This Agreement has been signed between the parties below within the framework of the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in this agreement)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in this agreement)
NAME-SURNAME: GÜNBEYİ TEKSTİL VE KUYUMCULUK SAN.TİC.LTD.ŞTİ
ADDRESS: Baytar Ahmet Sok. No: 43 Osmanbey-Istanbul/Turkey
By accepting this agreement, the BUYER acknowledges that if they confirm the order subject to the contract, they will be obliged to pay the order price and any additional fees such as shipping costs and taxes, and that they have been informed about this in advance.
The terms written below will express the definitions next to them in the application and interpretation of this agreement.
MINISTER: The Minister of Trade,
MINISTRY: The Ministry of Trade,
LAW: The Law on the Protection of Consumers numbered 6502,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: Any consumer transaction subject to providing goods other than the goods promised for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf of or for the account of the seller,
BUYER: A real or legal person who acquires, uses, or benefits from a good or service for non-commercial or professional purposes,
WEBSITE: The website belonging to www.gunbeyi.com.tr,
ORDERER: A real or legal person who requests a good or service from GÜNBEYİ TEKSTİL VE KUYUMCULUK SAN.TİC.LTD.ŞTİ through www.gunbeyi.com.tr,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement entered into between the SELLER and the BUYER,
GOOD: The movable property subject to the transaction and software, sound, images, and similar intangible goods prepared for use in an electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the Law on the Protection of Consumers numbered 6502 and the provisions of the Regulation on Distance Contracts regarding the sale and delivery of the product that the BUYER orders electronically from the website www.gunbeyi.com.tr, the characteristics and sale price of which are specified below. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the specified period.
Title: GÜNBEYİ TEKSTİL VE KUYUMCULUK SAN.TİC.LTD.ŞTİ
Address: Baytar Ahmet Sok. No: 43 Osmanbey-Istanbul/Turkey
Phone: +90 212 233 55 20
Fax: +90 212 296 91 84
Email: info@gunbeyi.com.tr
Person to be delivered: (Fill in)
Delivery Address: (Fill in)
Phone: (Fill in)
Fax: (Fill in)
Email/Username: (Fill in)
Name/Surname/Title: (Fill in)
Address: (Fill in)
Phone: (Fill in)
Fax: (Fill in)
Email/Username: (Fill in)
7.1. The basic features of the product(s)/service (type, quantity, brand/model, color, number) are published on the website www.gunbeyi.com.tr. If a campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The total sales price of the goods or services subject to the agreement, including all taxes, is shown below.
| Product Description | Quantity | Unit Price | Subtotal (Including VAT) |
|---|---|---|---|
| (Product Description) | (Quantity) | (Unit Price) | (Subtotal) |
Shipping Cost: (Shipping Cost)
Total: (Total)
Payment Method and Plan: (Payment Method and Plan)
Delivery Address: (Delivery Address)
Person to be delivered: (Person to be delivered)
Invoice Address: (Invoice Address)
Order Date: (Order Date)
Delivery Date: (Delivery Date)
Delivery Method: (Delivery Method)
7.4. The shipping cost for product delivery will be paid by the BUYER.
Title: GÜNBEYİ TEKSTİL VE KUYUMCULUK SAN.TİC.LTD.ŞTİ
Address: Baytar Ahmet Sok. No: 43 Osmanbey-Istanbul/Turkey
Phone: +90 212 233 55 20
Fax: +90 212 296 91 84
Email: info@gunbeyi.com.tr
Invoice Delivery: The invoice will be delivered to the invoice address along with the order during the order delivery.
9.1. The BUYER accepts, declares, and commits that they have read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price, and the payment method on the Seller's website, and that they have provided the necessary confirmation electronically. The BUYER also accepts, declares, and commits that they have obtained correct and complete information about the address that must be provided by the Seller to the BUYER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the prices including taxes, and the payment and delivery information.
9.2. Each product subject to the contract will be delivered to the BUYER or to the person and/or organization indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, without exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to cancel the contract.
9.3. The SELLER accepts, declares, and commits to deliver the product subject to the contract complete, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and relevant information and documents. They shall carry out the work in accordance with the principles of accuracy and honesty, in a way that is legally compliant, free of defects, and suitable for standards, while maintaining and improving service quality, demonstrating necessary attention and care during the execution of the work, and acting with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price, with the BUYER's information and explicit consent before the expiration of the performance obligation arising from the contract.
9.5. In the event that it becomes impossible to fulfill the obligations arising from the contract regarding the ordered product or service, the SELLER accepts, declares, and commits to notify the consumer in writing within 3 days from the date they learn of this situation, and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and commits that they will confirm this contract electronically for the delivery of the product subject to the contract, and that if the payment for the product is not made for any reason and/or is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will cease.
9.7. The BUYER agrees, declares, and commits to return the product to the SELLER within 3 days, with the shipping cost covered by the SELLER, if the product price is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER's credit card after the delivery of the product to the BUYER or the person and/or organization indicated by the BUYER.
9.8. If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure events that arise outside the will of the parties, are unforeseen, and prevent and/or delay the performance of the parties' obligations, the SELLER accepts, declares, and commits to inform the BUYER of this situation. The BUYER has the right to request the cancellation of the order, replacement of the product subject to the contract with a similar one, and/or postponement of the delivery time until the blocking situation is resolved. If the BUYER cancels the order, the product amount for cash payments will be refunded in cash and in full within 14 days. For credit card payments, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and commits that the average process for the amount refunded to the credit card by the SELLER may take 2 to 3 weeks, and that any delays in the reflection of this amount to the BUYER's accounts are entirely related to the bank processing process, thus the BUYER cannot hold the SELLER responsible for any possible delays.
9.9. The SELLER has the right to communicate with the BUYER through mail, email, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes via the address, email address, landline, and mobile phone numbers specified by the BUYER in the registration form on the website or updated later. By accepting this contract, the BUYER acknowledges and declares that the SELLER may conduct the aforementioned communication activities towards them.
9.10. The BUYER will inspect the product/service subject to the contract before receiving it and will not accept any damaged or defective products/services (e.g., dented, broken, torn packaging) from the courier company. The received product/service will be considered undamaged and intact. The BUYER is responsible for taking care of the product/service after delivery. If the right of withdrawal is to be exercised, the product/service must not be used, and the invoice must be returned.
9.11. If the holder of the credit card used during the order is not the same person as the BUYER, or if a security breach related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the statement for the previous month's credit card statement, or a letter from the bank indicating that the credit card belongs to the cardholder. The order will be suspended until the BUYER provides the requested information/documents, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and commits that the personal and other information they provided while registering on the SELLER's website www.gunbeyi.com.tr is accurate, and they will compensate all damages that the SELLER may incur due to the inaccuracy of this information immediately, in cash, upon the SELLER's first notification.
9.13. The BUYER accepts and commits to comply with the provisions of the legal legislation while using the SELLER's website www.gunbeyi.com.tr and not to violate them. Otherwise, all legal and criminal obligations that arise will be binding solely on the BUYER.
9.14. The BUYER may not use the SELLER's website www.gunbeyi.com.tr in any way that disrupts public order, violates general morality, disturbs or harasses others, or for any illegal purpose that infringes on the material and moral rights of others. Furthermore, they may not engage in activities that prevent or hinder other members from using the services (spam, viruses, Trojans, etc.).
9.15. Links may be provided from the SELLER's website www.gunbeyi.com.tr to other websites and/or content that are owned and/or operated by other third parties and that are not under the SELLER's control. These links are placed for the convenience of directing the BUYER and do not endorse any website or the person operating that site, nor do they provide any guarantee regarding the information contained on the linked website.
9.16. Any member who violates one or more of the provisions stated in this agreement will be personally liable for any criminal and legal consequences arising from this violation, and will release the SELLER from the legal and criminal consequences of these violations. Additionally, the SELLER reserves the right to demand compensation for breach of the membership agreement if the matter is brought to legal proceedings.
10.1. The BUYER may withdraw from the contract without any legal or penal liability and without giving any reason, by rejecting the goods within 14 (fourteen) days from the delivery date of the product to themselves or to the person/organization at the address they specified, provided that they notify the SELLER. For distance contracts related to the provision of services, this period starts from the date the contract is signed. In service contracts where the performance has begun with the consumer's approval before the expiration of the withdrawal period, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or e-mail within the 14 (fourteen) day period, and the product must not have been used within the framework of the provisions of "Products That Cannot Be Returned" outlined in this contract. In case of exercising this right,
Products that are prepared according to the BUYER's request or personal needs and cannot be returned, such as innerwear, swimwear, makeup products, single-use products, goods that are likely to spoil quickly or that have a risk of expiration, products that cannot be returned for health and hygiene reasons once the packaging is opened by the BUYER, products that get mixed with other products after delivery and cannot be separated by nature, periodic publications like newspapers and magazines, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables cannot be returned if the packaging has been opened by the BUYER according to the Regulation. Additionally, exercising the right of withdrawal for services that have begun with the consumer's approval before the withdrawal period expires is also not possible according to the Regulation. Cosmetic and personal care products, innerwear, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, as well as stationery consumables (toners, cartridges, ribbons, etc.) must remain unopened, untried, undamaged, and unused in order to be returned.
If the BUYER defaults in payment when making payment by credit card, they acknowledge, declare, and undertake that they will pay interest in accordance with the credit card agreement with the bank that issued the card and that they will be responsible to the bank. In this case, the relevant bank may resort to legal means; it may request the costs incurred and attorney fees from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for the damages incurred due to the delayed performance of the debt.
In disputes arising from this contract, complaints and objections will be made to the consumer arbitration board or consumer court in the place where the consumer's residence is located or where the consumer transaction is conducted, within the monetary limits specified in the law below. Information regarding the monetary limit is as follows:
Effective from 01/01/2017, for applications to consumer arbitration boards for the year 2017, the value is as follows:
This Contract is made for commercial purposes.
The BUYER is deemed to have accepted all the terms of this contract when they make the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that the BUYER has read and accepted this contract on the site before the order is processed.
SELLER: GÜNBEYİ TEKSTİL VE KUYUMCULUK SAN.TİC.LTD.ŞTİ
BUYER:
DATE:
