Sales Agreement
PRE-INFORMATION FORM
The company with which you are concluding a Distance Sales Agreement ("Agreement") for the order you are placing on our e-commerce website www.ramsey.com.tr is GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş. Address: Mehmet Nesih Özmen Mah. Kızılcık Sokak Gürmen Group No:23-25 Güngören/İstanbul Tel: (+90) 212 484 0484 Email: ramsey@ramsey.com.tr (KEP: gurmengiyimas@hs01.kep.tr) (Mersis No: 0446002385500041)
The technical stages and steps regarding the purchase of the goods/services subject to the order ("Product/Products") by you, our valued Consumer, from our Site, which we will hereinafter refer to as the WEBSITE, and the subsequent conclusion of the order-Agreement, as well as the technical tools for identifying and correcting errors during your data entry, have been specified on the relevant pages during your transactions up to this point (by providing the opportunity to take action in line with the warning messages you encounter). If there is an error in any information (data) entry regarding your order on the WEBSITE, you can correct it by proceeding in line with the relevant warning message, and you can similarly resolve any errors that may occur while entering your payment information. For data entry errors that you notice after the payment transaction has been completed, you can contact our Customer Services at +(90)212 484 0 494.
If the cargo company that will make the delivery does not have a branch in your location, the Product must be collected from another nearby branch that we will notify you of.
When the Consumer approves the Agreement, the price and costs of the Product(s) ordered as stated on this page are collected by the payment method they have chosen.
The Consumer has the right to withdraw from the order-Agreement within thirty (30) days from the date of receipt of the Product, without providing any justification and without paying any penalty. However, there is no statutory right of withdrawal for contracts regarding the following goods/services, even if they have not been used/utilized: a) Goods prepared in line with the special requests or personal needs of the Consumer (including those made special to the person/personal needs by making changes/additions, and special Products imported/supplied from domestic or abroad upon the BUYER's order) b) Goods that are perishable or may expire, such as cosmetics, etc., and food items such as chocolate, etc. c) Goods such as cosmetics, swimwear, underwear products, etc., whose protective elements such as packaging, tape, seal, and package have been opened after delivery and whose return is not suitable in terms of health and hygiene d) Goods that are mixed with other products after delivery and cannot be separated by nature e) Products with digital content such as books, CDs, DVDs, audio and video recordings, software, etc., and computer consumables whose protective elements such as packaging, tape, seal, and package have been opened; vi) all services performed instantly in an electronic environment and all kinds of intangible goods delivered instantly to the consumer f) Goods or services whose price depends on fluctuations in financial markets and which are not under the control of the seller or provider g) Periodicals such as newspapers and magazines, other than those provided under a subscription agreement h) Services for accommodation, transport of goods, car rental, catering, or leisure purposes intended for evaluation of leisure time that must be performed on a specific date or period i) Services started to be performed with the approval of the BUYER within the withdrawal period, and j) other goods-services generally accepted as outside the scope of distance sales in accordance with the relevant legislation, as well as cases where the BUYER makes a purchase for commercial/professional purposes. If the purchased products are within the scope of the Earthquake Relief Mobilization, your order does not have the right of withdrawal as it will be evaluated within the scope of "contracts related to services that have started to be performed with the consent of the consumer before the expiry of the withdrawal period" included in clause (h) of the first paragraph of Article 15 of the Regulation on Distance Contracts, titled Exceptions to the right of withdrawal.
In cases where there is a statutory right of withdrawal, the Consumer is responsible by law for changes and deterioration that occur because the goods are not used in accordance with their operation, technical specifications, and usage instructions within the withdrawal period; for this reason, they may lose their right of withdrawal regarding the Product, or we have the right to deduct from the Product price as much as the change/deterioration, if we accept it voluntarily.
In case of withdrawal, it is mandatory to send back the relevant Product within the legal period at the latest; it can be sent to us free of charge from the branch of our contracted cargo company, Yurtiçi Kargo, (which delivered the Product to the Consumer or another nearby one). If the Product is sent via a cargo company other than the specified contracted cargo company, the return costs may have to be borne by the Consumer.
A clear notification regarding the withdrawal can be made to our contact addresses above by means such as letter, e-mail, or telephone. In case this right is used, in addition to the said notification, the copy of the cargo delivery receipt regarding the Product being sent to us and the original waybill/invoice (in accordance with tax legislation) must be returned; in case of product returns where the invoice is issued on behalf of institutions, a return invoice must be issued, and furthermore, the Products to be returned must be delivered to us completely and undamaged, together with their box, packaging, and standard accessories, if any.
In cases where the right of withdrawal is not legally provided, the right of withdrawal cannot be utilized, and the Consumer loses the right of withdrawal in cases where this right is not exercised in accordance with the procedure or on time.
Provided that the above-mentioned requirements are fulfilled by the Consumer in a timely and proper manner, within 14 days from the date the Product subject to the right of withdrawal is delivered to our contracted cargo company specified in this pre-information for return, the Product price and, if any, the delivery costs of the Product are returned to the Consumer in accordance with the payment instrument used while purchasing the Product. If the Product is returned via a cargo company other than our contracted cargo company, the 14-day period starts from the date the Product reaches the Seller. However, in cases where the right of withdrawal is exercised for all or part of the products subject to the order (benefited by the Consumer), if the minimum amount of our Company's free shipping (delivery) campaign and/or discount campaign (this also means receiving a gift product, such as buy 3 pay for 2) is fallen below, the entire delivery-shipping cost not collected within the scope of the relevant campaign and the applied discount amount (as well as the price of the free product) will be deducted from the amount to be refunded to the Consumer and collected from the Consumer (In cases where the delivery-shipping fee has been collected, it is refunded without deducting this fee); if there is any (virtual/physical) gift voucher, etc. earned by the Consumer as a result of the shopping, it is completely cancelled, and if they have used any (virtual/physical) gift voucher, etc., its entire amount is deducted from the amount to be refunded and taken back. In cases where the deduction is not sufficient, collection is made from the payment instrument (including credit card, etc.) used by the Consumer in their shopping.
These provisions apply exactly in the same way in all other cases where product return is in question, except for defective products, as well as in cases where the right of withdrawal is exercised. Our Company's contractual and legal rights and obligations, including valid collection-offset rights for the monetary values of all kinds of reward points, etc., won by the Consumer on the WEBSITE and/or used for the payment of the Product price, are also available and reserved in cases of legal withdrawal and other order-Agreement cancellations.
The current rules and conditions applicable to our Company and the Consumer regarding transaction security, protection of information, confidentiality, processing-use, and commercial electronic communications on the WEBSITE are presented below for your information. The Consumer may consult our Company at any time by reaching out via the specified communication channels regarding these issues.
Our company is a member of the Istanbul Chamber of Commerce (ITO); the electronic contact information where you can obtain ITO's code of conduct regarding the profession is as follows: (www.ito.org.tr, Phone: 444 0 486).
As we will send the information above and below, along with the Agreement, to the e-mail address you specified along with your order confirmation after your approval and acceptance on the WEBSITE, you can save and store them on your device and access them at any time; they will also be kept in our Company's systems for a maximum period of three years within the framework of relevant laws.
OTHER PRE-INFORMATION
SELLER
Title:
Mersis No:
Address:
Phone:
Fax:
E-mail:; KEP:
BUYER (CUSTOMER)
Name Surname:
Address:
Phone:
E-Mail:
PRODUCT/SERVICE SUBJECT TO ORDER-AGREEMENT, PRICE, PAYMENT AND DELIVERY INFORMATION
The Nature and Type, Quantity, Brand/Model/Color, Unit Price(s), Sales Price of the products (goods/services), as well as Payment (collection) Information and Delivery Information, including the delivery place notified by the BUYER, are as follows. If the cargo company that will make the delivery does not have a branch in the location of the Consumer, the Consumer must collect it from another nearby branch to be notified by the SELLER (Necessary information on this matter will be provided to the Consumer via e-mail, SMS, or phone). Other rules regarding delivery are specified below.
PRODUCT:
Payment (Collection) Information
Amount charged:
Delivery Information:
Name, Surname/ Title:
Address: --
Phone:
E-Mail:
Invoice Information:
Name, Surname/ Title:
Address:
Phone:
E-Mail:
The Product subject to the order is delivered to the Consumer/the third party/institution at the above-mentioned address they notified, provided that the legal 30-day period is not exceeded, except for contracts regarding goods prepared in line with the consumer's request or personal needs, based on the principles specified below.
The SELLER sends and delivers the Products through its contracted cargo company for its shipments. If this cargo company does not have a branch in the Consumer's location, the Consumer must collect the Product from another nearby branch of the cargo company notified by the SELLER.
Products in stock are delivered to the cargo company to be delivered to the person and address notified by the CONSUMER during the order process within the legal period from the date of the order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, although it varies depending on the distance.
In general, and unless otherwise explicitly stated, delivery costs (shipping fee, etc.) belong to the Consumer. Depending on the campaigns the SELLER runs at the time of sale and announces on the WEBSITE, the SELLER may not reflect all or part of the said delivery costs to the Consumer.
In case the Consumer is not personally 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 will be deemed to have fulfilled its obligation in this regard. In the absence of anyone at the address to take delivery, it is the Consumer's responsibility to track and ensure the shipment of the products by contacting the cargo company. If the Product is to be delivered to a person/institution other than the Consumer, the SELLER cannot be held responsible for the absence of this person/institution at the address or their refusal to accept the delivery. In these cases, all kinds of damages arising from the Consumer's late receipt of the Product, as well as expenses incurred due to the Product waiting in the cargo company and/or the cargo being returned to the SELLER, also belong to the Consumer.
Every person who will take delivery of the Product is responsible for checking it at the time of delivery and not accepting the Product when they see a problem originating from the cargo, and having a report drawn up by the cargo company official. Otherwise, the SELLER will not accept any liability.
The Consumer must have fully paid the sales price, including costs, before taking delivery of the Product. In cash sales, if the Product price is not fully paid to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the agreement and not deliver the Product.
If, for any reason after the delivery of the Product, the Bank/financing institution to which the credit card used for the transaction belongs does not pay the Product price to the SELLER or requests a refund of the price paid, the Product must be returned to the SELLER by the Consumer within 3 days at the latest. If the non-payment of the Product price is due to an unfair instruction or objection by the Consumer to the Bank, or a fault or negligence of the Consumer, the shipping costs shall be borne by the Consumer. The SELLER's other contractual-legal rights, including tracking the Product price receivable without accepting the return, are also reserved in any case.
In order to avoid any doubt; in cases where the Consumer pays the sales price with credit cards, installment cards, etc. owned by them from banks (including financing institutions), all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the institution issuing the card; product sales that take place within this framework and for which the SELLER collects the price at once or in installments are not credit or installment sales for the parties to this Agreement; they are cash sales. The SELLER's legal rights in cases legally considered installment sales (including the right to terminate the contract and/or request payment of the entire remaining debt together with default interest in case installments are not paid) are available and reserved within the framework of the relevant legislation. In case of the Consumer's default, default interest is applied at the monthly rate as foreseen by the laws in force.
Delivery of the Product to the Consumer within the legal maximum period of 30 days is timely delivery. If it cannot be delivered within the legal maximum period of 30 days due to extraordinary situations outside normal sales/delivery conditions (such as adverse weather, heavy traffic, earthquake, flood, fire), the SELLER informs the Consumer by reaching out via the available contact information regarding the delivery. In this case, the Consumer may cancel the order, order a similar product, or wait until the extraordinary situation ends.
If it is understood that the SELLER cannot supply the Product subject to the Agreement, it may supply another good/service of equal quality and price by informing the Consumer clearly and obtaining their verbal/written approval via one of the same channels within three (3) days from the date it learns of this situation, and thus the SELLER is deemed to have fulfilled its obligation subject to the Agreement. The Consumer is free in every respect to give or not give the said approval, and in cases where they do not give approval, the contractual-legal provisions regarding order cancellation (Agreement termination) are applied.
SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE CONSUMER WINS REWARD POINTS WHILE PURCHASING THE PRODUCT SUBJECT TO THE ORDER-AGREEMENT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS
In the presence of a current agreement-contract between an organization that enables the winning of reward points, etc., and the Consumer and the SELLER, allowing reward points to provide discounts, etc. for purchases from the WEBSITE belonging to the SELLER, if the Consumer has won such a reward point due to this order-Agreement subject purchase as a requirement of the SELLER's said agreement and also their own contract with the mentioned organization, in cases where withdrawal from this Agreement and other termination/order cancellation are in question and a refund is to be made to the Consumer, the amount (monetary value) of the reward points, gifts, and the like won by the Consumer with this Agreement subject purchase is taken back from the Consumer.
Specifically; this taking back process is carried out, unless a different method is foreseen in the SELLER's agreement with the relevant organization, primarily from those reward points if the Consumer has sufficient-other reward points in the mentioned organization-system (excluding the reward points won with this purchase), and if not available, by deducting (offsetting) in cash from the price that the SELLER will refund to the Consumer.
If the payment was made to the SELLER partially/completely with reward points, etc. by the Consumer in the purchase of the Product subject to this Agreement, in cases where the refund of the Product price purchased in this way to the Consumer is in question, the reward points and the like used by the Consumer at the SELLER while purchasing the Product on the WEBSITE can be returned to the Consumer (as points again), unless the SELLER has a different agreement with the relevant organization.
In cases where any unfair reward point acquisition or usage is detected by the Consumer, as a general rule, the monetary value-amount of the said reward points may be collected by the SELLER from the Consumer (via credit card, in cash, and by other legal methods). This provision is also valid for the price of goods gifted to the Consumer by the SELLER as a result of the implementation of such a system.
Other issues regarding the acquisition and use of reward points and the like are subject to the provisions of the agreements-contracts between the mentioned organization and the Consumer and the SELLER, and in relevant cases, the SELLER may exercise all rights-powers specified here and in the mentioned contract-agreements before the Consumer and the organization, and may also carry out relevant transactions on behalf and/or account of the specified organization and/or other workplaces in the same system.
Cash money requests in exchange for reward points, gift vouchers, etc. won from the SELLER or used at the SELLER are not accepted under any circumstances or conditions.
The SELLER does not accept any liability for disputes between the Consumer and the above-mentioned organizations and for any financial, legal, pecuniary, and non-pecuniary consequences of these; the above provisions are valid and reserved.
The above provisions are also applied by analogy in the acquisition and use of reward points that the Consumer obtains directly from the SELLER, if any.
The Consumer (in other words, the BUYER) who earns reward points from the WEBSITE/SELLER or uses reward points, etc. in their payments to the SELLER is deemed to have (also) accepted the above special conditions.
RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL PROPERTY RIGHTS
The privacy rules-policy and terms stated briefly below (with comprehensive-detailed current principles provided in the relevant sections of the WEBSITE) apply to the protection, confidentiality, processing-use of information, communications, and other matters on the WEBSITE.
Measures necessary for the security of the information and transactions entered by the Consumer on the WEBSITE have been taken within the SELLER's own system infrastructure, according to the nature of the information and transaction, within the limits of current technical possibilities. However, since said information is entered from the Consumer's device, the responsibility for taking the necessary precautions on the Consumer's side, including those related to viruses and similar harmful applications, in order to ensure they are protected and cannot be accessed by unauthorized persons, belongs to the Consumer.
