BEYMEN CLUB DISTANT SALES AGREEMENT |
This Agreement governs the rights and obligations of the parties regarding the sale, delivery, and other matters related to the products/services (“Product/Products”) that the BUYER wishes to purchase by placing an order on the electronic commerce website (“WEBSITE”) owned by the SELLER at http://www.beymen.com including the transactions made by the BUYER (Consumer) through the application on their mobile device. After the BUYER accepts this Agreement on the WEBSITE, the price and costs of the Product(s) ordered will be charged using the payment method selected.
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Article 1 - PARTIES |
SELLER
Title |
: |
Beymen Perakende Ve Tekstil Yatırımları A.Ş. |
Address |
: |
Ayazağa Mah. Azerbaycan Cad. 3A Blok No: 3/O İç Kapı No: 3 Sarıyer/İstanbul |
E-Mail |
: |
beymenperakende@hs03.kep.tr |
Phone |
: |
0212 335 65 00 |
Mersis No |
: |
66000897500012 |
Tax No |
: |
660008975 |
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BUYER
Name, Surname / Title |
: |
{Name} |
Address |
: |
{ShippingAddress} |
Phone |
: |
{CellPhone} |
E-Mail |
: |
{Email} |
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Article 2 - PRODUCT SUBJECT TO THE AGREEMENT, PRICE, PAYMENT AND DELIVERY |
The subject matter of this Agreement is the determination of the rights and obligations of the Parties with respect to the SELLER's undertaking to sell and transfer the product specified below, which the BUYER wishes to order from the INTERNET SITE, in exchange for full payment of the price specified in this Agreement.
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The type and category of the products (goods/services), quantity, brand/model/colour, unit price(s) and sales price, along with payment (collection) information and delivery details, including the delivery location specified by the BUYER, are as follows: If the shipping company responsible for delivery does not have a branch in the BUYER's location, the BUYER must collect the goods from another nearby branch designated by the SELLER. (The BUYER will be informed of this by email, SMS or telephone). Other matters related to delivery are specified in Article 7 of the Agreement.
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In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this Agreement.
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Product/Service Description |
Price |
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{Products} |
TOTAL ORDER PAYMENT (including VAT) |
{TotalFee} TL |
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{ShipmentTotal} |
{PaymentMethods} |
Delivery Information |
Delivery Address |
: |
{ShippingAddress} |
Delivered to |
: |
{ShippingPerson} |
Delivery Time (Estimated Delivery) |
: |
{DeliveryDate} |
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Invoice Information |
Invoice Address |
: |
{BillingAddress} |
Phone |
: |
{CellPhone} |
E-mail |
: |
{Email} |
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In cases where there is a right of withdrawal, the carrier foreseen by the SELLER for return: Yurtiçi Kargo Servisi A.Ş.
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If the BUYER selects the delivery option from the Beymen Club Store where the product was selected during the order process, the product will be delivered to the delivery point selected by the BUYER by the logistics company responsible for delivering the product to the selected Beymen Club Store within the delivery period specified, provided that such period does not exceed 30 (thirty) days in any case excluding products specified in Article 7.1 of this Agreement as “Pre-Order” or “Made to Order” in accordance with the BUYER's request or personal needs. After the product is delivered to the delivery point, the BUYER shall collect the product within 7 business days between 10:00 and 22:00 using the code sent to the phone number/email address provided by the BUYER on the WEBSITE or during registration. If the BUYER fails to receive the product within this period, the product will be deemed returned and the product price will be refunded to the credit card/bank account used to place the order. If the payment is made in installments, the SELLER pays the full product price to the bank where the BUYER made the payment in a single installment. This amount will be refunded by the bank in installments corresponding to the number of months selected by the BUYER at the time of the order. The process of reflecting the refund in the BUYER's account may take up to three weeks. The reflection of this amount in the BUYER's accounts after its refund by the SELLER to the bank is related to the bank's transaction process, and any delays in this process are not the responsibility of the SELLER.
The BUYER may call the Customer Services number 444 4 700 free of charge to obtain information about their orders and submit complaints, or send a written notification to the email address onlinedestek@beymen.com.
