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ARTICLE 1
PARTY
1.1. Seller
Trade Name : By Tree
Tax Office/No: VVVVV/NNNNNNN
Address:
Trade Registry Number:
Phone :
E-mail : info@bytree.com.tr
Mersis Number:
1.2. Buyer
Name – surname :
Address :
Phone :
E-mail :
ARTICLE 2
SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Law on the Protection of the Consumer and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under this Agreement. The subject of this contract is the sale of goods/services with the qualifications specified in the contract, which the Buyer electronically orders for the purchase of the Seller's products, through the Seller's shop.antebies.com or other domain names connected to the service provided ("Website"). It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts regarding the delivery and delivery.
ARTICLE 3
FUNDAMENTAL QUALIFICATIONS AND PRICE OF THE GOODS SUBJECT TO THE CONTRACT
3.1. The type and type of product/products, quantity, brand/model, color and sales price and delivery information including taxes are as follows:
3.1.1.
Product Information
Unit Price
Subtotal
(Including VAT)
TOTAL
3.1.2. Payment Method and Plan: ....................................
3.1.3. Shipments will begin within two business days following the order. Shipment will be completed within 7 business days.
3.1.4 Delivery Address.................
3.1.5. Persons to be Delivered: ....................
3.1.6. Billing Address:
ARTICLE 4
DELIVERY AND DELIVERY METHOD
The Contract has entered into force upon approval by the Buyer and is executed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The goods/services will be delivered to the person(s) at the address specified by the Buyer in the order form and in this contract.
ARTICLE 5
DELIVERY COSTS AND PERFORMANCE
Delivery costs of the Goods/Services belong to the Buyer. If the Seller has declared on its website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller. Delivery of the goods; It is done in the promised time after the seller's stock is available and the payment is made. The Seller delivers the Goods/Services within 30 (thirty) days from the order of the Goods/Services by the Buyer, and reserves the right to extend an additional 10 (ten) days with written notification within this period. If, for any reason, the Buyer does not pay for the Goods/Services or the payment is canceled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Goods/Services.
ARTICLE 6
BUYER'S STATEMENTS AND COMMITMENTS
6.1. The Buyer declares that he has read the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method and delivery of the contractual product on the Website and has given the necessary confirmation in electronic environment. Buyers, as Consumers, can deliver their requests and complaints through the channels provided by the Seller contact information above.
6.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer has confirmed that he has obtained the correct and complete information about the address to be given to the consumer by the Seller before the conclusion of the distance contracts, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information. happens.
6.3. The Buyer shall inspect the Goods/Services subject to the Contract before receiving it, and if it is damaged, broken, the packaging is torn, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the Buyer. If the relevant bank or financial institution fails to pay the price of the goods/services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the delivery of the Goods/Services, the Buyer must have been delivered to him. is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that In this case, the delivery costs belong to the Buyer.
ARTICLE 7
SELLER'S STATEMENTS AND COMMITMENTS
7.1. The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the Seller cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances preventing the transportation, it is obliged to notify the Buyer as soon as possible. Seller cannot be held responsible for not accepting delivery.
ARTICLE 8
RIGHT OF WITHDRAWAL
8.1. The Buyer has the right to withdraw from the contract by refusing the goods or services within 14 (fourteen) days from the date of receipt or signing of the contract without any legal or criminal liability and without giving any reason, and that the Seller will take back the goods as of the date the withdrawal notification is received by the Seller. Seller commits. Notification of the right of withdrawal and other notifications related to the contract can be sent through the seller's contact information, which belongs to the seller and is specified above.
8.2. In order to exercise the right of withdrawal, it is obligatory to notify the Seller within this period in accordance with the provisions of the legislation. In case the right of withdrawal is exercised: a) It is obligatory to return the product delivered to the Buyer or the third party informed by him/her. b) The boxes, packaging, standard accessories, if any, of the products to be returned within 14 (fourteen) days must be delivered complete and undamaged. Within 10 (ten) days following the exercise of the right of withdrawal and the access of the information, the product price is returned to the Buyer as paid. When returning the product to the Seller, the original invoice submitted to the Buyer during the delivery of the product must also be returned. The return shipping cost belongs to the Seller, in case the seller is sent with the contracted cargo company. The return section of the invoice to be returned with the product will be filled in and signed by the Buyer.
ARTICLE 9
CONDITIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be used in the following cases:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, provided that protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
ğ) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE 10
INFORMATION ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
10.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, T.C. ID number, communication channels information, address, financial data, etc. informations; Taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, being used in marketing activities about orders, products and services, updating the information of the BUYER and managing and maintaining the memberships and distance sales established between the BUYER and the SELLER. It can be recorded, stored in written/magnetic archives, used, updated, shared by the SELLER, SELLER affiliates and third parties and/or organizations for the purpose of performing the contract and other contracts and to ensure that the technical, logistics and other similar functions of third parties are performed on behalf of the SELLER, can be transferred and processed with other copies. You can access detailed information via the User Disclosure Text and KVKK Policy.
10.2. SMS/text message, instant notification, automatic call, computer for credit card and membership information, transaction, applications for promotion, advertising, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made by telephone, e-mail/mail, fax, other electronic communication tools, the BUYER has accepted to be sent commercial electronic messages. It has been clarified that this acceptance can always be withdrawn.
10.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the Seller's own system infrastructure, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
10.4. 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 SELLER's agreement; All intellectual and industrial rights and property rights belong to Antebies.
10.5. On other sites accessed from the Internet Site, their own privacy-security policies and terms of use are valid, the SELLER is not responsible for any conflicts and negative consequences that may arise.
ARTICLE 11
PRICE OF GOODS/SERVICE
The cash or deferred price of the good/service, the down payment price is included in the order form, but it is the price included in the invoice sent to the customer together with the sample invoice and product sent at the end of the order. Discounts, coupons and other sales made by the seller are reflected in the sales price and invoice.
ARTICLE 12
STATUS OF DEFAULT AND ITS LEGAL RESULTS
In the event that the buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement that the bank has made with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the Buyer, and in any case, in the event that the Buyer defaults due to its debt, the Buyer agrees to pay the Seller's loss and damage due to the delayed performance of the debt.
ARTICLE 13
NOTICES and EVIDENCE AGREEMENT
Any kind of correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the Law. The Buyer agrees that in disputes that may arise from this Agreement, the Seller's official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article will constitute an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in nature.
ARTICLE 14
RESOLUTION OF DISPUTES
14.1. If the consumers have problems with the Seller, if the Seller cannot solve the problem, they can submit their applications to the Arbitration Committee for Consumer Problems in the place where they purchased the product or where they reside; They will be able to make their applications for complaints and objections related to transactions with a product price above this amount, to the Consumer Court in the place where they purchased the product or where their residence is located.
ARTICLE 15
ENFORCEMENT
This Agreement, which consists of 15 (fourteen) articles, has been read by the Parties and concluded by being approved by the Buyer electronically and has entered into force immediately.
SELLER
BUYER