DISTANCE SALES AGREEMENT

 

PLEASE read the text of the agreement below, as required by the relevant law, by printing it out in 12-point bold font. In addition, every buyer who shops on our website is deemed to have read and accepted all articles of our sales agreement below without any further notice being required.

ARTICLE 1: PARTIES TO THE AGREEMENT

SELLER: Mizyaz Bilişim Tekn. Ulus. Tic. Ltd. Şti.

ADDRESS: Oruçreis Mah. Giyimkent 20. Sok. No:38-40 Esenler/İstanbul 34235 Türkiye

TEL.: +90 535 624 2754

EMAIL: [email protected]

BUYER: Customer (The Buyer is the person who shops on the Seller's website at www.saphori.com . The address and contact details notified by the buyer in the invoicing and contact information are taken as basis.)

By accepting this agreement, the Buyer accepts in advance that, upon confirming the order under the agreement, they will come under the obligation to pay the order price and any additional charges indicated, such as shipping costs and taxes, and that they have been informed in this respect.

ARTICLE 2: SUBJECT OF THE AGREEMENT:

The subject of this agreement is to determine the rights and obligations of the parties, pursuant to Law No. 6502 (Turkey) on the Protection of Consumers and the Regulation on Distance Contracts, in relation to the sale and delivery of the goods/services which the Buyer ordered electronically from the Saphori.com website belonging to the Seller, which possess the characteristics referred to in the agreement and whose sales price is likewise specified in the agreement.

The Buyer accepts and declares, under the provisions of this agreement, that they are informed about the basic characteristics of the goods/services subject to sale, the sales price, the payment method, the delivery conditions and all other preliminary information regarding the goods/services, and about the right of “withdrawal”; that they confirmed this preliminary information electronically; and that they subsequently ordered the goods/services. Likewise, since the return of products whose protective elements such as packaging, tape or wrapping have been opened after delivery is not suitable in terms of health and hygiene, the right of withdrawal cannot be used for such products in any way. Opening the product packaging falls within the exceptions to the right of withdrawal.

The prices listed and announced on the site are the sales prices. The announced prices remain valid until they are updated or changed. Where a product is announced for a limited period, the announced price is valid until the end of the specified period.

The Buyer accepts and undertakes that the data they entered into the system, both when registering on the site and during shopping, belong to them or that they have permission to use and share them; that they will not enter into the system any data that does not belong to them or that they have no right to use; and that otherwise all responsibility belongs to them. The preliminary information and the invoice on the Saphori payment page are integral parts of this agreement. The moment the order is placed, the Buyer is deemed to have accepted all the terms of this agreement. The prices listed and announced on the site are the sales prices. The announced prices and promises remain valid until they are updated or changed. Prices announced for a limited period are valid until the end of the stated period.

ARTICLE 3: DATE OF THE AGREEMENT, DELIVERY OF THE GOODS/SERVICES, PLACE OF PERFORMANCE AND FORM OF DELIVERY:

This agreement was drawn up on the date the order was placed by the Buyer. The goods/services will be delivered to the Customer at the address to which the buyer has requested delivery. Packages thought to have been damaged during shipment must be opened and checked in the presence of the courier company representative at the time of receipt. If there is any damage to the product, a report must be drawn up with the courier company and the product must not be accepted. If no report is drawn up, the BUYER is deemed, once the product has been received, to have accepted that the courier company performed its duty in full

ARTICLE 4. GENERAL PROVISIONS

4.1. The BUYER accepts that they have read and become informed of the preliminary information on the basic characteristics, sales price and payment method of, and the delivery details for, the products shown on the WEBSITE, and that they have given the confirmation required for the sale electronically.

4.2. The PRODUCT is delivered to the delivery address specified by the BUYER on the WEBSITE, together with its invoice, packaged and intact, within 30 days at the latest,

4.3. If the PRODUCT is to be delivered to a person/organisation other than the BUYER, the SELLER cannot be held responsible if the person/organisation to receive delivery does not accept the delivery.

4.4. The BUYER is responsible for checking the PRODUCT at the moment of receipt and, when they see a problem with the PRODUCT caused by the shipment, for not accepting the PRODUCT and having a report drawn up with the COURIER company representative. Otherwise the SELLER will not accept responsibility.

4.5. The Agreement approved by the BUYER during shopping on the WEBSITE is sufficient and valid in every case.

4.6. Unless otherwise provided in writing by the SELLER, the BUYER must have paid the price in full before receiving the PRODUCT. If the PRODUCT price has not been paid to the SELLER before delivery, the SELLER may unilaterally cancel the agreement and decline to deliver the PRODUCT.

4.7. If, after delivery of the PRODUCT and for any reason, the bank/financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses borne by the BUYER. All other contractual and statutory rights of the SELLER, including pursuit of the PRODUCT price receivable, are additionally and in any case reserved. For the avoidance of doubt: deferred / instalment payment facilities provided by institutions issuing credit cards, instalment cards and the like, such as banks and financing institutions, constitute a credit and/or an instalment payment facility provided directly by the institution concerned; PRODUCT sales realised in this framework, whose price the SELLER has collected in full, are not regarded as instalment sales for the parties to this Agreement — they are cash sales. The SELLER's statutory rights in cases legally deemed instalment sales (including the right to terminate the agreement if any instalment is not paid and/or to demand payment of the entire remaining debt together with default interest) exist and are reserved. In the event of the BUYER's default, default interest at the rate of 5% per month is applied.

4.8. If the PRODUCT cannot be delivered within the 30-day period due to extraordinary circumstances outside normal sales conditions (such as adverse weather, earthquake, flood or fire) and the delay exceeds 10 days, the SELLER informs the BUYER about the delivery. In this case the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation. In order cancellations, if the PRODUCT price has been collected, it is refunded to the BUYER within 10 days of the cancellation. In credit card payments, the refund is likewise made to the BUYER's credit card or to the BUYER's bank account.

4.9. The BUYER may notify the SELLER of requests and complaints regarding the PRODUCT and the sale via the SELLER contact channels in the introductory part of the Agreement.

4.10. For delivery of the product under the agreement, the product price must have been paid using the payment method preferred by the BUYER. If for any reason the product price is not paid or is cancelled in the bank records, the SELLER is deemed released from the obligation to deliver the product.

4.11. The SELLER has the right to reach the BUYER for communication, notification and other purposes by letter, e-mail, SMS, telephone call and other means via the address, e-mail address, fixed and mobile telephone lines and other contact details stated by the BUYER in the site registration form or later updated by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the communication activities mentioned above directed at them. The BUYER's rights under the Privacy Notice and the Privacy Policy on the Site are reserved.

4.12. The BUYER accepts and undertakes from the outset to comply with the provisions of the applicable legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that arise will be borne entirely and exclusively by the BUYER.

ARTICLE 5: RIGHT OF WITHDRAWAL

You may return the order that reaches you, without opening the SELLER's product box on it in any way, within 14 days, subject to customer services approval. After your order reaches our returns warehouse it is inspected, and once it is confirmed as unopened your refund is made to your bank.

Before accepting packages you believe were damaged during shipment, open and check them in the presence of the courier company representative. If there is any damage to the product, have a report drawn up with the courier company and do not accept the product. Remember that if you do not have a report drawn up, once the product has been received you are deemed to have accepted that the courier company performed its duty in full.

Where any deterioration, breakage, destruction, tearing, use or similar condition is found in the product, and where the product is not returned in the condition it was in when delivered to the customer, the product is not accepted for return and its price is not refunded.

If you return the product, your return will be finalised within seven (7) business days from the moment the product reaches the company.

After the return is approved, credit card refunds will be made within 5 business days. Your bank may not reflect credit card refunds to your account within the same statement period. In that case you will need to call your bank's credit card service.

ARTICLE 6: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY

The information specified by the BUYER in this Agreement and the information the BUYER notified to the SELLER for the purpose of making payment will not be shared by the SELLER with third parties other than the courier company with which it has an agreement. Where the SELLER is compelled to disclose such information within the framework of administrative or legal obligations, the BUYER shall not hold the SELLER liable. The SELLER declares that, for the purpose of the establishment and performance of this Agreement, it will duly process the personal data of the BUYER, as a party to the Agreement, within the framework of its primary and secondary obligations arising from Law No. 6698 (Turkey); that it will ensure data security aimed at preventing the unlawful processing of, access to and disclosure of the personal data it has obtained about the BUYER and at ensuring their preservation; and that adequate technical and administrative measures have been taken in this respect. The SELLER will also, observing the periods prescribed in other laws, delete, destroy or anonymise data whose processing purpose has ceased to exist. By approving this Agreement, the BUYER accepts, declares and undertakes that they have been informed, within the scope of the Privacy Notice, about the processing of personal data by the SELLER in accordance with Law No. 6698 (Turkey).

ARTICLE 7: EVIDENCE AGREEMENT, COMPETENT COURT AND ENTRY INTO FORCE

In the resolution of any dispute that may arise from this Agreement and/or its implementation, the SELLER's records (including records in magnetic media such as computer and voice recordings) constitute conclusive evidence; the Consumer Arbitration Committees are competent up to the value announced by the Ministry of Science, Industry and Technology, and in cases exceeding that value the ISTANBUL ANADOLU Consumer Courts and Enforcement Offices are competent.

The BUYER declares, accepts and undertakes that they have read all the terms and explanations written in this agreement and in the order form which forms its integral part, that they have received and examined the sales conditions and all other preliminary information, and that they accept them in full.

When the BUYER completes the payment for the order placed via the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation, before the order is completed, that this agreement has been read and accepted by the BUYER on the site