Information obtained during the Consumer's membership to the WEBSITE and purchases may be recorded, stored in printed/magnetic archives, updated if deemed necessary, shared, transferred, used, and processed in other ways by the SELLER, the Gürmen Group Companies of which it is a part, GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş., and its current and future affiliates, subsidiaries, partners, successors, and/or third parties/organizations designated by them, indefinitely or for a period they foresee, for the purpose of providing various products/services and for electronic and other commercial-social communications to be made for any kind of notification, advertising-promotion, marketing, store card, credit card, and membership applications. This data may also be transmitted to relevant Authorities and Courts where legally required. The Consumer consents and permits the use, sharing, and processing of their existing and new personal and non-personal information within the above scope, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and the sending of commercial and non-commercial electronic and other communications to them.
The Consumer may stop data use-processing and/or communications at any time by reaching the SELLER through the specified communication channels in accordance with the legal procedure. Upon the Consumer's clear notification in this regard, personal data processing and/or communications to them shall be stopped within the maximum legal period; furthermore, if requested, their information, except for what is legally required or possible to be kept, shall be deleted from the data recording system or anonymized so that their identity cannot be determined. The Consumer may apply to the SELLER at any time and obtain information regarding matters such as the processing of their personal data, the persons to whom it is transferred, correction of the data 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 them by analysis with automated systems, and compensation in case of damage due to illegal processing of data. Applications and requests regarding these matters will be fulfilled within the maximum legal periods or may not be accepted by explaining the legal justification to the consumer.
All kinds of information and content belonging to the WEBSITE and their arrangement, revision, and partial/full use; except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER.
The SELLER reserves the right to make any changes it deems necessary on the above matters; these changes become effective from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.
The privacy-security policies and terms of use of other sites accessed from the WEBSITE apply to those sites; the SELLER is not responsible for any disputes or negative consequences that may arise.
OTHER MATTERS
In case of order cancellations, including withdrawals in accordance with the contract and law, and termination of the contract, if the Product price has been collected, it shall be refunded to the Consumer within a maximum of 14 days in a way compatible with the instrument used by the Consumer to pay the Product price. For example, in credit card payments, the refund is made by refunding to the Consumer's credit card, and the Product amount is refunded to the relevant bank within the same period after the order is cancelled by the Consumer; since the reflection of this amount to the Consumer's accounts after the SELLER performs the refund to the bank is entirely related to the bank transaction process, the SELLER is not responsible in any way for possible delays arising from such reasons beyond its initiative (banks' reflection of refunds to the Consumer's account can take up to three weeks).
The SELLER has and reserves the right of set-off, discount, and deduction arising from the contract and law for the price to be refunded to the Consumer, and the right of collection in cases where it is insufficient. The Consumer's legal rights regarding cases where the Contract is terminated by the Consumer due to the SELLER's failure to perform its obligation are also present and valid.
The Consumer may notify the SELLER of their requests and complaints regarding the Product and sale verbally or in writing by reaching out via the communication channels specified above.
As the SELLER, we are pleased to meet the justified requests-complaints and all kinds of applications of our Consumer customers.
If it is not possible to resolve the matter in this way, the Consumer may, if they wish, apply to the Provincial and District Consumer Arbitration Committees at their own or the SELLER's place of residence (where they reside) within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and to Consumer Courts in cases exceeding those limits.
With these Preliminary Information, which will form an integral part of the Distance Sales Contract upon the Consumer's approval, the Consumer has been informed about all matters, including the basic characteristics-qualities of the Product/Products subject to sale, sales price, payment method, delivery transactions, the right of withdrawal, and personal information-electronic communication and reward points conditions.
All explanations and information in these Order-Contract Preliminary Informations are valid as of the moment the Consumer approves them on the WEBSITE, and if accepted, they are applied as binding together with the Distance Sales Contract between the SELLER and the Consumer (BUYER).
DISTANCE SALES CONTRACT
This Contract regulates the rights and obligations of the parties regarding the sale-delivery of the products/services ("Product/Products") specified below that the BUYER (Consumer) wishes to purchase by placing an order on the electronic commerce website ("WEBSITE") belonging to the SELLER, and other matters. After the BUYER approves this Contract on the WEBSITE, the price and costs of the Product(s) ordered are collected via the chosen payment method.
Article 1 - PARTIES
SELLER :
Title :
Phone :
Fax :
E-Mail :
KEP (Registered Electronic Mail):
BUYER (CONSUMER) :
Name, Surname/ Title :
Address :
Phone :
E-Mail :
Article 2: SUBJECT OF THE CONTRACT PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type and Kind, Quantity, Brand/Model, Color, Unit Price(s) and Sales Price of the Products (goods/services), as well as Payment (collection) Information and Delivery Information, including the delivery place notified by the BUYER, are as stated below. In case the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must take delivery from another nearby branch to be notified by the SELLER (the necessary information will be provided to the BUYER in this regard via e-mail, SMS, or phone). Other issues regarding delivery are stated in Article 7 of the Contract below.
