Ebruart - DISTANCE SALES AGREEMENT PRE-INFORMATION
You are required to conclude a Distance Sales Agreement ("Agreement") for the order you are placing on our e-commerce website ebruart.com.tr. Our contact information is as follows:
Address
Yıldızevler mahallesi 724 Cad. No:14 İç Kapı No: 3 Çankaya Ankara
Phone
Fax
Email Address
Trade Registry Number
Henceforth referred to as the INTERNET SITE, the technical stages-steps regarding the purchase of goods/services ("Product/Products") from Our Site by you, our valued BUYER (including those made through applications on your mobile device), and thus the conclusion of the order-Agreement, as well as the technical tools related to the identification and correction of errors during your information entry are specified on the relevant pages during your transactions so far (allowing you to proceed in accordance with the warning messages that appear). If there is an error in a data (information) entry related to your order on the INTERNET SITE, it is possible to correct and continue the operation in accordance with the relevant warning message, and you can similarly eliminate errors that may occur while entering your payment information. For information entry errors you notice after the completion of the payment process, you can contact our Customer Service at +90 544 888 99 00.
If the cargo company that will make the delivery does not have a branch in your location, you must take delivery of the Product from another nearby branch that we will notify you of.
When the BUYER approves the Agreement, the price and expenses of the Product(s) ordered, as specified on this page, will be collected through the payment method of their choice.
The BUYER has the right to withdraw from the order-Agreement within fourteen (14) days from the date of receipt of the Product without providing any reason and without paying a penalty.
However, according to law, there is no right of withdrawal in certain contracts concerning specific goods/services, even if they are unused/not utilized. You can see the goods and services in question marked (*) below.
In cases where there is a statutory right of withdrawal, changes and damage that occur due to the product not being used in accordance with its operation, technical specifications, and usage instructions during the withdrawal period are the BUYER's responsibility under the law, and as a result, the BUYER may lose the right of withdrawal regarding the Product, or if we provisionally accept it, we have the right to make a reduction from the Product price equal to the change/damage.
In case of withdrawal, the relevant Product must be returned within a maximum of ten (10) days; our partner cargo companies (which delivered the Product to the BUYER or from another nearby branch) can send it to us free of charge.
Clear notification regarding withdrawal can be made to our contact addresses above through methods such as letter, email, and telephone. Upon exercise of this right, in addition to the aforementioned notification, a copy of the cargo delivery document proving the Product was sent to us, the return of the original invoice/bill (in accordance with tax regulations), the issuance of a return invoice for Products returned in the name of corporations, and the return of the Product to be returned along with its box, packaging, and standard accessories, if any, complete and undamaged is required.
In cases where the statutory right of withdrawal is not provided for, the right of withdrawal cannot be benefited from, and if this right is not exercised properly or in a timely manner, the BUYER loses the right of withdrawal.
Provided that the BUYER fulfills the requirements specified above within the deadline and in the proper manner, within 14 days from the date the withdrawal notification reaches our Company, the Product price and, if any, the Product delivery expenses will be refunded to the BUYER in a manner appropriate to the payment method used when purchasing the Product. However, in cases where the right of withdrawal is exercised for all products subject to the order or in cases where it is exercised for some of them (which the BUYER has benefited from), if our Company's free shipping (delivery) campaign and/or discount campaign (free, in other words receiving a gift product is also in this sense, such as buy 3 get 2) falls below the minimum amount, the uncharacterized delivery-cargo fees and discount amounts within the scope of the relevant campaign (as well as the price of the free product) will be deducted from the amount to be refunded to the BUYER and collected from the BUYER (If delivery-cargo fees have been collected, their fees will be refunded without offset); If the BUYER has gained any (virtual/physical) gift voucher, etc. as a result of their purchase, all will be canceled, and if they have used any (virtual/physical) gift voucher, etc., the full amount will be deducted from the amount to be refunded and collected back.
These provisions shall apply equally in cases where the right of withdrawal is exercised, as well as in all other cases where product return occurs excluding defective products. Our Company, in cases of withdrawal in accordance with law and other order-Agreement cancellations, has the right to collect and offset all types of reward points, etc. used in the INTERNET SITE by the BUYER and/or in payment of the Product price, and contractual and statutory rights-obligations including valid collection-offset rights are additionally in existence and reserved.
(*) Goods and services for which the statutory right of withdrawal cannot be exercised: a) Goods prepared according to the BUYER's special requests or their personal needs (including those with modifications/additions made to be personal/specific to personal needs, special Products imported/obtained from domestic or foreign sources at the BUYER's request) b) Perishable goods or goods that may expire such as cosmetics, etc. and chocolate, etc. food products c) Again cosmetics, swimsuits, underwear, etc., goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery and whose return is not appropriate for health-hygiene reasons d) Goods that mix with other products after delivery and by their nature cannot be separated e) Books, CDs, DVDs, audio and video recordings, software, etc. digital content products with protective elements such as packaging, tape, seal, and package opened, and computer consumables; vi) All services performed instantaneously in electronic form and all intangible goods delivered instantaneously to the BUYER f) Goods or services whose prices fluctuate depending on fluctuations in financial markets and are beyond the control of the seller or service provider g) Periodic publications such as newspapers and magazines, except those provided under subscription agreements h) Services for accommodation, goods transportation, car rental, food-beverage supply, entertainment or rest purposes to be carried out on a specific date or period i) Services whose performance is initiated during the withdrawal period with BUYER consent and j) Other goods-services generally considered outside the scope of distance sales according to relevant legislation and cases where the BUYER makes purchases for commercial/professional purposes.
Regarding transaction security, protection of information, confidentiality, processing-use of information, and commercial electronic communications on the INTERNET SITE, the current rules-conditions applicable to our Company and the BUYER are presented below for your information. The BUYER can contact our Company at any time through the communication methods specified regarding these matters for consultation.
Our Company is a member of Istanbul Chamber of Commerce (ITO), the electronic communication information where you can obtain the Chamber's professional conduct rules is as follows: (www.ito.org.tr, Phone: 444 0 486).
After you approve and accept the Agreement on the INTERNET SITE with the information specified above and below, we will send all of these to the email address you specified along with your order confirmation, so you can save and keep them on your device and access them at any time, and they will be maintained in our systems under applicable laws for a maximum of three years.
SELLER
Company Name
Ebruart
Trade Registry Number
Address:
Yıldızevler mahallesi 724 Cad. No:14 İç Kapı No: 3 Çankaya Ankara
Phone
Email Address
Bank Account:
Bank Accounts
Finans Bank
TR28 0011 1000 0000 0067 2978 28
BUYER (CONSUMER)
Name-Surname / Company Name
Address:
Phone:
ORDER-AGREEMENT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY CONDITIONS
The Type and Kind of Products (goods/services), Quantity, Brand/Model/Color, Unit Price(s), Sales Price along with Payment (Collection) Information and Delivery Information including the delivery location reported by the BUYER are as follows. If the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must take delivery from another nearby branch that will be notified by the SELLER (The BUYER will be provided with the necessary information regarding this matter via email/SMS or telephone). Other rules regarding delivery are specified below.
PRODUCT
UNIT PRICE QUANTITY TOTAL (TL)
xxx Pillow / xxx / xxx 1
Order processing and shipping-cargo fees
ORDER PAYMENT TOTAL (VAT included)
Payment (Collection) Information
Payment Method-Instrument: Bank name information / Single Payment / xx,xx TL
Delivery Information:
Name, Surname/Company Name:
Address:
Phone: (xxx) xxx xx xx - (xxx) xxx xx xx
Email:
Invoice Information:
Name, Surname/Company Name:
Address:
Phone: (xxx) xxx xx xx - (xxx) xxx xx xx
Email:
The Product subject to the order will be delivered to the BUYER/to a third party/organization at the above-mentioned address reported by the BUYER within the legal 30-day period, under the terms specified below.
The SELLER sends and delivers the Products through a partner cargo company. If this cargo company does not have a branch in the BUYER's location, the BUYER must take delivery of the Product from another nearby branch notified by the SELLER to the cargo company.
