TERMS OF SERVICE
PARTIES
This Agreement has been signed between the parties mentioned below within the framework of the provisions and conditions specified below.
A. 'BUYER'; (hereinafter referred to as the "BUYER" in the agreement)
B. 'SELLER'; (hereinafter referred to as the "SELLER" in the agreement)
FULL NAME:
ADDRESS:
By accepting this agreement, the BUYER agrees in advance that if the BUYER approves the subject of the contract, the amount of the order subject, as well as any additional charges specified such as shipping fees and taxes, and that the BUYER has been informed about this and undertakes to pay.
DEFINITIONS
In the application and interpretation of this agreement, the following terms shall represent the explanations written next to them:
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of the Consumer,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than the provision of goods in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf or account of the company that offers goods,
BUYER: The real or legal person who acquires, uses or benefits from goods or services for non-commercial or non-professional purposes,
WEBSITE: The website owned by the SELLER,
ORDER GIVER: The real or legal person who requests a product or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable goods subject to shopping and intangible goods such as software, audio, visual, and similar goods prepared for use in electronic media.
SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Distance Contracts Regulation regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered from the SELLER's website electronically.
The prices listed and announced on the website are the sales prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
SELLER INFORMATION
NAME/TITLE: Fogas and Bozope Giyim Sanayi Ticaret A.Ş.
ADDRESS: ATATÜRK MAH. ERTUĞRUL GAZİ SK. METROPOL ISTANBUL C1 BLOK NO: 2 B İÇ KAPI NO: 376 ATAŞEHİR/ İSTANBUL
EMAIL: hello@dichento.com
PHONE: +90 543 266 05 08
BUYER INFORMATION
Person to be delivered:
Delivery Address:
Phone:
Fax:
Email/username:
PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
6.1. The basic characteristics of the Goods/Product/Product/Service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.
6.2. The prices listed and announced on the website are the sales prices. The announced prices and promises remain valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
6.3. The total sales price of the goods or services covered by the contract, including all taxes, is shown below.
Product Description:
Quantity Unit Price:
Subtotal (Including VAT):
Shipping Fee:
Total:
Payment Method and Plan:
Delivery Address:
Person to be Delivered:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
6.4. The shipping cost, which is the shipping cost, will be paid by the BUYER.
INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:
Invoice delivery: The invoice will be delivered to the invoice address together with the order during the order delivery.
SECURITY-PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS RULES
The privacy rules, policies, and conditions stated below are valid for the protection, confidentiality, processing, use of information on the INTERNET SITE, and other matters related to communication.
8.1. Necessary precautions for the security of the information entered by the BUYER on the INTERNET SITE and for the security of the transactions are taken in the SELLER's system infrastructure according to today's technical capabilities, depending on the nature of the information and the transaction. However, since these data are entered from the BUYER's device, it is the responsibility of the BUYER to take the necessary measures to protect them and prevent unauthorized access, including viruses and similar harmful applications. For the security of the credit card used by the BUYER in the payments, the credit card used by the BUYER is encrypted directly through the relevant bank, and no intervention can be made by the SELLER.
8.2. The SELLER uses the SSL (Secure Sockets Layer) protocol to keep the BUYER's data safe during the data entry phase. However, the SELLER cannot guarantee the security of the data in the process of passage through the INTERNET in any way. The BUYER will not hold the SELLER responsible for any direct or indirect damages that the BUYER or third parties may suffer due to the use of the INTERNET SITE in a way that is not compliant with the PRIVACY POLICY and the BUYER accepts in advance.
8.3. The SELLER can collect and use technical information about the BUYER in order to provide a better shopping experience to the BUYER through the INTERNET SITE. This information may include technical information such as the IP address of the device used by the BUYER to access the INTERNET SITE, the operating system version and type, the web browser used by the BUYER, and other technical information.
8.4. The SELLER's personal data practices are explained in the "Privacy and Security" text on the INTERNET SITE. The BUYER is considered to have accepted these terms and conditions in advance by accepting this Agreement.
GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that he has read and informed the preliminary information about the basic characteristics of the contractual product, the sales price, the payment method, and the delivery on the website of the SELLER and gives the necessary confirmation electronically.
9.2. Every person who wants to shop on the website must fill in the membership form completely and correctly and become a member of the website by approving the membership agreement and the distance sales contract and the preliminary information form in electronic environment.
9.3. The SELLER is not responsible for the products or services that are not sold by the SELLER via the website. The responsibility belongs to the seller of that product/service.
9.4. The BUYER agrees that the SELLER has the right to withdraw from the contract unilaterally in cases where the system is unable to determine the accuracy of the sales price due to technical errors. In this case, the delivery cost, if any, will be returned to the BUYER.
9.5. The SELLER shall deliver the contractual product in a sound, complete manner, in accordance with the qualifications specified in the order, and with the warranty documents and user manuals, if any.
9.6. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the contractual performance obligation arises.
9.7. If the SELLER fails to fulfill the contractual obligations in the event that the fulfillment of the goods or services subject to the order becomes impossible, the SELLER notifies the BUYER before the expiry of the performance obligation arising from the contract and returns the total price to the BUYER within 14 (fourteen) days.
9.8. The BUYER may use the right to withdraw within 14 (fourteen) days from the delivery of the contractual product to him or to the person/organization at the address indicated. In order to use the right of withdrawal, it is necessary to notify the SELLER by registered mail, fax, or e-mail within this period and the product must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be Exercised" in accordance with the Regulation. If this right is used,
a) The product must be delivered complete and undamaged with the box, packaging, and standard accessories, if any,
b) The return form and the original invoice with the product delivered to the third party or the BUYER (if the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning the invoice. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
c) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of these notices and to receive the goods within 20 days.
d) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product within the period of withdrawal.
e) If the campaign limit amount set by the SELLER is decreased due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
f) In order to be able to return products with campaign value, all products within the scope of the campaign must be returned. If the return of the product is not made with all products within the scope of the campaign, the return cannot be completed due to the incomplete return, and the order is kept in the status of "Delivered" by the system.
g) The discount used within the scope of the campaign is canceled if the entire order is returned. If the discount code is used for a single product within the scope of the campaign, the remaining amount of the discount used is canceled due to the return of the related product.
h) Due to the use of the discount code within the scope of the campaign for a single product, the discount code is used within the campaign value in accordance with the amount rules of the campaign if the right of withdrawal is used for one of the products of the relevant campaign within the scope of the campaign for shopping in a single installment. The discount amount used is canceled in case of return. The discount code used within the scope of the campaign is adjusted for shopping with installments according to the campaign rules. The remaining amount of the canceled discount used is deducted from the total amount of the relevant order and the remaining amount is returned to the credit card of the BUYER. The BUYER cannot use the remaining amount of this discount for other purchases.
i) If the return of the product causes the total amount of the order to decrease below the limit amount of the campaign, the discount code is canceled and the discount amount used is deducted from the total amount of the order and the remaining amount is returned to the credit card of the BUYER.
RIGHT OF WITHDRAWAL
10.1. In case the distance contract is related to the sale of goods, the BUYER may exercise the right of withdrawal without any legal or penal liability and without stating any reason by rejecting the goods and notifying the SELLER within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the address provided by the BUYER. In distance contracts related to the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the service has started to be performed with the consent of the consumer before the end of the withdrawal period. The expenses arising from the use of the right of withdrawal are covered by the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or e-mail within the 14 (fourteen) day period and the product must not have been used within the framework of the provisions specified in the "Products for which the Right of Withdrawal cannot be Exercised" in this contract. When using this right,
a) The invoice of the product delivered to the third party or the BUYER (if the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning the invoice. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
b) The return form,
c) The product's box, packaging, and, if any, standard accessories must be delivered complete and undamaged.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of these notices and to receive the goods within 20 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or product within the period of withdrawal.
f) In the case of using the right of withdrawal, the discount amount used within the campaign limit set by the SELLER is canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products that are prepared according to the BUYER's request or explicitly in line with personal needs, underwear, swimwear bottoms, makeup products, disposable products, goods that are at risk of rapid deterioration or have a likelihood of expiration date after delivery, products that are not suitable to be returned for health and hygiene reasons if unsealed after delivery, products mixed with other products after delivery and inherently inseparable, goods related to periodicals such as newspapers and magazines other than those provided under a subscription agreement, electronic services provided instantly in electronic environment or intangible goods delivered to the consumer instantly, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, the return of which is not possible due to the opening of the packaging by the BUYER, are not eligible for withdrawal according to the Regulation. Additionally, before the expiration of the withdrawal period, the right of withdrawal cannot be exercised for services that have begun to be performed with the consumer's approval, according to the Regulation.
Cosmetic and personal care products, underwear products, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and tapes, as well as stationery consumables (toner, cartridge, ribbon, etc.), must be in their original packaging, unopened, untested, undamaged, and unused for returns.
DEFAULT AND LEGAL CONSEQUENCES
In case the BUYER defaults on payment transactions made with a credit card, the BUYER accepts, declares, and undertakes that they will pay interest to the bank in accordance with the credit card agreement between the cardholder bank and themselves and will be liable to the bank; in this case, the bank may resort to legal remedies, demand the incurred expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes that they will pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
AUTHORIZED COURT
In disputes arising from this agreement, complaints and objections will be submitted to the consumer problems arbitration committee or the consumer court at the place where the consumer resides or where the consumer transaction is performed, within the monetary limits specified in the Law.
EFFECT
When the BUYER completes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the Site before the order is placed.
SELLER:
BUYER:
DATE: