1. PARTIES
This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.
A. ‘BUYER’ ; (hereinafter referred to as the "BUYER" in the agreement)
NAME - SURNAME:
ADDRESS:
A. ‘SELLER’ ; (hereinafter referred to as the "SELLER" in the agreement)
NAME - SURNAME: VRİDE Bisiklet A.Ş
ADDRESS: FOLKART VEGA / İZMİR
By accepting this agreement, the BUYER agrees in advance that if they approve the order subject to the agreement, they will be obliged to pay the price of the ordered product(s) and any specified additional charges such as shipping fee, taxes, and that they have been informed of this matter.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms set forth below shall have the meanings indicated next to them.
MINISTER : The Minister of Customs and Trade,
MINISTRY : The Ministry of Customs and Trade,
LAW : The Law on the Protection of Consumers No. 6502,
REGULATION : The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE : Any subject matter of consumer transactions other than the supply of goods, performed or committed to be performed in return for a fee or benefit,
SELLER : The company that offers goods to the consumer or acts on behalf of or for the account of the person offering goods within the scope of its commercial or professional activities,
BUYER : The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE : The website owned by the SELLER,
ORDERING PARTY : The natural or legal person who requests a good or service through the SELLER’s website,
PARTIES : The SELLER and the BUYER,
CONTRACT : This agreement concluded between the SELLER and the BUYER,
GOODS : The movable property subject to purchase, as well as intangible goods such as software, audio, video, and similar digital content prepared for use in electronic media.
3. SUBJECT
This Agreement regulates the rights and obligations of the PARTIES in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER through the SELLER’s website.
The prices listed and announced on the website are the sales prices. The announced prices and offers remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: VRIDE Bicycle
Address: FOLKART VEGA / İZMİR
Phone: 0232 369 09 07
E-mail: [email protected]
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
E-mail/Username
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ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/Username
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INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. The basic characteristics of the goods/products/service (type, quantity, brand/model, color, number) are published on the SELLER’s website. If the SELLER has organized a campaign, the BUYER can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until the specified date.
7.2. The prices listed and announced on the website are the sales prices. The announced prices and offers remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description | Quantity | Unit Price | Subtotal
(VAT Included)
Shipping Fee
Total :
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product delivery cost, shall be paid by the BUYER.
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BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/Username
Invoice Delivery: The invoice will be delivered together with the order to the billing address during the delivery of the order.
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GENERAL PROVISIONS
9.1. The BUYER declares that he/she has read and is informed about the basic characteristics of the product subject to the contract, its sales price, payment method, and delivery information on the SELLER’s website, and has given the necessary confirmation in the electronic environment. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, he/she has obtained the correct and complete information about the address, basic features of the ordered products, prices including taxes, payment, and delivery details before the establishment of the distance sales contract.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s location, provided that it does not exceed the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract.
9.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order, together with the warranty certificates, user manuals, and all required documents, in accordance with legal regulations, free of any defects, properly, in compliance with standards, and in accordance with the principles of honesty and good faith; to maintain and improve the quality of service; to exercise necessary care and diligence; and to act with prudence and foresight during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price, provided that the BUYER is informed and gives explicit approval before the fulfillment obligation expires.
9.5. In the event that fulfillment of the order becomes impossible, the SELLER shall inform the BUYER in writing within 3 days from the date of learning of this situation and refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the product price is not paid or canceled in the bank records for any reason, the SELLER’s obligation to deliver the product shall terminate.
9.7. In the event that, after the delivery of the product to the BUYER or the person and/or organization indicated by the BUYER, the BUYER’s credit card is unfairly used by unauthorized persons and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER undertakes to return the product to the SELLER within 3 days, with shipping costs borne by the SELLER.
9.8. In cases of force majeure or circumstances that develop beyond the control of the parties, which are unforeseeable and prevent or delay the fulfillment of the parties’ obligations, the SELLER undertakes to notify the BUYER of the situation. The BUYER is entitled to request cancellation of the order, replacement of the product subject to the contract with an equivalent one, and/or postponement of the delivery until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid in cash shall be refunded to the BUYER within 14 days. For payments made by credit card, the refund shall be made to the relevant bank within 14 days following the cancellation, and the BUYER accepts that the time for the refund to reflect on his/her account may take 2 to 3 weeks, depending on bank processes, and that the SELLER cannot be held responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER through mail, e-mail, SMS, telephone calls, and other means using the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form or updated later, for communication, marketing, notifications, and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in such communication activities.