PRODUCT:
Payment (Collection) Information
Payment Method-Instrument : Credit Card / Debit Card
Amount charged :
Delivery Information :
Name, Surname/ Title :
Address : --
Phone :
E-Mail :
Billing Information :
Name, Surname/ Title :
Address : --
Phone :
E-Mail :
.
Article 3- MATTERS ON WHICH THE BUYER HAS BEEN PREVIOUSLY INFORMED
The BUYER confirms and acknowledges that, before this Agreement is established by the BUYER's acceptance on the WEBSITE and before the BUYER enters into both an order and payment obligation, they have been informed by viewing and examining all general and special explanations on the relevant pages/sections of the WEBSITE regarding the following matters:
- The SELLER's title, contact information, and current introductory information,
- The stages of the sales process during the purchase of the Product(s) from the WEBSITE and the appropriate tools/methods for correcting incorrectly entered information,
- The Professional Chamber to which the SELLER is a member (ITO-Istanbul Chamber of Commerce) and electronic contact information where information regarding the codes of conduct prescribed by the ITO for the profession can be obtained (Phone: 4440486, www.ito.org.tr),
- The privacy, data usage/processing, and electronic communication rules applicable to BUYER information implemented by the SELLER, as well as the permissions granted by the BUYER to the SELLER regarding these matters, the BUYER's legal rights, the SELLER's rights, and the procedures for exercising the parties' rights,
- Shipping restrictions stipulated by the SELLER for the Products,
- The payment methods/instruments accepted by the SELLER for the Products subject to the Agreement, as well as the essential features/qualities of the Products and the total price including taxes (the total amount the BUYER will pay to the SELLER, including relevant costs),
- Information regarding the procedures for the delivery of the Products to the BUYER and shipping/delivery/cargo costs,
- Information regarding other payment/collection and delivery details related to the Products, information regarding the performance of the Agreement, and the commitments/responsibilities of the parties in these matters,
- Products and other goods/services for which the BUYER does not have a right of withdrawal,
- In cases where the BUYER has the right of withdrawal, the conditions, period, and procedure for exercising this right, and that the BUYER will lose the right of withdrawal if it is not exercised within the time limit,
- That for Products where a right of withdrawal exists, the BUYER's withdrawal request may not be accepted if the Product is damaged or altered due to not being used in accordance with usage instructions, ordinary operation, or technical specifications during the withdrawal period, and that the BUYER will, in any case, be liable to the SELLER; in cases accepted by the SELLER, the SELLER may deduct (offset) an amount it deems appropriate based on the said damage or alteration from the refund to be made to the BUYER,
- In cases where a right of withdrawal exists, how the BUYER can return the Products to the SELLER and all relevant financial matters (return methods, costs, and the refund of the Product price, including potential deductions/offsets from the refund for reward points earned/used by the BUYER, free products in promotional sales, other provided free/discounted/reduced opportunities, gift vouchers, etc., and including additional collections from the BUYER if necessary),
- That if the BUYER is a legal entity, the BUYER cannot exercise "consumer rights," primarily the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases are considered as such in any case),
- All other sales conditions included in this Agreement depending on their nature, and that since this Agreement is established by the BUYER's approval on the WEBSITE and subsequently sent via e-mail, it can be stored by the BUYER for as long as desired and accessed from there, and that the SELLER may also store it for a period of three years.
- Procedures and practices regarding privacy, personal data, and electronic communications,
- In case of disputes, the contact information where the BUYER can forward their complaints to the SELLER, and that they can make legal applications to District/Provincial Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
Article 4- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within thirty (30) days from the date of receiving the Product without providing any justification and without paying a penalty.
However, legally, there is no right of withdrawal for contracts regarding the following goods/services, even if they have not been used/utilized: a) Goods prepared in line with the BUYER's special requests or personal needs (including those personalized by making changes or additions, and special Products imported/supplied from domestic or abroad upon the BUYER's order) b) Goods that can deteriorate quickly or whose expiration date may pass, such as cosmetics, etc., and food items such as chocolate, etc. c) Cosmetics, swimwear, underwear, etc., whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is not suitable for health and hygiene reasons d) Goods that are mixed with other products after delivery and cannot be separated by their nature e) Books, CDs, DVDs, audio and video recordings, software, and all kinds of digital content products, as well as computer consumables whose protective elements such as packaging, tape, seal, or package have been opened; vi) all services performed instantly in electronic media and all kinds of intangible goods delivered instantly to the consumer f) Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/provider, g) Periodicals such as newspapers and magazines, excluding those provided under a subscription contract h) Services for accommodation, goods transport, car rental, food and beverage supply, and leisure time evaluation for entertainment or recreational purposes that must be performed on a specific date or period i) Services whose performance began within the withdrawal period with the BUYER's approval, and j) Other goods/services generally accepted as being outside the scope of distance sales in accordance with relevant legislation, and cases where the BUYER makes purchases for commercial/professional purposes.
In cases where the exercise of the right of withdrawal is possible, the BUYER is legally responsible for any changes or damages that occur if the goods are not used in accordance with their operation, technical specifications, and usage instructions during the withdrawal period. Accordingly, if there is any change or damage due to the Product not being used in accordance with usage instructions, technical specifications, and operation during the period until the date of withdrawal, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a deduction is made from the Product price to be refunded for the amount of the change/damage.
