PRELIMINARY INFORMATION FORM
The company GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş. is the company GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş. for the order you are placing on our www.ramsey.com.tr electronic commerce site. Address: Kuzeykent Mah. Alparslan Türkeş Blv. No:201 Merkez/Kastamonu Tel: +(90) 366 215 18 36 Email: ramsey@ramsey.com.tr (KEP: gurmengiyimas@hs01.kep.tr) (Mersis No: 0446002385500041)
The technical stages-steps related to the purchase of the goods / services (“Product / Products”) subject to the order from our Website, which we will hereinafter refer to as the INTERNET SITE, by you, our esteemed Consumer, and thus the order-Contract, as well as the technical means for determining-correcting the errors during your information entries, have been specified on the relevant pages (by giving you the opportunity to take action in line with the warning messages you see) during your transactions so far. If there is an error in entering information (data) about your order on the WEBSITE, it is possible to continue by correcting the transaction in line with the relevant warning message, and it is possible to correct the errors that may occur when entering your payment information in the same way. You can contact our Customer Service at +(90)212 484 0 494 for any data entry errors you notice after the completion of the payment process.
If the cargo company that will make the delivery does not have a branch in your location, the Product must be received from another nearby branch that we will notify.
When the Consumer approves the Agreement, the price and costs of the Product(s) ordered on this page shall be collected by the payment method chosen by the Consumer.
The Consumer has the right to withdraw from the order-Contract within thirty (30) days from the date of receipt of the Product without any justification and without penalty. However, in contracts for the following goods/services, even if they have not been used/exploited, there is no right of withdrawal by law: a) Goods prepared in line with the special requests of the Consumer or his/her personal needs (including those that are customized to the person/personal needs by making changes/additions, special Products imported/supplied from within or outside the country based on the BUYER's order) b) Cosmetics, etc. and chocolate, etc. perishable goods such as foodstuffs or goods that may expire c) goods such as cosmetics, swimwear, underwear products, etc. whose protective elements such as packaging, tapes, seals, packages, etc. 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 due to their nature e) all kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software, etc. whose protective elements such as packaging, tapes, seals, packages have been opened and computer consumables vi) all services performed instantly in electronic media and all kinds of intangible goods delivered instantly to the consumer f) goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider g) periodicals such as newspapers and magazines, except those provided under a subscription agreement h) leisure time services for accommodation, transportation of goods, car rental, food and beverage supply, entertainment or recreation, which must be performed on a specific date or period i) Services started to be performed within the right of withdrawal period with the approval of the BUYER and j) other goods and services that are generally accepted outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER makes purchases for commercial / professional purposes. If the purchased products are within the scope of the Earthquake Relief Mobilization, your order is included in the subparagraph (h) of the first paragraph (h) of Article 15 of the Distance Contracts Regulation titled exceptions to the right of withdrawal; You do not have the right to withdraw from your order as it will be evaluated within the scope of “the contract regarding the services started to be performed with the approval of the consumer before the right of withdrawal period expires”.
In cases where there is a right of withdrawal by law, the Consumer is legally responsible for the changes and deterioration that occur because the goods are not used in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, and for this reason, the Consumer may lose the right of withdrawal regarding the Product, and if we voluntarily accept it, we have the right to make a discount from the Product price as much as the change / deterioration.
In case of withdrawal, the relevant Product must be sent back within the legal period at the latest; it is possible to send it to us free of charge from the branch of our contracted cargo company Yurtiçi Kargo (which has delivered the Product to the Consumer or another nearby). If the Product is sent via a different cargo company than the contracted cargo company, the return costs may have to be borne by the Consumer.
Clear notification of withdrawal can be made to our above contact addresses by means such as letter, e-mail, telephone. In the event that this right is exercised, in addition to the aforementioned notification, the original delivery note / invoice (in accordance with tax legislation) must be returned with a copy of the cargo delivery report that the Product has been sent to us, a return invoice must be issued for Product returns whose invoice is issued on behalf of the institutions, and the Products to be returned must be delivered to us complete and undamaged together with the box, packaging, standard accessories, if any.
In cases where the right of withdrawal is not stipulated by law, the right of withdrawal cannot be utilized, and in cases where this right is not exercised duly or on time, the Consumer loses the right of withdrawal.
Provided that the above-mentioned requirements are fulfilled by the Consumer in due time and duly, within 14 days from the date on which the Product subject to the right of withdrawal is delivered to our contracted cargo company specified in this preliminary information for return, the Product price and the delivery costs of the Product, if any, shall be returned to the Consumer in accordance with the payment instrument used when purchasing the Product. If the Product is returned by a cargo company other than the 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 used for all of the products subject to the order and in cases where the right of withdrawal is used for a part of the products subject to the order (benefited by the Consumer), in case of falling below the minimum amount of our Company's free shipping (delivery) campaign and / or discount / discount campaign (free of charge, in other words, the ability to receive a gift product is also in this sense, such as 3 buy 2 pay), the entire amount of the delivery-cargo fee and the applied discount / discount amount (as well as the price of the free product) that has not been collected within the scope of the relevant campaign is deducted from the amount to be returned to the Consumer and taken from the Consumer (In cases where the delivery-cargo fee has been collected, this fee will be refunded without offsetting); If there is a (virtual / physical) gift voucher etc. that the Consumer has earned as a result of the shopping, all of it is canceled, if there is a (virtual / physical) gift voucher etc. that the Consumer has used, the entire amount of it is taken back by deducting it from the amount to be refunded. In cases where the deduction is not sufficient, collection is made from the payment instrument (including credit card, etc.) in the Consumer's shopping.
These provisions shall be applied in all other cases where the right of withdrawal is used, as well as in all other cases where the product return is in question, except for defective products. Our company, again in cases of withdrawal in accordance with the law and other order-Contract cancellations, the contractual and legal rights-obligations, including (also) valid collection-deduction rights for the monetary values of all kinds of reward points etc. earned by the Consumer on the INTERNET SITE and / or used for the purpose of discount in the payment of the Product price, etc. are also available and reserved.
The current rules-conditions applicable to our Company and the Consumer in matters related to transaction security, information protection, confidentiality, processing-use and commercial electronic communications on the INTERNET SITE are presented below for your information. The Consumer may consult our Company at any time by contacting our Company through the communication tools specified in these matters.
Our company is a member of the Istanbul Chamber of Commerce (ITO), and the electronic contact information where you can obtain ITO's code of conduct regarding the profession is as follows: (www.ito.org.tr, Telephone: 444 0 466).
After your acceptance by approving the above-below information and the Agreement on the WEBSITE, we will send all of these to your e-mail (mail) address you specified with your order confirmation, and you can always access them by saving and storing them on your device, and they will be kept in the systems of our Company within the framework of the relevant laws and for a maximum period of three years.
OTHER PRELIMINARY INFORMATION
SELLER
Title:
Mersis No:
Address :
Telephone:
Fax:
E-mail:; KEP:
RECIPIENT (CUSTOMER)
Name Surname
Address :
Telephone:
E-Mail:
PRODUCT / SERVICE SUBJECT TO ORDER-CONTRACT, PRICE, PAYMENT AND DELIVERY INFORMATION
The Type and Type, Quantity, Brand / Model / Color, Gross Price (s), Sales Price and Payment (collection) Information of the Products (goods / services) and Delivery Information including the delivery location 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 is required to receive the delivery from another nearby branch to be notified by the SELLER (The necessary information to the Consumer in this regard will be made by e-mail / e-mail, SMS or telephone). Other rules regarding delivery are stated below.
PRODUCT:
Payment (Collection) Information
Withdrawn amount :
Delivery Information :
Name, Surname/Title :
Address : --
Telephone :
E-Mail :
Invoice Information :
Name, Surname/Title :
Address :
Telephone :
E-Mail :
The Product subject to the order shall be delivered to the Consumer / the third person / organization at the address above, provided that the legal 30-day period is not exceeded, except for contracts for goods prepared in line with the consumer's request or personal needs, on the following basis.
The SELLER sends and delivers the Products through the contracted cargo company for its shipments. If this cargo company does not have a branch in the location of the Consumer, the Consumer is required to receive the Product from another nearby branch of the cargo company notified by the SELLER.
The Products in stock are delivered to the cargo company to be delivered to the person and address specified by the CONSUMER during the order within the legal period from the date of order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, depending on their distance.
In general and unless otherwise explicitly stated, delivery costs (cargo fee, etc.) belong to the Consumer. The SELLER may not reflect all or part of the said delivery costs to the Consumer depending on the campaigns it conducts at the time of sale and announces the terms on the INTERNET SITE.
In the event that the Consumer is not present at the address of the Consumer 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 respect. In the event that there is no one to receive delivery at the address, it is the responsibility of the Consumer to follow and ensure the shipment of the products by contacting the cargo company. If the Product is to be delivered to a person/organization other than the Consumer, the SELLER cannot be held responsible for the absence of this person/organization at the address or refusal to accept delivery. In these cases, all kinds of damages arising from the late delivery of the Product by the Consumer and the expenses incurred due to the waiting of the Product in the cargo company and / or the return of the cargo to the SELLER also belong to the Consumer.
Each person who will receive the Product is responsible for checking it as soon as he/she receives it and not accepting the Product when he/she sees a problem caused by the cargo in the Product and making a report to the cargo company official. Otherwise, the SELLER shall not accept any liability.
The consumer must have fully paid the sales price, including expenses, before receiving the Product. If the Product price is not fully paid to the SELLER before delivery in cash sales, and if the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and may not deliver the Product.
After the delivery of the Product, if for any reason, the Bank / financing institution to which the credit card to which the transaction is made does not pay the price of the Product to the SELLER or demands the price paid back, the Product shall 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 of the Consumer to the Bank or a defect or negligence, the shipping costs shall be borne by the Consumer. All other contractual-legal rights of the SELLER, including the pursuit of the Product price receivable without accepting the return, are also and in any case reserved.
For the avoidance of doubt; In cases where the Consumer pays the sales price with a credit card, installment card, etc. from banks (including financing institutions), all the facilities provided by these cards are credit and / or installment payment facilities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price in advance or in advance are not credit or installment sales for the parties to this Agreement, they are cash sales. The legal rights of the SELLER in cases deemed to be sales in installments by law (including the right to terminate the contract in case of non-payment of installments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default of the Consumer, default interest shall be applied at the monthly rate as stipulated by the applicable laws.
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 circumstances other than normal sales / delivery conditions (such as weather opposition, heavy traffic, earthquake, flood, fire), the SELLER shall notify the Consumer about the delivery by contacting the Consumer via the existing contact information. 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 will not be able to supply the Product subject to the Contract, it may supply another good / service of equal quality-price, provided that it obtains its verbal / written approval by informing the Consumer clearly and by one of the same means within three (3) days from the date it learns of this situation and is deemed to have fulfilled its commitment under the Contract in this way. The Consumer is free in all respects whether or not to give such approval and in cases where he/she does not give approval, the contractual-legal provisions regarding the cancellation of the order (termination of the Contract) shall apply.
SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE CONSUMER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE ORDER-CONTRACT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS
In the presence of a current agreement-contract between an organization that awards reward points etc. and the Consumer and the SELLER, which allows the reward points to provide discounts etc. on purchases from the SELLER's INTERNET SITE. In the presence of a current agreement-contract that allows the Consumer to provide discounts, etc. on purchases from the SELLER's WEBSITE, if the Consumer has earned such reward points due to this order-contractual purchase as required by the SELLER's said agreement and also his/her contract with the aforementioned organization, the amount (monetary value) of the reward points, gifts and the like earned by the Consumer with the purchase subject to this Agreement shall be taken back from the Consumer in cases where a refund is made to the Consumer by withdrawal from this Agreement and termination/order cancellation by other means.
Namely; unless a different method is stipulated in the agreement of the SELLER with the relevant organization, unless a different method is stipulated in the agreement of the SELLER with the relevant organization, if the Consumer has sufficient-other reward points (excluding the reward points earned with this shopping) before the aforementioned organization-system, firstly from those reward points, if not, it is made by deducting (offsetting) in cash from the price that the SELLER will return to the Consumer.
If the payment made by the Consumer to the SELLER in the purchase of the Product subject to this Agreement has been made partially / completely with reward points etc., in cases where the price of the Product purchased in this way is to be refunded to the Consumer, the reward points and the like used by the Consumer with the SELLER when purchasing the Product on the WEBSITE may be returned to the Consumer (again as points), unless the SELLER has a different agreement with the relevant organization.
As a general rule, in cases where unfair earning or use of reward points by the Consumer is detected in any way, the monetary value-amount of such reward points may be collected by the SELLER from the Consumer (from the credit card, in cash and other legal methods). This provision also applies to the price of the goods given as a gift to the Consumer by the SELLER as a result of the application of such a system.
Other issues related to the earning and use of reward points and the like are subject to the provisions of the agreements-contracts between the said organization and the Consumer and the SELLER, and in the relevant cases, the SELLER may exercise all rights and powers specified herein and in the aforementioned agreements-contracts before the Consumer and the organization, and may also carry out the relevant transactions on behalf of and/or on account of the said organization and/or other merchants in the same system.
Demands for cash money in return for reward points, gift certificates, etc. earned from the SELLER or used by the SELLER shall not be accepted in any case and under any circumstances.
The SELLER accepts no liability for any disputes between the Consumer and the aforementioned organizations and any material, legal, financial and non-financial consequences thereof; the above provisions are valid and reserved.
The foregoing provisions, if any, shall apply mutatis mutandis to the earning and redemption of reward points obtained by the Consumer directly from the SELLER.
The Consumer (in other words, the BUYER) who earns reward points from the WEBSITE / SELLER or uses reward points etc. in payments to the SELLER is deemed to have accepted the above special conditions (also).
RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
The confidentiality rules-policy and conditions specified briefly below (current principles in the relevant parts of the INTERNET SITE in comprehensive-detailed) apply to the protection, confidentiality, processing-use and communications and other issues on the INTERNET SITE.
The necessary measures for the security of the information and transactions entered by the Consumer on the WEBSITE have been taken by the SELLER in its own system infrastructure to the extent of today's technical facilities according to the nature of the information and transaction. However, since the said information is entered from the Consumer's device, it is the responsibility of the Consumer to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them on the Consumer's side and to prevent them from being accessed by unrelated persons.
The information obtained during the consumer's membership to the INTERNET SITE and shopping is provided by the SELLER, Gürmen Group Companies, GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş. for the provision of various products / services by the SELLER, its current and future affiliates, subsidiaries, affiliates, partners, successors and / or third parties / organizations to be determined by them and for electronic and other commercial-social communications to be made for all kinds of information, advertising-promotion, promotion, sales, marketing, store card, credit card and membership applications, These data may be recorded indefinitely or for a period of time to be stipulated by those specified and their successors, stored in printed / magnetic archives, updated, shared, transferred, transferred, transferred, used and processed in other ways when deemed necessary. These data may also be transmitted to the relevant Authorities and Courts when required by law. The consumer has consented and authorized the use, sharing and processing of his/her existing and new personal and non-personal information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to make commercial and non-commercial electronic communications and other communications to him/her.
The Consumer can always stop data use-processing and/or communications by contacting the SELLER through the specified communication channels in accordance with the legal procedure. According to the explicit notification of the Consumer in this regard, personal data processing and/or communications to the party shall be stopped within the legal maximum period; in addition, if the Consumer wishes, his/her information, except for those that are legally required and/or possible, shall be deleted from the data recording system or anonymized in such a way that his/her identity cannot be determined. If the consumer wishes, he/she can always apply to the SELLER and get information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automated systems, compensation in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
All intellectual-industrial rights and property rights, except those belonging to other third parties according to the agreement of the SELLER, on all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial/complete use belong to the SELLER.
The SELLER reserves the right to make any changes that it may deem necessary in the above matters; these changes shall be effective from the moment they are announced by the SELLER through the INTERNET SITE or other appropriate methods.
On other sites accessed from the INTERNET SITE, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any disputes and negative consequences that may arise.
SOME OTHER MATTERS
In case of order cancellations and termination of the Contract, including withdrawals in accordance with the Contract and the law, if the Product price has been collected, it shall be returned to the Consumer within a maximum of 14 days, in accordance with the vehicle in which the Product price was paid. For example, in credit card payments, the refund transaction is also made by refunding the Consumer's credit card and the Product amount is returned to the relevant bank within the same period after the order is canceled by the Consumer; Since the reflection of this amount to the Consumer's accounts after the return of this amount to the bank by the SELLER is completely related to the bank transaction process, the SELLER is not responsible in any way for possible delays caused by reasons beyond its initiative (banks' reflection of the refund to the Consumer's account may take up to three weeks).
For the price to be returned to the Consumer, the SELLER has and reserves the right of set-off, discount and deduction rights arising from the Contract and the law, and the right to collection in cases where it is not sufficient. The legal rights of the Consumer regarding the cases where the Contract is terminated by the Consumer due to the SELLER's failure to fulfill its performance are also available and valid.
The Consumer may notify the SELLER of his/her requests and complaints regarding the Product and sales verbally or in writing by contacting the above-mentioned communication channels.
As the SELLER, we are pleased to meet the justified demands-complaints and all kinds of applications of our Consumer customers.
If it is not possible to reach a solution in this way, the Consumer may apply to the Provincial and District Consumer Arbitration Committees in the place of residence of the Consumer or the SELLER within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and to the Consumer Courts in cases exceeding the limits.
With this Preliminary Information, which will form an integral part of the Distance Sales Contract upon approval, the consumer has been informed about all matters, including the basic features-qualities of the Product / Products subject to sale, sales price, payment method, delivery procedures and right of withdrawal and personal information-electronic communication and reward points conditions.
All explanations and information in this Order-Contract Preliminary Information are valid as of the moment the Consumer approves them on the INTERNET SITE and are bindingly applied together with the Distance Sales Contract between the SELLER and the Consumer (BUYER) in case of acceptance.
DISTANCE SALES CONTRACT
This Agreement regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the following products/services (“Product(s)”) that the BUYER (Consumer) wishes to purchase by placing an order on the SELLER's www.ramsey.com.tr electronic commerce website (“INTERNET SITE”) and other issues. After the BUYER approves this Agreement on the WEBSITE, the price and costs of the Product(s) ordered by the BUYER shall be collected by the payment method he/she chooses.
Article 1 - PARTIES
SELLER :
Title :
Telephone :
Fax :
E-Mail :
KEP
BUYER (CONSUMER) :
Name, Surname / Title :
Address :
Telephone :
E-Mail :
Article 2: CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type and Type, Quantity, Brand / Model, Color, Gross Price (s) and Sales Price and Payment (collection) Information of the Products (goods / services) and Delivery Information including the delivery location notified by the BUYER are as follows. If the cargo company that will make the delivery does not have a branch in the place where the BUYER is located, the BUYER must pick up from another nearby branch to be notified by the SELLER (The necessary information to the BUYER in this regard will be made by e-mail / e-mail, SMS or telephone). Other issues related to delivery are specified in Article 7 of the Agreement below.
