1. PARTIES

This Agreement has been signed between the following parties under the following terms and conditions.

A.‘BUYER’ ; (hereinafter referred to as "BUYER" in the contract)

B.‘SELLER’ ; (hereinafter referred to as "SELLER" in the contract)

By accepting this contract, the BUYER is obliged to pay the price of the order subject to the order and the additional fees, if any, such as shipping and taxes, if the contract subject approves the order. He accepts in advance that he will be under the control and that he has been informed about it.

 

2.DEFINITIONS

In the application and interpretation of this contract, the terms written below shall refer to the written explanations against them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: Ministry of Customs and Trade,

LAW: Law No. 6502 on the Protection of the Consumer,

MANUAL REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)

SERVICE: Any kind of service other than the provision of goods made or promised to be performed in return for a fee or benefit; the subject of the consumer transaction,

SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,

BUYER: Real or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

SITE: The website of the SELLER,

CUSTOMER: The real or legal person who requests a good or service through the website of the SELLER,

PARTY: SELLER and BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

MAL: Software, sound, image, prepared to be used in electronic environment and movable goods subject to shopping; and similar intangible goods.

 

THE 3rd SUBJECT

This Agreement is the Protection of the Consumer No. 6502 regarding the sale and delivery of the product, whose qualifications and sales price are stated below, which the BUYER has placed an order electronically on the website of the SELLER. It regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Law and the Regulation on Distance Contracts.

The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

4. SELLER INFORMATION

Ütitle   : Baran Kalaycı

Address     : Istansyon Cad.Cami Mah. ÇInar Sitesi D Blok D.10 Tuzla / İSTANBUL

Phone  : 0216 504 59 01

Email  : personaltrainer@barankalayci.com</ a>

 

9. GENERAL GENERAL COUNTRIES

9.1. The BUYER accepts and declares that he has read the basic characteristics of the product subject to the contract, the sales price and the method of payment, and the preliminary information regarding the delivery on the website of the SELLER, that he is informed and gives the necessary confirmation in the electronic environment. and commits. BUYER's; Confirmation of the information in electronic environment, before the establishment of the distance sales contract, by the SELLER by the BUYER. It accepts, declares and undertakes that it has obtained the address to be given to the customer, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely.

9.2. Each product subject to the contract, provided that the legal period of 30 days is not exceeded by the BUYER. It is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the "preliminary information" section of the website, depending on the distance from the resident's place of residence. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER, the subject of the contract; to deliver complete, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the job, from shameî as a solid, in accordance with the standards, in accordance with the legal legislation requirements.to perform the job within the principles of honesty and honesty, to maintain and increase the service quality, to show the necessary care and attention during the execution of the job, prudence and forbearance; accepts, declares and undertakes to act with.

9.4. The SELLER can supply a different product with equal quality and price, by informing the BUYER and obtaining his explicit approval, before the expiry of its obligation to perform arising from the contract. .

9.5. If the SELLER fails to fulfill its contractual obligations, in the event that the fulfillment of the product or service subject to the order becomes impossible, this situation shall be made in writing within 3 days from the date of learning. It accepts, declares and undertakes that it will notify the consumer and that it will return the total price to the BUYER within 14 days.

9.6. The BUYER shall confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that, for any reason, the price of the item subject to the agreement is not paid and/or the bank records are cancelled. in case of agreement, the product subject to the contract of the SELLER; accepts, declares and undertakes that the delivery obligation will expire.

9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the credit card of the BUYER by the unauthorized persons, the subject of the contract is the problem. In case the price is not paid to the SELLER by the relevant bank or financial institution, the BUYER shall; It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense for shipping.

9.8. The SELLER is the subject of a settlement due to force majeure situations such as the occurrence of situations that develop beyond the will of the parties, cannot be foreseen and prevent and / or delay the fulfillment of the obligations of the parties. It accepts, declares and undertakes that it will notify the BUYER if it cannot deliver it within the period. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the contractual product with its precedent, if any, and/or the postponement of the delivery time until the obstacle is removed. In case the order is canceled by the BUYER, in the payments made by the BUYER in cash, the amount of the product will be paid to him in cash and in total within 14 days. In the 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 considers 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. It accepts, declares and undertakes that it cannot hold the SELLER responsible for it.

9.9. A letter, e-mail, SMS, telephone call or call via the SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. has the right to reach the BUYER through other means, such as communication, marketing, notification and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.

