Constractual Prior Knowledge
DİMBA İÇ VE DIŞ TİCARET ANONİM ŞİRKETİ- CONTRACTUAL PRIOR KNOWLEDGE
For your order to our electronic commerce site www.macchinga.com , the point in question is your arranging a Distant Sales Contract (''Contract'') . Our contact info is as follows:
Yeni Mahalle Mah. Galeri Cad. No: 10/1 Küçükköy / Gaziosmanpaşa / İstanbul
Central Registration System No:
Technical stages-steps regarding the purchase of commodities/services (''Product/Products'') subject to the order by you, our valuable BUYER(including the ones done on the application on your mobile device), that you will order from our Site we will refer to as INTERNET SITE from now on and thus, the carrying out of order-Contract, also technical tools aimed at the determination- correction of errors during your information entrance have been specified in the relevant pages(by enabling you to carry out procedures in accordance with the warning messages appearing before you) during procedures so far. If there is an error in the information(data) entrance regarding your order on the INTERNET SITE, you can proceed by making corrections in accordance with the warning message; you can also terminate errors likely to occur while entering your payment information in the same way. You can contact our Customer Service through the phone no 0850 215 16 90 for data input errors you notice after the completion of the payment.
In case there is no branch of the courier firm to carry out the delivery in the area where you are, you need to receive the Product from another close branch that we will specify to you.
When the BUYER approves of the Contract, the cost and expenses of the Product(s) he/she ordered specified on this page will be received from him/her via the payment method selected by him/her.
The BUYER has the right to withdraw from the order- Contract without demonstrating any reason and paying any penal clause within fourteen (14) days from the date he/she receives the Product.
However, legally, in contracts regarding some particular commodities/services, there is no right to legally withdraw even if those commodities/services were not used/benefited from. You can see below (*) the commodities and services in question.
In situations where you can legally withdraw, the BUYER is legally responsible for appearing changes and malfunctions due to the fact that the commodity was not used in accordance with its operation, technical qualities and usage instructions within the withdrawal period; he/she may lose the withdrawal right regarding the Product for this reason; we also have the right to make a discount from the price of the Product as much as the alteration/malfunction in case we discreetly accept it.
In the case of withdrawal, the relevant Product has to be sent back within ten(10) days at most; it is possible to send it back to us from the branches, our contractual courier firms(the one that delivered the Product to the BUYER or another close one).
Open notification regarding the withdrawal can be made to our contact addresses above through the media such as letters, electronic mail,phone. In the case of exercising this right, you need to send us not only the specified notification, but also a copy of cargo delivery record and waybill/return of the original invoice(pursuant to tax legislation). In Product returns with invoices drawn up for institutions, you need to create a return invoice, also need to send to us the Products to be returned with the boxes, packages, standard accessories if available complete and undamaged.
Not only the right of withdrawal cannot be benefited from in circumstances where the right of withdrawal has not legally been pre-determined, but also the BUYER loses his/her right of withdrawal in cases where this right is not exercised duly and on time.
Provided that the BUYER fulfills the above-specified requirements duly and on time, the price of the Product and delivery expenses of the Product,if available, are returned back to the BUYER in an appropriate way to the payment method he/she used while buying the Product within 14 days from the date when the withdrawal notification reaches our Company. However, in circumstances where the right of withdrawal is used for all products subject to the order and in circumstances where it is used for a part of them(the ones that the BUYER benefits from), in the event that the minimum amount of the free shipment(delivery) campaign and/or discount campaign(free of charge;in other words, being able to buy a gift product is in this sense, like buying 3 and paying 2) is dropped under, our Company will return all the price of delivery-cargo not collected and discount rate(likewise, the price of the product free of charge) to the BUYER, it collects it from the amount and the BUYER(In case the price of delivery-cargo has been collected, this price is returned and not collected); if there is a GIFT CERTIFICATE the BUYER obtained(cyber or physical) as a result of his/her shopping, all of it is cancelled, if there is a gift certificate,etc. that he/she uses(cyber/physical), the whole amount of this is collected from the amount to be returned and is taken back.
These provisions are also carried out in all other situations where the product is returned, excluding defective products, as well as in circumstances where the right of withdrawal is used. Our company also has and reserves contractual and legal rights from the BUYER including collection rights also valid for monetary values of every kind of reward score,etc. won by the Buyer on the INTERNET WEBSITE and/or used for discount,etc. in the payment of the price of Product in the cases of legal withdrawal and other cancellations of order-Contract.