In cases where there is a right of withdrawal, it is sufficient for the BUYER to have sent a clear notification to the SELLER regarding the exercise of their right of withdrawal within the 30-day period (transmitted orally/in writing to the aforementioned contact addresses). In the event that said right is exercised within the time limit, it is mandatory to send the Product to the SELLER's address above within the maximum legal period, with the expenses borne by the BUYER. If a contracted cargo company is specified for product returns on the WEBSITE and in the Preliminary Information, the BUYER may send the Product from any branch within or outside the District where they are located, in which case no fee will be charged to the BUYER. If the Product is sent via a cargo company other than the specified contracted cargo company, return costs may be covered by the Consumer.
In this return process, the Product must be delivered complete and undamaged, together with its box, packaging, and standard accessories, if any. Furthermore, due to tax legislation, in addition to cases where the BUYER is legally required to issue a Return Invoice, the section regarding the return specified below on the invoice to be returned with the Product must be filled in and signed. (Returns of orders whose invoices are issued on behalf of institutions (legal entities) will not be accepted if a Return Invoice is not issued).
"The address to which the Product will be returned is the SELLER's address / the address of the cargo company delivered to for return."
Provided that the above-mentioned requirements are fulfilled by the BUYER, the Product price and, if any, the delivery costs of the Product to the BUYER shall be refunded to the BUYER within 14 days from the date the withdrawal notification reaches the SELLER, in a manner consistent with the payment instrument used by the BUYER when purchasing the Product. If the Product is returned with a cargo company other than our specified contracted cargo company, the 14-day period begins on the date the Product reaches the Seller.
The BUYER's legal rights and responsibilities regarding the Products after the withdrawal period, as well as the SELLER's contractual and legal collection/offset rights against the BUYER, including those related to reward points and free/discounted/reduced sales, are separately present and valid.
ARTICLE 5 - SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE BUYER EARNS REWARD POINTS AND/OR MAKES PAYMENTS TO THE SELLER USING REWARD POINTS WHILE PURCHASING THE PRODUCT SUBJECT TO THE AGREEMENT
5.1. In the presence of a current agreement/contract between an organization that enables the earning of reward points, etc., and the BUYER and the SELLER, which allows reward points to provide discounts, etc., on shopping from the SELLER's WEBSITE, if the BUYER has earned such a reward point due to the shopping subject to this Agreement as a requirement of the SELLER's aforementioned agreement and also their own contract with said organization, in cases where a refund is to be made to the BUYER due to withdrawal from this Agreement, or termination/order cancellation in any other way, the amount (monetary value) of the reward points, gifts, and similar items earned by the BUYER with the purchase subject to this Agreement will be recovered from the BUYER.
Namely; unless a different method is stipulated in the SELLER's agreement with the relevant organization, this recovery process is carried out primarily by deducting (offsetting) from those reward points if the BUYER has sufficient other reward points (excluding reward points earned with the shopping subject to this Agreement) within the aforementioned organization/system, or, if not available, by deducting them in cash from the price the SELLER will refund to the BUYER.
5.2. If the payment for the Product purchase subject to this Agreement has been made by the BUYER to the SELLER partially/fully with reward points, etc., in cases where the return of the Product purchased in this way is in question, with the Product price being refunded to the BUYER in accordance with the relevant provisions of this Agreement, the reward points and similar items used by the BUYER at the SELLER's side while purchasing the Product on the WEBSITE may be refunded to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organization.
5.3. In cases where it is determined that the BUYER has earned or used reward points unfairly in any way, as a valid general rule, the monetary value/amount of said reward points may be collected by the SELLER from the BUYER (via credit card, in cash, and other legal methods). This provision also applies to the price of goods gifted by the SELLER to the BUYER as a result of the implementation of such a system.
5.4. Other matters related to the earning and usage processes of reward points and similar items are subject to the provisions of the agreements/contracts between the aforementioned organization and the BUYER and the SELLER, and in relevant cases, the SELLER may exercise all specific rights/powers both here and in the mentioned contracts/agreements before the BUYER and the organization, and may perform relevant transactions on behalf of and/or for the account of the specified organization and/or other workplaces in the same system.
5.5. Cash demands in exchange for reward points, gift vouchers, etc., earned from the SELLER or used at the SELLER's side are not accepted under any circumstances.
5.6. The SELLER does not accept any responsibility for disputes between the BUYER and the aforementioned organizations and any material, legal, financial, and non-financial consequences thereof; the above provisions are valid and reserved.
5.7. The BUYER cannot return or cancel the Digital Gift Voucher they purchased. The Digital Gift Voucher is for single use and cannot be used in parts. For this reason, the amount in the basket must be higher than the Digital Gift Voucher balance. If the Digital Gift Voucher is more than the basket amount, the difference is not refunded. In returns of purchases made with a Digital Gift Voucher, a new Digital Gift Voucher equal to the amount of the Digital Gift Voucher is defined to the customer's account within 3 business days.
5.8. The above provisions shall also apply mutatis mutandis to the earning and use of reward points that the Consumer obtains directly from the SELLER, if any.
