This Agreement has been signed between the following parties under the terms and conditions set forth below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in the contract)
B. ‘SELLER’; (hereinafter referred to as "SELLER" in the contract)
NAME-SURNAME: ESKARPİNİ AYAKKABICILIK SANAYİ VE TİCARET LİMİTED ŞİRKETİ
ADDRESS: Adnan Kahveci Mah. Fabrikalar Cad. D blok No: 5/4 Daire: 5 Beylikdüzü/İstanbul/Türkiye
By accepting this agreement, the BUYER agrees in advance that if they confirm the order subject to the contract, they will be under the obligation to pay the order price and any additional fees such as shipping costs and taxes, and that they have been informed about this.
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Commerce,
MINISTRY: The Ministry of Commerce,
LAW: Law No. 6502 on the Protection of the Consumer,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods, which is performed or promised to be performed in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the supplier of goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to eskarpini.com,
ORDERING PARTY: The natural or legal person who requests a good or service via eskarpini.com, belonging to ESKARPİNİ AYAKKABICILIK SANAYİ VE TİCARET LİMİTED ŞİRKETİ,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to the movable property subject to the purchase and intangible goods such as software, sound, images, and the like prepared for use in an electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically via the website eskarpini.com belonging to ESKARPİNİ AYAKKABICILIK SANAYİ VE TİCARET LİMİTED ŞİRKETİ. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
Title: ESKARPİNİ AYAKKABICILIK SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: Adnan Kahveci Mah. Fabrikalar Cad. D blok No: 5/4 Daire: 5 Beylikdüzü/İstanbul/Türkiye
Email: info@eskarpini.com
Person to be delivered to: (Fill in)
Delivery Address: (Fill in)
Telephone: (Fill in)
Fax: (Fill in)
Email/Username: (Fill in)
Name/Surname/Title: (Fill in)
Address: (Fill in)
Telephone: (Fill in)
Fax: (Fill in)
Email/Username: (Fill in)
7.1. The basic features (type, quantity, brand/model, color, number) of the Goods/Product/Products/Service are published on the website of eskarpini.com. If a campaign has been organized by the seller, you can review the basic features 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 sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
| Product Description | Quantity | Unit Price | Subtotal (VAT Included) |
|---|---|---|---|
| (Product Description) | (Quantity) | (Unit Price) | (Subtotal) |
Shipping Amount: (Shipping Amount)
Total: (Total)
Payment Method and Plan: (Payment Method and Plan)
Delivery Address: (Delivery Address)
Person to be delivered to: (Person to be delivered to)
Billing Address: (Billing Address)
Order Date: (Order Date)
Delivery date: (Delivery date)
Delivery method: (Delivery method)
7.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
Title: ESKARPİNİ AYAKKABICILIK SANAYİ VE TİCARET LİMİTED ŞİRKETİ
Address: Adnan Kahveci Mah. Fabrikalar Cad. D blok No: 5/4 Daire: 5 Beylikdüzü/İstanbul/Türkiye
Email: info@eskarpini.com
Invoice delivery: The invoice will be delivered along with the order to the billing address during the order delivery.
9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information on the SELLER's website regarding the basic qualities, sales price, payment method, and delivery of the contract product, that they are informed, and have given the necessary confirmation in the electronic environment. The BUYER; by confirming the Preliminary Information in the electronic environment, accepts, declares, and undertakes that they have accurately and completely obtained the address to be given by the SELLER to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information before the conclusion of the distance sales contract.
9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the contract product complete, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and the information and documents required by the job, to perform the work in accordance with the principles of accuracy and honesty, free from any defects, in accordance with legal requirements and standards, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance obligation arising from the contract expires.
9.5. If the SELLER cannot fulfill its contractual obligations in the event that the performance of the product or service subject to the order becomes impossible, it accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the contract product, and that if for any reason the contract product price is not paid and/or canceled in the bank records, the SELLER's obligation to deliver the contract product will end.
9.7. The BUYER accepts, declares, and undertakes that if, after the delivery of the contract product to the BUYER or the person and/or organization at the address indicated by the BUYER, the contract product price is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons, the BUYER will return the contract product to the SELLER within 3 days, with the shipping cost belonging to the SELLER.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the contract product within the period due to force majeure events such as the occurrence of unforeseen circumstances that are beyond the control of the parties and that prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the contract product with its equivalent if available, and/or the postponement of the delivery period until the obstructive situation is eliminated. In the event of cancellation of the order by the BUYER, for payments made by the BUYER in cash, the product amount is paid to them in cash and in a lump sum within 14 days. For payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 2 to 3 weeks, and since the reflection of this amount on the BUYER's accounts after its return to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes by letter, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or updated by them later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; they will not receive damaged and defective goods/services such as dented, broken, torn packaging, etc., from the cargo company. The received goods/services will be deemed to be undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability is detected regarding the credit card used in the order 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 of the credit card used in the order for the previous month, or a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information they provided while registering on the eskarpini.com website belonging to the SELLER is true, and that they will immediately, in cash and in a lump sum, compensate for all damages that the SELLER may incur due to the untruthfulness of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the eskarpini.com website belonging to the SELLER. Otherwise, all legal and criminal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the eskarpini.com website belonging to the SELLER in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or in a way that infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the eskarpini.com website belonging to the SELLER, links may be given to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided for the ease of navigation for the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement is personally responsible criminally and legally for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; if the event is brought to the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10.1. BUYER; in the case of a distance contract for the sale of goods, has the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to themself or the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any reason, provided that they notify the SELLER. In distance contracts for service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be used in service contracts where the performance of the service has begun with the consumer's approval before the end of the withdrawal period. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER agrees in advance that they have been informed about the right of withdrawal by accepting this agreement.
10.2. To exercise the right of withdrawal, written notification must be made to the SELLER by 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 "Products for Which the Right of Withdrawal Cannot Be Used" provisions regulated in this agreement. If this right is exercised,
Goods prepared in line with the BUYER's request or explicitly personal needs and which are not suitable for being sent back, underwear bottoms, swimsuit and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodical publications such as newspapers and magazines, except those provided under a subscription agreement, services performed instantly in the 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, computer consumables, if their packaging has been opened by the BUYER, their return is not possible according to the Regulation. In addition, according to the Regulation, it is not possible to use the right of withdrawal for services whose performance has begun with the consumer's approval before the end of the withdrawal right period. Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened, untested, intact, and unused in order to be returned.
The BUYER accepts, declares, and undertakes that if they default on their payment transactions with a credit card, they will pay interest within the framework of the credit card agreement between the cardholder bank and themself and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the costs and attorney's fees to be incurred from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
Complaints and objections in disputes arising from this agreement will be made to the consumer problems arbitration committee or consumer court in the place where the consumer's residence is located or where the consumer transaction is made, within the monetary limits specified in the law below. Information on the monetary limit is as follows:
Effective from 01/01/2017, for applications to be made to consumer arbitration committees for the year 2017, the value is:
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on 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 that this agreement has been read and accepted by the BUYER on the site before the order is placed.
SELLER: ESKARPİNİ AYAKKABICILIK SANAYİ VE TİCARET LİMİTED ŞİRKETİ
BUYER:
DATE:
