Distance Sales Agreement

1.1. INFORMATION ABOUT THE SELLER

Trade Name: Tuana Aygar

Mersis Number: 6061343513200001

Address: MASLAK MAH. AOS 55. SK. B BLOK NO: 4 İ Ç KAPI NO: 542 KOLEKTIF HOUSE SARIYER / İSTANBUL

Phone: (0212) 988 05 88

E-Mail Address: info@aikaconcept.com 

Product Return Address: Please send an e-mail to info@aikaconcept.com regarding this issue and get address information. 

1.2. INFORMATION ABOUT BUYER

Name Surname / Title: It will be on the payment page.

Delivery Address: It will be on the payment page.

Phone: It will be on the payment page.

E-Mail Address: It will be on the payment page.

ARTICLE 2: SUBJECT 

The subject of this contract is about the sale and delivery of the products / products whose qualifications and sales price are specified below, made by the SELLER to the CUSTOMER / BUYER at https://aikaconcept.com/ and https://aikaconcept.com/tr Ş., covers the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6052 and the “Regulation on Distance Contracts”, which entered into force after being published in the Official Gazette dated 27.11.2014 and numbered 29188.

ARTICLE 3: CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION

The type, quantity, brand / model, color, number, sales price, payment method, alternative product preference of the good / product / product / service are as follows.

It will be on the payment page.

Delivery Term: Delivery to Address

 ARTICLE 4: GENERAL PROVISIONS

4.1. The CUSTOMER / BUYER is obliged to pay the above-mentioned product prices over the total order amount for the product / products subject to the contract. 

4.2. ORDER, BUYER and INVOICE INFORMATION may belong to the same person and / or belong to different persons. CUSTOMER is responsible for all information given and approved in case of belonging to different persons. The rights and obligations that hold the CUSTOMER and BUYER responsible are specified as CUSTOMER / BUYER.

4.3. CUSTOMER accepts that the specified information is correct and belongs to the BUYER. In the event that the BUYER cannot be reached with the information provided, the SELLER has no responsibility and all responsibility belongs to the CUSTOMER.

4.4. Applications regarding consumer complaints and objections can be made to the Arbitration Committee for Consumer Problems or to the Consumer Court in the place where the consumer purchases the goods or services or where he / she is domiciled, within the monetary limits set by the Ministry in December every year.

4.5. This service is for retail sale and final use only. The SELLER reserves the right to cancel the order and not deliver it even if the preliminary information form and / or sales contract of the orders for wholesale and “resale” purposes has been formed.

4.6. The product / products subject to the contract shall be delivered / delivered to the person / organization at the address indicated by the CUSTOMER / BUYER until the delivery date specified in this contract / execution date of the contract, depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed the legal 30-day period. . 

4.7. In order for the Distance Sales Contract to be concluded, this contract must be electronically approved by the CUSTOMER.

4.8. For the delivery of the product / products subject to the contract, this contract must be approved electronically and delivered to the SELLER and the price must be transferred to the SELLER’s account with the payment method preferred by the CUSTOMER / BUYER. If the product price is not transferred to the SELLER’s account or canceled in the bank records, the SELLER shall be deemed to be freed from the product delivery obligation. 

4.9. CUSTOMER accepts and declares that it has read and informed all the information regarding the basic characteristics of the product / products subject to the contract, sales price and payment method and delivery, and gives the necessary confirmation electronically.

4.10. If the product (s) subject to the contract are to be delivered to another person / organization other than the CUSTOMER / BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery. In this case, all responsibility belongs to CUSTOMER / BUYER. 

4.11. The SELLER is responsible for the delivery of the contractual product / products in a sound, complete manner, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

4.12. The SELLER cannot be held responsible for the delivery of the ordered product to the BUYER due to all kinds of problems the cargo company may encounter during the delivery of the product to the BUYER.

4.13. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is justified.

4.14. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER notifies the consumer before the contractual performance obligation expires and may supply a different product with equal quality and price to the BUYER.

4.15.If the bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product, provided that the BUYER has delivered the product. It must be sent to the SELLER within 3 days. In this case, shipping costs belong to the BUYER.

4.16.The SELLER is obliged to notify the BUYER of the situation if the contractual product cannot be delivered within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the preventive situation disappears. If the BUYER cancels the order, the amount paid will be paid to him in cash and in lump sum within 10 days. 

4.17. In cases where the product / products subject to the contract are not in stock, the SELLER must inform the CUSTOMER / BUYER of the situation and the total price paid by the ORDER / BUYER and any document that puts him under debt within 14 days to the ORDERING CUSTOMER / BUYER. The SELLER has the right not to deliver the contractual product (s) provided that it is returned. 

4.18. Persons under the age of 18 cannot shop on the SELLER’s website, even if products for children are offered for sale. 

