Clarification Text on Protection of Personal Data Regarding Distance Sales Contract and Distance Sales Contract
Distance Sales Agreement
1. Parties to the Contract
1.1. Information Regarding the Seller:
Title: Bahar MUTER - Bahar Öztomek Atelier
E-Mail: Baharoztomek@gmail.com
Phone: 05542895385
Address: Bostanlı, 1795. Sk. 2 A, Karşıyaka/İzmir
Postal Code: 35590
1.2. Information on Consumer/Buyer (*):
Name/Surname/Title
address
Telephone
E-mail address:
(*) In case the buyer is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the buyer acting for commercial or professional purposes; The buyer cannot benefit from the provisions and consumer rights to grant special rights and opportunities to consumers regulated in this Agreement and the law.
2. Subject of the Contract
belongs to the BUYER's SELLER www.baharoztomek.com The provisions of the Law on the Protection of the Consumer (TKHK) No. 6502 and the Regulation on Distance Contracts and the relevant provisions regarding the purchase/sale and delivery of the product(s) whose qualifications and sales price are specified below, and which are ordered electronically from the website (hereinafter referred to as the "SITE"). It is the determination of the mutual rights and obligations of the parties in accordance with all other legal regulations and practices.
3. Contractual Product/s and Product Information:
3.1. Product Attributes:
Product Type/Model
number of products
Sale Price (including VAT)
Forward Price (including VAT)
Subtotal
Shipping cost
Gift Certificate
Cartridge Discount
TOTAL
3.2. Payment and Delivery:
Payment Method and Plan
Delivery address
Delivery Person
Billing address
3.2.1. The BUYER shall pay in cash or in installments via credit or debit card; The products will be delivered to the Delivery Address via MNG Cargo, Aras Cargo or Yurtiçi Cargo company within 30 (thirty) days at the latest from the day the order is sent to the SELLER.
3.2.2. Even if the BUYER or the third person determined by the CONSUMER is not present at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER shall bear the expenses incurred due to any damage caused by the BUYER's late delivery of the product and the fact that the product has been waited in the cargo company and/or the cargo is returned to the SELLER.
3.2.3. If any, the shipping fee, which is the product delivery cost, is not included in the product price; It will be paid by the BUYER.
3.2.4. The SELLER cannot be held liable if the products cannot be delivered within the specified time and/or as promised and due to the BUYER's fault or negligence.
3.2.5. The PARTIES agree that if the following conditions are met by the SELLER, another good of equal quality and price can be supplied to the BUYER:
Understanding that the goods subject to the contract cannot be supplied for a justifiable reason.
Obtaining the consent of the BUYER by informing them in a clear and understandable manner.
3.2.6. In the event that the supply of the product subject to the order becomes impossible, the SELLER shall notify the BUYER in writing or with the permanent data provider within 3 (three) days from the date of learning of this situation and return the total price to the BUYER within 14 (fourteen) days.
3.2.7. If the relevant bank or financial institution does not pay the product price to the SELLER after the delivery of the product due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, the BUYER shall return the product to the SELLER within 3 (three) working days, provided that it has been delivered to the BUYER. has to. In this case, the SELLER does not bear the shipping costs.
3.2.8. If, for any reason, the product price is not paid or the bank payment is canceled after the Preliminary Information Form, which is an integral part of this Agreement, is approved and the Distance Sales Agreement is concluded, until the BUYER informs the SELLER by paying the product price; The SELLER abstains from the obligation to deliver the product.
3.2.9. If the SELLER cannot deliver the product/s subject to the contract in due time due to force majeure, weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it shall notify the BUYER. In this case, the BUYER may use one of the rights to (i) cancel the order, (ii) replace the product(s) subject to the contract with its precedent, and/or (iii) postpone the delivery time until the force majeure/blocking situation disappears. If the BUYER cancels the order, the total amount paid will be paid to him in cash and in full within 14 days. In the payments made by the BUYER by credit card, the product/s amount is returned to the relevant bank within 3 working days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is entirely related to the bank transaction process, the BUYER assumes that it is not possible for the SELLER to intervene in any way for possible delays and the SELLER is responsible for the time it will take to reflect the amount returned to the credit card by the SELLER to the BUYER's account by the bank. He knows and accepts that it is not.
3.2.10. If the products purchased using the cartridge are returned within the scope of the right of withdrawal or the optional rights regarding the defective goods, the relevant point will be returned to the Cartridge exactly.
3.3. Billing Information (**)
Name/Surname/Title
Billing address
(**) The invoice will be delivered with the order to the delivery address at the time of order delivery.
4. General Conditions
4.1. The BUYER declares that he/she has read and learned the basic features, sales price, payment method, delivery and other preliminary information of the product/s on the SITE and gives the necessary confirmation on these issues in electronic environment.
