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Terms & Conditions

TERMS & CONDITIONS

 

1.SUBJECT

 

The Subject of this Preliminary Information Form for Sales Contract, covers the rights and obligations of the parties in relation to sales and delivery of the product/products sold by SELLER to the ORDERING PARTY/BUYER, qualifications and sales price of which are specified below, pursuant to provisions of the Law on the Protection of the Consumer no 6502 - Regulation on Distant Contracts (Official Gezette:11/27/2014/29188). BUYER accepts in advance that, by accepting this preliminary information form, in case it approves the order subject to the contract, it shall assume the obligation to pay the price of the order, and additional prices if any such as courier fees and taxes etc. and that it has been informed in this respect.

 

2. SELLER'S INFORMATION

Title: GÜLSHA KOZMETIK SANAYI VE TICARET ANONIM ŞIRKETI

Address: Ayazağa Mahallesi Mimar Sinan Sok. No: 21 Seba Office Boulevard A Blok Kat:2 No:22 34485 Sarıyer İstanbul/Türkiye

Telephone: +902124857429

Fax: +902124857431

E-mail: info@gulsha.com

MERNIS (Central Civil Registration System) no: 0421 0537 425014

 

3. BUYER'S INFORMATION (Hereinafter referred to as BUYER.)

Recipient: {_buyer'sname_} {_buyer'ssurname_}

Delivery Address: {_deliveryaddress_}

Telephone: {_buyer'stelephone_}

E-mail/user name: {_buyer'smail_}

 

4. INFORMATION OF THE PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT

4.1 Main features (type, quantity, brand/model, color, number) of the Goods / Product/Products / Service are given on SELLER’s website.

4.2 Prices listed and announced on the website, are the sales prices. The announced prices and covenants are valid until they are updated or changed. Prices announced to be periodical are valid until the end of the specified time period.

4.3 Sales prices of the goods or services subject to the Contract including the taxes (Except for the domestic customs duties prescribed by the local custom authorities of the Buyer this kind of duties shall born by the Buyer) are given on the following table.

 

{_productinformation_}

Courier fee for the foreign shipments is 7.00€.

Mode of Payment and Payment Plan : {_modeofpayment_}

{_paymenttable_}

Delivery Address : {_deliveryaddress_}

Invoice Address : {_invoiceaddress_}

Order Date : {_date_}

 

5. GENERAL PROVISIONS

 

5.1. BUYER accepts, declares and undertakes that, it has read on SELLER’s website and become informed of the preliminary information in respect of the main features, sales price, mode of payment and delivery of the product subject to the Contract, and it has given the necessary confirmation in electronic environment. BUYER accepts, declares and undertakes that, by confirming the preliminary information in electronic environment, it has also obtained correctly and in full the main features of the ordered products, prices of the products including the taxes, payment and delivery information, and the address, which are required to be given by SELLER to BUYER prior to conclusion of the  distant sales contract. 

 

5.2. Each product subject to the Contract shall be delivered to BUYER or the person and/or institution at the address to be indicated by BUYER, within the time period specified in the preliminary information on the website depending on the distance to the BUYER’s residential area, on the condition that such delivery does not exceed the legal period of 30 days. In case the product cannot be delivered to BUYER within this time period, BUYER’s right to terminate the contract is reserved. 

 

5.3. SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, consistent with the qualifications specified in the order and together with the warranty certificates and user manuals if any, to perform the work free from any defects, pursuant to the requirements of legal legislation, in accordance with the standards, with the information and documents required by the work, within the principles of truthfulness and honesty, to maintain and enhance the quality of work, to exercise due care in fulfillment of the work, and to act prudently and presciently. 

 

5.4. SELLER may provide a different product of an equivalent quality and price, by informing BUYER and obtaining its explicit approval, prior to expiry of the performance obligation arising from the contract. 

 

5.5. SELLER accepts, declares and undertakes that, in case it fails to fulfill its obligations subject to the contract due to impossibility of fulfillment of the product or service subject to the order, it shall inform the consumer in writing of this circumstance within 3 days following the date on which it has become aware of this circumstance, and refund the total price to BUYER within 14 days. In order that BUYER can make use of the free transportation under this product return, it is required to send the product to SELLER’s address indicated on its website via DHL KARGO company, with which SELLER works. For the consignments to be made via another cargo company or to an address other than the SELLER’s address, costs of shipments to be made by BUYER shall be borne by BUYER.

 

5.6. BUYER accepts, declares and undertakes that, it has confirmed in electronic environment this Preliminary Information Form for delivery of the product subject to the contract, and in case the price of the product subject to the contract is not paid and/or cancelled in the bank records for any reason, SELLER's obligation to deliver the product subject to the contract shall cease. 

 

5.7. BUYER accepts and declares that the BUYER is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of Turkey may be subject to import taxes, customs duties and fees levied by the destination country. BUYER may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the BUYER's country. Additional charges for customs clearance must be fulfilled by the BUYER; SELLER has no control over these charges, nor can SELLER predict what they may be.

 

5.8. BUYER accepts, declares and undertakes that, in case after delivery to BUYER or the person and/or institution at the address to be indicated by BUYER of the product subject to the Contract, the price of the product subject to the contract is not paid by the relevant bank or financial institution to SELLER due to wrongful use of BUYER's credit card by unauthorized persons, BUYER shall return to SELLER the product subject to the contract within 3 days, costs of shipment to be borne by SELLER. In order that BUYER can make use of the free transportation under this product return, it is required to send the product to SELLER’s address indicated on its website via DHL KARGO company, with which SELLER works. For the consignments to be made via another cargo company or to an address other than the SELLER’s address, costs of shipments to be made by BUYER shall be borne by BUYER.

 

5.9. SELLER accepts, declares and undertakes that, in case it cannot deliver in due time the product subject to the Contract due to force majeure events occurred beyond the control of the parties, which cannot be foreseen beforehand and which prevent or delay the parties from fulfilling their liabilities, it shall inform BUYER of this circumstance. BUYER has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with an equivalent of it if any and/or to postpone the delivery time until such preventive circumstance is removed. In case the order is canceled by BUYER, regarding payments made by BUYER in cash, product price shall be refunded to it within 14 days, in cash and at once. For the payments that BUYER has made by a bank card or credit card, product price shall be refunded to the relevant bank within 14 days following cancellation of the order by BUYER. BUYER accepts, declares and undertakes that, since transfer by the bank to BUYER’s account of the amount refunded by SELLER to the bank card or credit card, is completely related to the bank’s transaction procedure, it cannot hold SELLER liable for possible delays. 

 

6. INVOICE INFORMATION

 

Name/Surname/Title : {_buyer'sname_} {_buyer'ssurname_} Address : {_deliveryaddress_} Telephone : {_buyer'stelephone_} E-mail/user name : {_buyer'smail_} Invoice delivery : The invoice shall be delivered to the invoice address during delivery of the order, together with the order.

 

7. RIGHT OF WITHDRAWAL

 

7.1. In the distant contracts for sales of goods, on the condition that Buyer notifies SELLER within 14 (fourteen) days following the date of delivery of the product to itself or the person/institution at the address it has indicated, by using any of the valid communication channels indicated on the website, BUYER may exercise its right of withdrawal by rejecting the goods, without showing any reason and without paying any penalty clause. SELLER shall confirm that, demands from BUYER for exercising the right of withdrawal are received by SELLER. Shipping costs of the return belong to BUYER. SELLER is required to refund the price of the return. By accepting this contract, BUYER accepts in advance that it has been informed of the right of withdrawal.

 

7.2. In order that the right of withdrawal can be exercised, SELLER is required to be notified in writing within 14 (days) by registered mail with return receipt requested, fax or e-mail and the product is required not to have been used under the provisions of “products on which the right of withdrawal cannot be exercised” set out in this contract. In case this right is exercised; 

 

7.2.1 3. invoice of the product delivered to a person or BUYER, (In case invoice of the product intended to be returned is a corporate invoice, it is required to be sent on return, together with the return invoice made out by the institution. Returns of the orders, invoice of which are made out on behalf of institutions will not be consummated unless a RETURN INVOICE is made out.) 

 

7.2.2. Return form, 7.2.3. Products to be returned are required to be delivered in full and free of damage, together with their boxes, packages, gift items, if any, and all standard accessories if any. 

7.2.4. Within 14 days at the latest following receipt by itself of the notice of withdrawal, SELLER is obliged to return to BUYER the total price and the documents burdening BUYER with debt, and to accept return of the goods within 14 days. 

7.2.5. In case any depreciation occurs in value of the goods or return of goods becomes impossible due to a reason arising from BUYER’s negligence, BUYER is obliged to indemnify SELLER’s damages to the extent of its negligence. However, BUYER is not responsible for the changes and impairments occurred from due use of the goods or products within the period of right of withdrawal. 

7.2.6. In case the limit amount for the campaign organized by SELLER cannot be reached due to exercise of the right of withdrawal, the amount of discount availed under the campaign shall be cancelled. 

 

8. PRODUCTS ON WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

 

8.1. a) Contracts for the goods or services, prices of which change depending upon the fluctuations in financial markets beyond the control of seller or provider.

b) Contracts for the goods prepared in accordance with the demands or personal needs of the consumers.

c) Contracts for the goods that can easily decay or become expired.

d) Contracts for delivery of those goods the return of which is not suitable in terms of health and hygiene, from among those the protective elements of which such as packages, bands, seals, packs were opened after delivery.

e) Contracts for the goods that were intermingled with other products after delivery, which are not possible to be separated by their nature.

f) Contracts for books, digital content and computer consumables, data recording and data storage devices provided in tangible environment, in case protective elements of goods such as packages, bands, seals, packs were opened after delivery.

g) Contracts for delivery of periodical publications such as newspapers and magazines, other than those provided under subscription contracts.

g) Contracts for accommodation, carriage of goods, car rental, provision of foods and beverages and good use of leisure times for entertainment or recreational purposes, necessary to be made at a specific date or time period.

h) Contracts for services rendered instantly or intangible goods delivered to consumer instantly in electronic environment.

i) Contracts for services started to be performed with the approval of consumer before expiry of the period of right of withdrawal.

In order that cosmetics and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and products, DVDs, VCDs, CDs and cassettes, and stationary consumables (toners, cartridges, printer ribbons etc.) can be returned, they are required not to be unpacked, tested, impaired and used. 

8.2. Applications for complaints and objections shall be able to be made to the consumer arbitration board or consumer court at the place where the consumer transaction is made (Turkey), in accordance with the monetary limitations determined by the Ministry Customs and Trade according to Protection of the Consumer numbered  6502 every year in December.

This hereby Contract is made for commercial purposes. 

 

Stamp duty arising from this contract shall be borne by SELLER.

 

For any disputes which might arise between SELLER and BUYER under this hereby contract, RULES OF LAW OF TURKISH REPUBLIC shall apply, and ISTANBUL ANATOLIAN COURTS AND BAILIFF’S OFFICES and arbitration boards or consumer courts shall be authorized for resolution of disputes.

 

SELLER: GÜLSHA KOZMETİK SANAYİ VE TİCARET ANONİM ŞİRKETİ

BUYER: {_buyer'sname_} {_buyer'ssurname_}

DATE: {_date_}