1. PARTIES
This Agreement is executed between the following parties under the terms and conditions set forth below:
“BUYER” (Hereinafter referred to as the “BUYER” in this Agreement)
NAME AND SURNAME:
ADDRESS:
“SELLER”: (Hereinafter referred to as the “SELLER” in this Agreement)
TITLE: Kremi Kozmetik A.Ş.
ADDRESS: Yeniçarşı Sk. No:8 İç Kapı No: 2 Kağıthane/ İSTANBUL
2. DEFINITIONS
The terms written below will have the meanings ascribed to them in the application and interpretation of this Agreement:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188),
SERVICE: Any consumer transaction other than the provision of goods that is carried out or promised to be carried out in return for a fee or benefit,
SELLER: The company that offers goods to the consumer or acts on behalf or account of the one offering goods within the scope of its commercial or professional activities,
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The internet site belonging to the SELLER,
ORDERING PARTY: A real or legal person who requests a good or service through the internet site belonging to the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement executed between the SELLER and the BUYER.
3. SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation on the Principles and Procedures for the Implementation of Distance Contracts regarding the sale and delivery of the product, whose qualifications and sale price are specified in the invoice details, ordered by the BUYER electronically from the internet site belonging to the SELLER.
4. PRODUCT SUBJECT TO THE AGREEMENT
The type and nature, quantity, sale price of the service and products are as indicated on the sales invoice. The Payment Method, Invoice, and Delivery Address are as specified on the invoice.
Product Description
Quantity
Unit Price (TL)
TERMS OF PAYMENT AND DELIVERY
Total Product Price Including Cargo: ……. TRY
Shipping Fee: …..
Total Product Price Including Cargo and All Taxes: ……..
Payment Method: ……….
Delivery Address: …………
Person to be Delivered: ……………
Invoice Information:…………..
5. GENERAL TERMS
5.1 - The BUYER declares that they have read and acknowledged the preliminary information regarding the basic qualities, sale price, and payment method of the product on the internet site, as well as the delivery, and has given the necessary confirmation in the electronic environment. The SELLER accepts payments via credit cards (VISA, MasterCard, American Express). Payment methods not specified in this clause will not be accepted under any circumstances.
5.2 - The product/service subject to the Agreement will be delivered to the BUYER or the person/entity at the address indicated by the BUYER as quickly as possible depending on the distance of the BUYER’s location, within the period specified in the preliminary information on the internet site.
5.3 - If the product/service subject to the Agreement is to be delivered or provided to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity to be delivered or provided the service does not accept the delivery or service.
5.4 - The SELLER will deliver all orders with an accompanying dispatch invoice as required by law. All prices in the purchases are expressed in TL, including VAT. The shipping fee is borne by the SELLER, and the VAT rate is 20%. Changes in these rates will be applied as of the effective date.
5.5 - The SELLER is responsible for delivering the product and service subject to the Agreement in a sound, complete manner, and in accordance with the specifications stated in the order.
5.6 - The delivery of the product or service subject to the Agreement is conditional on the signed or approved copy of this Agreement being delivered to the SELLER and the price being paid by the BUYER in the chosen payment method. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product or service.
5.7 - If the BUYER’s credit card is used by unauthorized persons after the delivery of the product or service due to the BUYER’s fault, and if the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product within 3 days in a usable and complete condition to the SELLER. In this case, the shipping costs are borne by the SELLER.
5.8 - If the SELLER cannot deliver the product subject to the Agreement on time due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, or the interruption of transportation, the SELLER is obliged to inform the BUYER. In such a case, the BUYER may exercise one of the following rights: canceling the order, replacing the product subject to the Agreement with an equivalent if available, and/or postponing the delivery time until the preventing situation is removed. If the BUYER cancels the order, the amount paid will be refunded in full within 10 days in accordance with the payment method used during the order.
5.9 - If the holder of the credit card used during the order is not the same person as the BUYER or if a security gap is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide the identification and contact information of the credit card holder, the statement of the previous month for the credit card used in the order, or a letter from the bank indicating that the credit card belongs to them. The order will be frozen until the requested information/documents are provided by the BUYER, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
5.10 - Orders placed on weekdays will be shipped within an average of 48 hours, and orders placed on weekends will be shipped within an average of 72 hours. The BUYER will be able to track the purchased product with the shipping tracking code sent to their email address.
5.11 - The BUYER will inspect the product/service subject to the Agreement before taking delivery; they will not take delivery of damaged and defective goods/services, such as crushed, broken, torn packaging, etc., from the shipping company. The goods/services delivered will be considered to be undamaged and intact. After delivery, the responsibility of carefully protecting the goods/services belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
5.12 - After the product is received, it is deemed that the delivery company has fulfilled its duty properly. Therefore, damaged packages detected during delivery should not be accepted, and a report should be drawn up. Subsequently, this report should be sent to info@kremibeauty.com.