9.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The debt of careful protection of 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 BUYER and the credit card holder used during the order are not the same person, or if there is a security breach regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder. , may request the BUYER to submit the statement of the previous month of the credit card used in the order or the letter from the bank of the card holder stating that the credit card belongs to him. Allowing the BUYER to provide the information/documents subject to the request.The order will be frozen as soon as possible, and if the aforementioned demands are not met within 24 hours, the SELLER has the right to cancel the order.

9.12. The BUYER, upon the first notification of the SELLER, immediately declares that the personal and other information provided while being a member of the website belonging to the SELLER is in accordance with the truth, and that the SELLER will suffer all damages due to the fact that this information is not true, declares and undertakes that it will indemnify in cash and in full.

9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and penal liabilities that may arise will completely and exclusively bind the BUYER.

9.14. BUYER, SELLER's website in any way disrupting public order, contrary to general morality, disturbing and harassing others, for any unlawful purpose; For this reason, they cannot use it in a way that violates 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. Via the website of the SELLER, which is not under the control of the SELLER and/or any other third; Links may be given to other websites and/or other content owned and/or operated by individuals. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER's right to claim compensation for non-compliance with the membership agreement is reserved.

 

10. RIGHT OF WITHDRAWAL

10.1. BUYER; in case the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, provided that the SELLER is notified; may use the right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal responsibility and without any justification. In distance contracts related to service provision, this period starts from the date of signing of the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consent of the consumer. Expenses arising from the use of the right of withdrawal SELLER’ or belongs. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.

10.2. In order to exercise the right of withdrawal, within 14 (fourteen) days, the SELLER must; either with return commitment; written notice by post, fax or e-mail, and the product's "Items for which the Right of Withdrawal cannot be exercised" regulated in this contract; It is imperative that its provisions have not been used within the framework of it. If this right is exercised,

a) 3rd party or BUYER's; or the invoice of the product delivered, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. refunds will not be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

d) The SELLER, at the latest, from the receipt of the withdrawal notice; Debts the total price and the BUYER within 10 days; the documents that put it under the BUYER’ or to return the goods within 20 days.

e) BUYER’ If there is a decrease in the value of the goods or if the return becomes impossible due to the fault of the SELLER, at the rate of the BUYER's defect, the SELLER's; responsible for compensating for the damages of However, ALICI is not responsible.

 

11. THE RIGHT OF WITHDRAWAL CANNOT BE USED

Buyer's request or openly personal needs prepared in line with and not available for return, interior; Undergarments of clothing, swimwear and bikini bottoms, make-up materials, disposable products, goods that are at risk of perishable or may expire, will be unpacked by the BUYER after they are delivered to the BUYER. Products that are not suitable for return in terms of health and hygiene if not returned, products that are mixed with other products after delivery and cannot be separated due to their nature, those provided under the subscription contract In addition, goods related to periodicals such as newspapers and magazines, services performed instantly in the electronic environment or intangible goods delivered to the consumer instantly, and audio or video; It is not possible to return records, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER as per the Regulation. In addition, before the expiry of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that have been started with the consent of the consumer, as per the Regulation.

Cosmetic and personal care products, for In order to be able to return clothing, swimsuits, bikinis, books, reproducible software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.), their packaging is unopened, untested, They must be intact and unused.

 

12. STATUS OF FAMILIARIZATION AND LEGAL ENDORSEMENT

In case the BUYER makes the payment transactions with a credit card, he/she defaults; Otherwise, the cardholder accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between him and the bank. In this case, the relevant bank may take legal action; may claim the expenses and attorney's fees to arise from the BUYER and under any circumstances, in the event that the BUYER defaults due to its debt, the BUYER accepts, declares and accepts that the SELLER will indemnify the loss and damage incurred due to the delayed performance of the debt. commits

 

13. AUTHORIZED COURT

Complaints and objections in disputes arising from this contract, within the monetary limits specified in the law below, will be made to the arbitral tribunal or to the consumer court, where the consumer's domicile is located or where the consumer transaction is made. Information on the monetary limit is below:

Effective from 28/05/2014:

b) Its value is 3,000,00(threethousand)TL’ Provincial consumer arbitration committees in disputes under

c) Its value is between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL in provinces with Büyükşehir status. In disputes between the parties, an application is made to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

 

14. YÜRÜRLÜK

The BUYER is deemed to have accepted all the terms of this contract when he/she realizes the statement regarding the order placed on the Site. The SELLER is responsible for making the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is executed.