ARTICLE 1 PARTIES
1.1- SELLER
Company Name
: ELIPHE
Address
: İçerenköy Mah. Yeşilbelde Sok. No:8
Phone
: +90 542 833 83 32
Email Address
: [email protected]
1.2- BUYER
Name/Surname/Title
:
Address
:
Phone
:
Email Address
:
ARTICLE 2 SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection regarding the sale and delivery of the product/products specified by the code, name, quantity, and selling price in the order placed by the CUSTOMER on the website www.eliphe.com.tr through electronic means.
ARTICLE 3 DETERMINATION OF PRODUCT, PAYMENT, AND DELIVERY TERMS
3.1- PRODUCTS
The basic features of the goods or services are available on the website www.eliphe.com.tr.
The listed prices on the website are the selling prices. The announced prices and promises are valid until they are updated or changed. The prices announced for a specified period are valid until the end of the specified period.
All taxes of the subject of the contract goods or services are included in the selling price.
3.2- DELIVERY METHOD AND PLAN
Delivery Address
:
Recipient
:
Invoice Information
:
Product shipments will be initiated by ELIPHE within a maximum of 2 business days after the products are supplied. Shipping is free for orders over 150 TL. For orders below 150 TL, the shipping cost, which is the product delivery cost, will be paid by the BUYER.
3.3 DEFAULT INTEREST
No default interest shall be applied by the SELLER as the payment is made in advance or by credit card.
ARTICLE 4 GENERAL PROVISIONS
4.1) The BUYER declares that they have read and understood the basic characteristics of the product, the selling price, the payment method, and the delivery information related to the product ordered on the website www.eliphe.com.tr before the conclusion of the distance contract. By confirming this Preliminary Information electronically, the BUYER confirms that they have obtained the correct and complete information about the address to be given to the BUYER before the conclusion of the distance contracts, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information.
4.2) The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information provided 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.
4.3) The SELLER shall not be held responsible for the non-delivery of the product to the BUYER due to any problems encountered during the delivery of the product by the shipping company.
4.4) The SELLER is responsible for delivering the subject of the contract goods in sound, complete, in accordance with the specified qualifications in the order, and with the warranty certificates and user manuals, if any.
4.5) The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the performance obligation arising from the contract expires.
4.6) If the seller is unable to fulfill their contractual obligations due to the impossibility of delivering the ordered product or service, they shall notify the consumer of this situation before the expiration of the performance obligation under the contract and refund the total amount to the BUYER within 10 business days.
4.7) It is a requirement that this Pre-Information Form is confirmed electronically for the delivery of the product. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed released from the obligation to deliver the product.
4.8) If, after the delivery of the product, the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized use of the BUYER's credit card by unauthorized persons, not caused by the BUYER's fault, the BUYER must return the product to the SELLER within 3 days of receipt. In this case, the shipping costs belong to the BUYER.
4.9) If the SELLER is unable to deliver the contractually agreed product within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, they are obliged to inform the BUYER about the situation. In this case, the BUYER may exercise one of their rights, which include canceling the order, replacing the product with a similar one if available, and/or postponing the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded in cash within 10 days. In the case of payments made by credit card, the product amount will be refunded to the relevant bank within 7 days after the BUYER cancels the order. The reflection of this amount into the BUYER's accounts is entirely related to the bank transaction process, and the BUYER acknowledges in advance that the SELLER cannot intervene in any way in possible delays and that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 5 REFUND PROCEDURE
· In cases where the CUSTOMER exercises their right of withdrawal or in cases where the product cannot be supplied for various reasons or a decision is made by the arbitration board to refund the amount to the CUSTOMER, the SELLER will refund the full amount collected to the credit card used for the payment within 14 days. The bank refunds the payment to the CUSTOMER's credit cards in installments, as many installments as the CUSTOMER used to purchase the product. If the refund date does not coincide with the card's statement closing dates, one refund will be reflected on the card each month, and the CUSTOMER will receive the installment payments they made before the refund after the installments of the sale are completed, for as many months as the number of installments paid before the refund, and they will be deducted from their current debts.
· In the case of returning purchased products, the SELLER will refund the full amount collected to the credit card used for the payment in a single transaction. The bank refunds the payment to the CUSTOMER's credit cards in installments, as many installments as the CUSTOMER used to purchase the product. If the refund date does not coincide with the card's statement closing dates, one refund will be reflected on the card each month, and the CUSTOMER will receive the installment payments they made before the refund after the installments of the sale are completed, for as many months as the number of installments paid before the refund, and they will be deducted from their current debts.
The CUSTOMER acknowledges that they have read and accepted this procedure.
CLAUSE 6 RIGHT OF WITHDRAWAL
BUYER: In distance contracts for the sale of goods, the buyer may exercise the right of withdrawal by rejecting the goods without assuming any legal or penal liability, and without providing any justification, within 14 (fourteen) business days from the delivery date of the product to themselves or to the person/organization at the specified address. In distance contracts for the provision of services, this period starts on the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the provision of the service has begun with the consumer's consent before the expiration of the withdrawal period. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. In order to exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within the 14-business day period, and the product must not have been used within the framework of the provisions of Article 5. In case of exercising this right,
a) The invoice of the product delivered to a third party or to the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed if a RETURN INVOICE is not issued.)
b) The letter of withdrawal specified when exercising the right of withdrawal,
c) The box and packaging of the products to be returned, along with any standard accessories, must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price and the documents that put the buyer under debt to the BUYER within a maximum of 10 days from the receipt of the withdrawal notification and to take back the goods within 20 days.
e) If there is any decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER shall be liable to compensate for the damages incurred by the SELLER in proportion to their fault. Products with personalized measurements and products cannot be returned by the SELLER. The products to be returned when exercising the right of withdrawal must not have been used.
f) If the total amount eligible for using the Shopping Voucher issued by the SELLER falls below the threshold due to the exercise of the right of withdrawal, the amount of the Shopping Voucher utilized within the campaign will be canceled.
CLAUSE 7 DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest to the cardholder bank in accordance with the credit card agreement between the cardholder and the bank, and be liable to the bank. In this case, the relevant bank may resort to legal remedies, request the expenses and attorney's fees from the BUYER, and in any case, the BUYER acknowledges, declares, and undertakes to pay the damages incurred by the SELLER due to the BUYER's default in fulfilling their debt.
CLAUSE 8 COMPETENT COURT / EFFECTIVENESS
In the implementation of this agreement, Consumer Arbitration Committees established by the Ministry of Industry and Trade up to the announced value or Consumer Courts in the place of residence of the BUYER or the SELLER shall have jurisdiction. They are the authorities to which the BUYER may apply.
By placing an order, the BUYER is deemed to have accepted all the conditions of this agreement.
This Agreement is made for commercial purposes.
SELLER:
ELIPHE
BUYER:
DATE: