DISTANCE SALES CONTRACT
ARTICLE 1. PARTIES OF THE CONTRACT
INFORMATION ON SELLER :
NAME : Hilal Adalı Tomologo Deri Ürünleri
ADDRESS : Aksungur Mh. Uzakbahçeler Cad. No45 Osmangazi / Bursa Türkiye
TELEPHONE : (+90)
E-MAIL : contact@tomologo-official.com
TAX OFFICE : Çekirge
TAX NUMBER : 53020698788
INFORMATION ON BUYER:
FULL NAME :
ADDRESS :
TELEPHONE :
E-MAIL :
ARTICLE 2. SUBJECT AND SCOPE OF THE CONTRACT
This Distance Sales Contract (“Contract”) was drawn up in accordance with Consumer Protection Law (“Law”) number 6502 and the Regulation on the Implementation Principles and Procedures of Distance Contracts (“Regulation”). The parties of this contract shall agree and declare being informed and having understood the obligations and responsibilities as per the referred Law and Regulation.
This contract covers the rights and obligations of the “Buyer” in accordance with the Consumer Protection Law (“Law”) number 6502 and the Regulation on the Implementation Principles and Procedures of Distance Contracts (“Regulation”) on online purchase and the delivery of the products or services referred in the “Contract” through the “Seller’s” online “website” with domain name www.tomologo-official.com .
The Buyer shall accept and declare as per this contract being informed on all the necessary pre-acquisition information such as the main qualifications of the products/services subject to this contract, their prices, payment methods, delivery conditions etc and the “right of withdrawal” and having ordered the products/services after confirming the pre-acquisition notification form through the website. The pre-acquisition notification form and the clarification text and the invoice that are on the payment page of www.tomologo-official.com are an integral part of this contract.
ARTICLE 3 – DELIVERY OF THE PRODUCT OR SERVICE, PLACE OF ISSUE AND SUBMISSION OF THE CONTRACT
The product/service subject to this contract shall be delivered on condition not to exceed 30 days legal period via the agreed delivery company to the address of the Buyer or to the address of a person or company requested by the Buyer, within the stated delivery time depending on the location of the Buyer as per declared on the pre-acquisition notification form on the website.
The “forecasted delivery date” displayed on the website is a forecast and shall not be considered as a commitment. These products will be delivered within 30 days at the latest to the Buyer as per indicated in the regulation. The Seller shall not be held responsible for the loss or expenses born in case of late delivery or lack of delivery of the product due to the Buyer being absent on the delivery moment.
ARTICLE 4 – THE INVOICE
Delivery of the invoice: The invoice of the product/service will be delivered to the delivery address with the product/service.
ARTICLE 5- DELIVERY COST AND DELIVERY
Unless otherwise stated, the delivery cost shall belong to the Buyer. In cases where the Seller announces on the website that the delivery cost will be covered by the Seller above a certain level of shopping or within a commercial campaign then the delivery cost shall belong to the seller.
The delivery shall be made on condition that there is available stock, as soon as the cost of the product is received on the Seller’s bank account. The Seller shall deliver the product/service within 30 (thirty) days after the order date and shall hold the right to extend with an additional 10 (ten) days on condition to inform the Buyer in writing.
If, for any reason the product/service cost is not received, the Seller shall be freed from its obligation to deliver the product.
ARTICLE 6 – RIGHTS AND OBLIGATIONS OF THE BUYER
The Buyer shall check and control the product/service subject to this contract before accepting the delivery and shall not accept the product/service in case the packaging or the product is damaged or used. The Buyer shall accept that the delivered product/service is not damaged and in good condition. In case the Buyer wishes to use his/her right of withdrawal after the delivery, the Buyer shall accept not to use the product and to protect it carefully to keep its unused condition. For the delivery of the product subject to this contract, the Buyer shall agree and declare to confirm this contract online and that the Seller shall be freed of its obligation to deliver the product subject to this contract in case for any reason the cost of the product is not received or cancelled by the financial institutions.
The Buyer shall agree and declare that the Seller has no obligations in cases where for any reason the financial institution and/or bank sends an error payment code but realises the payment to the Seller.
In case where after the delivery of the product, the bank or the financial institution shall not realise the payment because the Buyer’s credit card is being used illegally by unauthorized persons without the permission of the Buyer, the Buyer shall accept to transfer the cost of the product within 3 (days) to the Seller on the condition that he/she received the product. In this case the delivery cost shall belong to the Buyer.
ARTICLE 7 – RIGHTS AND OBLIGATIONS OF THE SELLER
The seller shall be responsible for delivering the product/service subject to this contract in good condition, unused, without any missing parts, as indicated on the order and -if applicable- with its warranty certificate and user manual. In case the product/service is to be delivered to another person/company other than the Buyer, the Seller shall not be held responsible for that person/company not accepting the delivery.
The Seller may supply another product with equal qualifications and price on condition to inform the Buyer and with his/her consent before the payment obligation period stated in this contract. In case it is impossible to supply the product/service subject to this contract and on condition that the Seller informs the Buyer within 3 (three) days after having learned this information, the Buyer shall be in the obligation of returning the cost of the product/service with the delivery cost if applicable within 10 (ten) days after the notification date. In cases where the Seller returns the cost of the product paid by a credit card, the Buyer shall accept and declare that the bank may take 2 (two) to 3 (three) weeks to transfer the amount returned and that the Seller may not be held responsible for possible delays after realising the return to the bank.
In cases where the name on the credit card and the Buyer’s name used on the order do not match or where any security flaw is detected on the payment, the Seller may ask from the Buyer to provide identity and contact information of the credit card holder, the credit card receipt of the previous month or a declaration form from the card holder’s bank stating that the card belongs to the Buyer.
The Buyer’s order shall be paused until the requested documents or information is provided by the Buyer, in case the Seller’s requests are not provided within 24 (twenty four) hours, the Seller shall keep the right to cancel the order.
ARTICLE 8 – THE QUALIFICATIONS OF THE PRODUCT/SERVICE SUBJECT TO THIS CONTRACT
The qualifications, quantity, brand/model, type, color and the selling price including the VAT is as stated on the product/service pages on the website www.tomologo-official.com and on the invoice that shall be considered as an integral part of this contract.
The listed and announced prices on the website shall be the selling prices. The announced prices and information shall be valid until updated or changed. The prices announced with a time limit shall be valid until the end of the time announced.
The selling price (VAT included) of the product or service subject to this contract is as indicated below:
Product description Quantity Total Price (VAT included)
–
–
Delivery address:
Delivery name:
Invoice address:
ARTICLE 9 – PRODUCT/SERVICE SELLING PRICE
The product/service price shall be as indicated on the order form and may also be found on the invoice sent via email after the order and on the invoice sent with the product. Sales reductions, coupons, delivery cost and similar applications shall be reflected in the selling price.
ARTICLE 10 – PAYMENT PLAN
In case the Buyer shall choose to buy with credit card and installment payment, the installment type displayed on the website is applied. In case of installment payment, the clauses of the contract signed between the Buyer and the financial institution shall be applied. The credit card payment date shall be defined in the contract signed between the Buyer and the bank. The Buyer may follow the number and amount of installments through the bank receipt sent by his/her bank.
ARTICLE 11 – RIGHT TO WITHDRAW
The Seller shall accept and declare that the Buyer shall have the right to withdraw from the contract within 14 (fourteen) days after receiving the product/service by refusing the product/service without taking any legal or penalty responsibilities and without any obligations to show any reason. The Seller shall accept to take the product back after receiving the notification of withdrawal.
To use the right to withdraw, the Buyer shall inform the Seller within the legal period through the contact information on www.tomologo-official.com and as per the pre-acquisition form displayed on www.tomologo-official.com it’s a must that the product shall not be damaged or used.
In case the right to withdraw is used;
- a) The Buyer shall send the product back to the Seller via agreed delivery company within 7 (seven) days after the withdrawal right is used.
- b) The product subject to the right to withdraw shall be returned in unused and good condition with its packaging, accessories, and any gifts granted with the product.
- c) The Buyer shall return to the Seller the original invoice delivered to the Buyer with the product.
The Seller shall return the cost of the product/service in subject with the same payment method within 14 (fourteen) days of the use of right to withdraw. In case the Buyer shall use installment payment, the bank may return the amount in installment.
The return delivery cost shall be paid by the Seller only for domestic orders on the condition that the Buyer shall use the agreed delivery company stated on the pre-acquisition notification form on the website and this within the legal stated period.
In case the Buyer shall choose to use any other delivery company or methods than indicated in the pre-acquisition form, the Seller shall not be held responsible for the delivery cost and any damage on the product during the delivery period.
ARTICLE 12 – PRODUCTS/SERVICES EXCLUDED FROM THE RIGHT TO WITHDRAW
The right to withdraw shall not apply on products that are qualified as so because of their nature, products that spoil quickly and expired products/services, one time use products/services, hygen products/services, programs and software that can be copied.
For products such as software and programs, medias (dvd, cd etc), computer and stationery products (tonners, cartouche etc), cosmetics and products that need to keep their packaging as per their qualifications, the packaging shall not be opened, torn or damaged in order to use the right to withdraw.
ARTICLE 13 – DEFAULT AND LEGAL CONSEQUENCES
In case the Buyer shall be in default on the products bought with credit card, the card holder shall pay interest and shall be held responsible to the bank as per the contract signed between the card holder and the bank. In this case, the bank may seek legal actions and request the expenses and solicitor’s fee from the Buyer. The Buyer shall agree to compensate the Seller’s loss in any case of default due to the Buyer’s debt to the bank.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
By accepting this contract the Buyer shall be considered as having read and accepted the General Clarification Text and Privacy and Cookie Policy Text drawn up as an integral part of this contract and displayed by the Seller identified as the data owner by the Personal Data Protection Law number 6698.
