ARTICLE 1- PARTIES
1.1- SELLER :
Title: Aysira Tekstil Sanayi Ticaret A.Ş.
Address: Sırrıpaşa Mah. Denizciler Cad. No:234 Derince / Kocaeli
Telephone: 0 262 223 70 13
E-Mail: info@aysira.com
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ARTICLE 2- SUBJECT MATTER - Distance Sales Contract
The purpose of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the https://www.aysirashop.com website of the SELLER.
The buyer agrees and declares in accordance with provisions of this contract that he/she the buyer is informed expressly by the seller of name, title, full address, telephone and other contact information of the seller, main features of the good subject to the contract, sale price including the taxes, payment method, delivery conditions and expenses, all preliminary information with respect to the good subject to the contract and use of the right to “renege” and how to exercise this right, official authorities to whom complaints and objections can be submitted, etc., that it has confirmed electronically this preliminary information, and then that it has placed an order in accordance with the internet environment.
Preliminary information included on https://www.aysirashop.com website together with the invoice that is issued by the buyer upon placing the order are integral parts of this present contract.
ARTICLE 3- SUBJECT MATTER OF CONTRACT Product/Payment/Delivery Information
The type, quantity, brand/model, sale price, payment method, recipient, delivery address, invoice information, shipping fee of the product/products obtained in electronic environment are as follows. The person who will be charged with an invoice and the person concluding the contract and the person collecting the product on the delivery point must be the same person. The following information must be accurate and complete. The buyer agrees to entirely cover the damages that will arise from the cases where this information is not accurate or complete and also to have the responsibility that may arise from this case.
In the event the information provided by the BUYER is not consistent with the reality, the SELLER reserves the right to suspend the order if the seller deems it necessary. In cases where the SELLER identifies an issue with the order, the seller shall freeze the effect of the order for a period of 15 (fifteen) days if the seller cannot contact with the BUYER from the telephone, e-mail and mail address the BUYER has provided previously. The BUYER is expected to contact with the SELLER within that period with respect to the matter. If no response is received from the BUYER during that period, the SELLER shall cancel the order in order for both parties not to incur a damage.
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ARTICLE 4- Contract Date and Force Majeure
The Contract date is ../../...., which is the date when the buyer has placed the order.
The cases, which are not in question or unanticipated on the contract date and which occur beyond the control of the parties and which make it impossible for either party or both parties to fully or partially perform or timely fulfil the liabilities and responsibilities they have under the contract, shall be deemed to be force majeure (natural disaster, war, terror, uprising, amended legislation, seizure, strike, lockout, a substantial failure in production and communication facilities, etc.). The party who is affected from the force majeure shall immediately and in writing inform the other party of the circumstance.
During the continuation of force majeure, the parties shall have no liability for non-performance of their obligations. If status of such force majeure continues for a period of 30 (thirty) days, either party shall have the right to unilaterally terminate.
ARTICLE 5- Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to completely perform the obligations it has under the contract in accordance with the provisions of the Law No. 4077 on Consumer Protection and the Regulation on Distance Contracts, except in force majeure events.
5.2. People under the age of 18 (eighteen) may not shop at https://www.aysirashop.com. The seller shall assume that the age expressed by the buyer in the contract is true. However, responsibility may not be put on the seller because of the buyer’s mis-writing his/her age.
5.2. https://www.aysirashop.com shall not be responsible for incorrect price due to system errors. Accordingly, the seller is not responsible for the promotional errors, incorrect prices that may occur due to website system, design or illegal interference with the website. The buyer may not claim any rights from the seller based on system errors.
5.3. Shopping can be carried out on https://www.aysirashop.com by credit card (Visa, MasterCard, etc. ) or bank transfer. Orders payment of which is not transferred within a week from the order date shall be cancelled. The processing time of the orders is not the moment they are placed but the moment when necessary collection is made from credit card or remittance is received by bank accounts. Payment methods carried out without contacting customer service such as collect shipment or postal check shall not be accepted.
ARTICLE 6- Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to fully perform the obligations it has under the contract, except for force majeure events.
6.2. By placing an order, the Buyer agrees and undertakes that he/she shall be deemed to have accepted provisions of this present contract and that it shall make payment in accordance with the payment method specified in the contract.
6.3. The buyer agrees and declares that he/she is informed from https://www.aysirashop.com website expressly of name, title, full address, telephone and other contact information of the seller, main features of the good subject to the contract, sale price including the taxes, payment method, delivery conditions and expenses, all preliminary information with respect to the good subject to the contract and use of the right to “renege” and how to exercise this right, official authorities to whom complaints and objections can be submitted, etc., and that he/she has confirmed this preliminary information on the internet environment.
6.4. Subject to the previous article, the Buyer declares that the Buyer has read and is informed of https://www.aysirashop.com order/payment/usage procedure, where product order and payment terms, product instruction manual, measures taken against the potential circumstances and warnings made are all included, and that the buyer has given the necessary confirmation electronically.
ARTICLE 7- Order / Payment Procedure Order:
The amount (Total installment amounts in installment transactions) in TRY of the products that are added to the shopping cart shall be taken into process over the relevant bank’s card pos device upon confirmation by the buyer.
Any failure in the process or issues that may arise with respect to credit card shall be notified to the buyer by using one or more of telephone/fax/e-mail means specified by the Buyer in the contract. If necessary, the buyer may be asked to contact with the bank. The processing time of the orders is not the moment they are placed but the moment when necessary collection is made from credit card or remittance is received by the seller’s accounts.
In case it is understood that the contract goods cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, the buyer shall be immediately informed in a clear and understandable way, and in case of the buyer’s approval, another product of equal quality and price can be sent to the buyer, or a new other product may be sent to him/her in line with the desire and option of the buyer, or it may be waited for the product to enter the stock or for the obstacle preventing delivery to be removed and/or the order may be cancelled.
In cases where the fulfillment of the liability to deliver the good or service subject to the contract becomes impossible, the buyer must be informed of this situation and the total price paid by the buyer and any documents that burden the buyer with debt must be returned to him/her within ten days at the latest, and the contract shall be cancelled. In such a case, the buyer shall not claim any additional pecuniary and non-pecuniary damages from the seller.
Payment:
On https://www.aysirashop.com, buyers who do not want to use their credit card information online are offered the opportunity to order by cash transfer. In payment by remittance, the buyer can choose the bank that is appropriate for him/her and effect the transfer. If EFT has been made, the date of deposit in the account shall be taken into account. While carrying out remittance and/or EFT, it is required that “Sender Information” is the same as the Invoice Information and that order number is written.
In case the bank or financial institution does not pay the price of the product to the Seller for the reason that the credit card belonging to the Buyer is used in an unauthorized way or unlawfully by unauthorized persons without the fault of the Buyer, after the delivery of the product, Buyer is obliged to send the product back to the Seller within 10 days. In such cases, delivery charges shall be covered by the Buyer.
If the Buyer has preferred to make payment by a credit card, he/she declares and undertakes that he/she shall separately confirm the relevant interest rates and information with regard to default interest from its bank and that provisions with regard to interest and defaults interest shall be applied under the “Credit Card Agreement” between the Bank and the BUYER in accordance with the applicable legislation provisions.
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