PRODUCT:
Payment (Collection) Information
Payment Method-Intermediary : Credit Card / Debit Card
Withdrawn amount :
Delivery Information :
Name, Surname/Title :
Address : --
Telephone :
E-Mail :
Invoice Information :
Name, Surname/Title :
Address : --
Telephone :
E-Mail :
.
Article 3- ISSUES THAT THE BUYER HAS BEEN INFORMED PRIORLY
The BUYER confirms that he/she has been informed about the following matters by seeing and examining all general-specific explanations on the relevant pages-sections of the WEBSITE before the establishment of this Agreement with the acceptance of the BUYER on the INTERNET SITE by the BUYER and both the order and the payment obligation.
- The title and contact information and current introductory information of the SELLER,
- Tools-methods suitable for the purpose regarding the stages of the sales process during the purchase of the Product(s) from the WEBSITE and the correction of incorrectly entered information,
- The Chamber of Commerce (ITO-Istanbul Chamber of Commerce) to which the SELLER belongs and the electronic contact information where information on the rules of conduct stipulated by ITO regarding the profession can be obtained (Telephone: 4440486, www.ito.org.tr)
- The confidentiality, data use-processing and electronic communication rules applicable to the BUYER information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
- Shipping restrictions stipulated by the SELLER for the Products,
- The payment method(s) accepted by the SELLER for the Product(s) subject to the Contract and the basic features-qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related costs),
- Information about the procedures for the delivery of the Products to the BUYER and the transportation-delivery-cargo costs,
- Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, and the commitment-responsibilities of the parties in these matters,
- Products and other goods and services that the BUYER does not have the right of withdrawal,
- In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure for using this right and that the BUYER will lose the right of withdrawal if the right is not used in due time,
- In the Products with the right of withdrawal, if the Product deteriorates or undergoes a change due to not being used in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and in any case will be liable to the SELLER, and in cases where the SELLER accepts, the SELLER may collect an amount it deems appropriate according to the said deterioration or change by deducting (deducting) from the refund to be made to the BUYER,
- In cases where there is a right of withdrawal, how the Products can be returned to the SELLER and all related financial issues (including return methods, costs and return of the Product price and the reward points earned / used by the BUYER during the return, free products in campaign sales, other free / discounted / discounted opportunities provided, discounts and deductions that can be made from the refund to the BUYER for gift vouchers, etc., and additional collections from the BUYER, if not sufficient),
- If the BUYER is a legal person, he/she cannot use “consumer rights”, especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are considered to be of this nature in any case),
- According to its nature, all other terms of sale included in this Agreement and this Agreement can be stored and accessed by the BUYER for the period requested by the BUYER, and the SELLER can store it for three years after it is approved and established by the BUYER on the INTERNET SITE and sent to the BUYER by e-mail.
- Procedures and practices on privacy, personal data and electronic communications,
- In case of disputes, the BUYER can make legal applications to the District / Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502, with the contact information that the BUYER can send complaints to the SELLER.
Article 4- RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within thirty (30) days from the date of receipt of the Product without any justification and without penalty.
However, by law, there is no right of withdrawal in contracts for the following goods / services, even if they have not been used / exploited: a) goods prepared in line with the special requests of the BUYER or his personal needs (including those that are customized for personal / personal needs by making changes or additions, special products imported / supplied from abroad or abroad based on the BUYER's order) b) cosmetics etc. b) Goods such as cosmetics, chocolate, etc. and foodstuffs such as chocolate, etc. that may spoil quickly or expire c) Goods such as cosmetics, swimwear, underwear products, etc. whose protective elements such as packaging, tape, seal, package, etc. have been opened after delivery and whose return is not suitable in terms of health-hygiene d) goods that mix with other products after delivery and cannot be separated due to their nature e) all kinds of products with digital content such as books, CDs, DVDs, audio and video recordings, software, etc. and computer consumables whose protective elements such as packaging, tapes, seals, packages 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 price changes depending on fluctuations in financial markets and which are not under the control of the seller/provider g) periodicals such as newspapers and magazines, except those provided under a subscription agreement h) leisure time services for accommodation, transportation of goods, car rental, food and beverage supply and entertainment or recreation that must be performed on a specific date or period i) Services started to be performed within the right of withdrawal period with the approval of the BUYER and j) other goods and services generally accepted outside the scope of distance sales in accordance with the relevant legislation and cases where the BUYER makes purchases for commercial / professional purposes.
In cases where it is possible to use the right of withdrawal, the BUYER is legally responsible for the changes and deterioration that occur if the BUYER does not use the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period. Accordingly, the BUYER may lose the right of withdrawal if there is a change or deterioration due to the failure to use the Product in accordance with the instructions for use, technical specifications and operation of the Product until the date of withdrawal; In cases accepted by the SELLER, a discount is made from the price of the Product to be returned as much as the change / deterioration.
In cases where there is a right of withdrawal, it is sufficient for the BUYER to have directed a clear notification that the BUYER has exercised the right of withdrawal to the SELLER (verbally / in writing to the contact addresses specified above) within 14 days. In case the said right is exercised within the period, the Product must be sent to the above address of the SELLER within the maximum legal period, at the expense of the BUYER. If a contracted cargo company is specified for product returns on the INTERNET SITE and in the Preliminary Information, the BUYER may send the Product from a branch within or outside the District where it is located, in which case the BUYER will not be charged. In the event that the Product is sent via a cargo company other than the specified contracted cargo company, the return costs may be borne by the Consumer.
In this return process, the Product must be delivered complete and undamaged together with its box, packaging, standard accessories, if any. In addition, in accordance with the tax legislation, in addition to the cases where a Return Invoice must be issued by the BUYER by law, the invoice to be returned with the Product shall be filled and signed on the invoice to be returned with the Product. Order returns whose invoice is issued on behalf of institutions (legal entities) will not be accepted unless a Return Invoice is issued).
“The address where the product will be returned, the SELLER address / the address of the cargo company delivered for return.”
Provided that the above-mentioned requirements are fulfilled by the BUYER, within 14 days from the date of receipt of the withdrawal notification to the SELLER, the price of the Product and the delivery costs of the Product to the BUYER, if any, shall be returned to the BUYER in accordance with the payment instrument used when purchasing the Product. If the Product is returned by a cargo company other than the contracted cargo company, the 14-day period starts from the date the Product reaches the Seller.
The legal rights-responsibilities of the BUYER after the withdrawal period regarding the Products and the rights and obligations of the SELLER from the BUYER, including the contractual and legal collection-deduction rights, including those related to reward points, free / discounted / discounted sales, are also available and valid.
ARTICLE 5 - SPECIAL CONDITIONS TO BE APPLIED IN CASES WHERE THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE CONTRACT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS
5.1. In the presence of a current agreement-contract between an organization that awards reward points etc. and the BUYER and the SELLER that allows reward points to provide discounts etc. for purchases from the SELLER's INTERNET SITE. In the presence of a current agreement-contract that allows the BUYER to provide discounts, etc. on purchases from the SELLER's WEBSITE, if the BUYER has earned such reward points due to the purchase subject to this Agreement as required by the SELLER's said agreement and also by the SELLER's contract with the aforementioned organization, the amount (monetary value) of the reward points, gifts and the like earned by the BUYER with the purchase subject to this Agreement shall be taken back from the BUYER in cases where a refund is made to the BUYER by withdrawing from this Agreement and otherwise terminating / canceling the order.
Namely; unless a different method is stipulated in the SELLER's agreement with the relevant organization, unless a different method is stipulated in the SELLER's agreement with the relevant organization, if the BUYER has sufficient-other reward points (except for the reward points earned with the shopping subject to this Agreement) before the aforementioned organization-system, firstly from those reward points, if not available, it is made by deducting (offsetting) from the amount that the SELLER will return to the BUYER.
5.2. If the payment made by the BUYER to the SELLER in the purchase of the Product subject to this Agreement has been made partially / completely with reward points, etc., in cases where the Product purchased in this way is returned in such a way that the Product price will be refunded to the BUYER according to the relevant provisions of this Agreement, the reward points and the like used by the BUYER with the SELLER when purchasing the Product on the INTERNET SITE may be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organization.
5.3. As a valid general rule in cases where unfair earning or use of reward points by the BUYER in any way is detected, the monetary value-amount of such reward points may be collected by the SELLER from the BUYER (from the credit card, in cash and other legal methods). This provision also applies to the price of the goods given as a gift to the BUYER by the SELLER as a result of the application of such a system.
5.4. Other issues related to the acquisition and use of reward points and the like are subject to the provisions of the agreements-contracts between the said organization and the BUYER and the SELLER, and in the relevant cases, the SELLER may use all rights and powers specified herein and in the aforementioned agreements-contracts before the BUYER and the organization, and may also carry out the relevant transactions on behalf of and / or account of the specified organization and / or other merchants in the same system.
5.5. Demands for cash money in return for reward points, gift certificates, etc. earned from the SELLER or used by the SELLER are not accepted in any case and under any circumstances.
5.6. The SELLER accepts no liability for any 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 foregoing provisions, if any, shall apply mutatis mutandis to the earning and use of reward points obtained by the Consumer directly from the SELLER.
All consumers who earn reward points from the WEBSITE / SELLER or use reward points etc. in their payments to the SELLER, thus the BUYER, accept the above special conditions (also).
ARTICLE 6 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
The confidentiality rules-policy and conditions specified briefly below (current principles in the relevant parts of the INTERNET SITE in comprehensive-detailed) apply to the protection, confidentiality, processing-use and communications of information on the INTERNET SITE and other matters.
6.1. The necessary measures for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken in the system infrastructure on the SELLER side, according to the nature of the information and transaction, to the extent of today's technical facilities. However, since the said information is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them on the BUYER's side and to prevent them from being accessed by unrelated persons.
6.2. In addition to and confirming the BUYER's permission-consents regarding personal data and commercial electronic communications given by the BUYER in other ways; The information obtained during the BUYER's membership to the INTERNET SITE and shopping is provided by the SELLER, GÜRMEN GİYİM SANAYİ VE TİCARET A.Ş. Group Companies, its current and future affiliates, subsidiaries, affiliated companies, partners, successors and / or third parties / organizations to be determined by them and the provision of various products / services and all kinds of information, advertising-promotion, communication, promotion, promotion, sales, marketing, store card, For electronic and other commercial-social communications to be made for credit card and membership applications, it may be recorded indefinitely or for a period of time to be stipulated by the specified persons and their successors, stored in printed / magnetic archives, updated, shared, transferred, transferred, transferred, used and processed in other ways when deemed necessary.
These data may also be transmitted to the relevant Authorities and Courts when required by law. The BUYER has consented and authorized the use, sharing, processing of his/her personal and non-personal existing and new information in accordance with the legislation on the protection of personal data and electronic commerce legislation within the above scope and to make commercial and non-commercial electronic communications and other communications to him/her.
6.3. The BUYER can always stop the use-processing of data by reaching the SELLER through the specified communication channels and / or by reaching the SELLER through the same channels in accordance with the legal procedure or by using the right of refusal in electronic communications sent to him. According to the explicit notification of the BUYER in this regard, personal data processing and / or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, except for those that must be legally preserved and / or possible, is deleted from the data recording system or anonymized in such a way that his identity cannot be determined. If the BUYER wishes, he/she can always apply to the SELLER through the above communication channels and get information about the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automated systems, compensation in case of damage due to unlawful processing of data.
Applications and requests in these matters shall be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
6.4. Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial / complete use; except for those belonging to other third parties according to the agreement of the SELLER; 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 that it may deem necessary in the above matters; these changes shall be effective from the moment they are announced by the SELLER through the INTERNET SITE or other appropriate methods.
6.6. On other sites accessed from the INTERNET SITE, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any disputes and negative consequences that may arise.
Article 7- GENERAL PROVISIONS
7.1. The Product subject to the contract shall be delivered to the BUYER or the third person / organisation at the address indicated on the INTERNET SITE on the following basis, provided that the legal 30-day period is not exceeded, except for contracts for goods prepared in line with the consumer's request or personal needs.
The SELLER sends and delivers the Products through the contracted cargo company for its shipments. If this cargo company does not have a branch in the location of the BUYER, the BUYER is required to receive the Product from another nearby branch of the cargo company notified by the SELLER. The Products in stock shall be delivered to the cargo company to be delivered to the person and address specified by the CONSUMER during the order within the legal period from the date of order. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 3 (three) business days under normal conditions, depending on their distance.
7.2 In general and unless otherwise explicitly stated, delivery costs (cargo fee, etc.) belong to the BUYER. The SELLER may not reflect all or part of the delivery costs in question to the BUYER depending on the campaigns carried out at the time of sale and announced on the INTERNET SITE. In cases where the right of withdrawal is used for all of the products subject to the order and in cases where the right of withdrawal is used for a part of the products subject to the order (if any), if the minimum shopping amount of the SELLER free shipping (delivery) campaign is below the minimum shopping amount, the entire delivery-cargo fee not collected within the scope of the campaign shall be collected by deducting from the amount to be returned to the BUYER (in cases where the BUYER pays delivery-cargo fee, this fee shall be refunded).
As such, 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 and gift voucher etc., in all cases where the right of withdrawal is used for all or some of the products subject to the order, the minimum price has been reduced below the minimum price in question as a result of the use of the right of withdrawal for all or some of the products subject to the order, or the condition for the acquisition / use of gift vouchers etc. in any way. If the conditions of benefiting from the campaign in general terms / conditions of acquisition or use have been broken or not complied with by the BUYER, the entire amount of the discount / discount (if any, the gift product price) will be deducted from the amount to be returned to the BUYER, and if not sufficient, it will be collected from the payment instrument (including credit card, etc.) used during the shopping. If the BUYER has won (virtual / physical) gift vouchers, points, etc. due to his shopping, this is cancelled, if he has used (virtual or physical) gift vouchers, points, etc., the entire amount is again deducted from the amount to be returned to the BUYER, and if not sufficient, it is collected as above. These provisions shall be applied in all other cases where the right of withdrawal is used, as well as in all other cases where the product return is in question, except for defective products.
7.3. If the BUYER is not present at the address of the BUYER 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 respect. In the event that there is no one to receive delivery at the address, it is the responsibility of the BUYER to follow the shipment of the products by contacting the cargo company. If the Product is to be delivered to a person/organisation other than the BUYER, the SELLER cannot be held responsible for the person/organisation to be delivered not being present at the address or not accepting the delivery.
In these cases, all kinds of damages arising from the late receipt of the Product by the BUYER and the expenses incurred due to the waiting of the Product in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER.
7.4. The BUYER is responsible for checking the Product as soon as he/she receives the Product and when he/she sees a problem caused by the cargo in the Product, he/she is responsible for not accepting the Product and keeping a report to the Cargo company official. Otherwise, the SELLER will not accept responsibility.
7.5. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and if the due instalment amount is not paid in instalment sales, the SELLER may unilaterally cancel the contract and may not deliver the Product.
After the delivery of the Product, if for any reason, the Bank / financing institution to which the credit card to which the transaction is made does not pay the Product price to the SELLER or demands the price paid back, 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 borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the Product price receivable without accepting the return, are also and in any case reserved.
For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, instalment card, etc. from banks (including financing institutions), all the facilities provided by these cards are credit and/or instalment payment facilities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price in advance or in instalments are not credit or instalment sales for the parties to this Agreement, they are cash sales. The legal rights of the SELLER in cases deemed to be sales by instalments by law (including the right to terminate the contract in case of non-payment of instalments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved within the framework of the relevant legislation. In case of default of the BUYER, default interest shall be applied at the monthly rate as stipulated by the applicable laws.
7.6. If the Product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales / delivery conditions, the SELLER shall inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation.
7.7. If it is understood that the SELLER will not be able to supply the Product subject to the Contract, it may supply another good / service of equal quality-price, provided that it clearly informs the BUYER in accordance with the law within three (3) days from the date of learning of this situation and obtains its verbal / written approval, and is deemed to have fulfilled its commitment under the Contract in this way. The BUYER is free in all respects whether or not to give such approval and in cases where he does not give approval, the contractual-legal provisions regarding the cancellation of the order (termination of the Contract) shall apply.
7.8. In case of order cancellations and termination of the Contract, including withdrawals in accordance with the contract-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 return is made in accordance with the payment instrument used by the BUYER in the payment of the Product price to the SELLER. For example, in credit card payments, the refund transaction is also made by returning to the BUYER credit card and the Product amount is returned to the relevant bank within the same period after the order is cancelled by the BUYER; Since the reflection of this amount to the BUYER accounts after the return of this amount to the bank by the SELLER is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and assume any responsibility for possible delays.
The SELLER has and reserves the rights of set-off, discount and deduction arising from this Agreement and the law for the price to be returned. The BUYER's legal rights regarding the cases where the Contract is terminated by the BUYER due to the SELLER's failure to perform its performance are also reserved and available.
7.9. The BUYER may notify the SELLER of his/her requests and complaints regarding the Product and sales verbally or in writing by contacting the SELLER through the SELLER communication channels in the introduction section of the Contract.
7.10. Some of the issues written in Article 3 above may not be included in this Agreement due to their nature; however, 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 - sales stages or general - depending on the interest.
7.11. The BUYER may always access and review the aforementioned Information and this Agreement, as they are sent to the e-mail (e-mail) address he/she notified after acceptance, by saving and storing the said e-mail on his/her device. On the other hand, they are kept in the systems of the SELLER for 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 magnetic media records such as computer-audio records) constitute evidence; the rights of the parties arising from the relevant mandatory legal regulations in this regard are valid and reserved.
Article 8- BUYER'S LEGAL APPLICATION PROCEDURES - AUTHORITARY JURISDICTIONAL AUTHORITIES
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees within the monetary limits determined-announced by the Ministry of Commerce every year in accordance with the law, and Consumer Courts in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his/her or the SELLER's place of residence (domicile) if he/she wishes.
The BUYER acknowledges that he/she has read all the conditions and explanations written in this Agreement and in the order-contract preliminary information (on the INTERNET SITE), which constitutes an integral part of this Agreement, and that he/she has been informed in advance about all the issues written in Article 3 of this Agreement, including the basic features-qualities of the Product/Products subject to sale, sales price, payment method, delivery conditions, all other preliminary information-information about the SELLER and the Product subject to sale, and the right of withdrawal and personal information-electronic communication and reward points conditions. It accepts and declares that it has prior knowledge of all matters written in Article 3 of this Agreement, that it has seen all of them electronically on the INTERNET SITE and that it accepts and declares that it accepts the provisions of this Agreement by ordering the Product by giving its confirmation-approval-acceptance-permission to all of them electronically.
Both the aforementioned preliminary notifications and this Agreement are also sent to the above electronic mail (e-mail) address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the aforementioned e-mail together with the order summary.