The parties shall agree to use any type of personal data identified as Personal Data or Sensitive Personal Data by the Personal Data Protection Law number 6698 only to draw up and execute this contract. The Seller shall agree and declare to respect the conditions of use of the personal data or sensitive personal data transferred to itself by the Buyer within the scope of this contract.
By accepting this contract, the Buyer shall agree that the Seller’s clarification obligation is covered as the Pre-acquisition Notification Form and Clarification Text are integral parts of this contract.
Information such as name, surname, e-mail address, identity number, demographic data, financial data that are considered as personal data by the Personal Data Protection Law number 6698 may be saved for a defined or undefined period, kept in physical/digital archives, used, updated, shared, transferred and processed on similar forms by TOMOLOGO/its subsidiary and third party person and/or corporations in order to take order, to provide service and products and – in condition of pre-validation of the Buyer – to realise marketing activities on products and services, to update the Buyer’s information, to manage and proceed to membership programs, to draw up distance sales contract and similar contracts between the Seller and the Buyer and to be able to provide technical, logistics and similar services by third parties.
In accordance with the current regulations the buyer may receive any kind of advertising, promotion, marketing communications, information on products and services with the aim of sales and marketing, SMS, notifications, automatic calls, e-mail, phone call, fax and other digital contact forms. The Buyer shall agree to receive commercial digital messages.
The Seller shall take the necessary precautions and measures on its system infrastructure within the limits of available technologies according to the information and transaction type to protect the security of the information and transactions entered by the Buyer to the system. However, as the data is entered to the system via the Buyer’s device, the Buyer shall have the obligation to take necessary precautions and measures to prevent unrelated persons from accessing his/her data including protection against virus and other harmful applications.
The Buyer may request from the Seller at any time to stop data usage and/or processing by contacting the Seller on the declared contact information. After the Buyer’s open request on this issue, the Seller shall stop using and processing the Buyer’s personal data and communication campaigns within maximum legal period, and if requested by the Buyer the Seller shall delete his/her personal data – other than possible legally or requested to be kept legally- from its data registry system or make the data anonym.
The Buyer may object his/her personal data to be processed, the parties his/her data is transferred to. the Buyer may request his/her data to be corrected or updated in case of an error, to be transferred to third parties, to be deleted or eliminated. The Buyer may also object to a condition that occured against him/her because his/her personal data is analysed by automatic systems. The Buyer may always contact and request information from the Seller on issues such as to request recovery of the potential damage caused by the illegal use of his/her personal data . The Seller shall return to the Buyer after analysing his/her requests within the legal requested time.
The Buyer shall accept and declare having no legal, administrative, penalty or financial demands on all the personal data transferred to the Seller with this contract. The parties shall agree and declare that in case a compensation demand or any legal obligations born out of a damage created by a breach on the personal data of the Buyer and third parties, the responsibility shall be on the faulty or negligent party; the Buyer and Seller shall accept to compensate any damage within this context in accordance with the ratio of their fault or negligence.
The personal data processed within the scope of this contract shall not be transferred to any third parties that are not cited in nor covered by the Pre-acquisition Notification Form or used on any activities other than company activities or transactions necessary for the realization of the activities stated in this contract by the parties.
As per the law number 6698, according regulation and administrative and technical precautions defined by the Personal Data Protection Agency to protect the personal data processed in order to draw up and execute this contract; the parties shall have the obligation to take all safety precautions and measures, respect privacy conditions and to notify the other party in accordance with the law within the legal period in case of any data breach.
By accepting this contract online, the Buyer shall be considered having read the APPLICATION FORM displayed on the company website in order to use his/her rights within the law number 6698. The Buyer shall complete and send the application form to the Seller to be able to use his/her legal rights stated in the form.
ARTICLE 15- NOTIFICATIONS AND EVIDENTIAL CONTRACT
Other than compulsory situations cited in the regulation, all kinds of correspondence between the parties within the scope of this contract shall be made via email. The Buyer shall accept and declare that in case of any dispute within the scope of this contract, the Seller’s official and commercial registry, the Buyer’s computer registry and digital information kept on the Buyer’s database and/or server shall be considered absolute and exclusive evidence. The Buyer shall agree that this article shall have evidential value within the scope of Civil Procedure Code, article 193.
ARTICLE 16 – GOVERNING JURISDICTION FOR THE SETTLEMENT OF DISPUTE
In case of dispute within this contract; the dispute shall be settled by the Consumer Arbitration Committee up to the level stated by the Ministry of Commerce and Industry, above this level, the dispute shall be settled by Consumer Courts and by Civil Courts for General Jurisdiction in case of lack of Consumer Courts.
ARTICLE 17- THE CLOSING
This contract contains 17 (seventeen) articles and shall take effect upon the online validation of the Buyer on the order date. One copy of this contract shall be stored in the Buyer’s member account and another copy will be sent to the buyer via email if requested.