1. PARTIES
This Agreement has been signed between the following parties under the
following terms and conditions.
A. ‘BUYER ’; (hereinafter referred to as “BUYER ” on the contract)
B. ‘MADAR İNŞAAT TURİZM TEKNOLOJİ İÇ VE DIŞ TİCARET Limited Şirketi;
(hereinafter referred to as “SELLER” on the contract)
NAME SURNAME: MADAR İNŞAAT TURİZM TEKNOLOJİ İÇ VE DIŞ TİCARET Limited
Şirketi (www.fiynda.com)
ADDRESS: Ikitelli OSB MAH. Giyim sanatkarlari iş ve ticaret merkezi 3. Ada
c blok no: 622 Ikitelli OSB / Başakşehir
By accepting this contract, the BUYER agrees in advance that the contractor will be
liable to pay the additional charges specified in the contract, such as the
price of the order and the shipping charge, tax if the order is approved.
2. DEFINITIONS
In the application and interpretation of this contract, they shall express
written explanations satisfying the following terms.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014 / 29188)
SERVICE: The issue of any kind of consumer transaction outside the provision of
goods made or undertaken against a fee or benefit,
SELLER: A company that offers goods or services on behalf of or on behalf of
the seller of goods within the context of its commercial or professional activities,
BUYER : Real or legal person who acquires, uses or makes use of a good or
service for commercial or non-professional purposes,
SITE: SELLER’s website,
ORDER: Real or legal person who requests a goods or service through the website
of SELLER,
PARTIES: SELLER AND BUYER ,
CONTRACT: This contract between the SELLER and the BUYER ,
SERVICE: Tours, Transfer and other services
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in
accordance with the provisions of the Law on the Protection of Consumer No 6502
and Regulation on Distance Contracts related to the sale and delivery of the
products specified in the following qualifications and sales price, which the BUYER
has ordered in electronic environment
through the SELLER website.
The prices listed and announced on the site are the selling price. The
advertised prices and promises are valid until updated and modified. The prices
announced on a regular basis are valid until the end of the specified period.
4. SELLER INFORMATION
Title : MADAR İNŞAAT TURİZM TEKNOLOJİ İÇ VE DIŞ TİCARET Limited Şirketi
Address : Ikitelli OSB MAH. Giyim sanatkarlari iş ve ticaret merkezi 3. Ada c
blok no: 622 Ikitelli OSB / Başakşehir
Telephone : 00905375457792
Fax
Email : info@fiynda.com
5. BUYER INFORMATION
Delivery person
Delivery address
Telephone
Fax
Email / username
6. ORDER PERSON INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
7. CONTRACT SITUATION SERVICE/SERVICES INFORMATION
1. Basic properties of the product / product / service are published in
SELLER’s website. If the campaign has been edited by the seller, you can review
the basic properties of the relevant product during the campaign. It is valid
until the campaign date.
7.2. The prices listed and announced on the site are the selling price. The
advertised prices and promises are valid until updated and modified. The prices
announced on a regular basis are valid until the end of the specified period.
7.3. The selling price of the contractual goods or service including all taxes
is shown below.
Product Description Forward Price Four Total
(VAT included)
Cargo Amount (Email Delivery)
Total:
Payment Scheme and Plan
Delivery address
Delivery person
Billing address
Order date
Delivery date
Delivery method
7.4. The shipping cost determined by the buyer's country and the wight
and size of the package.
8. INVOICE INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery: Invoice with order to invoice address during delivery of
order
It will be delivered.
9. GENERAL PROVISIONS
9.1. BUYER , SELLER ‘s web site in the contract for the basic
characteristics of the product, sales price and payment method and the
preliminary information about the delivery, reading, information is provided,
electronic environment, the necessary confirmation is acknowledged, promises
and undertakes. The BUYER ; Declares and undertakes to confirm the Preliminary
Information in electronic form and prior to the establishment of the distance
sales contract, the address to be given to the SELLER by the BUYER , the basic
features of the ordered products, the price including the tax of the products
and the payment and delivery information correctly and completely .
9.2. Each contract item shall be delivered to the person and / or
organization in the name indicated by the BUYER or SELLER within the period specified in the
preliminary information section on the internet site, depending on the distance
of theBUYER , not exceeding the legal period of 30 days. In the event that the
product can not be delivered to the TENDER within this period, the TENDER
reserves the right to terminate the contract.
9.3. The SELLER shall not be liable for any loss or damage caused by the
use of the product in accordance with the standards specified in the order and
in accordance with the qualifications stated in the order and if the warranty
documents and the manuals and the information and documents required by the job
are delivered in accordance with the legal regulations. to protect and enhance
the quality of service, to show the necessary care and self-esteem during the
performance of the business, and to act with caution and foresight.
9.4. The SELLER may supply a different product at equal quality and
price by informing and expressly approving the BUYER prior to the expiration of the contractual
obligations arising from the contract.
9.5. SELLER acknowledges, declares and undertakes that if it can not
fulfill the contractual obligations in case the fulfillment of the ordered
product or service becomes impossible, it shall return it to the total costly BUYER
within 14 days within the 14 days from
the date of the notification.
9.6. The BUYER agrees, declares
and undertakes that, in case of delivery of the contractual product, this
CONTRACT shall be confirmed in electronic form, and if for any reason the
contractual product value is not paid and / or canceled in the bank records,
the SELLER shall be obliged to deliver the contractual product.
9.7. BUYER , if the contractual product value is not paid to the SELLER
by the related bank or financial institution as a result of unfair use of the
SELLER’s credit card by unauthorized use of the credit card of the SELLER after
delivery to the person and / or organization indicated by the BUYER or PURCHASER of the contractual product,
Declares and undertakes that it will return the transportation to the SELLER in
the form of belonging to SELLER within 3 days.
9.8. SELLER acknowledges, declares and undertakes that it shall notify
the BUYER of the situation if it can not
deliver within the term of the contractual term with the cause of reasons such
as the development of the parties other than the will, unpredictable and
obstructive and / or delays in fulfilling the obligations of the parties. The BUYER
shall also have the right to demand from
the SELLER that the order be canceled, replaced by a precedent in case of
contractual product, and / or delayed until the time of delivery is over. If
the order is canceled by the BUYER , in the payments made by the PURCHASER in
cash, the amount of the product will be paid to the customer in cash and in
advance within 14 days. Payments made by the BUYER with a credit card will be
returned to the relevant bank within 14 days after the order is canceled by the
BUYER . BUYER , the amount returned by the seller to the credit card by the
bank can be found to be 2 to 3 weeks after the bank transfer to the account of
the BUYER , and if this amount is related to the account of the BUYER after the payment to the BUYER , the BUYER relates
to the bank transaction process. declare and undertake that it can not hold it
responsible.
9.9. SELLER shall not be liable for any loss or damage caused by communication,
marketing, notifications and / or communications via the address, e-mail
address, fixed and mobile telephone lines and other contact information
specified in the registration form on the site by the BUYER or later by itself, the right to access the BUYER
for other purposes. BUYER acknowledges
and agrees that by accepting this contract, the SELLER may have the above
mentioned communication activities for him.
9:10. The BUYER shall inspect the contractual goods / service before
delivery; broken, broken tear, etc. damaged and defective goods / services from
the cargo company. The delivered goods / service shall be deemed to be
undamaged and sound. After the delivery, the goods / service must be carefully
protected. If the right of withdrawal is used, the goods / services should not
be used. The invoice must be returned.
9:11. In the event that the credit card holder used for the order with the BUYER
is not the same person or the security clearance for the credit card used in
the order is determined prior to the delivery of the product to the BUYER , the
SELLER shall provide the identity and contact information for the credit card
bearer, the credit card used in the order, or ask the BUYER to submit a letter stating that the credit
card belongs to the cardholder’s bank. If the order is to be frozen until the BUYER
obtains the subject information /
documents and if the request is not received within 24 hours, the SELLER has
the right to cancel the order.
9:12. BUYER declares and warrants that the personal and other
information it provides in realizing it as a member of the website belongs to
the SELLER’s website and that the SELLER will immediately and completely
compensate for any damages due to the unreasonableness of this information on
the first notification of the SELLER.
9:13. The BUYER agrees and agrees
to abide by and not violate the provisions of the legislation when using the
website of the SELLER. Otherwise, all legal and penal obligations to be born
shall be binding solely and exclusively the BUYER .
9:14. BUYER shall not use the
SELLER ‘s website in any way that violates public order, violates general
morality, disturbs and harasses others, infringes the material and moral rights
of others for a purpose that is illegal. In addition, it can not be used in
activities that prevent or make it difficult for members to use services (spam,
virus, trojan, etc.).
9:15. The SITE’s website may link to other websites and / or other
content owned and / or operated by the SELLER that are not under their control
and / or owned by third parties. These links are provided to facilitate the
orientation of the BUYER and do not
support any website or person running the site and do not carry any warranty
for the information contained in the Link web site.
9:16. A member who violates one or more of the items listed in this
contract shall be personally and criminally liable for the violation of the
contract and shall keep the SELLER free from the legal and criminal
consequences of such violations. Also; In the event of a violation of the law,
the seller reserves the right to claim compensation for non-compliance with the
membership contract against the member.