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Article 3 - ISSUES THAT THE BUYER HAS BEEN INFORMED PRIORLY |
The BUYER hereby confirms that they have read and understood all general and specific explanations on the relevant pages and sections of the WEBSITE regarding the following matters prior to the establishment of this Agreement by the BUYER's acceptance on the WEBSITE and prior to placing an order or assuming any payment obligation.
- • The SELLER's title and contact information, along with current identifying information,
- • The stages of the sales process during the purchase of the Product(s) from the WEBSITE, along with appropriate tools and methods for correcting incorrectly entered information,
- • The electronic communication details (Phone: 4440486, www.ito.org.tr) through which the BUYER can obtain information about the Professional Chamber (İTO-Istanbul Chamber of Commerce) to which the SELLER belongs and the professional conduct rules prescribed by İTO,
- • The privacy, data usage, and processing rules applicable to the BUYER's information as applied by the SELLER, the rules for electronic communication with the BUYER, the permissions granted by the BUYER to the SELLER regarding these matters, the legal rights of the BUYER, the rights of the SELLER, and the procedures for exercising such rights,
- • The shipping restrictions imposed by the SELLER for the Products,
- • The payment methods and tools accepted by the SELLER for the Product(s) subject to the Agreement, the basic characteristics and qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related costs),
- • Information regarding the procedures for delivery of the Products to the BUYER and shipping, delivery, and cargo expenses,
- • Other payment/collection and delivery information related to the Products and information regarding the performance of the Contract, the commitments and responsibilities of the parties in this regard,
- • Products and other goods/services for which the BUYER does not have the right of withdrawal,
- • Conditions, timeframe, and procedures for exercising the right of withdrawal in cases where the BUYER has such a right, information regarding the carrier designated by the SELLER for returns, and the consequence of failing to exercise the right within the specified timeframe, resulting in the BUYER losing their right of withdrawal.
- • For Products with a right of withdrawal, if the Product is damaged or altered due to use that is not in accordance with the instructions for use, normal operation or technical specifications within the withdrawal period, the BUYER's request for withdrawal may not be accepted and the BUYER shall be liable to the SELLER in all cases and in cases where the SELLER accepts such damage or alteration, the SELLER may deduct an amount deemed appropriate by the SELLER from the refund to be made to the BUYER,
- • In cases where the right of withdrawal applies, how the Products can be returned to the SELLER and all related financial matters (return methods, costs and refund of the Product price and reward points earned/used by the BUYER during the return, free products in promotional sales, other free/discounted/reduced opportunities provided, and discounts and offsets that can be applied to the gift card without refunding the BUYER, and in cases where this is insufficient, additional charges may be collected from the BUYER as appropriate),
- • If the BUYER is a legal entity, it shall not be entitled to exercise “consumer rights”, including the right of withdrawal, for Products purchased for commercial or professional purposes (e.g. bulk purchases shall in any case be deemed to fall within this category).
- • The Return Card is a virtual card that can be queried via the mobile phone on which the refund is made, depending on the customer's preference, when returning orders and
- • Treasure Card is a card purchased by customers (individual treasure card) and institutions for a specific amount of money to be used for all purchases made at Beymen Club stores or beymen.com.
- • The return card and treasure card are only valid for products sold by Beymen Perakende Ve Tekstil Yatırımları A.Ş. and cannot be used when the company acts as an intermediary service provider.
- • In accordance with its nature, all other terms and conditions of sale included in this Agreement shall be deemed to have been accepted by the BUYER upon approval on the WEBSITE and shall be deemed to have been established upon delivery to the BUYER by email, and shall be retained by the BUYER for the period requested by the BUYER and accessible from there, and shall be retained by the SELLER for a period of three years.
- • Procedures and practices on privacy, personal data and electronic communications,
- • Contact information for the BUYER to submit complaints to the SELLER in case of disputes and that legal claims may be submitted to the District/Provincial Arbitration Committees in accordance with the relevant provisions of the Consumer Protection Law No. 6502 (‘Law’), or to the Consumer Courts, provided that a mediation process is initiated in accordance with Article 73/A of the Law prior to filing a lawsuit.
- • The BUYER can call 444 4 700 Customer Services number free of charge and send written notifications to onlinedestek@beymen.com e-mail address in order to receive information and complaints regarding his/her order.
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Article 4 - RIGHT OF WITHDRAWAL |
The BUYER has the right to withdraw from this Agreement within 30 (thirty) days from the date of delivery of the Product without giving any reason and without paying any penalty.
The BUYER shall notify the SELLER of their right of withdrawal through the “Create Return Request” option in the “My Orders” section of the website. The Seller shall notify the BUYER of the receipt of the withdrawal notice and provide confirmation of such receipt.
However, the right of withdrawal does not apply to contracts relating to the following goods/services, even if they are unused/disposed:
- a. Goods prepared in accordance with the BUYER's special requests or personal needs (including goods that have been modified or added to make them specific to the person/personal needs, and special Products imported/procured from within or outside the country based on the BUYER's order)
- b. Cosmetics, chocolate, and other food items that are perishable or have an expiry date
- c. Cosmetics, swimwear, underwear, and other items whose protective packaging, tape, seals, or packaging have been opened after delivery and cannot be returned for health or hygiene reasons
- d. Goods that have mixed with other products after delivery and cannot be separated due to their nature
- e. Books, CDs, DVDs, audio and video recordings, software and other digital content products with protective elements such as packaging, tape, seals and packaging that have been opened;
- f. all services performed instantly in electronic media and all kinds of intangible goods delivered instantly to the consumer
- g. Goods or services whose price varies depending on fluctuations in financial markets and is not under the control of the seller/supplier
- h. Periodicals such as newspapers and magazines, except those provided under a subscription contract
- i. Services to be performed on a specific date or period, such as accommodation, transportation of goods, car rental, food and beverage supply, and leisure or recreation services
- j. Services for which performance has commenced within the withdrawal period with the BUYER's consent and
- k. Other goods and services that are generally excluded from the scope of Distance Selling in accordance with the relevant legislation, as well as cases where the BUYER has purchased for commercial/professional purposes.
In cases where the right of withdrawal may be exercised, the BUYER shall be liable for any changes or damage that occur during the withdrawal period if the product is not used in accordance with its operation, technical specifications, and usage instructions. Accordingly, if any changes or damage occur due to the Product not being used in accordance with its usage instructions, technical specifications, and functionality up to the date of withdrawal, the BUYER may lose their right of withdrawal; in cases accepted by the SELLER, a deduction equal to the extent of the changes/damage will be made from the refund amount for the returned Product.
In cases where the right of withdrawal applies, it is sufficient for the BUYER to submit a clear statement indicating the exercise of the right of withdrawal to the SELLER and/or the Intermediary Service Provider within the legal 30 (thirty) day period (by means of verbal/written communication or through the system to the contact addresses specified above). If this right is exercised within the specified timeframe, the Product must be delivered to the carrier designated by the SELLER within a maximum of ten (10) days, to be sent to the SELLER's address specified above. The BUYER may return the product to a branch of the shipping company designated by the SELLER for product returns specified in the Distance Sale Agreement and/or Pre-Information Form, located within or outside the district where the BUYER is located. However, if there is no branch of the shipping company designated by the SELLER in the BUYER's location, the BUYER may send the Product using any shipping company.
In this return process, the Product must be delivered complete and undamaged, together with its box, packaging and any standard accessories. For orders where the balance on the return card has been used, the refund amount will be credited to the return card or treasure card according to the card used for payment.
In addition, in accordance with tax legislation, in addition to cases where the BUYER is legally required to issue a Return Invoice, the section relating to returns specified below must be completed and signed on the invoice to be returned with the Product. Return orders for which the invoice is issued in the name of institutions (legal entities) will not be accepted if a Return Invoice is not issued.
Provided that the BUYER complies with the above-mentioned provisions regarding the right of withdrawal and notifies the SELLER of the exercise of the right of withdrawal within the above-mentioned period and in accordance with the legislation, the product price and, if applicable, the delivery costs incurred by the BUYER for the product shall be refunded to the BUYER within 14 days from the date the withdrawal notice is received by the SELLER, using the same payment method used by the BUYER when purchasing the product. However, in the case of multiple orders, if only part of the products in the multiple order are canceled/returned, the delivery costs will not be refunded to the BUYER; if all products are canceled/returned by the BUYER, the delivery costs will be refunded to the BUYER.
The legal rights and obligations of the BUYER regarding the Products after the withdrawal period, as well as the contractual and legal collection and set-off rights of the SELLER regarding the reward points, free/discounted/reduced sales of the BUYER, are also valid and applicable. For BUYERS who are members of The One, if the BUYER exercises their right of withdrawal, the The One points earned during the purchase will be taken back by the SELLER. If the SELLER considers that the performance of the goods/services has become impossible, it shall notify the BUYER in writing or via a permanent data storage device within 3 (three) days of becoming aware of this situation. In such a case, all payments collected, including the amount paid and any delivery costs, shall be refunded to the credit card or bank account used by the BUYER to place the order within 14 (fourteen) days from the date of notification. If the payment is made in installments, the SELLER pays the full product price to the bank where the BUYER made the payment in a single installment, and this amount will be refunded by the bank in installments corresponding to the number of months selected by the BUYER at the time of the order. The process of reflecting the refund in the BUYER's account may take up to three weeks. The reflection of this amount in the BUYER's accounts after its refund by the SELLER to the Bank is subject to the Bank's processing time, and any delays in this process are not the responsibility of the SELLER.
If the product is returned to a selected Beymen Club store, the BUYER will return the product to the selected Beymen Club store within 7 days of receiving the return code, between 10:00 a.m. and 10:00 p.m., in accordance with the conditions approved electronically, after accepting the return conditions from the store via www.beymenclub.com. (The package must be completely sealed and properly packaged, with the return package clearly labeled with the name, surname, ID number, phone number, and shipping code.) Products that are not returned within the 30-day cancellation period and/or defective/hidden defective products will not be accepted for return at any Beymen Club Store. Exchange requests for such products can only be made at Beymen Club stores (excluding outlet stores); such requests will be evaluated in accordance with the consumer rights arising from the Consumer Protection Law.
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Article 5 - SPECIAL TERMS AND CONDITIONS APPLICABLE WHEN THE BUYER EARNS REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE AGREEMENT AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS |
- 5.1. In the event of an existing agreement/contract between the BUYER and the SELLER with an organisation that awards reward points, enabling the reward points to be used for discounts on purchases made on the SELLER's WEBSITE, if the BUYER has earned such reward points as a result of the purchase subject to this Agreement in accordance with the terms of the SELLER's aforementioned agreement and the BUYER's contract with the aforementioned organisation, in cases where this Agreement is terminated or cancelled in any manner, including withdrawal from this Agreement, and a refund is to be made to the BUYER, the value (monetary value) of any reward points, gifts, or similar items earned by the BUYER through the purchase subject to this Agreement shall be recovered from the BUYER.
Unless a different method is specified in the agreement between the SELLER and the relevant organisation, if the BUYER has sufficient alternative reward points available with the aforementioned organisation/system (excluding reward points earned through the purchase subject to this Agreement), the refund shall first be made by deducting such reward points; if no such reward points are available, the refund shall be made by deducting the amount to be refunded by the SELLER from the BUYER's payment.
- 5.2. If the payment for the Product subject to this Agreement is made to the SELLER in part or in full by the BUYER using reward points, etc., in cases where the Product purchased in this manner is to be returned to the BUYER with a refund of the Product price in accordance with the relevant provisions of this Agreement, the reward points and similar items used by the BUYER on the SELLER's website when purchasing the Product may be refunded to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organisation.
- 5.3. In cases where the BUYER is found to have obtained or used reward points unfairly in any way, as a general rule, the monetary value of the reward points in question may be collected by the SELLER from the BUYER (by credit card, cash, or other legal means). This provision also applies to the value of goods gifted to the BUYER by the SELLER as a result of the implementation of such a system.
- 5.4. The procedures for earning and using reward points and similar items, as well as other related matters, are subject to the terms and conditions of the agreements between the relevant organisation and the BUYER and SELLER and in relevant cases, the SELLER may exercise all rights and authorities specified herein or in the aforementioned agreements and contracts on behalf of the BUYER and the organisation, and may also perform the relevant transactions on behalf of and/or for the account of the specified organisation and/or other business premises within the same system.
- 5.5. Cash claims in exchange for reward points, treasure cards, etc. earned from the SELLER or used with the SELLER shall not be accepted under any circumstances or in any form. 5.6. The SELLER shall not be liable for any disputes between the BUYER and the aforementioned entities, nor for any material, legal, financial, or non-financial consequences thereof; the provisions above shall remain valid and binding.
- 5.7. The provisions above shall also apply, mutatis mutandis, to any reward points earned or used by the Consumer directly from the SELLER, if applicable.
All consumers who earn reward points from the WEBSITE/SELLER or use reward points, etc. in their payments to the SELLER, and thus the BUYER, are deemed to have accepted the above special conditions.
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Article 6 - RULES RELATING TO SECURITY, CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS |
The privacy rules, policy and terms set out below apply to the protection, confidentiality, processing, use and communication of information on the WEBSITE.
- 6.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken by the SELLER in its system infrastructure, in accordance with the nature of the information and transaction and within the limits of current technical capabilities. However, since the aforementioned information is entered from the BUYER's device, the responsibility for protecting such information on the BUYER's side and preventing unauthorised access by third parties, including measures against viruses and similar harmful applications, lies with the BUYER.
- 6.2. The BUYER may at any time suspend communications by contacting the SELLER through the specified communication channels regarding the use and/or processing of data, or by exercising their right to refuse through the same channels in accordance with legal procedures, or by using the right to refuse in electronic communications sent to them. In accordance with the BUYER's explicit notification on this matter, personal data processing and/or communications to the BUYER will be suspended within the maximum legal period; additionally, if desired, information other than that which must be retained by law and/or is possible to retain will be deleted from the data recording system or anonymized in a manner that does not reveal the identity of the data subject. If the BUYER so desires, the SELLER shall provide information regarding the processing of personal data, the persons to whom the data has been transferred, the correction of incomplete or incorrect data, the notification of corrected information to relevant third parties, the deletion or destruction of data, object to the emergence of a result against them through analysis by automated systems, and compensation for damages incurred due to the processing of data in violation of the law. Requests and claims regarding these matters will be addressed within the legally prescribed maximum timeframes or may be rejected with a legal justification provided to the data subject.
- 6.3. All intellectual and industrial property rights and ownership rights pertaining to any information and content on the WEBSITE, as well as their organisation, revision, and partial/full use, except for those belonging to other third parties in accordance with the SELLER's agreement, belong to the SELLER.
- 6.4. The SELLER reserves the right to make any changes deemed necessary regarding the above matters; such changes shall become effective as of the date they are announced on the WEBSITE or through other appropriate means by the SELLER.
- 6.5. The privacy and security policies and terms of use of other websites accessible through the WEBSITE apply to such websites, and the SELLER shall not be liable for any disputes or adverse consequences arising therefrom.
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Article 7 - GENERAL PROVISIONS |
- 7.1. The Product subject to the Agreement shall be delivered to the BUYER or to the third party/entity at the address indicated on the WEBSITE within the committed delivery period and in any case within a maximum of 30 (thirty) days, in accordance with the terms and conditions specified below and in Article 2 of this Agreement. However, the delivery period may exceed the aforementioned 30 (thirty) days for Products prepared at the request of the Buyer or in accordance with their personal needs. In this context, the delivery period may exceed 30 (thirty) days for Products with an order status of “Pre-Order” or “Made-to-Order” as specified at the request of the Buyer or in accordance with their personal needs. Therefore, if the Buyer purchases a Product with the status of “Made-to-Order” or “Pre-Order,” the failure to deliver the Product within 30 (thirty) days shall not constitute a breach of the Agreement, and the Buyer shall not be entitled to terminate the Agreement for this reason.
The SELLER shall ship the Products via its contracted shipping company and deliver them. If the shipping company does not have a branch in the location of the BUYER, the BUYER shall collect the Product from another nearby branch of the shipping company as notified by the SELLER.
