Article 1 - Parties
1.1. Sales person
Commercial Name: Nita Dış Ticaret A.Ş.
Address: Oruçreis Mahallesi, Tekstilkent Caddesi A-17 Block No:28 34235
Phone: +90 212 231 25 95
Email address: email@example.com
Product return address: Oruçreis Mahallesi, Tekstilkent Caddesi A-17 Blok No:28 34235
Name – Surname/TR Number: ……………..
Article 2- Subject
The subject of this contract is 4077 (or 6052) regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically (e-commerce) from the SELLER's website http://www.nitatoys.com. ?? It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers no. (There appear to be two different numbers of laws) and the Regulation on Distance Contracts.
The buyer, seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has been informed by the seller in a clear, understandable manner and in accordance with the internet environment (on the website www.nitatoys.com), confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the website https://www.nitatoys.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contract Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer agrees to fully cover any damages arising from situations where this information is incorrect or incomplete. In addition, the buyer accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems it necessary, if the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, the SELLER freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order to avoid damage to both parties.
Product/Products Received: …………………..
Order Processing and Shipping Fees: ………………………TL
Total Sales Price (Including VAT): …………………….TL
Payment Method: Credit Card / Bank Transfer (EFT) / Payment on Delivery
To whom it will be delivered: ……………………..
Phone number: …………………..
Article 4- Contract Date and Force Majeure
The contract date is ../../…, which is the date the order was placed by the buyer. It is historical.
Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The seller accepts and undertakes to fully fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on the Protection of Consumers No. 4077 (6052??) and the Regulation on Distance Contracts, except for force majeure.
5.2 . Persons under the age of 18 (eighteen) cannot shop at www.nitatoys.com. ??? The seller will assume that the age stated by the buyer in the contract is correct. However, the seller cannot be held responsible in any way if the buyer writes the age incorrectly.
5.2 . www.nitatoys.com is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The buyer cannot make a claim against the seller based on system errors.
5.3 . You can shop at www.nitatoys.com by credit card (Visa, MasterCard, etc.), payment on delivery or bank transfer. Orders that are not transferred within 3 (three) business days from the order date will be canceled. The processing time of orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts.
Article 6 - Rights and Obligations of the Buyer
6.1 . The Buyer accepts and undertakes to fully fulfill the obligations imposed on him in the contract, excluding force majeure.
6.2 . By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.
6.3 . The buyer can view the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., from the www.nitatoys.com website. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.
6.4 . Subject to the previous article, the Buyer declares that he/she has read and informed the www.nitatoys.com order/payment/use procedure information, including product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and has given the necessary confirmation electronically. .
6.5 . If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
After the TL amount of the products added to the shopping cart, including VAT, is approved by the buyer, in credit card payments …..………. It is processed via Virtual Pos. Before orders are shipped, the customer is sent an e-mail informing them that their order has been prepared. Any disruption in the process or problems that may arise with the credit card will be notified to the buyer by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time for orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the buyer is immediately informed clearly and understandably and gives approval, another good of equal quality and price may be sent to the buyer, or in line with the buyer's desire and choice; Another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the buyer is informed of this situation, the total price paid and any documents that put him in debt, if any, are returned to him within fourteen days at the latest and the contract is cancelled. In such a case, the buyer will not claim any additional material or moral damage from the seller.
At www.nitatoys.com, buyers who do not want to use their credit card information online are offered the opportunity to pay cash on delivery or order by money order. For payment by money order, the buyer can make the money transfer to www.nitatoys.com Türkiye …………… Bank account. If EFT has been made, the date of transfer to the account will be taken into account. When making a money transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer will return the delivered product to the Seller within 10 days. It is mandatory to send it to . In such cases, shipping costs belong to the Buyer.
Article 8- Shipment/Delivery Procedure
Once the order confirmation e-mail is sent, the product(s) are delivered to the cargo company that the seller has a contract with. www.nitatoys.com contracted cargo company ………. It is cargo.
The product(s) will be delivered to the buyer's address by www.nitatoys.com's contracted ……… Cargo. Delivery time is a maximum of 7 business days from the sending of the order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the recipient is notified in advance in writing or via a permanent data carrier.
Products are sent to regions where cargo companies do not deliver to the address, with a telephone notification.
In regions where the cargo company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. The buyer cannot impose any liability on the seller due to these sags.
If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for extra shipping costs that may arise from the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the Buyer.
If the product/products have not reached the customer within the specified days, delivery problems must be reported to customer services immediately using the e-mail address firstname.lastname@example.org.
In case of damaged package; Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there and check that the products have been delivered undamaged and to request that the situation be determined with a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation must be reported to the seller's Customer Services as soon as possible, with the copy of the report remaining with the Buyer.
Article 9 - Procedure for Product Return and Right of Withdrawal
After the buyer receives the goods, 14 (fourteen) or 30 (thirty) ??? has the right to withdraw from the contract within 1 day without giving any reason and without paying any penalty.
In order for the refund to be made in accordance with the general communiqué of the Tax Procedure Law No. 385, the buyer must complete and correctly fill in the return sections at the bottom of the two invoices belonging to the seller delivered with the goods, sign them, send one copy to the seller along with the product, and keep the other copy.
The right of withdrawal period starts from the day the goods are delivered to the buyer. If the reason for returning the returned product or products is arbitrary circumstances, the cost must be borne by the buyer. However, if the product is faulty due to the Seller's fault, the cost must be covered by the Seller.
There is no right of withdrawal for goods prepared in line with the buyer's wishes and/or his personal needs.
If the buyer exercises his right of withdrawal, the seller will return the total price received and any documents that put the consumer in debt, if any, within ten days from the receipt of the invoice containing the withdrawal notification together with the product, without incurring any costs to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value of the goods or the decrease in value.
The general return period for any product purchased by mistake is 7 days. During this period, returns of products whose packaging has been opened in a way that may damage the product will not be accepted. Returns must be made with the original packaging and invoice.
In cases where any opening, deterioration, breakage, destruction, tearing, use or other situations are detected in the product and its packaging purchased by mistake, and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
For product returns, the situation must first be reported to customer service. Information about sending the product for return is communicated to the customer by the seller. After this meeting, the product must be delivered to the seller, together with the invoice containing information regarding the return, through the Cargo company that delivered the product to the buyer's address (……. CARGO).
If the returned product reaching the seller meets the conditions specified in this contract, it is accepted as a refund and the refund is made to the buyer's credit card/account. No refund will be made unless the product is returned. The time period for refunds made to the Credit Card to be reflected in the credit card accounts is at the discretion of the relevant bank.
If the purchase is made by credit card and in installments, the refund procedure to the credit card will be applied as follows: If the buyer requests the purchase of the product in how many installments, the Bank makes the refund to the buyer in installments. After the seller pays the entire product price to the bank in one go, in case the installment expenditures made through the Bank POS are refunded to the buyer's credit card, the requested refund amounts are transferred by the Bank to the bearer accounts in installments, in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the buyer until the cancellation of the sale do not coincide with the refund date and the card cut-off dates, 1 (one) refund will be reflected on the card every month and the buyer will receive the installments he paid before the refund for an additional month equal to the number of installments he paid before the refund, after the installments of the sale are completed. will be deducted from its current debts.
In case of return of goods and services purchased by card, the seller cannot pay the buyer in cash, in accordance with the contract made with the Bank. In case of a return transaction, the member business, that is, the seller, will make the refund through the relevant software, and since the member business, that is, the seller, is obliged to pay the relevant amount to the bank in cash or on account, the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank in one lump sum.
Article 10 - Warranty
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 1 year against all kinds of manufacturing defects under the following conditions: The seller's warranty liability is valid only for consumers within the scope of law no. 4077 (6052 ?? ). For commercial works, the provisions of the Turkish Commercial Code will apply.
Article 11- Confidentiality
The information specified by the buyer in this contract and the information provided to the seller for payment purposes will not be shared by the seller with third parties.
The seller will be able to disclose this information only within the scope of administrative/legal obligation. If the seller has the information requested within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority.
Credit Card information is never stored. Credit Card information is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is deleted from the system after the provision.
Information such as the buyer's e-mail address, postal address and telephone are used only by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the buyer after his/her approval.
Article 12- Competent Courts and Enforcement Offices in Case of Dispute
In disputes that may arise from this contract, Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Customs and Trade of the Republic of Turkey, and Consumer Courts are authorized in disputes above this value. Civil Courts of First Instance are authorized in places where there is no consumer court.
If the order is placed, the Buyer is deemed to have accepted all the conditions of this agreement. …/…/…
Article 13 – Notifications and Evidence AgreementAll correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the Law. The Buyer acknowledges that, in case of disputes that may arise from this Agreement, www.nitatoys.com's official books and commercial records, as well as the electronic information and computer records kept in its database and servers, will constitute binding, definitive and exclusive evidence, and that this article shall constitute binding, definitive and exclusive evidence, pursuant to Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it has the nature of an evidentiary contract within the meaning of the article.