All consumers who earn reward points from the WEBSITE/SELLER or use reward points, etc., in their payments to the SELLER, thus the BUYER, have (also) accepted the above special conditions.
ARTICLE 6 - RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
The privacy rules/policy and conditions briefly stated below (and current principles comprehensively/detailed in the relevant sections of the WEBSITE) apply to the protection of information on the WEBSITE, its privacy, processing/usage, and communications and other matters.
6.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken on the SELLER's system infrastructure within the limits of today's technical possibilities, depending on the nature of the information and transaction. However, since said information is entered from the BUYER's device, the responsibility for taking necessary precautions, including those regarding viruses and similar harmful applications, for their protection on the BUYER's side and ensuring they are not accessed by irrelevant persons, belongs to the BUYER.
6.2. In addition to and confirming the permissions/approvals the BUYER has given regarding personal data and commercial electronic communications in other ways; information obtained during the BUYER's membership to the WEBSITE and purchases may be recorded, stored in printed/magnetic archives, updated if deemed necessary, shared, transferred, utilized, and processed in other ways indefinitely or for the duration they foresee by the SELLER, the GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş. Group Companies to which it belongs, its current and future affiliates, subsidiaries, partners, successors, and/or third parties/organizations they will determine, for the provision of various products/services and for all kinds of informational, advertising-promotional, communication, promotional, sales, marketing, store card, credit card, and membership application purposes, and for electronic and other commercial-social communications to be made. These data may also be transmitted to relevant Authorities and Courts in cases required by law. The BUYER consents and permits the use, sharing, processing, and the making of commercial/non-commercial electronic communications and other communications to them within the above scope, in accordance with the legislation on the protection of personal data and electronic commerce legislation, regarding their existing and new personal/non-personal information.
6.3. The BUYER may stop communications at any time by reaching the SELLER through the specified communication channels to stop data usage/processing and/or by reaching them through the same channels using legal procedures or by using the right of refusal in the electronic communications sent to them. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the maximum legal period; furthermore, if they wish, their information, except for those that must be legally preserved and/or are possible to remove, will be deleted from the data recording system or anonymized so that their identity is not apparent. If the BUYER wishes, they can always apply to the SELLER through the above communication channels regarding matters such as transactions related to the processing of their personal data, persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against them by analysis with automated systems, and removal in case of damage due to illegal data processing, and obtain information. Their applications and requests in these matters will be fulfilled within the maximum legal periods or may not be accepted by explaining the legal justification to them.
6.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision, and partial/full use; excluding those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER and GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş.
6.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes become valid the moment they are announced by the SELLER via the WEBSITE or other appropriate methods.
6.6. The privacy-security policies and terms of use belonging to the other sites reached from the WEBSITE apply, and the SELLER is not responsible for disputes and negative consequences that may arise.
Article 7- GENERAL PROVISIONS
7.1. The Product subject to the Agreement is delivered to the BUYER or the third party/organization at the address indicated on the WEBSITE in accordance with the principles specified below, provided that the legal 30-day period is not exceeded, excluding contracts regarding goods prepared in line with the consumer's request or personal needs.
The SELLER sends and delivers the Products via its contracted cargo company for shipments. If this cargo company does not have a branch in the BUYER's location, the BUYER must take delivery of the Product from another nearby branch of the cargo company reported by the SELLER. Products in stock are delivered to the cargo company to be delivered to the person and address reported by the CONSUMER during the order within the legal period from the order date. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, although it varies depending on the distance.
7.2 Generally, and unless explicitly stated otherwise, delivery costs (shipping fees, etc.) belong to the BUYER. The SELLER may not reflect all or part of said delivery costs to the BUYER, depending on the campaigns it carries out at the time of sale and announces the conditions on the WEBSITE. In cases where the right of withdrawal is used for all or some of the products subject to the order, if the minimum purchase amount for the SELLER's free shipping (delivery) campaign (if any) that the BUYER benefited from falls below, the entire shipping-delivery cost not collected within the scope of the campaign is deducted from the amount to be refunded to the BUYER and collected (if the BUYER has paid the shipping-delivery fee, this fee is refunded). Likewise, in all cases where the BUYER receives a discount or a free (gift) product of the same nature by shopping at the minimum amount of any SELLER campaign, or earns/uses a gift voucher, etc., if the minimum amount is fallen below as a result of using the right of withdrawal for all or part of the products subject to the order, or if the gift voucher, etc., earning/usage condition is eliminated in any way, thus, in general terms, the conditions for benefiting from the campaign / earning or usage conditions are broken-not complied with by the BUYER, the entire said discount (and the gift product price, if any) is deducted from the amount to be refunded to the BUYER, and if it is not enough, it is collected from the payment instrument used during their shopping (including credit card, etc.); if the BUYER has earned a (virtual/physical) gift voucher, points, etc., due to their shopping, this is cancelled, if they have used a (virtual or physical) gift voucher, points, etc., the entire price is again deducted from the amount to be refunded to the BUYER, and if it is not enough, it is collected as above. These provisions shall apply mutatis mutandis in all cases where the return of the products is in question, except for cases where the right of withdrawal is exercised and for defective products.
7.3. In the event that the BUYER is not personally 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. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the shipping company to track the shipment of the products. 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 to is not at the address or does not accept the delivery.
In such cases, any damages arising from the BUYER's late receipt of the Product, as well as expenses incurred due to the Product waiting at the shipping company and/or the return of the shipment to the SELLER, shall also be borne by the BUYER.
7.4. The BUYER is responsible for checking the Product at the time of receipt and, if a problem caused by the shipping is seen in the Product, for not accepting the Product and having a report drawn up by the shipping company official. Otherwise, the SELLER will not accept responsibility.
7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the Product before receiving it. In cash sales, if the Product price is not paid in full to the SELLER before delivery, and in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and may not deliver the Product.
If, for any reason after the product delivery, the Bank/financing institution to which the credit card used for the transaction belongs 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 due to a fault or negligence of the BUYER, the shipping costs shall be covered by the BUYER. The SELLER's other contractual and legal rights, including the pursuit of the Product price receivable without accepting the return, are reserved separately and in any case.
For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card, etc., owned through banks (including financing institutions), all facilities provided by these cards are credit and/or installment payment facilities provided directly by the card-issuing institution; sales of Products realized within this framework, for which the SELLER collects the price at once or in installments, are not credit or installment sales for the parties to this Agreement, but cash sales. The SELLER's legal rights in cases legally considered as installment sales (including the rights to terminate the contract and/or demand the payment of the entire remaining debt together with default interest in case installments are not paid) are available and reserved within the framework of the relevant legislation. In case of the BUYER's default, default interest at the monthly rate stipulated by the laws in force shall be applied.
7.6. If the Product cannot be delivered within the maximum legal period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside of normal sales/delivery conditions, the SELLER shall inform the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary situation ends.
7.7. If it is understood that the SELLER cannot supply the Product subject to the Agreement, provided that the BUYER is clearly informed by a method in accordance with the law within three (3) days from the date the SELLER learns of this situation and the BUYER's oral/written approval is obtained, the SELLER may supply another good/service of equal quality and price, and shall be deemed to have fulfilled its commitment subject to the Agreement in this way. The BUYER is free in every respect to grant or withhold such approval, and in cases where approval is not granted, the contractual-legal provisions regarding order cancellation (termination of the Agreement) shall be applied.
7.8. In order cancellations and contract terminations, including withdrawals in accordance with the Agreement-law, if the Product price has been collected, it shall be returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund shall be made in a manner suitable for the payment instrument used by the BUYER to pay the Product price to the SELLER. For example, in credit card payments, the refund transaction is also made by refunding to the BUYER's credit card, and the Product amount is returned to the relevant bank within the same period after the order is cancelled by the BUYER; as the reflection of this amount to the BUYER's accounts after the SELLER performs the transaction of refunding to the bank is entirely related to the bank's transaction process, the BUYER accepts in advance that it is not possible for the SELLER to intervene or assume responsibility in any way for possible delays.
The SELLER has and reserves the right of set-off, deduction, and discount arising from this Agreement and the law for the price to be refunded. The BUYER's legal rights regarding cases where the Agreement is terminated by the BUYER due to the SELLER's failure to perform its obligation are also reserved and available.
7.9. The BUYER may communicate their requests and complaints regarding the Product and the sale to the SELLER orally or in writing by reaching out through the SELLER contact channels in the introduction part of the Agreement.
7.10. Some of the matters written in Article 3 above may not be included in this Agreement by their nature; however, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as in the information pages/sections of the WEBSITE --according to the sales stages or general--.
7.11. Since the said Information and this Agreement are sent to the e-mail address notified by the BUYER after acceptance, the BUYER can always access and review them by saving and storing the said e-mail on their device. On the other hand, they are stored in the systems of the SELLER for a period of three years.
7.12. In the resolution of any dispute that may arise from this Agreement and/or its implementation, the SELLER's records (including records in magnetic media such as computer-voice records) constitute evidence; the rights of the parties arising in this regard from the relevant mandatory legal regulations are valid and reserved.
Article 8- BUYER'S LEGAL CHANNELS OF APPLICATION - AUTHORIZED JUDICIAL AUTHORITIES
In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced by the Ministry of Trade as required by law, and the Consumer Courts in cases exceeding these limits, are authorized and competent. In this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts at their own place of residence or, if they wish, at the SELLER's place of residence.
The BUYER accepts and declares that they have read all the terms and explanations written in this Agreement and the order-contract preliminary information (on the WEBSITE) which is an integral part thereof, that they have prior knowledge of all matters written in Article 3 of this Agreement, including the basic characteristics-qualities of the Product/Products subject to sale, sales price, payment method, delivery conditions, all other preliminary information-disclosures regarding the SELLER and the Product subject to sale, and the right of withdrawal, as well as personal information-electronic communication and reward points conditions, that they have seen all of these electronically on the WEBSITE, and that they accept the terms of this Agreement by ordering the Product by giving confirmation-approval-acceptance-permission for all of these electronically.
Both the aforementioned preliminary information and this Agreement are also sent to the electronic mail (e-mail) address provided by the BUYER to the SELLER, and the confirmation that the order has been received is also included in the aforementioned e-mail along with the order summary.