10. ABOUT GİVE UP
10.1. BUYER ; within 14
(fourteen) days from the date of delivery of the product to the person or organization
in which it is located, or if the distance contract relates to the sale of the
goods, the seller shall be entitled to withdraw from the contract without any
legal or criminal liability, In case of distance contracts for service
provision, this period starts from the date the contract is signed. Before the
end of the right of withdrawal, the right of withdrawal can not be used in the
service contracts whose service is started with the approval of the consumer.
The costs arising from the use of the right to withdrawal belong to the SELLER.
The BUYER agrees in advance that you are
informed of the right to withdraw by accepting this contract.
10.2. In order to use the right of withdrawal, it must be notified
within 14 (fourteen) days by written notice by registered mail, fax or e-mail
addressed to the SELLER, and the product is not used within the scope of the
provisions of ” If this right is used,
a) The invoice for the product delivered to the 3rd person or the
PURCHASER, (If the item to be returned is the invoice enterprise, it must be
sent along with the return invoice that the institution has arranged when
returning.) Order invoices issued on behalf of the institutions will not be
completed if the return invoice is not canceled.
b) Return form,
c) The returnable items must be delivered complete and undamaged together with
the box, packaging, and standard accessories if any.
d) The SELLER is obliged to return the documents which bring the total amount
of the SELLER and the BUYER to the BUYER
within the latest 10 days from the
receipt of the notice of withdrawal and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to the fault of
the BUYER , or if the return becomes
impossible, the BUYER is obliged to
compensate the damage of the BUYER at
the rate of the defect. However, the BUYER shall not be liable for any alteration or
deterioration that occurs due to the proper use of the goods or the product
within the right of withdrawal.
f) If the right of withdrawal is used, the discount amount used within
the scope of the campaign will be canceled if it is below the campaign limit
amount set by the SELLER.
11. PRODUCTS THAT CAN NOT BE USED TO SEE
Swimwear and swimwear, swimwear and bikini bottoms, makeup materials, disposable
items, goods which are dangerous for immediate deterioration or which are
likely to pass the expiration date and which are prepared in accordance with
the request of the PURCHASER, products which are not suitable for health and
hygiene when they are packed by the BUYER and which are returned by the BUYER , products
which are mixed with other products after delivery and which can not be
separated by nature, goods related to periodicals such as newspapers and
magazines other than those provided under the Subscription Agreement, digital
media content, software programs, data recording and data storage devices,
computer consumables, packaging RECEIVER filed by the return if required by the
regulation is impossible. It is also not possible to use the right of
withdrawal for services rendered with the consent of the consumer before the
end of the revocation period.
Unopened, untested, unopened packaging for return of cosmetic and personal care
products, underwear, swimwear, bikinis, books, copyable software and programs,
DVDs, VCDs, CDs and tapes and stationery consumables (toner, cartridge, tape
etc.) and they must be unused.
12. DEFAULT CARAL AND LEGAL RESULTS
The PURCHASER agrees, declares and undertakes that he will pay interest and be
liable to the bank within the framework of the credit card agreement between
the card holder and the bank, in case of default in case of payment
transactions by credit card. In this case, the bank may apply for legal
remedies; the costs and expenses of the BUYER may be requested from the BUYER and if the BUYER defaults due to the borrowing of the BUYER ,
the BUYER agrees, declares and
undertakes that he will pay the damages and losses suffered by the BUYER due to the delayed performance of the Borrower
13. AUTHORIZED COURT
Complaints and objections arising from disputes arising out of this agreement
shall be made to the arbitral tribunal or the consumer court where the
consumer’s residence is located within the monetary limits set forth in the
following paragraph or where the consumer transaction is made. Information on
monetary classification is as follows:
Applicable to consumer arbitration committees for the year 2017, effective as
of 01/01/2017:
a) In disputes under 2.400 (two thousand four hundred) Turkish Lira, district consumer
arbitration committees,
b) In case of disputes between 2,400 (two thousand four hundred) Turkish Lira
and 3,610 (three thousand six hundred ten) Turkish Lira in provinces with
metropolitan status, provincial consumer arbitration committees,
c) In case of disputes under the head of the province of non-metropolitan
cities (3.610 (three thousand six hundred ten) Turkish Lira), the provincial
consumer arbitration committees,
d) In the disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610
(three thousand six hundred ten) Turkish Lira, provincial consumer arbitration
committees have been appointed in the districts of the provinces which are not
in the metropolitan status.
This Agreement is made for commercial purposes.
14. ENFORCEMENT
The BUYER shall be deemed to have
accepted all the terms and conditions of this contract when making the payment
for the order placed on the Site. The SELLER is obliged to make the necessary
software arrangements in such a way that the contract is read and accepted by
the BUYER before the order is realized.