(*) Commodities and services for which the legal right of withdrawal cannot be used: a) Commodities prepared in accordance with special wishes or personal needs of the BUYER(those converted into specific ones to the individual/individual needs by making changes/additions, including special products imported/supplied from the domestic and foreign market due to the order of the BUYER) b) Goods such as cosmetics,etc. and food like chocolate,etc. that can deteriorate and expire quickly c)goods such as cosmetics, swimsuits, lingerie,etc. with return not appropriate for health-hygiene and whose protective elements such as packages, tapes, seals, wrappings were opened after delivery d) goods that mixed with other products after delivery and not possible to separate by their nature e)every kind of product with digital content and computer consumables such as CDs, DVDs, records of voice and images, softwares,etc. whose protective elements such as packages, tapes, seals, wrappings have been opened; vi) all services conducted in the electronic environment and all kinds of intangible commodities instantaneously delivered to the BUYER f)commodities and services not under the control of the seller or supplier with prices changing according to fluctuations in the market g)periodicals such as newspapers and magazines excluding the ones provided within the scope of the subscription agreement h) the services of leisure such as accommodation, transport of goods, car rental, supply of food-drink, entertainment and rest needed to be done on a particular date or in a particular period i) services with conduction commenced within the period of withdrawal with the approval of the BUYER and j) other goods- services accepted in general outside the scope of distant sales pursuant to the relevant regulations and circumstances where the BUYER realizes transactions for commercial/occupational purposes.
Current rules-conditions valid for our Company and the BUYER regarding process security, protection, privacy, procession-usage of data, commercial electronic communication on the INTERNET SITE are presented for your information below. The BUYER can, whenever he/she wishes, contact and consult our Company about such issues through the communication media specified.
Our Company is a member of Istanbul Chamber of Commerce (ITO), electronic communication information of ITO, where you can learn the occupational codes of conduct is as follows: (www.ito.org.tr, Phone: 444 0 486).
You may not only agree to and accept the notifications above-below and the Contract on the INTERNET SITE and can record these on your device and keep them and access them whenever you want as we will send them to your email(mail) address you specified with your order confirmation following your agreeing to and acceptance, but you can also access them on systems within our Company since they will be kept there within the framework of the relevant legislation and for three years at most.
DİMBA İÇ ve DIŞ TİCARET ANONİM ŞİRKETİ
Central Registration System No
Yeni Mahalle Mah. Galeri Cad. No:10 / 1 Küçükköy / Gaziosmanpaşa / İstanbul
IBAN (TRY) TR32 0006 2000 6650 0006 2984 25
IBAN (TRY) TR52 0004 6013 6288 8000 0193 74
IBAN (USD) TR73 0004 6013 6200 1000 0193 75
IBAN (EUR) TR23 0004 6013 6203 6000 0193 76
NAME - SURNAME / TITLE
ORDER-PRODUCT SUBJECT TO THE CONTRACT, PRICE, CONDITIONS OF PAYMENT AND DELIVERY
Types and Kinds, Amount, Brand/Model/Colour, Unit Price(s), Sale Price and Payment (collection) Information and Delivery Information of Products (goods/services), including the delivery place the BUYER specified are as follows. In the event that the courier firm to make the delivery has no branch where the BUYER is, the BUYER needs to receive the product from another close branch to be specified by the SELLER (The required notification will be sent to the BUYER about this issue through email/mail, SMS or phone). Other rules regarding delivery are as follows.
UNIT PRICE PIECE TOTAL (TL / USD / GBP)
xxx JEAN / xxx / xxx 1
ORDER PROCESS AND SHIPMENT - CARGO FEES
ORDER PAYMENT TOTAL (VAT INCLUDED)
PAYMENT METHOD-MEANS: BANK NAME INFORMATION / ONE-TIME PAYMENT / INSTALLMENTS
Phone: (xxx) xxx xx xx - (xxx) xxx xx xx
Phone: (xxx) xxx xx xx - (xxx) xxx xx xx
The Product subject to the order is delivered to the BUYER/to the third party/organization at the above address the BUYER specified within the basics specified below provided that the legal period of 30 days is not transgressed.
The SELLER sends Products and has them delivered through the contractual courier firm for shipments. In the event that this cargo company does not have a branch in the location of the BUYER, the BUYER shall receive the Product from the other branch of the cargo company which is notified by the SELLER.
The products in stock are delivered to the cargo within three (3) working days at most from the date of the order. However, if there are Products within campaign in the same order, the end of the campaign is awaited and subsequently, in 3 (three) working days at most, all Products subject to the order are given to the courier firm in order to be delivered to the person and address specified by the CONSUMER during ordering. Courier Firms, although it depends on the distance, transport the shipment received from the SELLER to the BUYER averagely within 2(two) working days under normal circumstances.
Delivery expenses(cargo fees,etc.), in general and unless clearly stated otherwise, belong to the BUYER. The SELLER may not reflect all or a part of the delivery expenses in question to the BUYER, depending on the campaigns conducted at the time of the sale, the conditions of which are announced on the INTERNET SITE.
In the event that the BUYER is not personally at his/her address during delivery and persons at the address do not accept the delivery, the SELLER will be regarded as having fulfilled his obligation about this issue. It is within the responsibility of the BUYER to track and ensure the shipment of the goods by contacting the courier firm in the event that there is no one at the address to receive the delivery. If the Product is to be delivered to another individual/organization than the BUYER, the SELLER cannot be held responsible for the fact that this individual/organization is not at the address or does not accept the delivery. In such cases, all damages emanating from the fact that the BUYER received the Product later than required and expenses emanating from the fact that the Product had to wait in the courier firm and/or the fact that cargo has been returned to the SELLER also belong to the BUYER.
Each person to receive the Product is obligated to check the delivery the moment he/she receives it and to not accept the Product if he/she sees a problem in the Product emanating from the cargo and to have the courier firm official write a statement down. Otherwise, the SELLER will not accept any liability.
The BUYER has to have wholly paid the sale price before receiving the Product,including expenses. In the event that the sale price has not wholly been paid to the SELLER before the delivery in cash sales, that the amount of installation due is not paid in installments sale, the SELLER may cancel the contract unilaterally and may not deliver the Product.
In the event that the Bank/financial organization of the credit card of transaction does not pay the Product value to the SELLER for any reason after Product delivery or demands back the value paid, the Product is returned to the SELLER by the BUYER in 3 days at most. If the nonpayment of Product value emanates from an unjust instruction or objection to the Bank by the BUYER or a mistake or negligence, cargo fees will be paid by the BUYER. All other contractual- legal rights of the SELLER are also and at all costs reserved including the tracking of the receivable of the product value without accepting the return, taking into account the products with return non-negotiable.
In order not to create confusion, it should be stated that in the cases where the BUYER pays the sale price through credit cards, installment cards,etc. from banks(including financial organizations), all opportunities granted by such cards are the opportunities of loan and/or opportunities of payment by installments provided directly by the organization that is the issuer of the cards; Product sales occurring within this framework with price collected by the SELLER in lump sums or step by step are cash sales for the parties of this Contract, not sales on credit or sales in installments. Legal rights of the SELLER in circumstances that are regarded lawfully as sales in installments(including the cancellation of the contract in the cases of nonpayment of installments and/or the right to demand the payment of all remaining debts together with the default interest) are available and reserved within the framework of the relevant regulations. In case of the default of the BUYER, monthly default interest is collected in the way that laws in action require.
What is delivery on time is the delivery of the Product to the BUYER in 30 days, that is the legal maximum duration. In case the delivery does not occur within 30 days, that is the legal maximum duration, due to extraordinary conditions outside normal sales/delivery terms(such as adverse weather conditions, traffic jams, earthquakes, flood, fires), the SELLER lets the BUYER know about the delivery by contacting him/her through available contact information. In this case, the BUYER can cancel the order, order a similar product, or wait until the extraordinary condition ends.
In case it is understood that the SELLER will not be able to supply the Product subject to the Contract, he/she may notify the BUYER clearly through the same media within three(3) days from the date that he/she finds this situation out, may supply another commodity/service at the equal quality-cost provided that he/she receives oral/written confirmation of the BUYER and is regarded as having fulfilled his/her obligation subject to the Contract in this way. The BUYER is free in every way in giving and not giving the confirmation in question and in cases that he/she does not give confirmation, contractual-legal provisions regarding the cancellation of the order (cancellation of the Contract) are carried out.
RULES FOR SAFETY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
In the protection, privacy, procession-usage of data on the INTERNET SITE and communications and in other issues, privacy rules-policy and conditions with current basics specified below are valid.
Measures necessary for the safety of information and procedures conducted by the BUYER on the INTERNET SITE have been taken by the SELLER to the extent of today's technical opportunities, in the system infrastructure in accordance with the nature of information and procedures. Nevertheless, the conduction of the required measures, including the ones regarding viruses and similar damaging applications, belongs to the BUYER in order for the relevant information to be protected by the BUYER and not to be accessed by non-relevant persons when it is processed on the device of the BUYER.
The personal data given by the BUYER in similar fashion and permissions-confirmation concerning commercial,electronic communications and the membership of the BUYER to the INTERNET SITE and the information obtained during his/her shopping by confirmation may be recorded, kept in printed/magnetic archives, updated if regarded necessary, shared, transferred, handed down, used and processed in similar fashion by the SELLER indefinitely or for a projected period of time in the presence of the ones specified or his/her successors for the purpose of providing various products/services through associates available or in the future of xx inc. he/she is in, its affiliated companies, partners, successors and/or through third parties/organizations determined by these and for electronic or other commercial-social communications to be done for all kinds of notification, communication, advertisement-introduction, promotion,sale,marketing,store card,credit card and membership application. These data may also be forwarded to the relevant Authorities and Courts in lawfully required circumstances. The BUYER has agreed to and allowed the use, share,procession of available and new personal-nonpersonal information belonging to him/her in the above scope pursuant to the regulations for the protection of personal data and the regulations for electronic commerce and electronic communications, commercial and noncommercial, and other communications directed to him/her.
The BUYER may stop data use-processing by contacting the SELLER through specified media of communication and/or stop communications for once and all by contacting in specified fashion or using the right of refusal in electronic transmissions sent to him/her. According to the explicit declaration by the BUYER regarding this issue, personal data procedures and/or communications to him/her are stopped in the legal maximum duration; also if he/she wishes, all data belonging to him/her is deleted from data record system excluding the ones required to be lawfully kept and/or possible to be lawfully kept or is anonymized in the way that the identity will not be clear. If he/she wishes, the BUYER may always apply to the SELLER and receive information from him/her regarding issues of correction of all procedures with respect to the processing of his/her personal information, the persons this information was handed down to, in case it is incomplete or wrong, regarding the notification of the corrected information to the relevant third parties, regarding the deletion or termination of data, its analysis through automatic systems, regarding objection against the occurrence of a situation against him/her, regarding termination in the event that he/she suffers from loss and damages due to the fact that the data was processed contrary to the law. His/her application and demands regarding these issues will be fulfilled within legal maximum durations or may not be accepted by notification of its lawful reason to him/her.
Regarding all kinds of information and content of the INTERNET SITE and arrangement, revision and partial/complete usage of these, all intellectual property rights belong to the SELLER and xxx excluding the ones belonging to other third parties in accordance with the agreement of the SELLER.
The SELLER reserves the right to make all kinds of alterations about issues above required by law that he/she may deem necessary; these alterations go into effect the moment they are announced on the INTERNET SITE or through other appropriate methods by the SELLER.
On other sites accessed through the INTERNET SITE, privacy-safety policies and terms of usage belonging to themselves apply, the SELLER is not responsible for disputes likely to arise and their negative results.
SOME OTHER ISSUES
The value of Product is returned to the BUYER in at most 14 days in an appropriate way to the method with which the value of Product was paid in order cancellations and cancellations of Contract, including withdrawals complying with Contract and the law in the event that the Product price has been collected. For instance, return procedures in payments by credit card are conducted by return to the credit card of the BUYER and Product price is returned to the relevant bank within the same duration after the order is cancelled by the BUYER; as the return procedure of this amount depends on the bank procedure process in being reflected to the accounts of the BUYER after it was conducted by the SELLER, the SELLER is not in any way responsible for likely delays emanating from this kind of reasons outside his/her initiative (Procedures of reflecting the return by banks to the BUYER account may generally take three weeks).
The SELLER has and reserves the rights of deduction, discount and reduction for the value to be returned to the BUYER arising from Contract and the law. Regarding the situations where the Contract is cancelled by the BUYER as the result of the SELLER not fulfilling his/her obligations, legal rights of the BUYER are also available and valid.
The BUYER may notify the SELLER orally or in writing about his/her demands and complaints regarding the Product and the sale by contacting him/her through the media specified above. We, as the SELLER, are glad to deal with fair demands-complaints and all kinds of applications by our BUYER customers. In case the situation cannot be solved in this way, the BUYER may apply to Provincial and Subprovincial Arbitration Boards and in transgressing situations, to BUYER Courts at the residential area of him/her or the SELLER (at the area of his/her residence) within the monetary limits determined and announced each year by the Ministry of Customs and Trade.
The BUYER, in the case of his/her confirmation, has been informed through this Preliminary Information to constitute an inseparable part of Distant Sales Contract regarding all issues encompassing the basic qualities-traits, sale price, method of payment, delivery procedures and withdrawal right of the Product/Products subject to the sale and personal information-electronic communication.
All explanations and information in this Preliminary Information of this Order-Contract are valid the moment the BUYER confirms them on the INTERNET SITE; in case of their acceptance, they are conducted in a binding way between the SELLER and the BUYER together with Distant Sales Contract.