4.2. By confirming the preliminary information, which is an integral part of this Agreement, electronically, the BUYER confirms that before the conclusion of the distance contracts, the address, the basic features of the ordered product/s, the Turkish Lira price of the product/s including taxes, payment and delivery information are correct and complete. it has done.
4.3. The SELLER is responsible for the delivery of the contracted product(s) intact, complete, with the qualifications specified in the order, with warranty documents and user manuals, if any.
5. Right of Withdrawal:
5.1. We undertake that the BUYER has the right to withdraw from the contract by refusing/returning the goods within 14 (fourteen) days from the date of receipt of the goods or the delivery of the goods to the third person / organization at the address indicated without any legal or criminal liability and without giving any reason.
5.2. It is obligatory to send the goods back to the SELLER's product return address specified in Article 1.1 or to the person authorized by MNG Cargo, Aras Cargo or Yurtiçi Cargo within 10 (ten) days from the date of receipt of the withdrawal notification to the SELLER. In case the goods are sent back through the cargo companies with which the SELLER has contracted above, the BUYER will not be held responsible for the costs of the return.
5.3. In order for the right of withdrawal to be exercised, it is stated that this right is used by the SELLER within this period;
In writing to the address of the SELLER in Sultan Selim Mahallesi Eski Büyükdere Caddesi No:53 Kağıthane Istanbul or
with a continuous data carrier info@Bahar Öztomek.com an e-mail to the e-mail address or www.Baharoztomek.com via the Contact form that can be accessed via the link)
will be able to report.
5.4. When the BUYER uses its right of withdrawal;
Invoice of the product delivered to the BUYER or the person designated by the BUYER as the Deliverable Person, (***)
The products to be returned, complete and undamaged, together with their box, packaging and standard accessories, if any, will be sent to the SELLER via MNG Cargo, Aras Cargo or Yurtiçi Cargo company determined by the SELLER within 10 days from the notification of the use of the right of withdrawal.
(***) In case the BUYER is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the contract is issued on behalf of the BUYER acting for commercial or professional purposes, the BUYER's consumer rights are excluded. If he/she wants to return the product, it must be sent with the return invoice to be issued when returning the product. (In case the BUYER is a natural or legal person acting for commercial or professional purposes and/or the invoice of the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes; cannot benefit from the provisions and consumer rights.)
5.5. If the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it will be responsible for the changes and deteriorations that occur.
5.6. In the event that the BUYER exercises its right of withdrawal, the SELLER takes immediate action at the relevant bank to return the product price to the BUYER's bank account or credit card account within 14 (fourteen) days from the date on which the withdrawal notification is received.
5.7. The product that is requested to be returned by using the right of withdrawal will be sent by the BUYER to the address specified by the SELLER free of charge, via MNG Cargo, Aras Cargo and Yurtiçi Cargo companies determined by the SELLER, within 10 (ten) days from the date on which the right of withdrawal reaches the SELLER. The shipping cost of the products sent to the SELLER without a notice of withdrawal shall be borne by the BUYER. In this case, the BUYER knows and accepts that he will pay the said shipping fee.
5.8. The CONSUMER cannot use the right of withdrawal for the following goods or services:
a) Goods produced in line with the special requests of the consumer or his personal needs (including those that are customized to the person / personal needs by making changes or additions);
b) goods that are in danger of perishable or are likely to expire;
c) from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; goods, such as underwear, swimwear or cosmetics, whose return is not suitable for health and hygiene reasons;
d) goods that are mixed with other products after delivery and cannot be separated due to their nature;
e) If the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods, the books, digital content and computer consumables presented in the material environment;
f) goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the seller or the supplier;
g) periodicals such as newspapers and magazines, other than those provided under the subscription agreement;
h) the service of accommodation, transportation of goods, car rental, food and beverage supply and leisure time for entertainment or rest, which must be done on a certain date or period;
i) goods that are mixed with other products after delivery and cannot be separated by their nature;
i) services performed instantly in electronic environment or intangible goods delivered instantly to the consumer and services that are started to be performed with the approval of the consumer before the end of the right of withdrawal with the consumer's approval, and
j) other goods and services considered outside the scope of distance sales pursuant to the relevant legislation.
6. Settlement of Disputes and Competent Court
In the implementation of the contract, the Consumer Arbitration Committees and Consumer Courts in the place where the CONSUMER purchases the product/s and where the residence is located, within the monetary limits specified in Article 68 of the Law on the Protection of the Consumer No. 6502 announced by the Ministry of Customs and Trade.
7. Parties:
SALES PERSON
Spring MUTER
BUYER
DATE
Attachments:
ANNEX 1: Fee Detail Document
FEE DETAIL DOCUMENT
Fee details for the Product(s) subject to the Distance Sales Contract are as follows:
Product Type/Model
number of products
Sale Price (including VAT)
Forward Price (including VAT)
Subtotal
Gift Certificate
TOTAL
Payment Method and Plan
Delivery address
Delivery Person
Billing address
Clarification Text on Protection of Personal Data Regarding Distance Sales Contract
Our dear customer,
As Bahar Öztömek, we respect and attach great importance to the protection of your personal data and the privacy of your private life.
As Bahar Öztömek in the capacity of "Data Controller" pursuant to the Law on Protection of Personal Data No. 6698 ("KVKK"), we would like to inform you about your rights regarding your shopping on the www.baharoztomek.com website ("Site").
What are the Personal Data Collected by Us?
We collect personal data from the following data subject groups regarding the services we provide and within the scope of our activities. We process the personal data in question in accordance with the data processing principles and conditions in the KVKK under all circumstances and in line with the legal reasons specified in this Text.
If you shop from the Site;
Your name and your surname,
E-Mail Address
Your Address, Billing Address, Delivery Address (if different)
Your mobile phone number
Your shopping information such as shopping you will make, shopping date, time and amount, shopping content, product information, payment method
If you do your shopping with a credit card, your credit card information and similar information (transferred to the relevant payment institution without being recorded by Bahar Öztömek)
Logs of your shopping and your IP address
If you make your transactions from the Store, your CCTV camera image will also be processed in addition to the above information.
What is Our Purpose and Legal Reason for Processing Your Personal Data?
As Bahar Öztomek;
Based on the legal reason that data processing is necessary for the performance of the contract; Within the scope of the activities of the relevant departments of Bahar Öztömek, the conclusion of the contract, the delivery of the product you ordered to your address, the issuance of invoices, the receipt of payment, the resolution of your problems and complaints if you contact us, and other purposes related to the performance of the contract,
Based on the legal reason for the fulfillment of the legal obligation; Within the scope of the activities of the relevant departments of Bahar Öztömek, the Law No. 5651 on Regulating the Publications Made on the Internet and Combating the Crimes Committed Through These Publications, the Law No. 6563 on the Regulation of Electronic Commerce, the Law No. 6502 on the Protection of the Consumer, the Turkish Penal Code No. 5237 and the Personal Law No. 6698 To fulfill our obligations arising from the Data Protection Law and other relevant legislation, to provide information, documents and other related obligations to authorized and responsible public institutions and organizations and judicial authorities, to fulfill our other legal obligations, especially information security
Based on the legal reason that data processing is mandatory for the establishment, use or protection of a right, in order to exercise all kinds of lawsuits, replies and objections against official institutions and organizations such as courts, enforcement offices, arbitral tribunals in the scope of the activities of the relevant departments of Bahar Öztömek.
we process your personal data.
We will not use your personal data for any other commercial purpose, except for the cases listed above and listed in Articles 5 and 6 of the KVKK.
What is Our Method of Collecting Your Personal Data?
When you share the above personal data with us during your order on the site, we automatically collect it electronically.
To Whom Do We Transfer Your Personal Data And For What Purpose?
As Bahar Öztömek, we transfer your personal data to third parties only for the purposes specified in this Text and in accordance with Articles 8 and 9 of the KVKK. In this context;
Your contact information regarding your transactions related to your purchases or about your complaints and requests, in order to contact you; your address and contact information, in order to deliver the products you will buy, and information technology services or consultancy that requires expertise, etc. with Bahar Öztömek's business partners and service providers (call center, shipping, database, consultancy, etc. service companies) or Bahar Öztömek's subsidiaries in order to obtain services of Bahar Öztömek, provided that it is used within the scope of the services provided for the purpose of fulfilling
If you prefer to pay for your shopping with a credit card, your credit card information can be submitted to the relevant bank, electronic payment institution, etc. without being recorded by Bahar Öztömek. with third parties providing the service,
Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts, Law No. 6502 on the Protection of Consumers, Turkish Penal Code No. 5237, Law No. 6563 on the Regulation of Electronic Commerce, Turkish Penal Code No. 5237 and Protection of Personal Data No. 6698 With relevant institutions and organizations in order to fulfill our obligations arising from the Law and other relevant legislation,
In order to fulfill our other obligations related to providing information and documents to authorized and authorized public institutions and organizations and judicial authorities, and to use our legal rights such as the right to lawsuit and reply,
we share.
Since the customer relations method system servers we use are located abroad, we transfer your personal data abroad in accordance with the conditions in Article 9 of the KVKK.
As Bahar Öztömek, we take the necessary administrative, technical and legal measures to ensure the security of personal data while transferring your personal data to the above-mentioned third parties in the country and abroad.