9.10. The BUYER shall inspect the goods/services before accepting delivery; goods/services that are dented, broken, torn, or otherwise damaged or defective shall not be accepted from the courier. Goods/services received shall be deemed to be undamaged and intact. After delivery, the responsibility for careful preservation of the goods/services lies with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security issue related to the card is detected before delivery, the SELLER may request the BUYER to provide identification and contact information, a copy of the previous month’s card statement, or a letter from the cardholder’s bank confirming ownership of the card. The order will be frozen until the requested documents are provided. If the documents are not submitted within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website are true and accurate, and that he/she will immediately, in cash and in full, compensate all damages that the SELLER may suffer due to the falsity of such information.
9.13. The BUYER agrees and undertakes in advance to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities shall rest solely with the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates general morality, disturbs or harasses others, serves illegal purposes, or infringes upon the material and moral rights of others. Furthermore, members cannot engage in activities that prevent or make it difficult for others to use the services (spam, viruses, trojan horses, etc.).
9.15. Links may be provided on the SELLER’s website to other websites and/or content owned and/or operated by third parties not under the SELLER’s control. These links are provided for the convenience of the BUYER and do not constitute any endorsement of the linked website or its operator, nor do they constitute a guarantee regarding the content of the linked website.
9.16. The member who violates one or more of the provisions listed in this agreement shall be personally responsible, both legally and criminally, for such violations and shall hold the SELLER harmless from any legal and criminal consequences. In addition, in case of legal proceedings arising from such violations, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
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RIGHT OF WITHDRAWAL
10.1. The BUYER may exercise the right of withdrawal from the contract, without any legal or penal liability and without giving any reason, by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization indicated by the BUYER, provided that the SELLER is notified. For distance contracts concerning 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 performance of the service has begun with the consumer’s consent before the withdrawal period expires. The costs arising from the use of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that he/she has been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notice must be sent to the SELLER by registered mail with return receipt, fax, or e-mail within 3 (three) days, and the product must not have been used in accordance with the provisions of “Products for Which the Right of Withdrawal Cannot Be Exercised.” In case this right is exercised:
a) The invoice of the product delivered to the BUYER or a third party (for corporate returns, the return must be accompanied by the return invoice issued by the company),
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any.
d) The SELLER shall refund the total price and the documents creating an obligation for the BUYER within 10 days from the date of receipt of the withdrawal notice and shall receive the returned goods within 20 days.
e) If a decrease in the value of the goods occurs or the return becomes impossible due to the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages proportionally. However, the BUYER shall not be held liable for changes and deteriorations arising from proper use of the goods within the withdrawal period.
f) If the use of the right of withdrawal causes the total amount to fall below the campaign limit set by the SELLER, the discount used within the scope of the campaign will be canceled.
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PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared according to the BUYER’s request or personal needs, products that cannot be returned, lower-body underwear, swimwear and bikini bottoms, cosmetic products, disposable items, perishable goods or goods with the risk of expiry, products whose packaging is opened by the BUYER after delivery and which are unsuitable for return due to health and hygiene reasons, products that are mixed with other items after delivery and cannot be separated by nature, periodicals such as newspapers and magazines except those provided under a subscription contract, services performed instantly in an electronic environment, or intangible goods delivered immediately to the consumer, and any audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables whose packaging has been opened by the BUYER cannot be returned pursuant to the Regulation. Also, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s approval before the withdrawal period expires.
Cosmetic and personal care products, underwear, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) can only be returned if their packaging is unopened, untested, undamaged, and unused.
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DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on credit card payments, he/she accepts, declares, and undertakes to pay interest and to be responsible to the bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may pursue legal action and demand related costs and attorney’s fees from the BUYER, and in any event, if the BUYER defaults on payment, the BUYER accepts, declares, and undertakes to compensate the SELLER for damages and losses incurred due to the delayed performance of the debt.
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COMPETENT COURT
In disputes arising from this contract, complaints and objections shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law. The information regarding the monetary limits is as follows:
Effective from 28/05/2014:
a) For disputes under 2,000.00 TL, applications shall be made to district consumer arbitration committees, pursuant to Article 68 of the Law on the Protection of Consumers No. 6502.
b) For disputes under 3,000.00 TL, applications shall be made to provincial consumer arbitration committees.
c) In metropolitan cities, for disputes between 2,000.00 TL and 3,000.00 TL, applications shall be made to provincial consumer arbitration committees.
This Agreement is executed for commercial purposes.
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ENFORCEMENT
When the BUYER completes the payment for the order placed through the Site, it shall be deemed that he/she has accepted all the terms of this Agreement. The SELLER is responsible for making the necessary software arrangements to ensure that the BUYER confirms reading and accepting this Agreement before placing the order.
SELLER: VRIDE Bicycle Inc.
BUYER:
DATE: