Pre-Information, prior to the conclusion of the distance sales agreement, means that they have obtained and understood the address,
the basic characteristics of the products ordered, the price of the products including taxes, and the payment and delivery information 1 accurately and completely. 8.2. Each product subject to the Agreement shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within 2 the period specified in the pre-information 3 section on the website, depending on the distance of the BUYER's place of residence, not exceeding the 30-day legal period. The SELLER shall not be held responsible if the person and/or organization at the address indicated by the BUYER refuses delivery. If the SELLER fails to fulfill its obligation within the 30-day legal period, the BUYER may terminate the Agreement. 8.3. The SELLER undertakes to deliver the product subject to the Agreement complete, in accordance with the specified qualities in the order, and with any warranty certificates, user manuals, and necessary information and documents, free from all defects, and in a sound, standard-compliant manner in accordance with legal regulations. Moreover, the SELLER undertakes to perform the service in accordance with the principles of accuracy and honesty, to maintain and improve the quality of the service, to exercise the necessary care and diligence during the performance of the service, and to act with caution and foresight. 8.4. If the SELLER is unable to fulfill its obligations under the Agreement due to the impossibility of fulfilling the product or service subject to the Agreement, the SELLER shall notify the BUYER in writing or through a permanent data storage device within 3 (three) days from the date they become aware of this situation and shall refund all payments to the BUYER, including any delivery costs, within 14 (fourteen) days from the date of notification. 8.5. The payment of the price of this Agreement must be made through the payment method chosen by the BUYER for the delivery of the product subject to the Agreement. The BUYER acknowledges and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, 4 and that if the price of the product subject to the Agreement is not paid or is canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement will cease. 8.6. The BUYER acknowledges, declares, and undertakes that their benefit from the campaign organized by the SELLER is conditional upon their full and timely fulfillment of the campaign conditions, and that if they fail to fulfill the campaign conditions specified on the website in full and on time in order to benefit from the campaign, they will not be able to benefit from the campaign. In this context, the invoice for the purchased product will be issued after determining whether the campaign conditions have been fulfilled by the BUYER. 8.7. If the BUYER's credit card is used fraudulently by unauthorized persons after the delivery of the product subject to the Agreement to the BUYER or the person and/or organization 5 indicated by the BUYER, 5 resulting in the SELLER not being paid the price of the product subject to the Agreement by the relevant bank or financial institution, the BUYER undertakes to return the product subject to the Agreement to the SELLER within 3 days, provided that it has been delivered to them, at the SELLER's expense. 8.8. If the SELLER is unable to deliver the product subject to the Agreement within the specified period due to force majeure events such as unforeseen events beyond the parties' control that prevent or delay the fulfillment of their obligations, the SELLER shall notify the BUYER within 3 (three) days. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the Agreement with an equivalent if available, and/or the postponement of the delivery period until the elimination of the obstacle. In the event of cancellation of the order by the BUYER, if the BUYER made the payment in cash, the product amount shall be paid back to them in cash and in installments within 14 (fourteen) days. If the BUYER made the payment with a credit card, the product amount shall be refunded to the relevant bank within 14 (fourteen) days after the BUYER cancels the order.
The BUYER acknowledges and undertakes that since the time taken for the amount refunded by the SELLER to the credit card to refunded by the SELLER to the credit card to be reflected in the BUYER's account is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays in this regard. 8.9. The SELLER has the right to contact the BUYER through letters, emails, SMS, telephone calls, and other means using the address, email address, fixed and mobile phone lines, and other communication information specified by the BUYER in the registration form on the website or subsequently updated by themselves, for communication, marketing, notification, and other purposes. By accepting this Agreement electronically, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities towards them. 8.10. The BUYER shall examine the good/service subject to the Agreement before taking delivery; they shall not take delivery from the cargo company of damaged and defective goods/services that are dented, broken, or have torn packaging. It shall be deemed that the good/service delivered is undamaged and sound. The obligation to preserve the good/service with care after delivery belongs to the BUYER. If the right of withdrawal is exercised, the good/service must not be used and must be returned with its invoice. 8.11. If the person using the credit card during the order is not the same as the BUYER or if a security breach is detected in the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and communication information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if the SELLER's requests are not met by the BUYER within 24 hours, the SELLER has the right to cancel the order. 8.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is true, and that they will immediately, in cash and in installments, compensate the SELLER for all damages suffered by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification. 8.13. The SELLER, as the data controller, carries out the data processing activities within the scope of this Agreement in accordance with Law No. 6698 on the Protection of Personal Data, using the methods and purposes specified in the Customer Information Text located at cyberpetmagazine.com. The BUYER can apply to the SELLER using the application methods specified in the Information Text to obtain detailed information about their processed personal data and to address their rights and requests within the scope of the Law on the Protection of Personal Data. 8.14. The SELLER offers the BUYER the option of continuing as a registered user or without registering (logging in as a guest) when placing an order through the website. 8.15. The BUYER undertakes to comply with and not violate the provisions of legal regulations when using the SELLER's website. Otherwise, all legal and criminal liabilities arising shall belong solely and exclusively to the BUYER. 8.16. The BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, harasses or annoys others, is illegal for any purpose, or infringes upon the material and moral rights of others. They also cannot engage in activities or transactions that prevent or make it difficult for others to use the services (spam, virus, Trojan horse, etc.). 8.17. The SELLER's website may link to other websites and/or other content that are not under the SELLER's control and/or belong to or are operated by other third parties. These links are placed for the convenience of the BUYER and do not support any website or the person operating that website, and do not carry any guarantee regarding the information contained in the linked website. 8.18. The member who violates one or more of the items listed in this membership agreement shall be personally responsible for the legal and criminal consequences of this violation and shall keep the SELLER independent from the legal and criminal consequences of these violations. Moreover, if legal proceedings are initiated regarding this violation, the SELLER reserves the right to claim damages from the BUYER/MEMBER due to non-compliance with the membership agreement.
9. INVOICE INFORMATION
Name/Surname/Title: Address: Telephone:
10. RIGHT OF WITHDRAWAL
10.1. In distance contracts related to the sale of goods, the BUYER may exercise their right of withdrawal without giving any reason by rejecting the product within 14 (fourteen) days from the date of delivery to them or to the person/organization indicated by them. In distance contracts related to the provision of services, this period starts from the date the contract is signed. The notification of the exercise of the right of withdrawal must be directed to the SELLER within this period. The SELLER shall inform the BUYER clearly and understandably of the details specified in the Regulations and of the fact that they will be obligated to pay upon approval of the order, even before the BUYER accepts the distance contract or any corresponding offer. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the BUYER's approval. The costs arising from the exercise of the right of withdrawal belong to the SELLER. 10.2. To exercise the right of withdrawal, it is necessary to submit a written notification to the SELLER within the 14 (fourteen) day period by registered mail, fax, or email and for the product not to have been used in accordance with the provisions of "Products for Which the Right of Withdrawal Cannot Be Exercised" under Article 11. In the event of exercising this right, a) The invoice of the product delivered to the third party or the BUYER, (If the invoice for the product to be returned is issued for corporations, it must be sent with the return invoice issued by the corporation. Corporate order returns will not be completed unless an invoice is issued.) b) Return form, c) The returned products must be delivered complete and undamaged with their box, packaging, and standard accessories if any. d) The SELLER is obliged to return the total amount collected and the documents that put the BUYER under debt to the BUYER within the latest 14-day period from the date the withdrawal notification reaches them, and to take back the product within 10 days. e) If there is a decrease in the value of the product or if it becomes impossible to return it due to the fault of the BUYER, the BUYER is obliged to compensate the SELLER for their losses in proportion to their fault. f) If the campaign limit amount is reduced due to the exercise of the right of withdrawal, the discount amount benefiting from the campaign will be canceled. 10.3. The clear address, fax number, and email information for making the withdrawal notification are as follows:
Name: Address: Telephone: Fax: Email Address:
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
In accordance with the Regulations, the return of products that are prepared at the request of the BUYER or expressly for their personal needs, that are not suitable for return due to their nature, that are perishable or have a risk of expiration, or whose packaging has been opened by the BUYER is not possible. Personal care products, lingerie products, etc. can be returned if they are unopened, untried, undamaged, and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event of default in transactions made with a credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest in accordance with the credit card agreement they have made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies, demand the expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
13.1. The parties have agreed that the Consumer Arbitration Boards and Consumer Courts in the place where the BUYER purchased the good or service and where they reside shall be competent up to the value announced by the Ministry for disputes arising from the application and interpretation of the Agreement. 13.2. The BUYER can make their applications regarding complaints and objections to the Consumer Arbitration Board or Consumer Court in the place where they purchased the good or service and where they reside, within the monetary limits determined by the Ministry. Information regarding the monetary limit is as follows: As of January 1, 2024, for disputes below ₺104,000.00 (One Hundred and Four Thousand Turkish Lira), it is mandatory to apply to the Consumer Arbitration Boards. For disputes above this value, applications cannot be made to the Consumer Arbitration Boards.
This Agreement is made for commercial purposes.
14. ENTRY INTO FORCE
If the payment for the order placed through the website is made, the BUYER shall be deemed to have accepted all the conditions of this Agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER cannot place an order through the website without reading and accepting this Agreement.