4.19. The prices of the products are available on the site in Turkish Lira with added value added tax. BUYER can shop with credit card on the website. Orders placed by credit card cannot be processed as soon as they are placed, and it is possible to process these orders when it is determined by the SELLER officials that the amount required to be paid by the BUYER in accordance with this contract is blocked or the amount of money transfer – EFT amount has reached the seller account. In case of payment by wire transfer or EFT, orders are canceled if the BUYER payments are not received within two days to the SELLER account.

4.20. A report must be kept with the cargo authority about the products determined to be damaged during delivery.

4.21. The SELLER is not responsible for price inaccuracies caused by typesetting and system errors.

4.22. Shipping costs are included in the product price for purchases of 200 TL or more. 

4.23. The SELLER is not responsible for the money transfer costs or any deductions made by banks during payments. In this context, the BUYER agrees that it will confirm the information such as interest rate, transfer costs, default interest provisions with the Bank and the said provisions will be determined in accordance with the terms of the contract with the Bank. 

4.24. In case of a refund request to the credit card, it is not possible to make a cash refund to the BUYER. The liability of the seller consists of paying the amount of shopping with the card to the bank. Credit card refunds are made within the framework of the existing return procedures of the Banks and within the agreements that the SELLER has made with the Banks. In this context, the BUYER already accepts that the BUYER knows how many installments he bought the product in installments and that the Bank can pay him in installments and that he consents to it. Even if the SELLER gives a one-time return order to the bank, the Bank can transfer the refund to credit cards in the form of one installment refund to the card every month. BUYER undertakes that he / she has read and accepted this article.

4.25. This contract becomes valid after it is approved electronically by the CUSTOMER and reaches the SELLER. 

ARTICLE 5: RIGHT TO WITHDRAWAL

Consumer; In distant contracts regarding the sale of goods, it has the right to withdraw from the contract by refusing the goods within 14 (fourteen) days from the date of delivery of the product to itself or to the person / organization at the address indicated, without any legal or criminal liability and without any justification. The costs arising from the use of the right of withdrawal belong to the SELLER. In order to use the right of withdrawal, within 14 days, the SELLER must be notified by registered mail, fax, telephone or e-mail to the address stated above and the product / products must be undamaged as they reach the BUYER. It is obligatory to return the original invoice to the SELLER with a sample of the cargo delivery report indicating that the product / products delivered to the SELLER are sent to the SELLER. Within 14 days following the receipt of these documents, the price of the product / products is returned to the CUSTOMER / BUYER. If the right of withdrawal is used within 14 days, the product / products will be returned to the SELLER by the CUSTOMER / BUYER, and in this case, the shipping fee belongs to the SELLER. If this right is used;

  1. a) the invoice of the product delivered to the person or the BUYER,
  2. b) Return form,
  3. c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
  4. d) The SELLER is obliged to return the total price and the documents that put the buyer under debt within 14 days at the latest from the receipt of the withdrawal notification to the BUYER.
  5. e) If there is a decrease in the value of the product due to the BUYER’s fault or

If it becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of fault.

ARTICLE 6: USE OF THE RIGHT OF WITHDRAWAL 

6.1. The BUYER declares on the website https://aikaconcept.com/ that it has read and informed the preliminary information about the basic characteristics of the product subject to the contract, the sales price and payment method and the delivery and the distance sales contract and gives the necessary confirmation electronically. RECEIVER; By confirming this Preliminary Information and the Distance Sales Contract electronically, it confirms that the SELLER has received the address to be given to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.

6.2. In distance contracts, the consumer has the right to withdraw from the contract within 14 (fourteen) days without any justification and without penal terms. It is sufficient to notify the notification that the right of withdrawal has been exercised within this period in writing or with a continuous data carrier. The right of withdrawal starts from the day the consumer receives the goods in contracts related to the delivery of the goods, and from the day the contract is concluded in other contracts.

6.3. For the delivery of the product, this Preliminary Information Form and the Distance Sales Contract must be confirmed electronically. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.

ARTICLE 7: CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED

Unless otherwise agreed by the parties, the consumer cannot use his right of withdrawal in the following contracts.a) There is no right of withdrawal in Distance Contracts written in the Article 2/2 of the “Regulation on Distance Contracts”, which entered into force after being published in the Official Gazette dated 11.2014 and numbered 29188.
b) The right of withdrawal cannot be exercised in the contracts / goods and services listed in Article 15 of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188.

ARTICLE 8: DEFAULT OF THE DEBTOR 

In the event that the BUYER goes into default, the BUYER agrees to pay the loss and damage of the SELLER due to delayed performance of the debt. In cases where the default of the BUYER is caused by the SELLER’s fault, the BUYER will not be obliged to meet any loss or damage claims. 

ARTICLE 9: AUTHORIZED COURT

Consumer; In respect of complaints and objections, they can apply to the Arbitration Committee for Consumer Problems or to the Consumer Court at the place where the consumer purchases the goods or services or where he / she is domiciled, within the monetary limits determined by the Ministry of Customs and Trade every December. 

In case the order is realized, the CUSTOMER / BUYER is deemed to have accepted all the terms of this contract.

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