- 7.2 In general, and unless otherwise expressly stated, delivery costs (shipping costs, etc.) shall be borne by the BUYER. The SELLER may not pass on all or part of the delivery costs to the BUYER in accordance with the campaigns it runs at the time of sale and whose terms and conditions are published on the WEBSITE. In cases where the right of withdrawal is exercised for the entire order or for part of it (if applicable, the portion for which the BUYER has benefited), if the minimum purchase amount for the free shipping (delivery) campaign falls below the threshold, the entire amount of the delivery/shipping fee not collected under the campaign will be deducted from the amount to be refunded to the BUYER (if the BUYER has paid the delivery/shipping fee, this fee will be refunded). Similarly, in cases where the BUYER receives a discount by making a purchase equal to the minimum amount of any SELLER campaign, or receives free (gift) products of the same nature, or wins/uses treasure cards, etc., if the right of withdrawal is exercised for the entire or part of the ordered products, resulting in the total amount falling below the minimum amount, or if the condition for obtaining or using treasure cards, etc., is no longer met, thereby breaching the terms and conditions of the campaign or the conditions for obtaining or using the benefits, the full amount of the discount/rebate (including the value of any gift products, if applicable) shall be deducted from the amount to be refunded to the BUYER, and any remaining amount shall be collected from the payment method used during the purchase (including credit cards, etc.). If the BUYER has earned a gift card, points, etc. (virtual/physical) as a result of the purchase, these will be cancelled. If the gift card, points, etc. (virtual or physical) have been used, the full amount will be deducted from the amount to be refunded to the BUYER. If this amount is insufficient, the remaining amount will be collected as described above. These provisions shall apply mutatis mutandis in all other cases where product returns are applicable, except for defective products, in addition to cases where the right of withdrawal is exercised.
- 7.3. If the BUYER is not present at the address at the time of delivery of the products and the persons at the address refuse to accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the shipping company and track the shipment of the products. If the product is to be delivered to a person or entity other than the BUYER, the SELLER shall not be held responsible for the absence of the person or entity at the delivery address or their refusal to accept the delivery. In such cases, any damages arising from the BUYER's late receipt of the Product, as well as any costs incurred due to the Product remaining with the shipping company and/or being returned to the SELLER, shall be borne by the BUYER.
- 7.4. The BUYER is responsible for inspecting the Product upon delivery and, if any issues arising from the shipping are detected, for refusing to accept the Product and having the shipping company representative prepare a report. Otherwise, the SELLER shall not be held liable.
- 7.5. Unless otherwise specified in writing by the SELLER, the BUYER must have paid the full price of the Product before taking delivery. In cash sales, if the Product price has not been fully paid to the SELLER before delivery, or in installment sales, if the due installment has not been paid, the SELLER may unilaterally cancel the contract and may refuse to deliver the Product. If, for any reason, the bank or financial institution associated with the credit card used for the transaction fails to pay the product price to the SELLER or requests a refund of the amount paid, the product must be returned to the SELLER by the BUYER within 3 days. If the failure to pay the product price is due to the BUYER's fault or negligence, the shipping costs shall be borne by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to claim the product price without accepting the return, in all cases. For the avoidance of doubt; in cases where the BUYER pays the sales price using a credit card or instalment card held by banks (including financial institutions), all facilities provided by these cards are credit and/or instalment payment facilities provided directly by the card issuer. Product sales made within this framework, where the SELLER collects the price in full or in instalments, are not considered credit or instalment sales under this Agreement, but rather cash sales. The SELLER's legal rights in cases where the sale is considered an installment sale under the law (including the right to terminate the contract and/or demand payment of the remaining debt in full with default interest in the event of non-payment of installments) are reserved and remain in effect in accordance with the relevant legislation. In the event of the BUYER's default, default interest shall be applied at the monthly rate provided by the applicable laws.
- 7.6. If the product cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire) outside the normal sales/delivery conditions, the SELLER shall inform the BUYER about the delivery. In such a case, the BUYER may cancel the order, place an order for a similar product, or wait until the extraordinary circumstances have ended.
- 7.7. If the SELLER determines that it cannot supply the Product subject to the Contract for any reason, it shall notify the BUYER in writing within three (3) days of becoming aware of such situation and obtain the BUYER's written consent, and may supply another product/service of equivalent quality and price and shall be deemed to have fulfilled its obligation under the Contract in this manner. The BUYER is free to grant or withhold such approval, and in the event of refusal, the contractual and legal provisions regarding order cancellation (termination of the Contract) shall apply.
- 7.8. In the event of order cancellations and contract terminations in accordance with the contract and the law, if the product price has been collected, it shall be refunded to the BUYER within a maximum of 14 days. The following rule shall apply. The refund shall be made in a manner appropriate to the payment method used by the BUYER to pay the product price to the SELLER. For example, in credit card payments, the refund will be made to the BUYER's credit card. In orders where the balance on the treasure card was used, the refund amount will be made to the treasure card or the card used for the payment, depending on the card used. In the case of payment by credit card, the product amount will be refunded to the relevant bank within the same period after the order is cancelled by the BUYER. since the reflection of this amount in the BUYER's account after the refund process is completed by the SELLER is entirely dependent on the bank's processing time, the BUYER hereby accepts that the SELLER cannot be held responsible for any delays (it may take up to three weeks for banks to reflect the refund in the BUYER's account). The refund of the amount paid using the refund card will be credited back to the refund card, and the refund of the amount paid using the treasure card will be credited back to the treasure card. The BUYER may use the balance on this card at any time to place an order through the www.beymen.com website or purchase products from a Beymen Club store. The SELLER has the right to offset, discount, and reduce the amount to be refunded in accordance with this Agreement and the law, and such rights are reserved. The BUYER's legal rights in cases where the Agreement is terminated by the BUYER due to the SELLER's failure to perform its obligations are also reserved and valid.
- 7.9. The BUYER may submit any requests or complaints regarding the Product and sale to the SELLER verbally or in writing through the communication channels specified in the introduction section of the Agreement.
- 7.10. Some of the matters set forth in Article 3 above may not be included in this Agreement due to their nature; however, they are included in the Pre-Information displayed/approved by the BUYER on the WEBSITE, as well as in the information pages/sections of the WEBSITE --depending on the relevant sales stage or general information.
- 7.11. The BUYER may access and review the aforementioned Information and this Agreement at any time by saving and storing the email (mail) sent to the email address provided upon acceptance. Additionally, the information is retained in the SELLER's systems for a period of three years.
- 7.12. In the resolution of any disputes arising from this Agreement and/or its implementation, the SELLER's records (including magnetic media records such as computer and audio recordings) shall constitute evidence; the parties' rights arising from relevant mandatory legal regulations in this regard shall remain valid and reserved.
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Article 8 - BUYER'S LEGAL APPLICATION PROCEDURES - COMPETENT JURISDICTIONS |
In the event of any disputes arising from this Agreement, the Provincial and District Consumer Arbitration Boards shall be competent and authorised within the monetary limits determined and announced annually by the Ministry of Trade in accordance with the law, and in cases exceeding these limits, the Consumer Courts shall be competent and authorised. The BUYER may, within this framework, apply to the Arbitration Boards located at their place of residence (domicile) or, subject to the condition of prior mediation in accordance with Article 73/A of the Law, to the Consumer Courts.
The BUYER acknowledges that they have read all the terms and conditions and explanations set forth in this Agreement and in the order-contract pre-information (on the WEBSITE), including the basic characteristics and qualities of the Product(s) subject to sale, the sales price, payment method, delivery conditions, the SELLER and all other preliminary information and disclosures regarding the Product subject to sale, and the right of withdrawal personal information, electronic communication and reward points conditions, as well as all matters set forth in Article 3 of this Agreement, has seen all of the above on the WEBSITE in electronic format, and by electronically confirming, approving, accepting, and consenting to all of the above, hereby accepts and declares that they have placed an order for the Product and agree to the terms and conditions of this Agreement.
Both the aforementioned preliminary information and this Agreement are sent to the email address provided by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the aforementioned email along with a summary of the order.
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Article 9 – ENFORCEMENT |
This Agreement, consisting of 9 (nine) articles, has been read by the Parties, approved electronically by the BUYER on the date of execution, and has entered into force.
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