Products in stock will be handed over to cargo within a maximum of three (3) business days from the order date. However, if there are campaigned Products in the same order, the end of the campaign is waited for and afterwards within a maximum of 3 (three) business days, all Products subject to the order will be handed over to the cargo company for delivery to the person and address specified by the CONSUMER at the time of ordering. Cargo companies normally deliver shipments received from the SELLER to BUYERs within an average of 2 (two) business days, depending on the distance.
Generally and unless otherwise explicitly stated, delivery expenses (cargo fees, etc.) are borne by the BUYER. The SELLER, depending on the campaigns it conducts at the time of sale and whose conditions it announces on the INTERNET SITE, may not charge all or part of the mentioned delivery expenses to the BUYER.
In the event that the BUYER is not physically present at their address at the time of delivery of the Products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled their obligation in this regard. In case there is no one to accept the delivery at the address, it is the BUYER's responsibility to contact the cargo company and ensure the follow-up and provision of product shipments. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for that person/organization not being at the address or refusing delivery. In these cases, the BUYER is responsible for all types of damage resulting from late receipt of the Product and the expenses arising from the Product waiting at the cargo company and/or the cargo being returned to the SELLER.
Every person who will receive the Product is responsible for inspecting it at the moment of receipt and, if they see a problem arising from cargo regarding the Product, refusing to accept the Product and having the cargo company official prepare a report. Otherwise, the SELLER will not accept any liability.
The BUYER must have completely paid the sales price including expenses before receiving the Product. If the Product price is not completely paid to the SELLER before delivery in cash sales, or if the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product.
After delivery of the Product, if for any reason the Bank/financing institution to which the credit card used for the transaction belongs does not pay the Product price to the SELLER or requests the return of the amount paid, the Product must be returned to the SELLER by the BUYER within a maximum of 3 days. If the non-payment of the Product price arises from an unauthorized instruction to the Bank by the BUYER or a dispute or a fault or negligence of the BUYER, the shipping expenses will be borne by the BUYER. Taking into account the products for which the SELLER has no return obligation, in addition to accepting the return, the SELLER retains and preserves the right to pursue collection of the product price along with all other contractual-legal rights.
To avoid any ambiguity; when the BUYER pays the sales price with credit cards, installment cards, etc. obtained from banks (including financing institutions), all possibilities recognized by these cards are credit and/or installment payment facilities directly provided by the issuing institution; Product sales realized within this framework and for which the SELLER has collected the price in full or in installments are not credit or installment sales under this Agreement between the parties to the Agreement, but cash sales. The SELLER's statutory rights in cases considered as installment sales under the law (including the right to terminate the contract in case of non-payment of installments and/or claim payment of the remaining debt together with default interest) exist and are reserved within the framework of relevant legislation. In the event of the BUYER's default, monthly default interest is applied as provided by applicable laws.
The legal maximum period of 30 days for delivery of the Product to the BUYER is timely delivery. If delivery cannot be made within the legal maximum 30-day period due to extraordinary circumstances other than normal sales/delivery conditions (adverse weather, heavy traffic, earthquakes, floods, fires, etc.), the SELLER will notify the BUYER through their available contact information regarding delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary situation ends.
If it becomes apparent that the SELLER cannot provide the Product subject to the Agreement, the SELLER may, upon informing the BUYER clearly within three (3) days from the date of learning of this situation through the same means and with the written/verbal consent of the BUYER, procure another good/service of equal quality-price and thus fulfill the obligation under the Agreement. The BUYER is completely free in whether or not to give such consent, and if no consent is given, the contractual-legal provisions regarding order cancellation (Contract termination) apply.
RULES REGARDING SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL-INDUSTRIAL RIGHTS
The privacy rules-policy and conditions specified below with current principles apply to the protection of information, confidentiality, processing-use of information, and communications and other matters on the INTERNET SITE.
The necessary measures for the security of information and transactions entered by the BUYER on the INTERNET SITE are taken by the SELLER within its own system infrastructure, according to the nature of the information and transaction, to the extent of current technical capabilities. However, since the said information is entered from the BUYER's device, the responsibility for protecting them on the BUYER's side and preventing access by unrelated persons, including those related to viruses and similar harmful applications, lies with the BUYER.
In addition to and in confirmation of permissions-consents for personal data and commercial electronic communications given by the BUYER in other ways; information obtained during the BUYER's membership and purchases on the INTERNET SITE may be recorded by the SELLER, the xx A.Ş. to which it belongs, its current and future subsidiaries, affiliated companies, partners, successors, and/or third parties/organizations to be designated by them for the provision of various products/services and all types of information, communication, advertising-promotion, promotion, sales, marketing, store card, credit card, and membership applications electronic and other commercial-social communications, for indefinite periods or for periods they will determine, recorded, stored in paper/magnetic archives, updated if deemed necessary, shared, transferred, transferred, used and otherwise processed. This data may also be communicated to relevant Authorities and Courts where legally required. The BUYER consents and authorizes the use, sharing, processing of their current and new information, whether personal or not, in the scope described above, in accordance with applicable legislation on personal data protection and e-commerce, and that commercial and non-commercial electronic communications and other communications be made to them.
The BUYER can contact the SELLER through the specified communication channels to stop data use-processing and/or stop communications at any time by using the right of refusal through the communications sent to them or by contacting as specified. According to the BUYER's clear notification in this regard, personal data processing and/or communications to them will be stopped within the legal maximum period; in addition, if wished, information other than those legally required to be maintained and/or possible will be deleted from the data recording system or anonymized so that identity cannot be determined. If the BUYER wishes, regarding the processing of personal data, operations, persons to whom it is transferred, correction if incomplete or incorrect, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against them by being analyzed through automated systems, compensation if data is damaged due to unlawful processing, the BUYER can apply to and obtain information from the SELLER at any time. Requests and applications in this regard will be fulfilled within legal maximum periods or may be rejected by explaining the legal reason to the applicant.
Regarding all information and content of the INTERNET SITE and their arrangement, revision, and partial/complete use; except for those belonging to third parties according to the SELLER's agreement; all intellectual-industrial rights and ownership rights belong to the SELLER and xxx.
The SELLER reserves the right to make any changes it deems necessary and as required by law on the above matters; these changes become effective from the moment they are announced by the SELLER through the INTERNET SITE or other appropriate methods.
Other sites accessed from the INTERNET SITE have their own privacy-security policies and terms of use, and the SELLER is not responsible for possible disputes and negative results.
OTHER MATTERS
In order cancellations including those in accordance with the Agreement and law, and Contract terminations, if the Product price has been collected, it will be refunded to the BUYER within a maximum of 14 days in a manner appropriate to the method by which the Product price was paid. For example, in credit card payments, the refund process is also made to the BUYER's credit card, and the Product amount is returned to the relevant bank within the same period following the BUYER's cancellation of the order; since the process of returning this amount to the bank is carried out by the SELLER, then the reflection into the BUYER's accounts is entirely related to the bank's transaction process, therefore the SELLER is in no way responsible for any delays resulting from reasons beyond this initiative (bank refund processes to BUYER accounts typically can take up to three weeks).
The SELLER has and retains the right to offset, discount, and reduction for the amount to be refunded to the BUYER arising from the Agreement and law. The BUYER's statutory rights regarding cases where the Contract is terminated by the BUYER due to the SELLER's failure to perform its obligation also exist and are valid.
The BUYER may notify the SELLER of requests and complaints regarding the Product and sale through the communication channels mentioned above, either verbally or in writing. As the SELLER, we are pleased to address the justified requests-complaints and all types of applications from our BUYER customers. If it is not possible to resolve it in this way, the BUYER may, if desired, apply to the Provincial and District BUYER Arbitration Boards in the settlement of the BUYER or the SELLER (in the place where they reside) within the monetary limits determined and announced annually by the Ministry of Customs and Trade, and to BUYER Courts in cases exceeding these limits.
With the BUYER's approval, the BUYER has been informed through these Pre-Information notifications which will constitute an integral part of the Distance Sales Agreement, regarding all matters including the basic characteristics-qualities of the Products subject to sale, sales price, payment method, delivery procedures, and right of withdrawal as well as personal information and electronic communications.
All explanations and information in this Order-Agreement Pre-Information are effective as of the moment the BUYER approves them on the INTERNET SITE, and upon acceptance, they will be bindingly applied between the SELLER and the BUYER (BUYER) together with the Distance Sales Agreement.