5.13 - Products requested for return or exchange should be placed in a separate package/carton and sent back in a manner that will not be damaged during shipping. Damage to the original boxes of the products and the shipping labels attached to them will impair the originality of the products and their resalability, thus making their return or exchange impossible.
5.14 - The BUYER will send the unopened/unused product within 14 days after creating a return request through the order via Aras Kargo with the return code 2207654551316 to the return address at Ferhatpaşa Mah. 38. Sokak No:38 Ataşehir/Istanbul with the shipping cost borne by the recipient.
5.14 - The BUYER declares and undertakes that the personal and other information provided while becoming a member of the internet site belonging to the SELLER is accurate, and that they will immediately, in cash, and in full indemnify the SELLER for all damages that may arise due to the inaccuracy of this information, upon the first notice of the SELLER.
5.15 - The BUYER agrees and undertakes in advance to comply with the provisions of the legal regulations while using the internet site belonging to the SELLER and not to violate them. Otherwise, all legal and penal liabilities that may arise will fully and exclusively bind the BUYER.
5.16 - The BUYER may not use the internet site belonging to the SELLER in any way that disrupts public order, violates general morality, disturbs and harasses others, or for an illegal purpose, or in a manner that infringes upon the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
5.17 - By confirming this Agreement and the Preliminary Information Form electronically, the BUYER confirms that before the conclusion of the distance contracts, they have obtained the address, the main features of the goods or services ordered, the price of the goods or services including taxes, the payment and delivery information, and the delivery price information to be given to them by the SELLER correctly and completely.
5.18 - The PARTIES accept that there is no disproportion between the performances agreed upon in the contract and that the mutual performances are appropriate to the nature of the work.
6. RIGHT OF WITHDRAWAL
The BUYER will create a request to cancel the order by clicking the "My Account" link. (This must be explained in detail according to the site.)
According to the relevant provisions of the Consumer Protection Law
No. 6502 and the Distance Contracts Regulation:
6.1 - The BUYER may use the right of withdrawal within 14 (fourteen) days from the date of delivery of the product without showing any justification and without paying any penalty, provided that they notify the SELLER via the means of communication specified in the Preliminary Information Form.
6.2 - However, the BUYER must return the product in its original box, undamaged, complete with accessories, packaging, and product protection tapes (if any) as a whole. The SELLER must return the payment to the BUYER within 14 days from the date when the BUYER notifies the SELLER that they have used the right of withdrawal, and the BUYER must return the product within 10 days from the date they used the right of withdrawal. If the product is damaged or used contrary to the instructions, there will be a proportional reduction in the refundable amount to the BUYER.
6.3 - In the event that the BUYER uses the right of withdrawal, the SELLER is not responsible for the return shipping costs if the return is sent with a shipping company other than Aras Kargo.
6.4 - In order to use the right of withdrawal, the SELLER must be notified in writing within 14 (fourteen) days, and the product must be unused. Returns of products that have been used will not be accepted.
The following products and services are outside the scope of the right of withdrawal:
- Personalized products prepared in line with the buyer's wishes or personal needs
- Products that are quickly perishable or expired
- Products that are not suitable for return in terms of health and hygiene, and which are not appropriate for return if they are unpacked by the BUYER after delivery
- Products whose protective elements such as packaging, tape, seal, package have been opened after delivery and which are not suitable for return in terms of health and hygiene
- Products that are mixed with other products after delivery and cannot be separated due to their nature
- Periodicals such as newspapers and magazines, except those provided under a subscription agreement
- Services provided electronically or non-material goods instantly delivered to the consumer
- Services started with the approval of the consumer before the expiration of the right of withdrawal period
7. EVIDENCE AGREEMENT AND COMPETENT COURT
In the resolution of any disputes arising from this Agreement, the records (including magnetic media records such as computer-audio recordings) of the SELLER constitute conclusive evidence, and the Consumer Arbitration Committees in the place of the BUYER’s residence and the Consumer Courts in the place where the BUYER purchased the goods or services are authorized up to the value announced by the Ministry of Customs and Trade.
8. ENFORCEMENT
This Agreement, consisting of 8 (eight) articles, was read by the parties and signed by the BUYER electronically. The Agreement will enter into force immediately after the BUYER confirms it electronically.
SELLER
Kremi Kozmetik A.Ş.
BUYER
[BUYER’s Name and Surname]
[BUYER’s Address]